Case Detail

FOIA Project Annotation: A federal court in Texas has ruled that the FBI failed to show exceptional circumstances existed because of the pandemic and has ordered the agency to begin to process Brian Huddleston's request which encompassed a potential 20,000 pages of responsive records. The court showed sympathy for the plight of the FBI, noting that "if the COVID-19 crisis is not an 'exceptional circumstance' under §552(a)(6)(C)(i), the court is unsure when the exception would ever apply." But the court then pointed out that "even in these extraordinary times, the degree of malleability Defendants propose for the proceedings is unreasonable. . . The shapeless nature of the relief Defendants seek is anything but transparent." Explaining the agency's proposed schedule further, the court indicated that "the proposed processing rate is impermissible. Given the information currently before the Court, processing 250 pages per month during this reduced-staffing period and 500 pages per month when staffing returns to normal would be an unreasonable delay." The court observed that "the vague and dragged-out timeline Defendants suggest cannot be sustained without a greater showing of exceptional circumstances because 'stale information' produced pursuant to FOIA requests 'is of little value.' Granting the relief Defendants seek would thwart FOIA's 'basic purpose' of 'opening agency action to the light of public scrutiny.'"
Issues: Delay - Exceptional circumstance

FOIA Project Annotation: A federal court in Texas has tackled a series of related requests on the death of Seth Rich, a young staffer at the Democratic National Committee in Washington, D.C., who was murdered in July 2016 during what the D.C. Police determined was a botched robbery, but morphed quickly into an alternate reality allegation that he was intentionally murdered because he had disclosed Hillary Clinton's emails to the Russians. While the Meuller Report on whether or not the Trump campaign colluded with the Russians found that the Russians were responsible for disclosing DNC emails online, it also concluded that Seth Rich played no role in this scheme. Seeking records to support the claim that Rich was intentionally murdered to keep him quiet, several FOIA requests were submitted by Brian Huddleston and his attorney Ty Clevenger to the FBI for records about Seth Rich and his murder. The FBI conducted a search and told Clevenger that it found no responsive records. After the Office of Information Policy upheld the FBI's no records response, Clevenger filed suit in the Eastern District ot New York in 2017. Three years later, Clevenger discovered a two-page email chain responsive to his request that had been disclosed during litigation brought by Judicial Watch. The email chain was dated August 10, 2016, from an FBI employee in the Washington Field Office entitled "Seth Rich." The email reported news reports that Julian Assange, the creator of WikiLeaks, claimed that Rich was a WikiLeaks source and had been killed as a result. Since the FBI had not uncovered the email, Clevenger argued that the agency's search for records responsive to his request was inadequate. The district court in the Eastern District disagreed and ruled in the FBI's favor. In April 2020, Huddleston filed the first of several FOIA requests to the FBI for records referring to Seth Rich. After the FBI failed to respond, Huddleston filed suit in the Eastern District of Texas. He filed two more related requests. This time, the FBI acknowledged that it had more than 20,000 potentially responsive records about Seth Rich. The FBI told Huddleston that it had identified 1,563 pages as potentially responsive for further processing by the FBI. The agency processed 500 pages, releasing 68 pages in full and withholding 508 pages under various exemptions. The FBI processed another 500 pages, withholding 448 pages under various exemptions. The agency processed another 489 pages, releasing only five pages and withholding the remainder under various exemptions. The agency processed another 31 pages, releasing two pages. Six months later, the FBI filed for summary judgment. Its Vaughn index addressed 1,596 pages of responsive records, 1,469 pages of which the agency had withheld under various exemptions. The court granted the FBI's request for in camera review, but limited the review to a ten-page report. Huddleston argued that the FBI's search must have been inadequate because it had missed a huge number of potentially responsive records between the no records response to Clevenger's FOIA request and the 20,000 potentially responsive records found in response to its search for Huddleston's request. Judge Amos Mazzant pointed out that "in particular, the standard searches failed to locate the 20,000 pages of potentially relevant material, including the two-page email chain that states 'Seth Rich' is both the subject line and the body of the email. However, as a general rule, an agency's failure to locate a few pages or a specific document is not sufficient to find the agency's search was inadequate. But the FBI did not miss 'a few pages' here. The FBI missed 20,000 pages. Such a high rate of error in populating responsive documents is alarming and brings into question whether the FBI's standard CRS index search is truly 'the most reasonable means. . .to locate records potentially responsive to a FOIA request' as the FBI wants this Court to believe." Mazzant indicated that 'even so, the fact that an agency failed to locate a large volume of records does not, by itself, compel a finding that the agency's search was inadequate. That is, unless the claimant can demonstrate that the agency failed to follow up on a clear lead identifying a particular type of record or location where responsive documents may be located. In Clevenger's case, after the FBI conducted an initial search locating no responsive records, Clevenger notified the FBI of the existence of the Judicial Watch email chain and its relevance to his request." At the time, the FBI told Clevenger that it was not a substantial email about Rich and did not indicate that other records must exist. Mazzant noted, however, that "undoubtedly, this was proven false by the responsive records the FBI located in responding to Huddleston's requests in the present case. To be sure, the FBI repeatedly cites to the email chain and other documents produced in the Judicial Watch case as the reason the FBI searched for, and found, the thousands of pages of documents potentially responsive to Huddleston's request. Thus, while the search in Clevenger's case may not have been inadequate simply because the FBI failed to locate these potentially responsive documents, an agency's search is inadequate if the agency failed to locate documents it did not follow up on a clear lead." Mazzant explained that "nonetheless, the FBI's apparent failure to follow up on a lead in Clevenger's case, which it now recognizes was indicative of responsive documents related to Seth Rich, does not result in the FBI's search being inadequate in the present case. In contrast to Clevenger's case, the FBI here went beyond its standard CRS index search. In responding to Huddleston's requests, based on RIDS' review of documents produced in Judicial Watch, RIDS conducted a search of [Office of Special Counsel] files maintained in the FBI's CRS. Further, based on a lead contained in documents referred to FBI by the OIP, the FBI conducted a search of non-SCO related files within the San Francisco Field Office." He observed that "the FBI submitted [an affidavit] which sufficiently details these searches conducted by the FBI, the parameters of these searches, and the results from each search. In the absence of contrary evidence, the [agency's] declaration is sufficient to demonstrate the FBI conducted an adequate search in compliance with FOIA." He indicated that "Huddleston has made no showing that, by the close of the FBI's search, clear leads had emerged suggesting a need to conduct a further search. Thus, the Court finds that the FBI's decision not to search these additional sources was reasonable under the circumstances and does not render the FBI's search inadequate." Mazzant found the FBI had properly withheld information under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 7(C) (invasion of privacy concerning law enforcement records). However, while he found that Rich's parents were protected under 7(C), he concluded that Seth Rich's laptop was not covered by Exemption 7(C).
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2020-06-01	1	COMPLAINT against Federal Bureau of Investigation ( Filing fee $ 400 receipt number 0540-7814390.), filed by Brian Huddleston. (Attachments: # 1 Exhibit 1 (FOIA request), # 2 Civil Cover Sheet)(Clevenger, Ty) (Entered: 06/01/2020)
2020-06-01		Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) (Entered: 06/01/2020)
2020-06-01		In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge . (baf, ) (Entered: 06/01/2020)
2020-06-01	2	SUMMONS Issued as to Federal Bureau of Investigation. (baf, ) (Entered: 06/01/2020)
2020-07-07	3	AMENDED COMPLAINT against All Defendants, filed by Brian Huddleston.(Clevenger, Ty) (Additional attachment(s) added on 7/7/2020: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (baf, ). (Entered: 07/07/2020)
2020-07-07	4	SUMMONS Issued as to U.S. Department of Justice (Attn: Office of the Attorney General). (baf, ) (Entered: 07/07/2020)
2020-07-07	5	SUMMONS Issued as to U.S. Department of Justice (Attn: U.S. Attorney for the Eastern District of Texas). (baf, ) (Entered: 07/07/2020)
2020-08-12	6	ANSWER to 3 Amended Complaint by Federal Bureau of Investigation, U.S. Department of Justice.(Parker, Andrea) (Entered: 08/12/2020)
2020-08-13		In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge . (baf, ) (Entered: 08/13/2020)
2020-09-01	7	ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 10/6/2020. Rule 16 Management Conference set for 10/22/2020 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 9/1/2020. (rpc, ) (Entered: 09/01/2020)
2020-10-05	8	REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A)(Parker, Andrea) (Entered: 10/05/2020)
2020-10-14		The Court hereby CANCELS the 10/22/20 Scheduling Conference. The Court will enter a Scheduling Order. (tls) (Entered: 10/14/2020)
2020-10-22	9	SCHEDULING ORDER. Signed by District Judge Amos L. Mazzant, III on 10/22/2020. (daj, ) (Entered: 10/23/2020)
2020-12-16	10	MOTION to Stay re 9 Scheduling Order by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Parker, Andrea) (Entered: 12/16/2020)
2020-12-30	11	RESPONSE in Opposition re 10 MOTION to Stay re 9 Scheduling Order filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (FOIA request letter), # 2 Exhibit 2 (FBI response to FOIA), # 3 Exhibit 3 (FOIA appeal), # 4 Exhibit 4 (Brooklyn complaint), # 5 Exhibit 5 (Hardy declaration), # 6 Exhibit 6 (Letter to Judge Bloom), # 7 Exhibit 7 (Motion re supplemental evidence), # 8 Exhibit 8 (Hersh deposition), # 9 Exhibit 9 (Butowsky declaration))(Clevenger, Ty) (Entered: 12/30/2020)
2021-01-05		Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place voluminous pleadings in three-ring binder(s). Staples are fine; no binder clips, please. (tls) (Entered: 01/05/2021)
2021-01-06	12	REPLY to Response to Motion re 10 MOTION to Stay re 9 Scheduling Order filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Affidavit)(Parker, Andrea) (Entered: 01/06/2021)
2021-01-07	13	SUR-REPLY to Reply to Response to Motion re 10 MOTION to Stay re 9 Scheduling Order filed by Brian Huddleston . (Clevenger, Ty) (Entered: 01/07/2021)
2021-01-14	14	Unopposed MOTION for Leave to File Response to Plaintiff's Sur-Reply by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 01/14/2021)
2021-01-14	15	RESPONSE in Support re 10 MOTION to Stay re 9 Scheduling Order Defendant's Response to Plaintiff's Sur-Reply filed by Federal Bureau of Investigation, U.S. Department of Justice . (Parker, Andrea) (Entered: 01/14/2021)
2021-01-15	16	ORDER - granting 14 Motion for Leave to File a Response to Plaintiff's Sur-Reply in Opposition to Motion to Stay. Signed by District Judge Amos L. Mazzant, III on 1/15/2021. (baf, ) (Entered: 01/15/2021)
2021-01-20	17	Unopposed MOTION for Leave to File Response to Defendants' Proposed Schedule by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Attachment 1 replaced on 1/20/2021) (baf, ). (Entered: 01/20/2021)
2021-01-20	18	RESPONSE to 15 Response in Support of Motion filed by Brian Huddleston . (Clevenger, Ty) (Entered: 01/20/2021)
2021-01-22	19	ORDER - granting 17 Motion for Leave to File Response. Signed by District Judge Amos L. Mazzant, III on 1/22/2021. (baf, ) (Entered: 01/22/2021)
2021-02-01	20	MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendants' Motion to Stay Scheduling Order Deadlines (Dkt. 10 ) is hereby GRANTED in part and DENIED in part. It is FURTHER ORDERED the Scheduling Order in this case is amended as follows: April 23, 2021 Deadline for Defendants' Complete Production of Documents and Vaughn Index; May 24, 2021 Defendants' Motion for Summary Judgment; June 23, 2021 Plaintiff's Opposition and Cross-Motion for Summary Judgment; July 7, 2021 Defendants' Reply and Opposition; July 21, 2021 Plaintiff's Reply. Signed by District Judge Amos L. Mazzant, III on 2/1/2021. (baf, ) (Entered: 02/01/2021)
2021-04-08	21	Second MOTION to Stay re 20 Memorandum & Opinion,,, Order,, Scheduling Order by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 04/08/2021)
2021-04-13	22	RESPONSE in Opposition re 21 Second MOTION to Stay re 20 Memorandum & Opinion,,, Order,, Scheduling Order filed by Brian Huddleston . (Clevenger, Ty) (Entered: 04/13/2021)
2021-04-20	23	REPLY to Response to Motion re 21 Second MOTION to Stay re 20 Memorandum & Opinion,,, Order,, Scheduling Order filed by Federal Bureau of Investigation . (Attachments: # 1 Affidavit)(Parker, Andrea) (Entered: 04/20/2021)
2021-04-26	24	SUR-REPLY to Reply to Response to Motion re 21 Second MOTION to Stay re 20 Memorandum & Opinion,,, Order,, Scheduling Order filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Partial production))(Clevenger, Ty) (Entered: 04/26/2021)
2021-05-07	25	MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendants' Second Motion to Stay Scheduling Order Deadlines (Dkt. 21 ) is hereby GRANTED. It is FURTHER ORDERED that the Scheduling Order in this case is amended as follows: April 23, 2021 First Production, May 24, 2021 Second Production, June 24, 2021 Third Production, July 24, 2021 Final Production. Signed by District Judge Amos L. Mazzant, III on 5/7/2021. (baf, ) (Entered: 05/07/2021)
2021-06-14	26	***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION to Compel Production of Unredacted Copies and In Camera Review by Brian Huddleston. (Attachments: # 1 Exhibit 1 (April FBI production), # 2 Exhibit 2 (Sines transcript), # 3 Exhibit 3 (Hardy declaration), # 4 Exhibit 4 (NY motion to permit discovery), # 5 Exhibit 5 (NY motion for evidentiary hearing), # 6 Exhibit 6 (NY response to MSJ), # 7 Exhibit 7 (NY complaint), # 8 Exhibit 8 (Joint status report), # 9 Exhibit 9 (Letter from Ronald Mapp), # 10 Exhibit 10 (Special counsel production), # 11 Text of Proposed Order)(Clevenger, Ty) Modified on 6/15/2021 (baf, ). (Entered: 06/14/2021)
2021-06-15		NOTICE of Deficiency regarding the MOTION TO COMPEL submitted DOCUMENT 26 - DOCUMENT EXCEEDS THE PAGE LIMIT. Correction should be made by ONE BUSINESS DAY (baf, ) (Entered: 06/15/2021)
2021-06-15	27	Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 06/15/2021)
2021-06-15	28	Amended MOTION to Compel Production of Unredacted Copies and to Review In Camera by Brian Huddleston. (Attachments: # 1 Exhibit 1 (April FBI production), # 2 Exhibit 2 (Sines transcript), # 3 Exhibit 3 (Hardy declaration), # 4 Exhibit 4 (NY motion to permit discovery), # 5 Exhibit 5 (NY motion for evidentiary hearing), # 6 Exhibit 6 (NY response to MSJ), # 7 Exhibit 7 (NY complaint), # 8 Exhibit 8 (Joint status report), # 9 Exhibit 9 (Letter from Ronald Mapp), # 10 Exhibit 10 (Special counsel production), # 11 Text of Proposed Order)(Clevenger, Ty) (Entered: 06/15/2021)
2021-06-16	29	ORDER - granting 27 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 6/16/2021. (baf, ) (Entered: 06/16/2021)
2021-06-28	30	RESPONSE to Motion re 28 Amended MOTION to Compel Production of Unredacted Copies and to Review In Camera filed by Federal Bureau of Investigation . (Parker, Andrea) (Entered: 06/28/2021)
2021-07-05	31	REPLY to Response to Motion re 28 Amended MOTION to Compel Production of Unredacted Copies and to Review In Camera filed by Brian Huddleston . (Clevenger, Ty) (Entered: 07/05/2021)
2021-07-06	32	ORDER. It is ORDERED that Plaintiff's Motion for In Camera Review (Dkt. # 28 ) is hereby DENIED without prejudice. Signed by District Judge Amos L. Mazzant, III on 7/6/2021. (rpc, ) (Entered: 07/06/2021)
2021-08-10	33	Joint MOTION To Enter Proposed Briefing Schedule by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 08/10/2021)
2021-08-13	34	ORDER granting 33 Joint Motion to Enter Proposed Briefing Schedule. Signed by District Judge Amos L. Mazzant, III on 08/13/2021. (las) (Entered: 08/13/2021)
2021-11-05	35	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and Vaughn Index by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 11/05/2021)
2021-11-08	36	ORDER - granting 35 Motion for Extension of Time to File Motion for Summary Judgment and Vaughn Index. Defendants shall submit their motion for summary judgment and Vaughn index on or before December 15, 2021. Signed by District Judge Amos L. Mazzant, III on 11/8/2021. (baf, ) (Entered: 11/08/2021)
2021-12-15	37	***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION for Summary Judgment by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit Declaration of Michael G. Seidel, # 2 Exhibit Declaration of Vanessa R. Brinkmann, # 3 Exhibit Declaration of Theodore B. Smith, # 4 Text of Proposed Order)(Parker, Andrea) Modified on 12/16/2021 (baf, ). (Entered: 12/15/2021)
2021-12-16		NOTICE of Deficiency regarding the MOTION FOR SUMMARY JUDGMEMT submitted DOCUMENT 37 - DOCUMENT EXCEEDS THE PAGE LIMIT. Correction should be made by ONE BUSINESS DAY (baf, ) (Entered: 12/16/2021)
2021-12-16	38	Unopposed MOTION for Leave to File Excess Pages by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 12/16/2021)
2021-12-16	39	MOTION for Summary Judgment by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit Declaration of Michael Seidel, # 2 Exhibit Declaration of Vanessa Brinkman, # 3 Exhibit Declaration of Theodore Smith, # 4 Text of Proposed Order)(Parker, Andrea) (Entered: 12/16/2021)
2021-12-20	40	ORDER - granting 38 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 12/20/2021. (baf, ) (Entered: 12/20/2021)
2022-01-05	41	Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 01/05/2022)
2022-01-06	42	ORDER granting 41 Motion for Extension of Time to File Response re 39 MOTION for Summary Judgment . Responses due by 1/31/2022. Signed by District Judge Amos L. Mazzant, III on 1/6/2022. (baf, ) (Entered: 01/06/2022)
2022-01-20		Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls) (Entered: 01/20/2022)
2022-01-26	43	Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 01/26/2022)
2022-01-27	44	ORDER granting 43 Motion for Extension of Time to File Response/Reply re 39 MOTION for Summary Judgment . Responses due by 2/7/2022. Replies due by 2/28/2022. Signed by District Judge Amos L. Mazzant, III on 1/27/2022. (baf, ) (Entered: 01/27/2022)
2022-02-07	45	Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 02/07/2022)
2022-02-07	46	RESPONSE in Opposition re 39 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (FBI production), # 2 Exhibit 2 (Email exchange), # 3 Exhibit 3 (Aaron Mate record), # 4 Text of Proposed Order)(Clevenger, Ty) (Entered: 02/07/2022)
2022-02-09	47	ORDER - granting 45 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 2/9/2022. (baf, ) (Entered: 02/09/2022)
2022-02-24	48	Unopposed MOTION to Stay re 34 Order on Motion for Miscellaneous Relief by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 02/24/2022)
2022-02-25	49	ORDER - granting 48 Motion to Stay. The briefing schedule is stayed for thirty (30) days. Signed by District Judge Amos L. Mazzant, III on 2/25/2022. (baf, ) (Entered: 02/25/2022)
2022-03-31	50	STATUS REPORT (Joint) by Federal Bureau of Investigation. (Parker, Andrea) (Entered: 03/31/2022)
2022-04-20		NOTICE of Hearing: Telephone Conference on the Parties' JOINT STATUS REPORT REGARDING NEW SEARCHES AND PROPOSED PRODUCTION AND BRIEFING SCHEDULE (Dkt. #50) set for Thursday 4/28/2022 8:15 AM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 8:10 AM: 888-363-4749; Access Code: 1588844, followed by #. (tls) (Entered: 04/20/2022)
2022-04-21	51	ORDER - ORDERED that the production and briefing schedule applicable to Defendants Motion for Summary Judgment (Dkt. #39) be reinstated and modified as follows. ORDERED that the telephone conference set for April 28, 2022, is CANCELLED. Signed by District Judge Amos L. Mazzant, III on 4/21/2022. (ch, ) (Entered: 04/21/2022)
2022-04-25	52	MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Declaration of Ty Clevenger), # 2 Exhibit 2 (Invoice))(Clevenger, Ty) (Entered: 04/25/2022)
2022-05-02	53	Unopposed MOTION for Leave to File Excess Pages by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 05/02/2022)
2022-05-02	54	REPLY to Response to Motion re 39 MOTION for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Parker, Andrea) (Entered: 05/02/2022)
2022-05-02	55	Opposed MOTION for Leave to File to Submit Exhibit In Camera by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 05/02/2022)
2022-05-02	56	SEALED ADDITIONAL ATTACHMENTS to Main Document: 54 Reply to Response to Motion, 55 Opposed MOTION for Leave to File to Submit Exhibit In Camera . (Parker, Andrea) (Entered: 05/02/2022)
2022-05-06	57	RESPONSE in Opposition re 55 Opposed MOTION for Leave to File to Submit Exhibit In Camera filed by Brian Huddleston . (Clevenger, Ty) (Entered: 05/06/2022)
2022-05-07	58	RESPONSE in Opposition re 55 Opposed MOTION for Leave to File to Submit Exhibit In Camera (Amended) filed by Brian Huddleston . (Clevenger, Ty) (Entered: 05/07/2022)
2022-05-09	59	RESPONSE in Opposition re 52 MOTION for Attorney Fees filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 05/09/2022)
2022-05-16	60	Unopposed MOTION to Seal Document by Brian Huddleston. (Clevenger, Ty) (Additional attachment(s) added on 5/18/2022: # 1 Text of Proposed Order) (baf, ). (Entered: 05/16/2022)
2022-05-16	61	Sealed Document. (Clevenger, Ty) (Entered: 05/16/2022)
2022-05-16	62	REPLY to Response to Motion re 52 MOTION for Attorney Fees filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Huddleston declartion))(Clevenger, Ty) (Entered: 05/16/2022)
2022-05-19	63	ORDER - granting 60 Motion to Seal Document 60 Unopposed MOTION to Seal Document . Signed by District Judge Amos L. Mazzant, III on 5/19/2022. (baf, ) (Entered: 05/19/2022)
2022-05-21	64	Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 05/21/2022)
2022-05-21	65	SUR-REPLY to Reply to Response to Motion re 39 MOTION for Summary Judgment filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Email exchange), # 2 Exhibit 2 (Email exchange), # 3 Exhibit 3 (Notice of compliance), # 4 Exhibit 4 (Docket sheet))(Clevenger, Ty) (Entered: 05/21/2022)
2022-05-23	66	SUR-REPLY to Reply to Response to Motion re 52 MOTION for Attorney Fees filed by Federal Bureau of Investigation, U.S. Department of Justice . (Parker, Andrea) (Entered: 05/23/2022)
2022-06-08	67	ORDER - granting 64 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 6/8/2022. (baf, ) (Entered: 06/08/2022)
2022-07-28	68	ORDER granting 55 Motion for Leave to Submit Exhibit In Camera,. It is further ORDERED that Plaintiffs Motion for In Camera Review (Dkt. #46; Dkt. #58) is DENIED.Signed by District Judge Amos L. Mazzant, III on 7/28/2022. (mmc) (Entered: 07/28/2022)
2022-08-17	69	ORDER - granting 53 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 8/17/2022. (baf, ) (Entered: 08/17/2022)
2022-09-29	70	MEMORANDUM OPINION AND ORDER. Signed by District Judge Amos L. Mazzant, III on 9/29/2022. (ch, ) (Entered: 09/29/2022)
2022-10-12	71	Unopposed MOTION to Stay re 70 Memorandum & Opinion by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 10/12/2022)
2022-10-18	72	ORDER - granting 71 Motion to Stay Court's Production Order. Signed by District Judge Amos L. Mazzant, III on 10/18/2022. (baf, ) (Entered: 10/18/2022)
2022-10-27	73	MOTION Clarification re 70 Memorandum & Opinion or in the Alternative , MOTION for Reconsideration re 70 Memorandum & Opinion by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 10/27/2022)
2022-11-10	76	RESPONSE in Opposition re 73 MOTION Clarification re 70 Memorandum & Opinion or in the Alternative MOTION for Reconsideration re 70 Memorandum & Opinion filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Epoch Times article), # 2 Exhibit 2 (Email exchange), # 3 Exhibit 3 (Sines deposition exhibit), # 4 Exhibit 4 (Transcript of Sines deposition), # 5 Exhibit 5 (Rolling Stone article), # 6 Exhibit 6 (FD-302 form))(Clevenger, Ty) (Entered: 11/10/2022)
2022-11-14	77	MOTION re 70 Memorandum & Opinion by Brian Huddleston. (Attachments: # 1 Exhibit 1 (FBI email), # 2 Exhibit 2 (FBI property receipt), # 3 Text of Proposed Order)(Clevenger, Ty) (Entered: 11/14/2022)
2022-11-15	78	STATUS REPORT (Joint) by Brian Huddleston. (Attachments: # 1 Exhibit 1 (CrowdStrike report), # 2 Exhibit 2 (CrowdStrike report), # 3 Exhibit 3 (CrowdStrike report), # 4 Text of Proposed Order)(Clevenger, Ty) (Entered: 11/15/2022)
2022-11-15	79	Unopposed MOTION for Extension of Time to File Response/Reply as to 76 Response in Opposition to Motion,, 77 MOTION re 70 Memorandum & Opinion by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 11/15/2022)
2022-11-17	80	ORDER granting 79 Unopposed MOTION for Extension of Time to File Response/Reply as to 76 Response in Opposition to Motion,, 77 MOTION re 70 Memorandum & Opinion . Responses due by 11/30/2022. Signed by District Judge Amos L. Mazzant, III on 11/17/2022. (baf, ) (Entered: 11/17/2022)
2022-11-30	81	MOTION for Extension of Time to File Response/Reply as to 76 Response in Opposition to Motion,, 77 MOTION re 70 Memorandum & Opinion by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 11/30/2022)
2022-12-09	82	Unopposed MOTION for Leave to File Exhibit In Camera by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 12/09/2022)
2022-12-09	83	***DEFICIENT DOCUMENT - PLEASE DISREGARD*** RESPONSE to Motion re 77 MOTION re 70 Memorandum & Opinion and Reply to 76 Plaintiff's Response to Motion for Clarification or Reconsideration filed by Federal Bureau of Investigation . (Attachments: # 1 Affidavit Declaration of Michael G. Seidel, # 2 Exhibit A-C)(Parker, Andrea) Modified on 12/12/2022 (baf, ). (Entered: 12/09/2022)
2022-12-12		NOTICE of Deficiency regarding the RESPONSE submitted DOCUMENT 83 - THE EXHIBITS ARE NOT PROPERLY ATTACHED. Correction should be made by ONE BUSINESS DAY (baf, ) (Entered: 12/12/2022)
2022-12-12	84	RESPONSE to Motion re 77 MOTION re 70 Memorandum & Opinion and Reply to 76 Plaintiff's Response to Motion for Clarification or Reconsideration filed by Federal Bureau of Investigation . (Attachments: # 1 Affidavit Declaration of Michael G. Seidel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Parker, Andrea) (Entered: 12/12/2022)
2022-12-13	85	ORDER - granting 82 Motion for Leave to Submit Exhibit In Camera. Signed by District Judge Amos L. Mazzant, III on 12/13/2022. (baf, ) (Entered: 12/13/2022)
2022-12-16	86	Unopposed MOTION for Extension of Time to File Response/Reply as to 83 Response to Motion, by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 12/16/2022)
2022-12-19	87	ORDER - granting 86 Unopposed MOTION for Extension of Time to File Response/Reply as to 83 Response to Motion, . Responses due by 12/30/2022. Signed by District Judge Amos L. Mazzant, III on 12/19/2022. (baf, ) (Entered: 12/19/2022)
2022-12-29	88	Unopposed MOTION for Extension of Time to File Response/Reply as to 83 Response to Motion, by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 12/29/2022)
2023-01-05	89	ORDER - granting 88 Unopposed MOTION for Extension of Time to File Response/Reply as to 83 Response to Motion, . Signed by District Judge Amos L. Mazzant, III on 1/5/2023. (baf, ) (Entered: 01/05/2023)
2023-01-06	90	ORDER - granting 81 MOTION for Extension of Time to File Response/Reply as to 76 Response in Opposition to Motion,, 77 MOTION re 70 Memorandum & Opinion . Signed by District Judge Amos L. Mazzant, III on 1/6/2023. (baf, ) (Entered: 01/06/2023)
2023-01-13	91	MOTION re 85 Order on Motion for Leave to File by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Motion to compel Della-Camera), # 2 Text of Proposed Order)(Clevenger, Ty) (Entered: 01/13/2023)
2023-01-13	92	REPLY to Response to Motion re 77 MOTION re 70 Memorandum & Opinion filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Political Insider article), # 2 Exhibit 2 (CBS News story), # 3 Exhibit 3 (Excerpt of Mueller Report), # 4 Exhibit 4 (Aaron Mate article), # 5 Exhibit 5 (Shawn Henry transcript excerpt), # 6 Exhibit 6 (Email string))(Clevenger, Ty) (Entered: 01/13/2023)
2023-01-13	93	SUR-REPLY to Reply to Response to Motion re 73 MOTION Clarification re 70 Memorandum & Opinion or in the Alternative MOTION for Reconsideration re 70 Memorandum & Opinion filed by Brian Huddleston . (Clevenger, Ty) (Entered: 01/13/2023)
2023-01-18	94	NOTICE by Brian Huddleston re 91 MOTION re 85 Order on Motion for Leave to File (Clevenger, Ty) (Entered: 01/18/2023)
2023-01-20	95	NOTICE by Federal Bureau of Investigation of Supplemental Search Declaration and Vaughn Indices in Support of Defendants' Motion for Summary Judgment and Related Briefing (Attachments: # 1 Affidavit Seventh Declaration of Michael G. Seidel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Parker, Andrea) (Entered: 01/20/2023)
2023-02-02	96	Supplemental MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Clevenger invoice), # 2 Exhibit 2 (Quainton invoice), # 3 Exhibit 3 (Email string), # 4 Exhibit 4 (Email string), # 5 Exhibit 5 (Email string), # 6 Text of Proposed Order)(Clevenger, Ty) (Entered: 02/02/2023)
2023-02-03	97	Unopposed MOTION for Extension of Time to File Response/Reply as to 95 Notice (Other), by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 02/03/2023)
2023-02-06	98	RESPONSE in Opposition re 91 MOTION re 85 Order on Motion for Leave to File filed by Federal Bureau of Investigation . (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 02/06/2023)
2023-02-06	99	REPLY to Response to Motion re 91 MOTION re 85 Order on Motion for Leave to File filed by Brian Huddleston . (Clevenger, Ty) (Entered: 02/06/2023)
2023-02-07	100	Unopposed MOTION for Leave to File Response Out of Time by Federal Bureau of Investigation. (Attachments: # 1 Exhibit Response to Plaintiff's Motion [ECF 91], # 2 Text of Proposed Order)(Parker, Andrea) (Entered: 02/07/2023)
2023-02-07	101	ORDER granting 97 Unopposed MOTION for Extension of Time to File Response/Reply as to 95 Notice (Other), Responses due by 2/21/2023. Signed by District Judge Amos L. Mazzant, III on 02/07/2023. (klc, ) (Entered: 02/07/2023)
2023-02-09	102	ORDER granting 100 Unopposed MOTION for Leave to File Response Out of Time. Signed by District Judge Amos L. Mazzant, III on 2/9/2023. (ch, ) (Entered: 02/09/2023)
2023-02-15	103	RESPONSE to Motion re 96 Supplemental MOTION for Attorney Fees filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 02/15/2023)
2023-02-21	104	RESPONSE in Opposition re 100 Unopposed MOTION for Leave to File Response Out of Time filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Sussman indictment), # 2 Exhibit 2 (news article), # 3 Exhibit 3 (news article), # 4 Exhibit 4 (profile page), # 5 Exhibit 5 (news article), # 6 Exhibit 6 (Henry transcript), # 7 Exhibit 7 (forensic guidelines), # 8 Exhibit 8 (DOJ press release), # 9 Exhibit 9 (news article), # 10 Exhibit 10 (magazine article), # 11 Exhibit 11 (news article), # 12 Exhibit 12 (news article), # 13 Exhibit 13 (news article), # 14 Exhibit 14 (Stone case), # 15 Exhibit 15 (Stone case), # 16 Exhibit 16 (DOJ press release), # 17 Exhibit 17 (Stone case), # 18 Exhibit 18 (Stone case), # 19 Exhibit 19 (OIG report), # 20 Exhibit 20 (DHS guidelines))(Clevenger, Ty) (Entered: 02/21/2023)
2023-02-21	105	RESPONSE to 95 Notice (Other), filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Sussman indictment), # 2 Exhibit 2 (news article), # 3 Exhibit 3 (news article), # 4 Exhibit 4 (profile page), # 5 Exhibit 5 (news article), # 6 Exhibit 6 (Henry transcript), # 7 Exhibit 7 (forensic guidelines), # 8 Exhibit 8 (DOJ press release), # 9 Exhibit 9 (news article), # 10 Exhibit 10 (magazine article), # 11 Exhibit 11 (news article), # 12 Exhibit 12 (news article), # 13 Exhibit 13 (news article), # 14 Exhibit 14 (Stone case), # 15 Exhibit 15 (Stone case), # 16 Exhibit 16 (DOJ press release), # 17 Exhibit 17 (Stone case), # 18 Exhibit 18 (Stone case), # 19 Exhibit 19 (OIG report), # 20 Exhibit 20 (DHS guidelines))(Clevenger, Ty) (Entered: 02/21/2023)
2023-02-28	106	RESPONSE to 104 Response in Opposition to Motion,,, 105 Response to Non-Motion,,, filed by Federal Bureau of Investigation . (Parker, Andrea) (Entered: 02/28/2023)
2023-03-06	107	MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that both Plaintiff's Motion for Interim Payment of Costs and Attorney Fees (Dkt. 52 ) and Plaintiff's Supplemental Motion for Interim Payment of Costs and Attorney Fees (Dkt. 96 ) are hereby DENIED without prejudice. Signed by District Judge Amos L. Mazzant, III on 3/6/2023. (baf, ) (Entered: 03/06/2023)
2023-03-07	108	Unopposed MOTION for Extension of Time to File Response/Reply as to 106 Response to Non-Motion by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Email), # 2 Text of Proposed Order)(Clevenger, Ty) (Entered: 03/07/2023)
2023-03-08	109	ORDER granting 108 Unopposed MOTION for Extension of Time to File Response/Reply as to 106 Response to Non-Motion Responses due by 3/14/2023. Signed by District Judge Amos L. Mazzant, III on 3/8/2023. (ch, ) (Entered: 03/08/2023)
2023-03-14	110	SUR-REPLY to Reply to Response to Motion re 97 Unopposed MOTION for Extension of Time to File Response/Reply as to 95 Notice (Other), filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Email exchange), # 2 Exhibit 2 (Stone motion), # 3 Exhibit 3 (DOJ organizational chart), # 4 Exhibit 4 (Email exchange), # 5 Exhibit 5 (ThreatConnect report), # 6 Exhibit 6 (FireEye report), # 7 Exhibit 7 (Fidelis report), # 8 Exhibit 8 (Missouri v. Biden exhibit))(Clevenger, Ty) (Entered: 03/14/2023)
2023-04-07	111	MOTION for Summary Judgment by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Email string), # 2 Exhibit 2 (News article), # 3 Exhibit 3 (News article), # 4 Exhibit 4 (Flynn brief), # 5 Exhibit 5 (Inspector general excerpts), # 6 Exhibit 6 (Nordean filing), # 7 Exhibit 7 (Email string), # 8 Exhibit 8 (News column), # 9 Exhibit 9 (Email), # 10 Exhibit 10 (Email string), # 11 Exhibit 11 (First Amended Complaint #467), # 12 Exhibit 12 (Email string), # 13 Exhibit 13 (Email exchange))(Clevenger, Ty) (Entered: 04/07/2023)
2023-04-08	112	Amended MOTION for Partial Summary Judgment by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Email exchange), # 2 Exhibit 2 (News article), # 3 Exhibit 3 (News article), # 4 Exhibit 4 (Flynn brief), # 5 Exhibit 5 (OIG report), # 6 Exhibit 6 (Nordean filing), # 7 Exhibit 7 (Email exchange), # 8 Exhibit 8 (News column), # 9 Exhibit 9 (Email exchange), # 10 Exhibit 10 (Email exchange), # 11 Exhibit 11 (First Amended Complaint), # 12 Exhibit 12 (Email exchange), # 13 Exhibit 13 (Email exchange))(Clevenger, Ty) (Additional attachment(s) added on 4/10/2023: # 14 Text of Proposed Order) (rpc, ). (Entered: 04/08/2023)
2023-04-08	113	MOTION for Leave to File Supplemental Complaint by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Letter to FBI), # 2 Exhibit 2 (Letter from FBI), # 3 Exhibit 3 (Proposed supplemental complaint), # 4 Text of Proposed Order)(Clevenger, Ty) (Entered: 04/08/2023)
2023-04-10	114	AMENDED COMPLAINT (Supplemental Complaint) against All Defendants, filed by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Letter to FBI), # 2 Exhibit 2 (Letter from FBI))(Clevenger, Ty) (Entered: 04/10/2023)
2023-04-24	115	Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Leave to File Supplemental Complaint by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 04/24/2023)
2023-04-27	116	ORDER granting 115 Motion for Extension of Time to File. It is therefore ORDERED that Defendant's deadline for filing a response to Plaintiff's Motion for Leave to File Supplemental Complaint shall be extended up to and including May 1, 2023. Signed by District Judge Amos L. Mazzant, III on 4/27/2023. (baf, ) (Entered: 04/27/2023)
2023-05-01	117	RESPONSE in Opposition re 113 MOTION for Leave to File Supplemental Complaint filed by Federal Bureau of Investigation . (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 05/01/2023)
2023-05-01	118	RESPONSE to Motion re 112 Amended MOTION for Partial Summary Judgment filed by Federal Bureau of Investigation . (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 05/01/2023)
2023-05-03	119	ORDER denying as moot 111 Motion for Summary Judgment. Signed by District Judge Amos L. Mazzant, III on 5/3/23. (dm, ) (Entered: 05/03/2023)
2023-05-07	120	Unopposed MOTION for Extension of Time to File Response/Reply as to 117 Response in Opposition to Motion, 118 Response to Motion by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 05/07/2023)
2023-05-10	121	ORDER granting 120 Unopposed MOTION for Extension of Time to File Reply as to 117 Response in Opposition to Motion, 118 Response to Motion. Replies due by 5/18/2023. Signed by District Judge Amos L. Mazzant, III on 5/10/2023. (baf, ) (Entered: 05/10/2023)
2023-05-13	122	Unopposed MOTION to Stay by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 05/13/2023)
2023-05-18	123	ORDER STAYING CASE - granting 122 Unopposed MOTION to Stay filed by Brian Huddleston. The case is stayed until 7/17/2023. Signed by District Judge Amos L. Mazzant, III on 5/18/2023. (baf, ) (Entered: 05/18/2023)
2023-07-15	124	Unopposed MOTION to Stay by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 07/15/2023)
2023-07-18	125	ORDER. The Plaintiff's Unopposed Motion for Stay (Dkt. 124 ) is now before the Court. The motion is GRANTED, and the stay of this case is continued until August 18, 2023. Signed by District Judge Amos L. Mazzant, III on 7/18/2023. (baf, ) (Entered: 07/18/2023)
2023-08-18	126	Unopposed MOTION for Extension of Time to File Response/Reply as to 112 Amended MOTION for Partial Summary Judgment by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 08/18/2023)
2023-08-18	127	***DEFICIENT DOCUMENT - PLEASE DISREGARD*** REPLY to Response to Motion re 113 MOTION for Leave to File Supplemental Complaint filed by Brian Huddleston . (Clevenger, Ty) Modified on 8/21/2023 (baf, ). (Entered: 08/18/2023)
2023-08-21		NOTICE of Deficiency regarding the REPLY submitted DOCUMENT 127 - DOCUMENT EXCEEDS THE PAGE LIMIT. Correction should be made by ONE BUSINESS DAY (baf, ) (Entered: 08/21/2023)
2023-08-21	128	Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 08/21/2023)
2023-08-21	129	REPLY to Response to Motion re 113 MOTION for Leave to File Supplemental Complaint filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (DOJ web page))(Clevenger, Ty) (Entered: 08/21/2023)
2023-08-21	130	ORDER granting 126 Unopposed MOTION for Extension of Time to File Reply as to 112 Amended MOTION for Partial Summary Judgment . Replies due by 8/25/2023. Signed by District Judge Amos L. Mazzant, III on 8/21/2023. (baf, ) (Entered: 08/21/2023)
2023-08-22	131	ORDER granting 128 Motion for Leave to Exceed Page Limit. Signed by District Judge Amos L. Mazzant, III on 8/22/2023. (baf, ) (Entered: 08/22/2023)
2023-08-25	132	Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 08/25/2023)
2023-08-25	133	REPLY to Response to Motion re 112 Amended MOTION for Partial Summary Judgment filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Durham report), # 2 Exhibit 2 (News column), # 3 Exhibit 3 (Power Point presentation), # 4 Exhibit 4 (Emails), # 5 Exhibit 5 (News article), # 6 Exhibit 6 (FOIA production), # 7 Exhibit 7 (News article), # 8 Exhibit 8 (News article))(Clevenger, Ty) (Entered: 08/25/2023)
2023-08-29	134	ORDER granting 132 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 8/29/2023. (baf, ) (Entered: 08/29/2023)
2023-09-01	135	SUR-REPLY to Reply to Response to Motion re 112 Amended MOTION for Partial Summary Judgment filed by Federal Bureau of Investigation . (Attachments: # 1 Affidavit/Declaration Declaration of Robert A. Eikhoff)(Parker, Andrea) (Entered: 09/01/2023)
2023-11-28	136	MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Defendant FBI's Motion for Clarification, or in the Alternative, Reconsideration of the Memorandum Opinion and Order Entered September 29, 2022 (Dkt. 73 ) is DENIED. It is further ORDERED that Plaintiff's Motion for Clarification of the Memorandum Opinion and Order Entered September 29, 2022 (Dkt. 77 ) is be GRANTED in part and DENIED in part. Signed by District Judge Amos L. Mazzant, III on 11/28/2023. (baf, ) (Entered: 11/28/2023)
2023-11-29	137	MEMORANDUM OPINION AND ORDER. It is therefore ORDERED that Plaintiff's Motion to Permit Counsel to View Evidence (Dkt. 91 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 11/29/2023. (baf, ) (Entered: 11/29/2023)
2023-12-11	138	NOTICE of Attorney Appearance by James Garland Gillingham on behalf of Federal Bureau of Investigation (Gillingham, James) (Entered: 12/11/2023)
2023-12-11	139	MOTION for Extension of Time to File Response to Court's Order [ECF 136] by Federal Bureau of Investigation. (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 12/11/2023)
2023-12-12	140	ORDER granting 139 Motion for Extension of Time to File a Response. Response deadline extended to 1/11/2024. Signed by District Judge Amos L. Mazzant, III on 12/12/2023. (baf, ) (Entered: 12/12/2023)
2024-01-11	141	JOINT RESPONSE to 136 Order on Motion for Miscellaneous Relief,, Order on Motion for Reconsideration,,, filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Email string), # 2 Exhibit 2 (Newsweek article), # 3 Exhibit 3 (Declaration), # 4 Exhibit 4 (TXND order))(Clevenger, Ty) (Entered: 01/11/2024)
2024-01-11	142	UNOPPOSED MOTION re 136 Order on Motion for Miscellaneous Relief,, Order on Motion for Reconsideration,,, Request for Clarification by Brian Huddleston. (Clevenger, Ty) (Additional attachment(s) added on 1/12/2024: # 1 Proposed Order) (baf, ). (Entered: 01/11/2024)
2024-01-12	143	MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Declaration of Ty Clevenger), # 2 Proposed Order)(Clevenger, Ty) (Entered: 01/12/2024)
2024-01-19	144	ORDER granting 142 Motion for Clarification. Signed by District Judge Amos L. Mazzant, III on 1/19/2024. (baf, ) (Entered: 01/19/2024)
2024-01-26	145	RESPONSE to Motion re 143 MOTION for Attorney Fees filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 01/26/2024)
2024-01-29	146	REPLY to Response to Motion re 143 MOTION for Attorney Fees filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Newsweek article), # 2 Exhibit 2 (NY court filing), # 3 Exhibit 3 (Durham letter), # 4 Exhibit 4 (DOJ letter to NY court), # 5 Exhibit 5 (NY court filing), # 6 Exhibit 6 (NY court filing), # 7 Exhibit 7 (NY court filing), # 8 Exhibit 8 (NY court filing))(Clevenger, Ty) (Entered: 01/29/2024)
2024-02-05	147	SUR-REPLY to Reply to Response to Motion re 143 MOTION for Attorney Fees filed by Federal Bureau of Investigation, U.S. Department of Justice . (Gillingham, James) (Entered: 02/05/2024)
2024-02-08	148	MOTION for Summary Judgment - Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Exhibit Eighth Seidel Declaration, # 2 Proposed Order)(Gillingham, James) (Entered: 02/08/2024)
2024-02-14	149	MOTION Seeking Further Information About Ex Parte Filing by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 02/14/2024)
2024-02-28	150	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 148 MOTION for Summary Judgment - Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 02/28/2024)
2024-02-28	151	RESPONSE to Motion re 149 MOTION Seeking Further Information About Ex Parte Filing filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 02/28/2024)
2024-02-29	152	ORDER granting 150 UNOPPOSED MOTION for Extension of Time to File Response to 148 MOTION for Summary Judgment. Response due by 3/6/2024. Signed by District Judge Amos L. Mazzant, III on (jmb, ) (Entered: 02/29/2024)
2024-03-04	153	REPLY to Response to Motion re 149 MOTION Seeking Further Information About Ex Parte Filing filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (MPD website))(Clevenger, Ty) (Entered: 03/04/2024)
2024-03-07	154	RESPONSE in Opposition re 148 MOTION for Summary Judgment - Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (Declaration of Frank Whalen, # 2 Exhibit 2 (Email exchange), # 3 Exhibit 3 (CNN story), # 4 Exhibit 4 (Indictment))(Clevenger, Ty) (Entered: 03/07/2024)
2024-03-08	155	NOTICE of wrong attachment by Brian Huddleston re 154 Response in Opposition to Motion, (Attachments: # 1 Exhibit 1 (Email exchange))(Clevenger, Ty) (Entered: 03/08/2024)
2024-03-14	156	REPLY to Response to Motion re 148 MOTION for Summary Judgment - Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Exhibit Declaration of Michael G. Seidel)(Gillingham, James) (Entered: 03/14/2024)
2024-03-21	157	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 156 Reply to Response to Motion, by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 03/21/2024)
2024-03-25	158	ORDER granting 157 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 156 Reply to Response to Motion, , 148 MOTION for Summary Judgment - Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) . Replies due by 3/28/2024. Signed by District Judge Amos L. Mazzant, III on 3/25/2024. (BAF) (Entered: 03/25/2024)
2024-03-28	159	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 156 Reply to Response to Motion, by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 03/28/2024)
2024-04-01	160	ORDER granting 159 UNOPPOSED MOTION for Extension of Time to File Sur-Reply as to 148 Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(a). The Plaintiff's deadline for filing a sur-reply to Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(a) (Dkt. #148) is extended from March 28, 2024, until April 4, 2024. Signed by District Judge Amos L. Mazzant, III on 4/1/2024. (JMB) (Entered: 04/01/2024)
2024-04-04	161	UNOPPOSED MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 04/04/2024)
2024-04-04	162	SUR-REPLY to Reply to Response to Motion re 148 MOTION for Summary Judgment - Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) filed by Brian Huddleston . (Attachments: # 1 Exhibit 1 (LexisNexis white paper))(Clevenger, Ty) (Entered: 04/04/2024)
2024-04-05	163	ORDER granting 161 Motion for Leave to File Excess Pages. Signed by District Judge Amos L. Mazzant, III on 4/5/2024. (baf) (Entered: 04/05/2024)
2024-07-05	164	MOTION to Substitute Party by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 07/05/2024)
2024-07-08	165	MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Declaration of Ty Clevenger), # 2 Proposed Order)(Clevenger, Ty) (Entered: 07/08/2024)
2024-07-15	166	ORDER granting 113 Motion for Leave to File Supplemental Complaint. Further, Plaintiff's First Supplemental Complaint (Dkt. #114) is deemed filed. Signed by District Judge Amos L. Mazzant, III on 7/15/2024. (baf) (Entered: 07/15/2024)
2024-07-19	167	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 164 MOTION to Substitute Party , 165 MOTION for Attorney Fees by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 07/19/2024)
2024-07-22	168	ORDER granting 167 Defendants' Unopposed Motion for Extension to file a response to Plaintiff's Motion to Substitute Parties and Plaintiff's Supplemental Motion for Interim Payment of Costs and Attorney Fees. Responses due by 7/29/2024. Signed by District Judge Amos L. Mazzant, III on 7/22/2024. (jmb) (Entered: 07/22/2024)
2024-07-29	169	RESPONSE in Opposition re 164 MOTION to Substitute Party filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 07/29/2024)
2024-07-29	170	RESPONSE in Opposition re 165 MOTION for Attorney Fees filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 07/29/2024)
2024-08-05	171	UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 169 Response in Opposition to Motion by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 08/05/2024)
2024-08-07	172	ORDER granting 171 UNOPPOSED MOTION for Extension of Time to File Reply as to 169 Response in Opposition to Motion , 164 MOTION to Substitute Party . Replies due by 9/4/2024. Signed by District Judge Amos L. Mazzant, III on 8/7/2024. (baf) (Entered: 08/07/2024)
2024-08-09	173	ORDER. Pending before the Court is Plaintiff's Motion Regarding Ex Parte, In Camera Filing (Dkt. 149 ). The Court finds that supplemental briefing from the parties is necessary to make its determination regarding the present motion. The Court hereby ORDERS the Government to submit supplemental briefing on the issues discussed above by August 21, 2024. The Government shall further indicate whether Paragraph 9 in Exhibit 1 of Docket Entry No. 148 refers to Docket Entry Nos. 74 & 75. Huddleston may submit a response by September 4, 2024. Signed by District Judge Amos L. Mazzant, III on 8/9/2024. (baf) (Entered: 08/09/2024)
2024-08-15	174	MEMORANDUM OPINION AND ORDER. It is ORDERED that Plaintiff's Corrected Motion for Summary Judgment (Dkt. # 112 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 8/15/2024. (jmb) (Entered: 08/15/2024)
2024-08-15	175	MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) (Dkt. # 148 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 8/15/2024. (jmb) (Entered: 08/15/2024)
2024-08-15	176	AMENDED MEMORANDUM OPINION AND ORDER. Government shall conduct and complete by February 7, 2025, a document-by-document review of the information it possesses on the compact disk containing images of Seth Rich's personal laptop, Seth Richs work laptop, the DVD, and the tape drive that is responsive to Plaintiff's FOIA requests. Signed by District Judge Amos L. Mazzant, III on 8/15/2024. (dlw) (Entered: 08/15/2024)
2024-08-16	177	MEMORANDUM OPINION AND ORDER. It is ORDERED that Plaintiff's Renewed Motion for Interim Payment of Costs and Attorney Fees (Dkt. # 143 ) is DENIED without prejudice. It is further ORDERED that Plaintiff's Supplemental Motion for Interim Payment of Costs and Attorney Fees (Dkt. # 165 ) is DENIED without prejudice. Signed by District Judge Amos L. Mazzant, III on 8/16/2024. (jmb) (Entered: 08/16/2024)
2024-08-16	178	***DUPLICATE ENTRY. DOCKETED IN ERROR BY CLERK.*** AMENDED MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendants' Motion for Summary Judgment Regarding FOIA Exemption 7(A) (Dkt. # 148 ) is DENIED. Signed by District Judge Amos L. Mazzant, III on 8/16/2024. (jmb) Modified on 8/16/2024 (jmb). (Entered: 08/16/2024)
2024-08-19	179	UNOPPOSED MOTION for Extension of Time to File Supplemental Briefing by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 08/19/2024)
2024-08-20	180	ORDER granting 179 Motion for Extension of Time to File. It is ORDERED that the Government's deadline to submit supplement briefing pursuant to the August 9, 2024 Order (Dkt. # 173 ) is extended to August 28, 2024. Huddleston may submit a response by September 11, 2024. Signed by District Judge Amos L. Mazzant, III on 8/20/2024. (jmb) (Entered: 08/20/2024)
2024-08-28	181	UNOPPOSED MOTION for Extension of Time to File Supplemental Briefing by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 08/28/2024)
2024-09-03	182	ORDER granting 181 Motion for Extension of Time to File. It is therefore ORDERED that Defendants' deadline for additional briefing shall be extended up to and including Friday, September 6, 2024. Signed by District Judge Amos L. Mazzant, III on 9/3/2024. (baf) (Entered: 09/03/2024)
2024-09-06	183	UNOPPOSED MOTION for Extension of Time to File Supplemental Briefing by Federal Bureau of Investigation, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Gillingham, James) (Entered: 09/06/2024)
2024-09-11	184	ORDER granting 183 Motion for Extension of Time to File. It is therefore ORDERED that Defendants' deadline for additional briefing shall be extended up to and including Friday, September 13, 2024. Signed by District Judge Amos L. Mazzant, III on 9/11/2024. (baf) (Entered: 09/11/2024)
2024-09-13	185	RESPONSE to 173 Order,, filed by Federal Bureau of Investigation, U.S. Department of Justice . (Attachments: # 1 Affidavit/Declaration Declaration of Michael G. Seidel, # 2 Affidavit/Declaration Redacted Declaration of David J. Gorman)(Gillingham, James) (Entered: 09/13/2024)
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