Skip to content

Case Detail

[Subscribe to updates]
Case TitleHuddleston v. Federal Bureau of Investigation
DistrictEastern District of Texas
CitySherman
Case Number4:2020cv00447
Date Filed2020-06-01
Date ClosedOpen
JudgeDistrict Judge Amos L. Mazzant, III
PlaintiffBrian Huddleston
Case DescriptionBrian Huddleston submitted a FOIA request to the FBI for records concerning Seth Rich or Aaron Rich. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Huddleston filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [20]
Opinion/Order [25]
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 ยง552(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
Opinion/Order [70]
Opinion/Order [107]
Opinion/Order [136]
Opinion/Order [137]
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
Opinion/Order [174]
Opinion/Order [175]
Opinion/Order [176]
Opinion/Order [177]
Opinion/Order [178]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-011COMPLAINT 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)
2020-06-01Case ASSIGNED to District Judge Amos L. Mazzant, III. (baf, ) (Entered: 06/01/2020)
2020-06-01In 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)
2020-06-012SUMMONS Issued as to Federal Bureau of Investigation. (baf, ) (Entered: 06/01/2020)
2020-07-073AMENDED 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)
2020-07-074SUMMONS Issued as to U.S. Department of Justice (Attn: Office of the Attorney General). (baf, ) (Entered: 07/07/2020)
2020-07-075SUMMONS Issued as to U.S. Department of Justice (Attn: U.S. Attorney for the Eastern District of Texas). (baf, ) (Entered: 07/07/2020)
2020-08-126ANSWER to 3 Amended Complaint by Federal Bureau of Investigation, U.S. Department of Justice.(Parker, Andrea) (Entered: 08/12/2020)
2020-08-13In 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)
2020-09-017ORDER 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)
2020-10-058REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A)(Parker, Andrea) (Entered: 10/05/2020)
2020-10-14The Court hereby CANCELS the 10/22/20 Scheduling Conference. The Court will enter a Scheduling Order. (tls) (Entered: 10/14/2020)
2020-10-229SCHEDULING ORDER. Signed by District Judge Amos L. Mazzant, III on 10/22/2020. (daj, ) (Entered: 10/23/2020)
2020-12-1610MOTION 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)
2020-12-3011RESPONSE 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)
2021-01-05Counsel 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)
2021-01-0612REPLY 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)
2021-01-0713SUR-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)
2021-01-1414Unopposed 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)
2021-01-1415RESPONSE 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)
2021-01-1516ORDER - 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)
2021-01-2017Unopposed 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)
2021-01-2018RESPONSE to 15 Response in Support of Motion filed by Brian Huddleston . (Clevenger, Ty) (Entered: 01/20/2021)
2021-01-2219ORDER - 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)
2021-02-0120MEMORANDUM 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)
2021-04-0821Second 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)
2021-04-1322RESPONSE 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)
2021-04-2023REPLY 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)
2021-04-2624SUR-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)
2021-05-0725MEMORANDUM 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)
2021-06-1426***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)
2021-06-15NOTICE 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)
2021-06-1527Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 06/15/2021)
2021-06-1528Amended 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)
2021-06-1629ORDER - 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)
2021-06-2830RESPONSE 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)
2021-07-0531REPLY 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)
2021-07-0632ORDER. 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)
2021-08-1033Joint 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)
2021-08-1334ORDER 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)
2021-11-0535Unopposed 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)
2021-11-0836ORDER - 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)
2021-12-1537***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)
2021-12-16NOTICE 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)
2021-12-1638Unopposed 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)
2021-12-1639MOTION 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)
2021-12-2040ORDER - 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)
2022-01-0541Unopposed 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)
2022-01-0642ORDER 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)
2022-01-20Counsel 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)
2022-01-2643Unopposed 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)
2022-01-2744ORDER 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)
2022-02-0745Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 02/07/2022)
2022-02-0746RESPONSE 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)
2022-02-0947ORDER - 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)
2022-02-2448Unopposed 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)
2022-02-2549ORDER - 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)
2022-03-3150STATUS REPORT (Joint) by Federal Bureau of Investigation. (Parker, Andrea) (Entered: 03/31/2022)
2022-04-20NOTICE 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)
2022-04-2151ORDER - 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)
2022-04-2552MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Declaration of Ty Clevenger), # 2 Exhibit 2 (Invoice))(Clevenger, Ty) (Entered: 04/25/2022)
2022-05-0253Unopposed 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)
2022-05-0254REPLY 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)
2022-05-0255Opposed 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)
2022-05-0256SEALED 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)
2022-05-0657RESPONSE 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)
2022-05-0758RESPONSE 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)
2022-05-0959RESPONSE 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)
2022-05-1660Unopposed 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)
2022-05-1661Sealed Document. (Clevenger, Ty) (Entered: 05/16/2022)
2022-05-1662REPLY 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)
2022-05-1963ORDER - 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)
2022-05-2164Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 05/21/2022)
2022-05-2165SUR-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)
2022-05-2366SUR-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)
2022-06-0867ORDER - 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)
2022-07-2868ORDER 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)
2022-08-1769ORDER - 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)
2022-09-2970MEMORANDUM OPINION AND ORDER. Signed by District Judge Amos L. Mazzant, III on 9/29/2022. (ch, ) (Entered: 09/29/2022)
2022-10-1271Unopposed MOTION to Stay re 70 Memorandum & Opinion by Federal Bureau of Investigation. (Attachments: # 1 Text of Proposed Order)(Parker, Andrea) (Entered: 10/12/2022)
2022-10-1872ORDER - 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)
2022-10-2773MOTION 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)
2022-11-1076RESPONSE 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)
2022-11-1477MOTION 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)
2022-11-1578STATUS 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)
2022-11-1579Unopposed 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)
2022-11-1780ORDER 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)
2022-11-3081MOTION 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)
2022-12-0982Unopposed 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)
2022-12-0983***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)
2022-12-12NOTICE 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)
2022-12-1284RESPONSE 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)
2022-12-1385ORDER - 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)
2022-12-1686Unopposed 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)
2022-12-1987ORDER - 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)
2022-12-2988Unopposed 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)
2023-01-0589ORDER - 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)
2023-01-0690ORDER - 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)
2023-01-1391MOTION 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)
2023-01-1392REPLY 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)
2023-01-1393SUR-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)
2023-01-1894NOTICE by Brian Huddleston re 91 MOTION re 85 Order on Motion for Leave to File (Clevenger, Ty) (Entered: 01/18/2023)
2023-01-2095NOTICE 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)
2023-02-0296Supplemental 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)
2023-02-0397Unopposed 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)
2023-02-0698RESPONSE 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)
2023-02-0699REPLY 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)
2023-02-07100Unopposed 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)
2023-02-07101ORDER 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)
2023-02-09102ORDER 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)
2023-02-15103RESPONSE 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)
2023-02-21104RESPONSE 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)
2023-02-21105RESPONSE 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)
2023-02-28106RESPONSE to 104 Response in Opposition to Motion,,, 105 Response to Non-Motion,,, filed by Federal Bureau of Investigation . (Parker, Andrea) (Entered: 02/28/2023)
2023-03-06107MEMORANDUM 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)
2023-03-07108Unopposed 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)
2023-03-08109ORDER 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)
2023-03-14110SUR-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)
2023-04-07111MOTION 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)
2023-04-08112Amended 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)
2023-04-08113MOTION 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)
2023-04-10114AMENDED 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)
2023-04-24115Unopposed 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)
2023-04-27116ORDER 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)
2023-05-01117RESPONSE 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)
2023-05-01118RESPONSE 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)
2023-05-03119ORDER 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)
2023-05-07120Unopposed 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)
2023-05-10121ORDER 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)
2023-05-13122Unopposed MOTION to Stay by Brian Huddleston. (Attachments: # 1 Text of Proposed Order)(Clevenger, Ty) (Entered: 05/13/2023)
2023-05-18123ORDER 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)
2023-07-15124Unopposed MOTION to Stay by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 07/15/2023)
2023-07-18125ORDER. 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)
2023-08-18126Unopposed 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)
2023-08-18127***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)
2023-08-21NOTICE 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)
2023-08-21128Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 08/21/2023)
2023-08-21129REPLY 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)
2023-08-21130ORDER 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)
2023-08-22131ORDER 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)
2023-08-25132Unopposed MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 08/25/2023)
2023-08-25133REPLY 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)
2023-08-29134ORDER 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)
2023-09-01135SUR-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)
2023-11-28136MEMORANDUM 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)
2023-11-29137MEMORANDUM 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)
2023-12-11138NOTICE of Attorney Appearance by James Garland Gillingham on behalf of Federal Bureau of Investigation (Gillingham, James) (Entered: 12/11/2023)
2023-12-11139MOTION 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)
2023-12-12140ORDER 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)
2024-01-11141JOINT 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)
2024-01-11142UNOPPOSED 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)
2024-01-12143MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Declaration of Ty Clevenger), # 2 Proposed Order)(Clevenger, Ty) (Entered: 01/12/2024)
2024-01-19144ORDER granting 142 Motion for Clarification. Signed by District Judge Amos L. Mazzant, III on 1/19/2024. (baf, ) (Entered: 01/19/2024)
2024-01-26145RESPONSE 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)
2024-01-29146REPLY 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)
2024-02-05147SUR-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)
2024-02-08148MOTION 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)
2024-02-14149MOTION Seeking Further Information About Ex Parte Filing by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 02/14/2024)
2024-02-28150UNOPPOSED 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)
2024-02-28151RESPONSE 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)
2024-02-29152ORDER 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)
2024-03-04153REPLY 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)
2024-03-07154RESPONSE 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)
2024-03-08155NOTICE 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)
2024-03-14156REPLY 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)
2024-03-21157UNOPPOSED 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)
2024-03-25158ORDER 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)
2024-03-28159UNOPPOSED 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)
2024-04-01160ORDER 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)
2024-04-04161UNOPPOSED MOTION for Leave to File Excess Pages by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 04/04/2024)
2024-04-04162SUR-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)
2024-04-05163ORDER 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)
2024-07-05164MOTION to Substitute Party by Brian Huddleston. (Attachments: # 1 Proposed Order)(Clevenger, Ty) (Entered: 07/05/2024)
2024-07-08165MOTION for Attorney Fees by Brian Huddleston. (Attachments: # 1 Exhibit 1 (Declaration of Ty Clevenger), # 2 Proposed Order)(Clevenger, Ty) (Entered: 07/08/2024)
2024-07-15166ORDER 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)
2024-07-19167UNOPPOSED 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)
2024-07-22168ORDER 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)
2024-07-29169RESPONSE 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)
2024-07-29170RESPONSE 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)
2024-08-05171UNOPPOSED 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)
2024-08-07172ORDER 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)
2024-08-09173ORDER. 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)
2024-08-15174MEMORANDUM 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)
2024-08-15175MEMORANDUM 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)
2024-08-15176AMENDED 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)
2024-08-16177MEMORANDUM 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)
2024-08-16178***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)
2024-08-19179UNOPPOSED 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)
2024-08-20180ORDER 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)
2024-08-28181UNOPPOSED 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)
2024-09-03182ORDER 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)
2024-09-06183UNOPPOSED 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)
2024-09-11184ORDER 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)
2024-09-13185RESPONSE 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)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar