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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02676
Date Filed2021-10-12
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED, INC.
Case DescriptionBuzzFeed reporter Jason Leopold submitted a FOIA request to the Criminal Division of the Department of Justice for records concerning the album Once Upon a Time by the Wu Tang Clan. The agency acknowledged receipt of the request and told Leopold that the Executive Office for U.S. Attorneys had responsive records. Leopold then sent a FOIA request to EOUSA. The agency acknowledged receipt of the request. He also filed an administrative appeal of the Criminal Division's claim that it had no records. The Criminal Division denied the appeal. After hearing nothing further from either agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2021-10-121COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8794807) filed by BUZZFEED, INC., JASON LEOPOLD. (Attachments: # 1 Exhibit Ex 1-8, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 10/12/2021)
2021-10-122NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED, INC., JASON LEOPOLD (Topic, Matthew) (Entered: 10/12/2021)
2021-10-123LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED, INC. (Topic, Matthew) (Entered: 10/12/2021)
2021-10-14Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 10/14/2021)
2021-10-154SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 10/15/2021)
2021-10-185ERRATA by BUZZFEED, INC., JASON LEOPOLD re 1 Complaint filed by BUZZFEED, INC., JASON LEOPOLD. (Attachments: # 1 Exhibit Corrected Complaint)(Topic, Matthew) (Entered: 10/18/2021)
2021-11-226NOTICE of Appearance by Diana Viggiano Valdivia on behalf of U.S. DEPARTMENT OF JUSTICE (Valdivia, Diana) (Entered: 11/22/2021)
2021-11-227ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Valdivia, Diana) (Entered: 11/22/2021)
2021-11-23MINUTE ORDER: The Court hereby ORDERS that, on or before December 29, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear via Zoom for an Initial Scheduling Conference on January 6, 2022, at 2:30 p.m., before Judge Randolph D. Moss. The Courtroom Deputy Clerk will provide the Zoom login information prior to the conference. Signed by Judge Randolph D. Moss on 11/23/2021. (lcrdm2) Modified on 12/27/2021 to correct year in ISC date (kt). (Entered: 11/23/2021)
2021-11-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/9/2021 (Topic, Matthew) (Entered: 11/28/2021)
2021-11-289RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/09/2021. (Topic, Matthew) (Entered: 11/28/2021)
2021-11-2810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/9/2021. Answer due for ALL FEDERAL DEFENDANTS by 12/9/2021. (Topic, Matthew) (Entered: 11/28/2021)
2021-12-27Set/Reset Hearings: Initial Scheduling Conference set for 1/6/2022, at 2:30 PM, by video, before Judge Randolph D. Moss. (kt) (Entered: 12/27/2021)
2021-12-2911Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 12/29/2021)
2021-12-30MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 31, 2022. Signed by Judge Randolph D. Moss on 12/30/2021. (lcrdm2) (Entered: 12/30/2021)
2022-01-05MINUTE ORDER: In light of the Court's Minute Order directing the parties to file a further joint status report, see Minute Order (Dec. 30, 2021), the Court hereby ORDERS that the initial scheduling conference set for January 6, 2022, is hereby VACATED. The parties shall propose a schedule for further proceedings in their next joint status report. Signed by Judge Randolph D. Moss on 1/5/2022. (lcrdm2) (Entered: 01/05/2022)
2022-01-3112Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 01/31/2022)
2022-02-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 1, 2022. Signed by Judge Randolph D. Moss on 2/1/2022. (lcrdm2) (Entered: 02/01/2022)
2022-03-3113NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED, INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 03/31/2022)
2022-04-0114Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 04/01/2022)
2022-04-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 31, 2022. Signed by Judge Randolph D. Moss on 4/4/2022. (lcrdm2) (Entered: 04/04/2022)
2022-05-3115Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 05/31/2022)
2022-06-01MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 29, 2022. Signed by Judge Randolph D. Moss on 6/1/2022. (lcrdm2) (Entered: 06/01/2022)
2022-08-2916Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Valdivia, Diana) (Entered: 08/29/2022)
2022-08-29MINUTE ORDER: Upon consideration of parties' Joint Status Report, Dkt. 16 , it is hereby ORDERED that the parties shall file an additional joint status report on or before November 28, 2022, to advise the Court whether any issues remain in this litigation, and, if so, to propose a briefing schedule. Signed by Judge Randolph D. Moss on 08/29/2022. (lcrdm2) (Entered: 08/29/2022)
2022-11-1017NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Diana V. Valdivia (Caplen, Robert) (Entered: 11/10/2022)
2022-11-2818Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 11/28/2022)
2022-11-29MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 18 , it is hereby ORDERED that the parties shall file an additional joint status report on or before December 16, 2022. Signed by Judge Randolph D. Moss on 11/29/2022. (lcrdm2) (Entered: 11/29/2022)
2022-12-1519Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 12/15/2022)
2022-12-20MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 13, 2023. Signed by Judge Randolph D. Moss on 12/20/2022. (lcrdm2) (Entered: 12/20/2022)
2023-01-1320Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Caplen, Robert) (Entered: 01/13/2023)
2023-01-17MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 13, 2023. Signed by Judge Randolph D. Moss on 1/17/2023. (lcrdm2) (Entered: 01/17/2023)
2023-02-0321NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Levy on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Robert A. Caplen (Levy, Brian) (Entered: 02/03/2023)
2023-02-2822NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED, INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/28/2023)
2023-04-1323Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 04/13/2023)
2023-04-14MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 13, 2023. Signed by Judge Randolph D. Moss on 4/14/2023. (lcrdm2) (Entered: 04/14/2023)
2023-06-1324Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 06/13/2023)
2023-06-19MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 14, 2023. Signed by Judge Randolph D. Moss on 6/19/2023. (lcrdm2) (Entered: 06/19/2023)
2023-08-1425Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 08/14/2023)
2023-08-1426STANDING ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 25 , it is hereby ORDERED that the parties shall comply with the directives set forth in Section 10 of the attached Standing Order. See document for details. It is hereby ORDERED that the parties shall appear for a pre-motion conference at 9:30 a.m. on November 3, 2023, in Courtroom 8. It is further ORDERED that Defendant shall submit its pre-motion statement on or before October 9, 2023, and that Plaintiffs shall submit their pre-motion statement on or before October 16, 2023. Signed by Judge Randolph D. Moss on 8/14/2023. (lcrdm2) (Main Document 26 replaced on 8/22/2023) (zglw). (Entered: 08/14/2023)
2023-08-2327NOTICE of Appearance by Stephen Stich Match on behalf of BUZZFEED, INC., JASON LEOPOLD (Match, Stephen) (Entered: 08/23/2023)
2023-08-2328Consent MOTION for Hearing by BUZZFEED, INC., JASON LEOPOLD. (Match, Stephen) Modified on 8/24/2023 to correct relief (zjm). (Entered: 08/23/2023)
2023-08-23MINUTE ORDER: Upon consideration of the parties' Consent Motion for Remote Conference 28 , it is hereby ORDERED that the motion is GRANTED. The pre-motion conference scheduled for November 3, 2023, at 9:30 a.m. will take place via Zoom. Signed by Judge Randolph D. Moss on 08/23/23. (lcrdm2) (Entered: 08/23/2023)
2023-10-0629Consent MOTION to Modify the Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 10/06/2023)
2023-10-10MINUTE ORDER: Upon consideration of the Defendant's Consent Motion to Modify the Briefing Schedule, Dkt. 29 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that (1) Defendant shall file its pre-motion statement on or before October 30, 2023; (2) Plaintiff shall file their pre-motion statement on or before November 6, 2023; and (3) the pre-motion conference currently set for November 3, 2023, is VACATED and RESCHEDULED for November 27, 2023, at 2:00 p.m. by Zoom. Signed by Judge Randolph D. Moss on 10/10/23. (lcrdm2) (Entered: 10/10/2023)
2023-10-3030Consent MOTION to Modify by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 10/30/2023)
2023-10-31MINUTE ORDER: Upon consideration of Defendant's Consent Motion to Modify the Briefing Schedule, Dkt. 30 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the summary judgment briefing schedule deadlines are VACATED and that the parties shall file a joint status report on or before Nov. 30, 2023. Signed by Judge Randolph D. Moss on 10/31/23. (lcrdm2) (Entered: 10/31/2023)
2023-11-3031Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 11/30/2023)
2023-12-0132ERRATA re: Corrected Joint Status Report by U.S. DEPARTMENT OF JUSTICE re 31 Status Report. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 12/01/2023)
2023-12-04MINUTE ORDER: Upon consideration of the parties' Corrected Joint Status Report, Dkt. 32 , it is hereby ORDERED that the parties file a further joint status report on or before Feb. 8, 2024. Signed by Judge Randolph D. Moss on 12/4/23. (lcrdm2) (Entered: 12/04/2023)
2024-02-0833Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 02/08/2024)
2024-02-08MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 33 , it is hereby ORDERED that the parties file a further joint status report on or before April 5, 2024. Signed by Judge Randolph D. Moss on 2/8/24. (lcrdm2) (Entered: 02/08/2024)
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