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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00626
Date Filed2023-03-07
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning whistleblower allegations that DOJ improperly worked with Facebook to access politically conservative Americans' data. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request and told the Heritage Foundation that its request was overly broad. The Heritage Foundation filed an administrative appeal of that decision. After hearing nothing further from the agency, the Heritage Foundations filed suit.
Complaint issues: Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-071COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9909080) 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 3)(Dewey, Samuel) (Entered: 03/07/2023)
2023-03-08Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 03/08/2023)
2023-03-082SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 03/08/2023)
2023-05-08MINUTE ORDER: Plaintiffs are reminded that under Federal Rule of Civil Procedure 4(m), they must serve Defendant with the summons and a copy of the complaint "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). "To serve a United States agency...a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency." Fed. R. Civ. P. 4(i)(2). Serving the United States requires complying with Rule 4(i)(1). It is hereby ORDERED that Plaintiffs shall effectuate and file proof of service with the Court by June 5, 2023, or request and show good cause for an extension. See Fed. R. Civ. P. 4(m) ("If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time."). Signed by Judge Timothy J. Kelly on 5/8/2023. (lctjk1) (Entered: 05/08/2023)
2023-06-033RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/10/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/9/2023. (Dewey, Samuel) (Entered: 06/03/2023)
2023-06-054NOTICE of Appearance by Erika Kirstie Oblea on behalf of U.S. DEPARTMENT OF JUSTICE (Oblea, Erika) (Entered: 06/05/2023)
2023-06-055Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/05/2023)
2023-06-06MINUTE ORDER granting Defendant's 5 Consent Motion for Extension of Time. It is hereby ORDERED that, for good cause shown, Defendant's 5 consent motion for an extension of time to answer Plaintiffs' complaint is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to the complaint by July 24, 2023. Signed by Judge Timothy J. Kelly on 6/6/2023. (lctjk1) (Entered: 06/06/2023)
2023-07-246ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Oblea, Erika) (Entered: 07/24/2023)
2023-07-25MINUTE 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 August 15, 2023. Signed by Judge Timothy J. Kelly on 7/25/2023. (lctjk1) (Entered: 07/25/2023)
2023-08-157Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 08/15/2023)
2023-08-16MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by October 16, 2023. Signed by Judge Timothy J. Kelly on 8/16/2023. (lctjk1) (Entered: 08/16/2023)
2023-10-168Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 11, 2023. Signed by Judge Timothy J. Kelly on 10/17/2023. (lctjk1) (Entered: 10/17/2023)
2023-11-279NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 11/27/2023)
2023-12-1110Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 12/11/2023)
2023-12-12MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 9, 2024. Signed by Judge Timothy J. Kelly on 12/12/2023. (lctjk1) (Entered: 12/12/2023)
2024-02-0911Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 02/09/2024)
2024-02-12MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 9, 2024. Signed by Judge Timothy J. Kelly on 2/12/2024. (lctjk1) (Entered: 02/12/2024)
2024-04-0912Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Tepe, Sean) (Entered: 04/09/2024)
2024-04-11MINUTE ORDER: In light of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 7, 2024, and every sixty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 4/11/2024. (lctjk1) (Entered: 04/11/2024)
2024-05-2213NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF JUSTICE. Attorney Sean Michael Tepe terminated. (Tepe, Sean) (Entered: 05/22/2024)
2024-06-0714Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Oblea, Erika) (Entered: 06/07/2024)
2024-07-0815Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 07/08/2024)
2024-07-10MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that Defendant shall file its motion for summary judgment by September 20, 2024; Plaintiffs shall file their combined cross-motion for summary judgment and opposition by November 19, 2024; Defendant shall file its combined opposition and reply by December 19, 2024; and Plaintiffs shall file their reply by January 21, 2025. Signed by Judge Timothy J. Kelly on 7/10/2024. (lctjk1) (Entered: 07/10/2024)
2024-09-2016MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Appendix - Table, # 3 Appendix 1 - Declaration of Michael G. Seidel, # 4 Exhibit A - Seidel Declaration, # 5 Exhibit B - Seidel Declaration, # 6 Exhibit C - Seidel Declaration, # 7 Exhibit D - Seidel Declaration, # 8 Exhibit E - Seidel Declaration, # 9 Text of Proposed Order)(Oblea, Erika) (Entered: 09/20/2024)
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