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Case TitleHERITAGE FOUNDATION et al v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02688
Date Filed2022-09-07
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications external to the U.S. government relating to the search of former President Donald Trump's Mar-a-Lago residence to retrieve records falling within the scope of the Presidential Records Act. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Expedited processing, Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-071COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9495819) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 1-1, # 8 Exhibit 2-1, # 9 Exhibit 2-2)(Dewey, Samuel) (Entered: 09/07/2022)
2022-09-09Case Assigned to Judge James E. Boasberg. (zcb, ) (Entered: 09/09/2022)
2022-09-092SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb, ) (Entered: 09/09/2022)
2022-09-09NOTICE OF ERROR re 2 Summons Issued Electronically as to AUSA; emailed to charles_briggs@dcd.uscourts.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zcb, ) (Entered: 09/09/2022)
2022-09-123REQUEST FOR SUMMONS TO ISSUE re Notice of QC- New Case,, filed by HERITAGE FOUNDATION, MIKE HOWELL. Related document: Notice of QC- New Case,,.(Dewey, Samuel) (Entered: 09/12/2022)
2022-09-134SUMMONS (1) Issued Electronically as to DEPARTMENT OF JUSTICE. (ztth) (Entered: 09/13/2022)
2022-09-215AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Redline, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit Appendix A, # 5 Exhibit Appendix B, # 6 Exhibit Appendix C)(Dewey, Samuel) (Entered: 09/21/2022)
2022-09-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/16/2022. (Attachments: # 1 Exhibit 1)(Jankowski, Roman) (Entered: 09/23/2022)
2022-09-237NOTICE of Appearance by Roman Jankowski on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Jankowski, Roman) (Entered: 09/23/2022)
2022-09-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/16/2022. (Attachments: # 1 Exhibit 1)(Jankowski, Roman) (Entered: 09/23/2022)
2022-09-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed Upon DEPARTMENT OF JUSTICE on 9/16/2022. (Attachment: # 1 Errata 1)(Jankowski, Roman); Modified text on 9/26/2022 (ztth). (Entered: 09/23/2022)
2022-09-2610STRICKEN PURSUANT TO THE MINUTE ORDER FILED ON 9/27/2022..... MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Dewey, Samuel) Modified on 9/27/2022 (znbn). (Entered: 09/26/2022)
2022-09-27MINUTE ORDER: The Court ORDERS that Plaintiffs' [10-1] Memorandum is STRICKEN for violating the Court's Local Rule on excessive footnotes. Plaintiffs may refile a brief containing no more than 10 footnotes with no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 9/27/2022. (lcjeb2) (Entered: 09/27/2022)
2022-09-2711WITHDRAWN PURSUANT TO NOTICE FILED ON 10/3/2022..... MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Samuel E Dewey, # 4 Exhibit Dewey Decl. Ex. 1, # 5 Exhibit Dewey Decl. Ex. 2, # 6 Exhibit Dewey Decl. Ex. 3, # 7 Exhibit Dewey Decl. Ex. 4, # 8 Exhibit Dewey Decl. Ex. 5, # 9 Exhibit Dewey Decl. Ex. 6)(Dewey, Samuel) Modified on 10/4/2022 (ztth). (Entered: 09/27/2022)
2022-09-2712NOTICE of Appearance by Julia Alexandra Heiman on behalf of US DEPT OF JUSTICE (Heiman, Julia) (Entered: 09/27/2022)
2022-09-29MINUTE ORDER: The Court ORDERS that: 1) Defendant shall file its Opposition to Plaintiffs' 11 Motion for Preliminary Injunction by October 11, 2022, at 11:00 a.m.; 2) Plaintiffs shall file a Reply in Support of their Motion by October 13, 2022, at 12:00 p.m.; and 3) A hearing on Plaintiffs' Motion is set for October 14, 2022, at 11:30 a.m. So ORDERED by Judge James E. Boasberg on 9/29/2022. (lcjeb2) (Entered: 09/29/2022)
2022-09-29Set/Reset Deadlines/Hearings: Responses due by 10/11/2022. Replies due by 10/13/2022. Motion Hearing set for 10/14/2022 at 11:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/30/2022)
2022-10-03NOTICE OF COURTROOM TIME CHANGE Motion Hearing set for 10/14/2022 at 11:45 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 10/03/2022)
2022-10-0313NOTICE OF WITHDRAWAL OF MOTION by HERITAGE FOUNDATION, MIKE HOWELL re 11 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Dewey, Samuel) (Entered: 10/03/2022)
2022-10-04MINUTE ORDER: Given Plaintiff's 13 Notice of Withdrawal, the Court ORDERS that the hearing set for October 14, 2022, is VACATED. So ORDERED by Judge James E. Boasberg on 10/4/2022. (lcjeb2) (Entered: 10/04/2022)
2022-10-1714ANSWER to 5 Amended Complaint, by US DEPT OF JUSTICE.(Heiman, Julia) (Entered: 10/17/2022)
2022-10-18MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by October 31, 2022. So ORDERED by Judge James E. Boasberg on 10/18/2022. (lcjeb2) (Entered: 10/18/2022)
2022-10-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/31/2022. (nbn) (Entered: 10/18/2022)
2022-10-2815Joint MOTION to Continue Deadline to Submit Briefing Schedule by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 10/28/2022)
2022-10-31MINUTE ORDER: The Court ORDERS that: 1) The Joint 15 Motion to Continue Deadline to Submit Briefing Schedule is GRANTED; and 2) The parties shall submit a status report updating the Court on their efforts to reach an agreement as to the scope of the Defendant's search by December 1, 2022. So ORDERED by Judge James E. Boasberg on 10/31/2022. (lcjeb2) (Entered: 10/31/2022)
2022-10-31Set/Reset Deadlines: Status Report due by 12/1/2022. (nbn) (Entered: 10/31/2022)
2022-11-0816NOTICE of Appearance by Roman Jankowski on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Jankowski, Roman) (Entered: 11/08/2022)
2022-12-0117Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 12/01/2022)
2022-12-02MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by January 6, 2023. So ORDERED by Judge James E. Boasberg on 12/2/2022. (lcjeb2) Modified to correct year on 12/2/2022 (nbn). (Entered: 12/02/2022)
2022-12-02Set/Reset Deadlines: Joint Status Report due by 1/6/2023. (znbn) (Entered: 12/02/2022)
2023-01-0618Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 01/06/2023)
2023-01-09MINUTE ORDER: The Court ADOPTS the parties' 18 Joint Status Report and ORDERS that they shall file a further joint status report by February 6, 2023. So ORDERED by Judge James E. Boasberg on 1/9/2023. (lcjeb3) (Entered: 01/09/2023)
2023-01-09Set/Reset Deadlines: Joint Status Report due by 2/6/2023. (nbn) (Entered: 01/09/2023)
2023-02-0619Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 02/06/2023)
2023-02-07MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report by March 7, 2023. So ORDERED by Judge James E. Boasberg on 2/7/2023. (lcjeb2) (Entered: 02/07/2023)
2023-02-07Set/Reset Deadlines: Joint Status Report due by 3/7/2023. (nbn) (Entered: 02/07/2023)
2023-03-0720Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 03/07/2023)
2023-03-08MINUTE ORDER: The Court ADOPTS the parties' 20 Joint Status Report and ORDERS that they shall file a further joint status report by April 7, 2023. So ORDERED by Judge James E. Boasberg on 3/8/2023. (lcjeb2) (Entered: 03/08/2023)
2023-03-08Set/Reset Deadlines: Joint Status Report due by 4/7/2023. (nbn) (Entered: 03/09/2023)
2023-04-0721Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 04/07/2023)
2023-04-10MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file a further joint status report by May 8, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/10/23. (lcjeb4) (Entered: 04/10/2023)
2023-04-10Set/Reset Deadlines: Joint Status Report due by 5/8/2023. (nbn) (Entered: 04/10/2023)
2023-05-0822Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 05/08/2023)
2023-05-09MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by June 13, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/9/2023. (lcjeb4) (Entered: 05/09/2023)
2023-05-09Set/Reset Deadlines: Joint Status Report due by 6/13/2023. (nbn) (Entered: 05/09/2023)
2023-06-1323Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 06/13/2023)
2023-06-14MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further joint status report by July 13, 2023. So ORDERED by Chief Judge James E. Boasberg on 6/14/2023. (lcjeb4) (Entered: 06/14/2023)
2023-06-14Set/Reset Deadlines: Joint Status Report due by 7/13/2023. (nbn) (Entered: 06/15/2023)
2023-07-1324Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 07/13/2023)
2023-07-14MINUTE ORDER: The Court ADOPTS the parties' 24 Joint Status Report and ORDERS that they shall file a further joint status report by August 14, 2023. So ORDERED by Chief Judge James E. Boasberg on 7/14/2023. (lcjeb1) (Entered: 07/14/2023)
2023-07-14Set/Reset Deadlines: Joint Status Report due by 8/14/2023. (nbn) (Entered: 07/14/2023)
2023-08-1425Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 08/14/2023)
2023-08-14MINUTE ORDER: The Court ADOPTS the parties' 25 Joint Status Report and ORDERS that they shall file a further joint status report by September 14, 2023. So ORDERED by Chief Judge James E. Boasberg on 8/14/2023. (lcjeb4) (Entered: 08/14/2023)
2023-08-14Set/Reset Deadlines: Joint Status Report due by 9/14/2023. (nbn) (Entered: 08/15/2023)
2023-09-1426Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 09/14/2023)
2023-09-15MINUTE ORDER: The Court ADOPTS the parties' 26 Joint Status Report and ORDERS that they shall file a further joint status report by October 16, 2023. So ORDERED by Chief Judge James E. Boasberg on 9/15/2023. (lcjeb4) (Entered: 09/15/2023)
2023-09-15Set/Reset Deadlines: Joint Status Report due by 10/16/2023 (lsj) (Entered: 09/15/2023)
2023-10-1627Joint STATUS REPORT by US DEPT OF JUSTICE. (Heiman, Julia) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER: The Court ADOPTS the parties' 27 Joint Status Report and ORDERS that they shall file a further joint status report by November 16, 2023. So ORDERED by Chief Judge James E. Boasberg on 10/17/2023. (lcjeb4) (Entered: 10/17/2023)
2023-10-17Set/Reset Deadlines: Joint Status Report due by 11/16/2023. (znbn) (Entered: 10/17/2023)
2023-11-1628Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 11/16/2023)
2023-11-17MINUTE ORDER: The Court ADOPTS the parties' 28 Joint Status Report and ORDERS that they shall file a further joint status report by December 18, 2023. So ORDERED by Chief Judge James E. Boasberg on 11/17/2023. (lcjeb4) (Entered: 11/17/2023)
2023-11-17Set/Reset Deadlines: Joint Status Report due by 12/18/2023. (znbn) (Entered: 11/17/2023)
2023-12-1829Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 12/18/2023)
2023-12-19MINUTE ORDER: The Court ADOPTS the parties' 29 Joint Status Report and ORDERS that they shall file a further joint status report by January 18, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/19/2023. (lcjeb4) (Entered: 12/19/2023)
2023-12-19Set/Reset Deadlines: Joint Status Report due by 1/18/2024. (znbn) (Entered: 12/19/2023)
2024-01-1830Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 01/18/2024)
2024-01-19MINUTE ORDER: The Court ADOPTS the parties' 30 Joint Status Report and ORDERS that they shall file a further joint status report by February 19, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/19/2024. (lcjeb4) (Entered: 01/19/2024)
2024-01-19Set/Reset Deadlines: Joint Status Report due by 2/19/2024. (znbn) (Entered: 01/19/2024)
2024-02-2031Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 02/20/2024)
2024-02-21MINUTE ORDER: The Court ADOPTS the parties' 31 Joint Status Report and ORDERS that they shall file a further joint status report by March 20, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/21/2024. (lcjeb4) (Entered: 02/21/2024)
2024-02-21Set/Reset Deadlines: Joint Status Report due by 3/20/2024. (znbn) (Entered: 02/21/2024)
2024-03-2032Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 03/20/2024)
2024-03-21MINUTE ORDER: The Court ADOPTS the parties' 32 Joint Status Report and ORDERS that they shall file a further joint status report by April 22, 2024. So ORDERED by Chief Judge James E. Boasberg on 3/21/2024. (lcjeb4) (Entered: 03/21/2024)
2024-03-21Set/Reset Deadlines: Joint Status Report due by 4/22/2024. (znbn) (Entered: 03/22/2024)
2024-04-2233Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 04/22/2024)
2024-04-23MINUTE ORDER: The Court ADOPTS the parties' 33 Joint Status Report and ORDERS that they shall file a further joint status report by May 22, 2024. So ORDERED by Chief Judge James E. Boasberg on 4/23/2024. (lcjeb4) (Entered: 04/23/2024)
2024-04-23Set/Reset Deadlines: Joint Status Report due by 5/22/2024. (znbn) (Entered: 04/23/2024)
2024-05-2234Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 05/22/2024)
2024-05-23MINUTE ORDER: The Court ADOPTS the parties' 34 Joint Status Report and ORDERS that they shall file a further joint status report by June 24, 2024. So ORDERED by Chief Judge James E. Boasberg on 5/23/2024. (lcjeb4) (Entered: 05/23/2024)
2024-05-23Set/Reset Deadlines: Joint Status Report due by 6/24/2024. (znbn) (Entered: 05/23/2024)
2024-06-2435Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 06/24/2024)
2024-06-25MINUTE ORDER: The Court ADOPTS the parties' 35 Joint Status Report and ORDERS that they shall file a further joint status report by August 23, 2024. So ORDERED by Chief Judge James E. Boasberg on 6/25/2024. (lcjeb4) (Entered: 06/25/2024)
2024-06-25Set/Reset Deadlines: Joint Status Report due by 8/23/2024. (znbn) (Entered: 06/25/2024)
2024-08-2336Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 08/23/2024)
2024-08-26MINUTE ORDER: The Court ADOPTS the parties' 36 Joint Status Report and ORDERS that they shall file a further joint status report by September 23, 2024. So ORDERED by Chief Judge James E. Boasberg on 08/26/2024. (lcjeb2) (Entered: 08/26/2024)
2024-08-26Set/Reset Deadlines: Joint Status Report due by 9/23/2024. (znbn) (Entered: 08/26/2024)
2024-09-2537Joint STATUS REPORT and Motion for an Extension, Nunc Pro Tunc by U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 09/25/2024)
2024-09-2538Joint MOTION for Extension of Time to File Joint Status Report, Nunc Pro Tunc, and Joint Status Report by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 09/25/2024)
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