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Case TitleFIRST LOOK MEDIA WORKS, INC. et al v. U.S. AGENCY FOR GLOBAL MEDIA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03499
Date Filed2020-12-01
Date Closed2024-09-23
JudgeJudge Timothy J. Kelly
PlaintiffFIRST LOOK MEDIA WORKS, INC.
TERMINATED: 01/07/2021
PlaintiffLEE FANG
PlaintiffFIRST LOOK INSTITUTE, INC.
Case DescriptionLee Fang, a reporter for The Intercept, submitted a FOIA request to U.S. Agency for Global Media for records concerning the politicization of the agency by its recently appointed director, Michael Pack. Fang also requested expedited processing and a fee waiver. The agency acknowledged receipt the request but after hearing nothing further from the agency, First Look Media Works and Fang filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. AGENCY FOR GLOBAL MEDIA
AppealD.C. Circuit 24-5257
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-011COMPLAINT against U.S. AGENCY FOR GLOBAL MEDIA ( Filing fee $ 402 receipt number ADCDC-7901719) filed by FIRST LOOK MEDIA WORKS, INC., LEE FANG. (Attachments: # 1 Exhibit A to Complaint, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Braverman, Burt) (Attachment 2 replaced on 12/16/2020) (adh, ). (Entered: 12/01/2020)
2020-12-02Case Assigned to Judge Timothy J. Kelly. (adh, ) (Entered: 12/02/2020)
2020-12-022SUMMONS (3) Issued Electronically as to U.S. AGENCY FOR GLOBAL MEDIA, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/02/2020)
2020-12-163RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/08/2020. (Braverman, Burt) (Entered: 12/16/2020)
2020-12-164RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/1/2021. (Braverman, Burt); Modified text and date of service on 12/17/2020 (ztth). (Entered: 12/16/2020)
2020-12-285NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 12/28/2020)
2020-12-316ANSWER to Complaint by U.S. AGENCY FOR GLOBAL MEDIA.(Molen, Kathleene) (Entered: 12/31/2020)
2021-01-057Consent MOTION to Amend/Correct Complaint by LEE FANG, FIRST LOOK MEDIA WORKS, INC. (Attachments: # 1 Declaration of David S. Bralow, # 2 Exhibit A to Bralow Declaration, # 3 Amended Complaint, # 4 Amended Complaint (redlined), # 5 Text of Proposed Order)(Braverman, Burt) (Entered: 01/05/2021)
2021-01-07MINUTE ORDER granting Plaintiffs' Consent 7 Motion to Amend Complaint as a Matter of Course. It is hereby ORDERED that the 7 Motion is granted and the Clerk of Court is directed to file on the docket the Plaintiffs Amended Complaint, ECF No. 7-3. Signed by Judge Timothy J. Kelly on 1/7/2021. (lctjk2) (Entered: 01/07/2021)
2021-01-078AMENDED COMPLAINT against U.S. AGENCY FOR GLOBAL MEDIA filed by LEE FANG, FIRST LOOK INSTITUTE, INC. (ztth); Modified text on 1/8/2021 (ztth). (Entered: 01/07/2021)
2021-01-139Amended ANSWER to 8 Amended Complaint by U.S. AGENCY FOR GLOBAL MEDIA.(Molen, Kathleene) (Entered: 01/13/2021)
2021-01-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by February 20, 2021. Signed by Judge Timothy J. Kelly on 1/14/2021. (lctjk2) (Entered: 01/14/2021)
2021-01-15Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 2/20/2021. (zkh) (Entered: 01/15/2021)
2021-01-1510LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FIRST LOOK INSTITUTE, INC. (Braverman, Burt) (Entered: 01/15/2021)
2021-01-2111MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-8105468. Fee Status: Fee Paid. by LEE FANG, FIRST LOOK INSTITUTE, INC.. (Attachments: # 1 Declaration of Thomas R. Burke, # 2 Text of Proposed Order)(Braverman, Burt) (Entered: 01/21/2021)
2021-01-2612Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Attachments: # 1 Text of Proposed Order Defendant, # 2 Text of Proposed Order Plaintiff)(Molen, Kathleene) (Entered: 01/26/2021)
2021-01-28MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. Attorney Thomas R. Burke is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Furthermore, upon consideration of the parties' 12 Joint Status Report, it is further ORDERED that the parties shall file a f urther joint status report by February 27, 2021. Signed by Judge Timothy J. Kelly on 1/28/21. (lctjk2) (Entered: 01/28/2021)
2021-02-0213NOTICE of Appearance by Meenakshi Krishnan on behalf of LEE FANG, FIRST LOOK INSTITUTE, INC. (Krishnan, Meenakshi) (Entered: 02/02/2021)
2021-02-2614Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 02/26/2021)
2021-03-02MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file a further joint status report by April 1, 2021. Signed by Judge Timothy J. Kelly on 3/2/21. (lctjk2) (Entered: 03/02/2021)
2021-04-0115Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 04/01/2021)
2021-04-12MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than May 1, 2021. Signed by Judge Timothy J. Kelly on 4/12/21. (lctjk2) (Entered: 04/12/2021)
2021-04-3016Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 04/30/2021)
2021-05-03MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than June 1, 2021. Signed by Judge Timothy J. Kelly on 5/3/21. (lctjk2) (Entered: 05/03/2021)
2021-06-0117Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 06/01/2021)
2021-06-07MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than June 30, 2021. Signed by Judge Timothy J. Kelly on 6/7/21. (lctjk2) (Entered: 06/07/2021)
2021-06-3018Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 06/30/2021)
2021-07-01MINUTE ORDER: Upon consideration of the parties' 18 status report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, no later than July 30, 2021. Signed by Judge Timothy J. Kelly on 7/1/21. (lctjk2) (Entered: 07/01/2021)
2021-07-3019Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 07/30/2021)
2021-08-3120Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 08/31/2021)
2021-09-01MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 30, 2021. Signed by Judge Timothy J. Kelly on 9/1/21. (lctjk2) (Entered: 09/01/2021)
2021-09-3021Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 09/30/2021)
2021-10-04MINUTE ORDER: Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by October 29, 2021. Signed by Judge Timothy J. Kelly on 10/04/2021. (lctjk2) Modified to link document on 10/4/2021 (zkh). (Entered: 10/04/2021)
2021-10-1522Joint STATUS REPORT (Corrected) by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 10/15/2021)
2021-10-2923Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Molen, Kathleene) (Entered: 10/29/2021)
2021-11-01MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 3, 2021. Signed by Judge Timothy J. Kelly on 11/01/2021. (lctjk2) (Entered: 11/01/2021)
2021-11-0424NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez-Horowitz on behalf of U.S. AGENCY FOR GLOBAL MEDIA Substituting for attorney Kathleene Molen (Gonzalez-Horowitz, Brenda) (Entered: 11/04/2021)
2021-12-0225Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Gonzalez-Horowitz, Brenda) (Entered: 12/02/2021)
2021-12-06MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 7, 2022. Signed by Judge Timothy J. Kelly on 12/06/2021. (lctjk2) (Entered: 12/06/2021)
2022-01-0726Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Gonzalez-Horowitz, Brenda) (Entered: 01/07/2022)
2022-01-10VACATED PURSUANT TO MINUTE ORDER FILED 2/23/2022..... MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 7, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 01/10/2022. (lctjk2) Modified to vacate order on 2/23/2022 (zkh). (Entered: 01/10/2022)
2022-02-2227NOTICE of Appearance by Douglas C. Dreier on behalf of U.S. AGENCY FOR GLOBAL MEDIA (Dreier, Douglas) (Entered: 02/22/2022)
2022-02-2228Consent MOTION for Extension of Time to File a Joint Status Report by U.S. AGENCY FOR GLOBAL MEDIA. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/22/2022)
2022-02-23MINUTE ORDER granting 28 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that the 28 Consent Motion is GRANTED. It is further ORDERED that the parties shall file a further joint status report by May 4, 2022, including, if necessary, a proposed briefing schedule. It is further ORDERED that the Court's Minute Order of January 10, 2022, is VACATED. Signed by Judge Timothy J. Kelly on 02/23/2022. (lctjk2) (Entered: 02/23/2022)
2022-05-0229NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. AGENCY FOR GLOBAL MEDIA. Attorney Douglas C. Dreier terminated. (Dreier, Douglas) (Entered: 05/02/2022)
2022-05-0430Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Gonzalez-Horowitz, Brenda) (Entered: 05/04/2022)
2022-05-05MINUTE ORDER: Upon consideration of the parties' 30 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by July 6, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 05/05/2022. (lctjk2) (Entered: 05/05/2022)
2022-07-0631Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Gonzalez Horowitz, Brenda) (Entered: 07/06/2022)
2022-07-07MINUTE ORDER: Upon consideration of the parties' 31 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 6, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 07/07/2022. (lctjk2) (Entered: 07/07/2022)
2022-09-0632Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Gonzalez Horowitz, Brenda) (Entered: 09/06/2022)
2022-09-08MINUTE ORDER: Upon consideration of the parties' 32 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 8, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 09/08/2022. (lctjk2) (Entered: 09/08/2022)
2022-10-3133NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of U.S. AGENCY FOR GLOBAL MEDIA Substituting for attorney Brenda Gonzlez Horowitz (Escher, Sam) (Entered: 10/31/2022)
2022-11-0834Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 11/08/2022)
2022-11-09MINUTE ORDER: Upon consideration of the parties' 34 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 9, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 11/9/2022. (lctjk2) (Entered: 11/09/2022)
2023-01-0935Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 01/09/2023)
2023-01-11MINUTE ORDER: Upon consideration of the parties' 35 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 10, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 1/11/2023. (lctjk2) (Entered: 01/11/2023)
2023-03-1036Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 03/10/2023)
2023-03-13MINUTE ORDER: Upon consideration of the parties' 36 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 9, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 3/13/2023. (lctjk2) (Entered: 03/13/2023)
2023-05-0837Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 05/08/2023)
2023-05-10MINUTE ORDER: Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by August 9, 2023. Signed by Judge Timothy J. Kelly on 5/10/2023. (lctjk2) (Entered: 05/10/2023)
2023-08-0938Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 08/09/2023)
2023-08-10MINUTE ORDER: Upon consideration of the parties' 38 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by September 8, 2023, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 8/10/2023. (lctjk2) (Entered: 08/10/2023)
2023-09-0739Joint STATUS REPORT by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 09/07/2023)
2023-09-08MINUTE ORDER: Upon consideration of the parties' 39 Joint Status Report, it is hereby ORDERED that the following schedule shall govern briefing in this case: Plaintiffs shall file any motion for attorneys' fees and costs by October 13, 2023; Defendant shall file any opposition by December 14, 2023; and Plaintiffs shall file any reply by January 12, 2024. Signed by Judge Timothy J. Kelly on 9/8/2023. (lctjk2) (Entered: 09/08/2023)
2023-10-1340MOTION for Attorney Fees by FIRST LOOK MEDIA WORKS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Burt Braverman, # 3 Exhibit A to Braverman Declaration, # 4 Declaration of David Bralow, # 5 Declaration of Thomas Susman, # 6 Exhibit A to Susman Declaration, # 7 Declaration of Brian Fanning, # 8 Text of Proposed Order)(Krishnan, Meenakshi) (Entered: 10/13/2023)
2023-12-1441RESPONSE re 40 MOTION for Attorney Fees filed by U.S. AGENCY FOR GLOBAL MEDIA. (Attachments: # 1 Declaration of James McLaren, # 2 Emails 01, # 3 Emails 02, # 4 Joint Status Report - Silva v. USA, # 5 Internet Searches - The Intercept, # 6 Proof of Payment - 7 Settelments - Davis Wright Tremaine, # 7 Text of Proposed Order)(Escher, Sam) (Entered: 12/14/2023)
2024-01-1242REPLY to opposition to motion re 40 MOTION for Attorney Fees filed by LEE FANG, FIRST LOOK INSTITUTE, INC.. (Attachments: # 1 Supplemental Declaration of Burt Braverman, # 2 Supplemental Declaration of David Bralow)(Braverman, Burt) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER: It is hereby ORDERED that Plaintiff's 40 Motion for Attorney's Fees and Costs shall be referred to a Magistrate Judge, to be assigned at random by the Clerk's Office, for a report and recommendation under Local Rule 72.3(a)(7). Signed by Judge Timothy J. Kelly on 1/16/2024. (lctjk2) (Entered: 01/16/2024)
2024-01-16CASE RANDOMLY REFERRED to Magistrate Judge Moxila A. Upadhyaya for 40 Motion for Attorney's Fees and Costs. (zsl) (Entered: 01/19/2024)
2024-07-1243MOTION for Leave to File Supplement to Motion for Award of Fees and Costs by LEE FANG, FIRST LOOK INSTITUTE, INC.. (Braverman, Burt) (Entered: 07/12/2024)
2024-07-2444RESPONSE re 43 MOTION for Leave to File Supplement to Motion for Award of Fees and Costs filed by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 07/24/2024)
2024-07-3045REPLY re 44 Response to motion to Supplement Motion for Attorneys' Fees and Costs filed by LEE FANG, FIRST LOOK INSTITUTE, INC.. (Braverman, Burt) (Entered: 07/30/2024)
2024-08-08MINUTE ORDER. It is hereby ORDERED that Plaintiffs' 43 Motion for Leave to File Supplement to Plaintiffs' 40 Motion for Attorneys' Fees and Costs is GRANTED. The Court deems the Supplement attached to Plaintiffs' 43 Motion for Leave as filed. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on August 8, 2024. (lcts) (Entered: 08/08/2024)
2024-08-0946REPORT AND RECOMMENDATION. Signed by Magistrate Judge Moxila A. Upadhyaya on August 9, 2024. (lcts) (Entered: 08/09/2024)
2024-08-2347OBJECTION to 46 Report and Recommendations filed by LEE FANG, FIRST LOOK INSTITUTE, INC.. (Braverman, Burt) (Entered: 08/23/2024)
2024-09-0348RESPONSE re 47 Objection to Report and Recommendations filed by U.S. AGENCY FOR GLOBAL MEDIA. (Escher, Sam) (Entered: 09/03/2024)
2024-09-1049REPLY re 47 Objection to Report and Recommendations filed by LEE FANG, FIRST LOOK INSTITUTE, INC.. (Attachments: # 1 Declaration of Burt Braverman)(Braverman, Burt) (Entered: 09/10/2024)
2024-09-2350ORDER overruling Plaintiffs' 47 Objections to the Magistrate Judge's Report and Recommendation, adopting the 46 Report and Recommendation, and denying Plaintiffs' 40 Motion for an Award of Attorneys' Fees and Costs. Signed by Judge Timothy J. Kelly on 9/23/2024. (lctjk2) (Entered: 09/23/2024)
2024-09-2351MEMORANDUM OPINION in support of the Court's 50 Order overruling Plaintiffs' 47 Objections to the Magistrate Judge's Report and Recommendation, adopting the 46 Report and Recommendation, and denying Plaintiffs' 40 Motion for an Award of Attorneys' Fees and Costs. Signed by Judge Timothy J. Kelly on 9/23/2024. (lctjk2) (Entered: 09/23/2024)
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