Skip to content

Case Detail

[Subscribe to updates]
Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00558
Date Filed2021-03-03
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED INC.
Case DescriptionBuzzFeed Reporter Jason Leopold submitted FOIA requests to the Department of Justice for records concerning planning for the Trump Rally that ended with the attendees storming the U.S. Capitol. Leopold also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantConsol Plaintiff
AMERICAN OVERSIGHT
DefendantU.S. DEPARTMENT OF JUSTICE
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [20]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Department of Justice may not consolidate three cases for records concerning the events of the Jan. 6, 2021, attack on the Capitol. The cases were brought by CREW, American Oversight, and BuzzFeed reporter Jason Leopold, all of whom opposed the government's request to consolidate the cases. Mehta agreed with the plaintiffs that consolidation was inappropriate. He noted that "to begin, a comparison of the document-producing agencies reveals the markedly different scope of each case. The [Leopold] case involves a FOIA request directed at 'DOJ and its 38 components.' The other two cases involve agencies in addition to DOJ. The American Oversight action is limited to only two DOJ offices but also includes the Department of Defense, the National Guard Bureau, the U.S. Army, and the U.S. Secret Service. The CREW case involves, in addition to documents requested from DOJ, documents requested from the Department of the Interior, DOI's Park Police, the Department of Homeland Security, the Army, and DOD. Although 'identity of the parties is not a prerequisite' to consolidation, the disparate agencies involved portend disputes regarding searches and withholdings that are likely to be unique to each case." He noted that "outside some minimal overlap, the three cases will involve differently scoped searches across multiple different agencies, sub-agencies, and custodians. That reality inevitably will lead to an assortment of declarants describing varying search protocols and withholdings, should disputes arise. The court sees little efficiency to be gained when only a small sub-set of records is common among the three cases." Mehta observed that "although all three cases are in their early stages, and would benefit from a coordinated approach, consolidation is not necessary to achieve efficiencies. The same defense counsel from Main Justice has entered an appearance in all three cases, thereby ensuring that the government will take a uniform approach to these cases across the various agencies and subcomponents involved."
Issues: Litigation - Jurisdiction
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-031COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8270268) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit 1-8, # 2 Exhibit 9-16, # 3 Exhibit 17-23, # 4 Civil Cover Sheet, # 5 Summons)(Topic, Matthew) (Entered: 03/03/2021)
2021-03-032NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/03/2021)
2021-03-033LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 03/03/2021)
2021-03-03Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 03/03/2021)
2021-03-034SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/03/2021)
2021-04-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/22/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/22/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/22/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-149NOTICE of Appearance by Bradley Thomas Craigmyle on behalf of All Defendants (Craigmyle, Bradley) (Main Document 9 replaced on 4/16/2021) (zeg). (Entered: 04/14/2021)
2021-04-1410ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Craigmyle, Bradley) (Entered: 04/14/2021)
2021-04-1411MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit CREW complaint, # 2 Exhibit American Oversight complaint, # 3 Text of Proposed Order)(Craigmyle, Bradley) (Entered: 04/14/2021)
2021-04-1512ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before April 29, 2021. The Joint Status Report shall include (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/15/2021. (lcapm1) (Entered: 04/15/2021)
2021-04-2813NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Main Document 13 replaced on 4/30/2021) (zeg). (Entered: 04/28/2021)
2021-04-2814Memorandum in opposition to re 11 MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration)(McGrath, Daniel) (Entered: 04/28/2021)
2021-04-2815NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Main Document 15 replaced on 4/30/2021) (zeg). (Entered: 04/28/2021)
2021-04-2816Memorandum in opposition to re 11 MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) filed by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) Modified docket event/text on 4/30/2021 (eg). (Entered: 04/28/2021)
2021-04-2917Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 04/29/2021)
2021-04-2918NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Daniel Alexander McGrath terminated. (McGrath, Daniel) (Entered: 04/29/2021)
2021-04-30MINUTE ORDER. The parties shall file an additional Joint Status Report by June 30, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 4/30/2021. (lcapm1) (Entered: 04/30/2021)
2021-05-0519REPLY to opposition to motion re 11 MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 05/05/2021)
2021-05-2420MEMORANDUM OPINION AND ORDER denying Defendants' 11 Motion to Consolidate Cases. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 5/24/2021. (lcapm1) (Entered: 05/24/2021)
2021-06-3021Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 06/30/2021)
2021-07-01MINUTE ORDER. The parties shall file an additional Joint Status Report by August 30, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/1/2021. (lcapm1) (Entered: 07/01/2021)
2021-08-3022Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 08/30/2021)
2021-08-30MINUTE ORDER. The parties shall file an additional Joint Status Report by October 29, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 8/30/2021. (lcapm1) (Entered: 08/30/2021)
2021-10-2823Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 10/28/2021)
2021-10-29MINUTE ORDER. The parties shall file an additional Joint Status Report by January 12, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/29/2021. (lcapm1) (Entered: 10/29/2021)
2022-01-1224Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 01/12/2022)
2022-01-13MINUTE ORDER. The parties shall file an additional Joint Status Report by March 14, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/13/2022. (lcapm1) (Entered: 01/13/2022)
2022-03-1125NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 03/11/2022)
2022-03-1426NOTICE OF SUBSTITUTION OF COUNSEL by Clifford Lee Reeves, II on behalf of All Defendants Substituting for attorney Bradley Craigmyle (Reeves, Clifford) (Entered: 03/14/2022)
2022-03-1427Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Loevy, Joshua) (Entered: 03/14/2022)
2022-03-14MINUTE ORDER. The parties shall file an additional Joint Status Report by May 16, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/14/2022. (lcapm1) (Entered: 03/14/2022)
2022-05-1628Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 05/16/2022)
2022-05-16MINUTE ORDER. The parties shall file an additional Joint Status Report by July 15, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/16/2022. (lcapm1) (Entered: 05/16/2022)
2022-07-1529Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 07/15/2022)
2022-07-17MINUTE ORDER. The parties shall file an additional Joint Status Report by September 15, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/17/2022. (lcapm1) (Entered: 07/17/2022)
2022-09-1530Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 09/15/2022)
2022-09-16MINUTE ORDER. The parties shall file an additional Joint Status Report by December 15, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/16/2022. (lcapm1) (Entered: 09/16/2022)
2022-12-1531Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 12/15/2022)
2022-12-16MINUTE ORDER. The parties shall file an additional Joint Status Report by February 15, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/16/2022. (lcapm1) (Entered: 12/16/2022)
2023-02-1532Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 02/15/2023)
2023-02-16MINUTE ORDER. The parties shall file an additional Joint Status Report by April 16, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 02/16/2023. (lcapm1) (Entered: 02/16/2023)
2023-02-2233NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/22/2023)
2023-02-22RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-04-1434Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 04/14/2023)
2023-04-17MINUTE ORDER. The parties shall file an additional Joint Status Report by June 15, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 04/17/2023. (lcapm1) (Entered: 04/17/2023)
2023-04-18Set/Reset Deadlines: Joint Status Report due by 6/15/2023. (smc) (Entered: 04/18/2023)
2023-06-1535Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 06/15/2023)
2023-06-16MINUTE ORDER. The parties shall file an additional Joint Status Report by August 15, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/16/2023. (lcapm1) (Entered: 06/16/2023)
2023-08-1536Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 08/15/2023)
2023-08-16MINUTE ORDER. The parties shall file an additional Joint Status Report by October 17, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/16/2023. (lcapm1) (Entered: 08/16/2023)
2023-08-16Set/Reset Deadlines: Status Report due by 10/17/2023 (zjch, ) (Entered: 08/16/2023)
2023-10-1737Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Wayne, Merrick) (Entered: 10/17/2023)
2023-10-18MINUTE ORDER. The parties shall file an additional Joint Status Report on or before January 16, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/18/2023. (lcapm1) (Entered: 10/18/2023)
2024-01-1638Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 01/16/2024)
2024-01-17MINUTE ORDER. The parties shall file an additional Joint Status Report on or before March 19, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 01/17/2024. (lcapm1) (Entered: 01/17/2024)
2024-03-1939Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Wayne, Merrick) (Entered: 03/19/2024)
2024-03-21MINUTE ORDER. The parties shall file an additional Joint Status Report on or before May 21, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 03/21/2024. (lcapm1) (Entered: 03/21/2024)
2024-03-21Set/Reset Deadlines: Joint Status Report due by 5/21/2024. (znbn) (Entered: 03/21/2024)
2024-05-2140Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 05/21/2024)
2024-05-22MINUTE ORDER. The parties shall file an additional Joint Status Report on or before July 23, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/22/2024. (lcapm1) (Entered: 05/22/2024)
2024-05-22Set/Reset Deadlines: Joint Status Report due by 7/23/2024. (smc) (Entered: 05/22/2024)
2024-07-2341Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 07/23/2024)
2024-07-25MINUTE ORDER. The parties shall file an additional Joint Status Report on or before September 24, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/25/2024. (lcapm2) (Entered: 07/25/2024)
2024-07-26Set/Reset Deadlines: Joint Status Report due by 9/24/2024 (zakb) (Entered: 07/26/2024)
2024-09-2442Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 09/24/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar