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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF INTERIOR et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00579
Date Filed2021-03-04
Date Closed2024-03-18
JudgeJudge Randolph D. Moss
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED INC.
Case DescriptionBuzzFeed Reporter Jason Leopold submitted a FOIA request to the Department of Interior for records concerning the Trump rally that resulted in storming the U.S. Capitol. Leopold also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Leopold's request for expedited processing. Leopold also submitted a request to the National Park Service for records concerning the Trump rally that resulted in the storming of the Capitol. He also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied Leopold's request for expedited processing. 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

DefendantU.S. DEPARTMENT OF INTERIOR
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantNATIONAL PARK SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-041COMPLAINT against NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR ( Filing fee $ 402 receipt number ADCDC-8277952) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit 1-9, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 03/04/2021)
2021-03-042NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/04/2021)
2021-03-043LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 03/04/2021)
2021-03-04Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 03/04/2021)
2021-03-044SUMMONS (4) Issued Electronically as to NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/04/2021)
2021-03-055STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 3/5/2021. (lcrdm3) (Entered: 03/05/2021)
2021-04-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF INTERIOR served on 3/25/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL PARK SERVICE served on 3/25/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/26/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/25/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-2610ANSWER to Complaint by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR.(Newman, Lisa) (Entered: 04/26/2021)
2021-04-28MINUTE ORDER: It is hereby ORDERED that, on or before June 4, 2021, the parties shall meet, confer, and then file a joint status report addressing (1) any documents still to be produced pursuant to the Freedom of Information Act; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on June 11, 2021, at 2:00 p.m. The parties can obtain a teleconference number and access code from the Deputy Clerk prior to the conference. Signed by Judge Randolph D. Moss on 4/28/2021. (lcrdm3) (Entered: 04/28/2021)
2021-05-0411MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josh Loevy, Filing fee $ 100, receipt number ADCDC-8424449. Fee Status: Fee Paid. by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 05/04/2021)
2021-05-0412DECLARATION CORRECTED by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 05/04/2021)
2021-05-05MINUTE ORDER: Upon consideration of the motion for admission pro hac vice filed on behalf of Josh Lovey, Dkt. 11 , it is hereby ORDERED that the motion is DENIED without prejudice. Under Local Civil Rule 83.2(d), "[a]ny attorney seeking to appear pro hac vice must file a motion signed by a sponsoring member of the Bar of this Court, accompanied by a declaration by the non-member that sets forth," among other things, "the number of times the attorney has been admitted pro hac vice in this Court within the last two years." Here, Mr. Lovey's declaration states that he has "previously been admitted pro hac vice in this Court," Dkt. 12 at 2, but does not specify "the number of times [he] has been admitted," LCvR 83.2(d). Mr. Lovey may renew his motion upon the filing of a declaration that complies with Local Civil Rule 83.2(d). Signed by Judge Randolph D. Moss on 5/5/2021. (lcrdm3) (Entered: 05/05/2021)
2021-05-0613MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josh Loevy, Fee Status: No Fee Paid. by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 05/06/2021)
2021-05-06MINUTE ORDER: Upon consideration of the pending Motion for Admission Pro Hac Vice, Dkt. 13 , it is hereby ORDERED that the Motion is GRANTED. Josh Loevy is hereby GRANTED leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civil Rule 83.6(a). Click for Instructions . Signed by Judge Randolph D. Moss on 5/6/2021. (lcrdm3) (Entered: 05/06/2021)
2021-05-0714NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 05/07/2021)
2021-06-0415Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) (Entered: 06/04/2021)
2021-06-04MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 9, 2021. Signed by Judge Randolph D. Moss on 6/4/2021. (lcrdm3) (Entered: 06/04/2021)
2021-06-0816Joint MOTION to Continue Initial Scheduling Conference by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Attachments: # 1 Text of Proposed Order)(Newman, Lisa) (Entered: 06/08/2021)
2021-06-09MINUTE ORDER: Upon consideration of the parties Joint Motion to Reschedule the Initial Scheduling Conference, Dkt. 16 , it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Initial Scheduling Conference set for June 11, 2021, at 2:00PM is VACATED and RESCHEDULED for June 21, 2021 at 11:30AM. The parties can obtain a teleconference number and access code from the Deputy Clerk prior to the conference. Signed by Judge Randolph D. Moss on 6/9/2021. (lcrdm3) (Entered: 06/09/2021)
2021-06-21Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 6/21/2021. Joint Status Report due by 7/9/2021. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/21/2021)
2021-06-21MINUTE ORDER: Due to the termination of a family trust, Judge Moss's spouse will soon receive a distribution including stock in Comcast Corporation, which has a significant interest in Buzzfeed, Inc. This stock will be sold promptly after it is received to avoid any conflict of interest in this case and any other case. See Advisory Opinion No. 69, Committee on Codes of Conduct, Judicial Conference of the United States ("[D]isqualification is not required if the judge (or the judge's spouse or minor child) divests the interest that provides the grounds for the disqualification." (quoting Canon 3C(4))). If any party to this action would like further information regarding the distribution and disposition of the stock or would like to discuss the matter with the Court, counsel are directed to jointly contact the Deputy Clerk to schedule a telephonic status conference. Signed by Judge Randolph D. Moss on 06/21/2021. (lcrdm1) (Entered: 06/21/2021)
2021-07-0917Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 07/09/2021)
2021-07-28MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 7, 2021. Signed by Judge Randolph D. Moss on 07/28/2021. (lcrdm3) (Entered: 07/28/2021)
2021-08-17MINUTE ORDER: As a follow up to the Court's Order of June 21, 2021, the shares in Comcast Corporation were transferred to Judge Moss's spouse from the trust account on July 27, 2021, and were promptly sold on July 28, 2021. Signed by Judge Randolph D. Moss on 08/17/2021. (lcrdm3) (Entered: 08/17/2021)
2021-09-0718Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 09/07/2021)
2021-09-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 9, 2021. Signed by Judge Randolph D. Moss on 09/07/2021. (lcrdm3) (Entered: 09/07/2021)
2021-11-0919Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 11/09/2021)
2021-11-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall submit a further joint status report on or before January 11, 2022. Signed by Judge Randolph D. Moss on 11/9/2021. (lcrdm3) (Entered: 11/09/2021)
2022-01-1120Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 01/11/2022)
2022-01-12MINUTE ORDER: Upon consideration of the joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall submit a further status report on or before March 10, 2022. Signed by Judge Randolph D. Moss on 1/12/2022. (lcrdm3) (Entered: 01/12/2022)
2022-03-1021Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 03/10/2022)
2022-03-12MINUTE ORDER: Upon consideration of the joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall submit a further status report on or before May 10, 2022. Signed by Judge Randolph D. Moss on 03/12/2022. (lcrdm3) (Entered: 03/12/2022)
2022-05-1022Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 05/10/2022)
2022-05-10MINUTE ORDER: Upon consideration of the joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall submit a further status report on or before July 12, 2022. Signed by Judge Randolph D. Moss on 05/10/2022. (lcrdm3) (Entered: 05/10/2022)
2022-07-1223Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 07/12/2022)
2022-07-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall submit a further joint status report on or before September 10, 2022. Signed by Judge Randolph D. Moss on 07/12/2022. (lcrdm3) (Entered: 07/12/2022)
2022-09-1024Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Newman, Lisa) (Entered: 09/10/2022)
2022-09-12MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 8, 2022, to advise the Court of any outstanding issues with the production of documents and to propose a schedule for briefing, if necessary. Signed by Judge Randolph D. Moss on 09/12/2022. (lcrdm3) (Entered: 09/12/2022)
2022-11-0825NOTICE OF SUBSTITUTION OF COUNSEL by Clifford Lee Reeves, II on behalf of NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR Substituting for attorney Lisa Newman (Reeves, Clifford) (Entered: 11/08/2022)
2022-11-0826Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Reeves, Clifford) (Entered: 11/08/2022)
2022-11-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 9, 2023 to update the Court on the status of the case and to propose a briefing schedule if necessary. Signed by Judge Randolph D. Moss on 11/8/2022. (lcrdm3) (Entered: 11/08/2022)
2023-01-0927Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Reeves, Clifford) (Entered: 01/09/2023)
2023-01-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 9, 2023, updating the Court on the status of the case and proposing a briefing schedule, if necessary. Signed by Judge Randolph D. Moss on 1/9/2023. (lcrdm3) (Entered: 01/09/2023)
2023-02-2128NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/21/2023)
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)
2023-03-0929Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF INTERIOR. (Reeves, Clifford) (Entered: 03/09/2023)
2023-03-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 9, 2023, updating the Court on the status of the case and proposing a briefing schedule, if necessary. Signed by Judge Randolph D. Moss on 3/10/2023. (lcrdm3) (Entered: 03/10/2023)
2023-05-0930Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Reeves, Clifford) (Entered: 05/09/2023)
2023-05-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 12, 2023. Signed by Judge Randolph D. Moss on 5/15/2023. (lcrdm3) (Entered: 05/15/2023)
2023-07-1231Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Reeves, Clifford) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 31 , the parties are hereby ORDERED to file a further joint status report on or before September 13, 2023 to update the Court on the status of the case if it is not voluntarily dismissed before that date. Signed by Judge Randolph D. Moss on 07/13/2023. (lcrdm3) (Entered: 07/13/2023)
2023-09-1332Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Reeves, Clifford) (Entered: 09/13/2023)
2023-09-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 14, 2023. Signed by Judge Randolph D. Moss on 09/15/2023. (lcrdm3) (Entered: 09/15/2023)
2023-11-1433Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Reeves, Clifford) (Entered: 11/14/2023)
2023-11-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 33 , it is hereby ORDERED that the parties shall submit a further joint status report on or before January 16, 2024. Signed by Judge Randolph D. Moss on 11/15/2023. (lcrdm3) (Entered: 11/15/2023)
2024-01-1634Joint STATUS REPORT by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Reeves, Clifford) (Entered: 01/16/2024)
2024-01-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 34 , it is hereby ORDERED that the parties shall submit a further joint status report on or before March 18, 2024. Signed by Judge Randolph D. Moss on 1/17/2024. (lcrdm3) (Entered: 01/17/2024)
2024-03-1835STIPULATION of Dismissal with Prejudice by NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR. (Reeves, Clifford) (Entered: 03/18/2024)
2024-03-18MINUTE ORDER: Pursuant to the parties' stipulation of dismissal, Dkt. 35 , it is hereby ORDERED that the case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 3/18/2024. (lcrdm3) (Entered: 03/18/2024)
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