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Case TitleHERITAGE FOUNDATION et al v. NATIONAL ARCHIVES AND RECORD ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02671
Date Filed2022-09-06
Date ClosedOpen
JudgeJudge Amir H. Ali
PlaintiffHERITAGE FOUNDATION
PlaintiffROMAN JANKOWSKI
TERMINATED: 01/28/2025
Case DescriptionThe Heritage Foundation submitted a FOIA request to the National Archives and Records Administration for records concerning communications between the agency and Bedminster or Mar-a-Lago pertaining to whether records located at former President Donald Trump's residences were subject to the Presidential Records Act. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNATIONAL ARCHIVES AND RECORD ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-061COMPLAINT against NATIONAL ARCHIVES AND RECORD ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9493959) filed by HERITAGE FOUNDATION, Roman Jankowski. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit Exhibit 1, # 6 Exhibit Exhibit 2, # 7 Exhibit Exhibit 3, # 8 Exhibit Exhibit 3-1, # 9 Exhibit Exhibit 3-2, # 10 Exhibit Exhibit 3-3)(Dewey, Samuel) (Entered: 09/06/2022)
2022-09-07Case Assigned to Judge James E. Boasberg. (zcb, ) (Entered: 09/07/2022)
2022-09-072SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORD ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb, ) (Entered: 09/07/2022)
2022-09-213AMENDED COMPLAINT against NATIONAL ARCHIVES AND RECORD ADMINISTRATION filed by HERITAGE FOUNDATION, ROMAN JANKOWSKI. (Attachments: # 1 Exhibit Redline, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Dewey, Samuel) (Entered: 09/21/2022)
2022-10-134NOTICE of Appearance by Kevin Joseph Wynosky on behalf of All Defendants (Wynosky, Kevin) (Entered: 10/13/2022)
2022-10-135ANSWER to 3 Amended Complaint by NATIONAL ARCHIVES AND RECORD ADMINISTRATION.(Wynosky, Kevin) (Entered: 10/13/2022)
2022-10-13MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by October 27, 2022. So ORDERED by Judge James E. Boasberg on 10/13/2022. (lcjeb3) (Entered: 10/13/2022)
2022-10-13Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/27/2022. (nbn) (Entered: 10/13/2022)
2022-10-276Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 10/27/2022)
2022-10-28MINUTE ORDER: Having reviewed the parties' 6 Joint Status Report, the Court agrees with the Government and ORDERS that the parties shall file a further Joint Status Report by January 20, 2023. So ORDERED by Judge James E. Boasberg on 10/28/2022. (lcjeb3) (Entered: 10/28/2022)
2022-10-28Set/Reset Deadlines: Joint Status Report due by 1/20/2023. (nbn) (Entered: 10/28/2022)
2022-11-087NOTICE of Appearance by Roman Jankowski on behalf of HERITAGE FOUNDATION, ROMAN JANKOWSKI (Jankowski, Roman) (Main Document 7 replaced on 11/9/2022) (ztth). (Entered: 11/08/2022)
2023-01-208Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 01/20/2023)
2023-01-20MINUTE ORDER: The Court ADOPTS the parties' 8 Joint Status Report and ORDERS that they shall file a further joint status report by March 21, 2023. So ORDERED by Judge James E. Boasberg on 1/20/2023. (lcjeb3) (Entered: 01/20/2023)
2023-01-20Set/Reset Deadlines: Joint Status Report due by 3/21/2023. (nbn) (Entered: 01/23/2023)
2023-03-219Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 03/21/2023)
2023-03-22MINUTE ORDER: The Court ADOPTS the parties' 9 Joint Status Report and ORDERS that they shall file a further joint status report by April 20, 2023. So ORDERED by Chief Judge James E. Boasberg on 3/22/2023. (lcjeb3) (Entered: 03/22/2023)
2023-03-22Set/Reset Deadlines: Joint Status Report due by 4/20/2023. (nbn) (Entered: 03/22/2023)
2023-04-2010Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER: The Court ADOPTS the parties' 10 Joint Status Report and ORDERS that they shall file a further joint status report by May 22, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/21/2023. (lcjeb3) (Entered: 04/21/2023)
2023-04-21Set/Reset Deadlines: Joint Status Report due by 5/22/2023. (nbn) (Entered: 04/21/2023)
2023-05-2211Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 05/22/2023)
2023-05-23MINUTE ORDER: The Court ADOPTS the parties' 11 Joint Status Report and ORDERS that they shall file a further joint status report by June 21, 2023. So ORDERED by Chief Judge Judge James E. Boasberg on 5/23/2023. (lcjeb3) (Entered: 05/23/2023)
2023-05-23Set/Reset Deadlines: Joint Status Report due by 6/21/2023. (nbn) (Entered: 05/24/2023)
2023-06-2112Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 06/21/2023)
2023-06-22MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by July 21, 2023. So ORDERED by Chief Judge Judge James E. Boasberg on 6/22/2023. (lcjeb3) (Entered: 06/22/2023)
2023-06-22Set/Reset Deadlines: Joint Status Report due by 7/21/2023. (nbn) (Entered: 06/22/2023)
2023-07-2113Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 07/21/2023)
2023-07-21MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by August 23, 2023. So ORDERED by Chief Judge James E. Boasberg on 07/21/2023. (lcjeb3) (Entered: 07/21/2023)
2023-07-21Set/Reset Deadlines: Joint Status Report due by 8/23/2023. (nbn) (Entered: 07/23/2023)
2023-08-2414Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 08/24/2023)
2023-08-24MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by October 5, 2023. So ORDERED by Chief Judge James E. Boasberg on 8/24/2023. (lcjeb4) (Entered: 08/24/2023)
2023-08-24Set/Reset Deadlines: Joint Status Report due by 10/5/2023. (nbn) (Entered: 08/24/2023)
2023-10-0515Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 10/05/2023)
2023-10-05MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by November 2, 2023. So ORDERED by Chief Judge James E. Boasberg on 10/05/2023. (lcjeb3) (Entered: 10/05/2023)
2023-10-05Set/Reset Deadlines: Status Report due by 11/2/2023. (nbn) (Entered: 10/06/2023)
2023-11-0216Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Wynosky, Kevin) (Entered: 11/02/2023)
2023-11-03MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by December 5, 2023. So ORDERED by Chief Judge James E. Boasberg on 11/03/2023. (lcjeb3) (Entered: 11/03/2023)
2023-11-03Set/Reset Deadlines: Joint Status Report due by 12/5/2023. (znbn) (Entered: 11/03/2023)
2023-11-1717NOTICE OF SUBSTITUTION OF COUNSEL by Alexandra Widas on behalf of All Defendants Substituting for attorney Kevin Wynosky (Widas, Alexandra) (Entered: 11/17/2023)
2023-12-0518Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 12/05/2023)
2023-12-06MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by January 5, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/06/2023. (lcjeb3) (Entered: 12/06/2023)
2023-12-06Set/Reset Deadlines: Joint Status Report due by 1/5/2024. (znbn) (Entered: 12/06/2023)
2024-01-0519Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 01/05/2024)
2024-01-05MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by February 7, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/5/2024. (lcjeb3) (Entered: 01/05/2024)
2024-01-05Set/Reset Deadlines: Joint Status Report due by 2/7/2024. (znbn) (Entered: 01/08/2024)
2024-02-0720Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 02/07/2024)
2024-02-07MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by March 11, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/7/2024. (lcjeb3) (Entered: 02/07/2024)
2024-02-07Set/Reset Deadlines: Joint Status Report due by 3/11/2024 (lsj) (Entered: 02/07/2024)
2024-03-1121Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 03/11/2024)
2024-03-12MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file a further joint status report by April 10, 2024. So ORDERED by Chief Judge James E. Boasberg on 3/12/2024. (lcjeb3) (Entered: 03/12/2024)
2024-03-12Set/Reset Deadlines: Joint Status Report due by 4/10/2024. (znbn) (Entered: 03/12/2024)
2024-04-1022Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 04/10/2024)
2024-04-10MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by May 10, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/10/2024. (lcjeb3) (Entered: 04/10/2024)
2024-04-10Set/Reset Deadlines: Joint Status Report due by 5/10/2024. (znbn) (Entered: 04/10/2024)
2024-05-1023Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 05/10/2024)
2024-05-10MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further joint status report by July 9, 2024. So ORDERED by Chief Judge James E. Boasberg on 5/10/2024. (lcjeb3) (Entered: 05/10/2024)
2024-05-10Set/Reset Deadlines: Joint Status Report due by 7/9/2024. (znbn) (Entered: 05/10/2024)
2024-07-0924Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 07/09/2024)
2024-07-09MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further joint status report by September 9, 2024. So ORDERED by Chief Judge James E. Boasberg on July 9, 2024. (lcjeb4) Modified to amend due date on 7/9/2024 (znbn). (Entered: 07/09/2024)
2024-07-09ENTERED IN ERROR.....Set/Reset Deadlines: Joint Status Report due by 9/7/2024. (znbn) Modified on 7/9/2024 (znbn). (Entered: 07/09/2024)
2024-07-09Set/Reset Deadlines: Joint Status Report due by 9/9/2024.(znbn) (Entered: 07/09/2024)
2024-07-10Set/Reset Deadlines: Joint Status Report due by 9/9/2024. (znbn) (Entered: 07/10/2024)
2024-09-0525Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 09/05/2024)
2024-09-05MINUTE ORDER: The Court ADOPTS the parties' 25 Joint Status Report and ORDERS that they shall file a further joint status report by November 8, 2024. So ORDERED by Chief Judge James E. Boasberg on September 5, 2024. (lcjeb3) (Entered: 09/05/2024)
2024-09-05Set/Reset Deadlines: Joint Status Report due by 11/8/2024. (znbn) (Entered: 09/05/2024)
2024-11-0826Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 11/08/2024)
2024-11-08MINUTE ORDER: The Court ADOPTS the parties' 26 Joint Status Report and ORDERS that they shall file a further joint status report by January 7, 2025. So ORDERED by Chief Judge James E. Boasberg on November 8, 2024. (lcjeb3) (Entered: 11/08/2024)
2024-11-27Case directly reassigned to Judge Amir H. Ali. Chief Judge James E. Boasberg is no longer assigned to the case. (ztnr) (Entered: 11/27/2024)
2024-12-0327NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 27 replaced on 12/4/2024) (mg). (Entered: 12/03/2024)
2025-01-0628Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 01/06/2025)
2025-01-06MINUTE ORDER: The Court is in receipt of the parties' January 6, 2025, joint status report. The parties shall file their next joint status report by March 10, 2025. Signed by Judge Amir H. Ali on 1/6/2025. (lcaha1) (Entered: 01/06/2025)
2025-01-1529NOTICE OF WITHDRAWAL OF APPEARANCE as to HERITAGE FOUNDATION, ROMAN JANKOWSKI. Attorney Roman Jankowski terminated. (Jankowski, Roman) (Entered: 01/15/2025)
2025-01-2830STIPULATION of Dismissal by ROMAN JANKOWSKI. (Dewey, Samuel) (Entered: 01/28/2025)
2025-02-11MINUTE ORDER. This Freedom of Information Act matter has now been pending for 889 days. The parties' last twelve status reports, dating back to October 2023, have stated that Defendant "has required additional clarification in order to continue processing records responsive" to part of Plaintiff's FOIA request and that throughout this time Defendant has been prepared to "resume processing records potentially responsive to this portion of the request once additional clarification is provided." For nearly a year, the parties' joint status reports have stated that "plaintiffs have not provided the additional clarification that NARA requires, despite multiple requests." The parties' next status report shall explain why Plaintiff has not been responsive to date; confirm whether Plaintiff has now provided, and Defendant has received, the requested clarification; state whether the parties believe additional review or productions are needed and, if so, the timeline for completion. The past several status reports also indicate that Defendant has started and now completed a re-review of withholdings in response to Plaintiff's FOIA request, and that Defendant anticipates producing 500 pages each month until all re-reviewed pages are released. The parties' next status report shall state the total number of pages remaining to be produced and provide a timeline for completion of production. The parties' next status report shall also state whether there are any outstanding productions beyond the two referenced above. If so, the parties shall describe the outstanding requests and provide the total number of pages remaining to be produced and an estimated timeline for completion of production. Signed by Judge Amir H. Ali on 2/11/2025. (lcaha1) (Entered: 02/11/2025)
2025-03-1031Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORD ADMINISTRATION. (Widas, Alexandra) (Entered: 03/10/2025)
2025-03-1032NOTICE OF SUBSTITUTION OF COUNSEL by Cynthia Liao on behalf of NATIONAL ARCHIVES AND RECORD ADMINISTRATION Substituting for attorney Alexandra Widas (Liao, Cynthia) (Entered: 03/10/2025)
2025-03-13MINUTE ORDER. The Court is in receipt of the parties' 31 joint status report. The parties shall file their next joint status report by May 9, 2025. Signed by Judge Amir H. Ali on 3/13/2025. (lcaha1) (Entered: 03/13/2025)
2025-04-1433NOTICE OF SUBSTITUTION OF COUNSEL by Garry Daniel Hartlieb on behalf of NATIONAL ARCHIVES AND RECORD ADMINISTRATION Substituting for attorney Cynthia Liao (Hartlieb, Garry) (Entered: 04/14/2025)
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