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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF TRANSPORTATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00581
Date Filed2021-03-04
Date Closed2023-11-16
JudgeJudge Carl J. Nichols
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED INC.
Case DescriptionBuzzFeed Reporter Jason Leopold submitted a FOIA request to the Federal Aviation Administration for records concerning the Trump rally that resulted in storming the U.S. Capitol. He also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Leopold's request for expedited processing and a fee waiver. After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF TRANSPORTATION
DefendantFEDERAL AVIATION ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-041COMPLAINT against FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION ( Filing fee $ 402 receipt number ADCDC-8278986) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit A-E, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 03/04/2021)
2021-03-042NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/04/2021)
2021-03-043LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 03/04/2021)
2021-03-05Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 03/05/2021)
2021-03-054SUMMONS (4) Issued Electronically as to FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/05/2021)
2021-04-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL AVIATION ADMINISTRATION served on 3/25/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/26/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-268ANSWER to Complaint by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION.(Holland, Liam) (Entered: 04/26/2021)
2021-05-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TRANSPORTATION served on 4/23/2021 (Topic, Matthew) (Entered: 05/07/2021)
2021-08-26MINUTE ORDER. MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 23, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs request[s] and any discussions regarding whether Plaintiffs request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 26, 2021. (lccjn1) (Entered: 08/26/2021)
2021-08-26Set/Reset Deadlines: Joint Status Report due by 9/23/2021. (zcal) (Entered: 08/27/2021)
2021-09-2310Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION. (Holland, Liam) (Entered: 09/23/2021)
2021-09-27MINUTE ORDER. Upon consideration of the Parties' 10 Joint Status Report, it is ORDERED the Parties file an additional joint status report on or before November 18, 2021, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 27, 2021. (lccjn1) (Entered: 09/27/2021)
2021-09-27Set/Reset Deadlines: Joint Status Report due by 11/18/2021. (zcal) (Entered: 09/28/2021)
2021-11-1811Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 11/18/2021)
2021-11-29MINUTE ORDER. Upon Consideration of the 11 Joint Status Report, it is ORDERED that the Parties shall submit an additional joint status report by February 16, 2022, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on November 29, 2021. (lccjn1) (Entered: 11/29/2021)
2022-02-1612Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 02/16/2022)
2022-02-17MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is ORDERED that the Parties shall file, by May 17, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on February 17, 2022. (lccjn1) (Entered: 02/17/2022)
2022-05-1713Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 05/17/2022)
2022-05-19MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is ORDERED that the Parties shall file, by August 15, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on May 19, 2022. (lccjn1) (Entered: 05/19/2022)
2022-08-1514Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 08/15/2022)
2022-08-18MINUTE ORDER. Upon consideration of the 14 Joint Status Report, it is ORDERED that the parties shall file an additional joint status report by September 14, 2022 and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on August 18, 2022. (lccjn1) (Entered: 08/18/2022)
2022-09-1415Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 09/14/2022)
2022-10-1416NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 10/14/2022)
2022-10-1417Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 10/14/2022)
2022-11-1018Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 11/10/2022)
2023-01-1219Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 01/12/2023)
2023-02-2820NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/28/2023)
2023-03-0921Joint MOTION for Briefing Schedule for Dispositive Motions , Joint MOTION for Order Waiving the Requirements of Local Civil Rule 7(h) by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Holland, Liam) (Entered: 03/09/2023)
2023-03-1522STANDING ORDER. Signed by Judge Carl J. Nichols on March 15, 2023. (lccjn1) (Entered: 03/15/2023)
2023-03-15MINUTE ORDER. Upon consideration of the Parties' 21 Joint Motion for a Briefing Schedule for Dispositive Motions and for an Order Waiving the Requirements of Local Civil Rule 7(h), it is ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. It is further ORDERED that Defendants shall file their Motion for Summary Judgment by May 17, 2023; Plaintiffs shall file their Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment by June 30, 2023; Defendants shall file their Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in support of their Motion for Summary Judgment by August 14, 2023; and Plaintiffs shall file their Reply in support of their Cross-Motion for Summary Judgment by September 5, 2023. And it is further ORDERED that Parties shall abide by Paragraph 9 of the Court's Standing Order as it relates to the submission of statements of material facts. Signed by Judge Carl J. Nichols on March 15, 2023. (lccjn1) (Entered: 03/15/2023)
2023-05-1723MOTION for Summary Judgment by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order, # 2 Index of Exhibits, # 3 Vaughn Key/Index and Redacted Records at Issue, # 4 Declaration of Jessica Sypniewski, # 5 Declaration of Katherine Howard)(Holland, Liam) (Entered: 05/17/2023)
2023-06-1224Joint MOTION to Vacate Briefing Schedule by BUZZFEED INC., JASON LEOPOLD. (Wayne, Merrick) (Entered: 06/12/2023)
2023-06-22MINUTE ORDER. Upon consideration of the 24 Joint Motion to Vacate Briefing Schedule, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall file a joint status report by August 8, 2023, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on June 22, 2023. (lccjn1) (Entered: 06/22/2023)
2023-08-0825Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 08/08/2023)
2023-08-18MINUTE ORDER. Upon consideration of the 25 Joint Status Report, it is ORDERED that the Parties shall file, by October 18, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on August 18, 2023. (lccjn1) (Entered: 08/18/2023)
2023-10-1826Joint STATUS REPORT by FEDERAL AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Holland, Liam) (Entered: 10/18/2023)
2023-10-23MINUTE ORDER. Upon consideration of the 26 Joint Status Report, it is hereby ORDERED that the Parties shall file, by November 16, 2023, an additional joint status report, including a proposal for further proceedings. So ORDERED by Judge Carl J. Nichols on October 23, 2023. (lccjn1) (Entered: 10/23/2023)
2023-11-1427STIPULATION of Dismissal by BUZZFEED INC., JASON LEOPOLD. (Wayne, Merrick) (Entered: 11/14/2023)
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