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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01148
Date Filed2023-04-25
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the FBI for records concerning allegations made by Sen. Charles Grassley pertaining to the alleged politicization of the FBI, particularly in the case of Timothy Thibault, an FBI agent who allegedly was punished for exercising his First Amendment rights. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, 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
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-251COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10025557) 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) (Attachment 1 replaced on 4/26/2023) (zljn). (Entered: 04/25/2023)
2023-04-26Case Assigned to Chief Judge James E. Boasberg. (zljn) (Entered: 04/26/2023)
2023-04-262SUMMONS (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: 04/26/2023)
2023-04-283NOTICE of Appearance by Alexander William Resar on behalf of U.S. DEPARTMENT OF JUSTICE (Resar, Alexander) (Entered: 04/28/2023)
2023-05-244ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Resar, Alexander) (Entered: 05/24/2023)
2023-05-24MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by June 7, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/24/2023. (lcjeb4) (Entered: 05/24/2023)
2023-05-24Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 6/7/2023. (nbn) (Entered: 05/24/2023)
2023-06-075AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Dewey, Samuel) (Entered: 06/07/2023)
2023-06-086Joint MOTION for Extension of Time to Propose a Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Resar, Alexander) (Entered: 06/08/2023)
2023-06-08MINUTE ORDER: The Court ORDERS that: 1) The Joint 6 Motion for Extension of Time is GRANTED; and 2) The Court ORDERS that the parties shall submit a joint proposed briefing schedule by July 5, 2023. So ORDERD by Chief Judge James E. Boasberg on 6/8/2023. (lcjeb4) (Entered: 06/08/2023)
2023-06-08Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/5/2023. (nbn) (Entered: 06/08/2023)
2023-06-217ANSWER to 5 Amended Complaint, by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Resar, Alexander) (Entered: 06/21/2023)
2023-06-21MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by July 5, 2023. So ORDERED by Chief Judge James E. Boasberg on 6/21/2023. (lcjeb4) (Entered: 06/21/2023)
2023-06-21Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/5/2023. (nbn) (Entered: 06/21/2023)
2023-07-058PROPOSED BRIEFING SCHEDULE AND JOINT STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Resar, Alexander) (Entered: 07/05/2023)
2023-07-06MINUTE ORDER: The Court ADOPTS the parties' 8 Joint Status Report and Proposed Briefing Schedule and ORDERS that: (1) Defendant shall file its motion for summary judgment by September 15, 2023; (2) Plaintiffs shall file their cross-motion for summary judgment and opposition to Defendants motion by October 13, 2023; (3) Defendant shall file its reply and opposition by November 3, 2023; and (4) Plaintiffs shall file a reply in support of their cross-motion by November 17, 2023. So ORDERED by Chief Judge James E. Boasberg on 7/6/2023. (lcjeb4) (Entered: 07/06/2023)
2023-07-06Set/Reset Deadlines: Summary Judgment motions due by 9/15/2023. Response to Motion for Summary Judgment due by 10/13/2023. Cross Motions due by 10/13/2023. Reply to Motion for Summary Judgment due by 11/3/2023. Response to Cross Motions due by 11/3/2023. Reply to Cross Motions due by 11/17/2023. (znbn) (Entered: 07/07/2023)
2023-09-159MOTION for Summary Judgment and Supporting Memorandum of Law by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Material Facts as to which There Is No Genuine Issue, # 2 Declaration of Michael G. Seidel, # 3 Exhibits A through J to Declaration of Michael G. Seidel, # 4 Proposed Order)(Resar, Alexander) (Entered: 09/15/2023)
2023-10-1010Consent MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/10/2023)
2023-10-11MINUTE ORDER: The Court ORDERS that: (1) The Consent 10 Motion to Modify is GRANTED; (2) Plaintiffs shall now file their cross-motion for summary judgment and opposition to Defendant's motion by November 7, 2023; (3) Defendant shall file its reply and opposition by December 5, 2023; and (4) Plaintiffs shall file a reply in support of their cross-motion by December 19, 2023. So ORDERED by Chief Judge James E. Boasberg on 10/11/2023. (lcjeb4) (Entered: 10/11/2023)
2023-10-11Set/Reset Deadlines: Cross Motions due by 11/7/2023. Response to Cross Motions due by 12/5/2023. Reply to Cross Motions due by 12/19/2023. (znbn) (Entered: 10/12/2023)
2023-11-0611NOTICE of Appearance by Eric Neal Cornett on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Cornett, Eric) (Entered: 11/06/2023)
2023-11-0612Consent MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 11/06/2023)
2023-11-06MINUTE ORDER: The Court ORDERS that: (1) The Consent 12 Motion to Modify is GRANTED; (2) Plaintiffs shall now file their cross-motion for summary judgment and opposition to Defendant's motion by November 10, 2023; (3) Defendant shall file its reply and opposition by December 8, 2023; and (4) Plaintiffs shall file a reply in support of their cross-motion by December 22, 2023. So ORDERED by Chief Judge James E. Boasberg on 11/6/2023. (lcjeb4) (Entered: 11/06/2023)
2023-11-07Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/10/2023. Cross Motions due by 11/10/2023. Reply to Motion for Summary Judgment due by 12/8/2023. Response to Cross Motions due by 12/8/2023. Reply to Cross Motions due by 12/22/2023. (znbn) (Entered: 11/07/2023)
2023-11-0913Consent MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 11/09/2023)
2023-11-09MINUTE ORDER: The Court ORDERS that: (1) The Consent 13 Motion to Modify is GRANTED; (2) Plaintiffs shall now file their cross-motion for summary judgment and opposition to Defendant's motion by November 15, 2023; (3) Defendant shall file its reply and opposition by December 15, 2023; and (4) Plaintiffs shall file a reply in support of their cross-motion by January 5, 2024. So ORDERED by Chief Judge James E. Boasberg on 11/9/2023. (lcjeb4) (Entered: 11/09/2023)
2023-11-09Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/15/2023. Cross Motions due by 11/15/2023. Reply to Motion for Summary Judgment due by 12/15/2023. Response to Cross Motions due by 12/15/2023. Reply to Cross Motions due by 1/5/2024. (znbn) (Entered: 11/09/2023)
2023-11-1514RESPONSE re 9 MOTION for Summary Judgment and Supporting Memorandum of Law filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 11/15/2023)
2023-11-1515Partial MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Dewey, Samuel) (Entered: 11/15/2023)
2023-11-1516DECLARATION of Kyle Brosnan by HERITAGE FOUNDATION, MIKE HOWELL re 15 Partial MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 11/15/2023)
2023-12-0117Consent MOTION to Modify Scheduling Order by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Resar, Alexander) (Entered: 12/01/2023)
2023-12-01MINUTE ORDER: The Court ORDERS that: (1) The Consent 17 Motion to Modify is GRANTED; (2) Defendant shall file its reply and opposition by January 17, 2024; and (3) Plaintiffs shall file a reply in support of their cross-motion by February 14, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/1/2023. (lcjeb4) (Entered: 12/01/2023)
2023-12-01Set/Reset Deadlines: Defendant shall file its reply and opposition due by 1/17/2024. Plaintiffs shall file a reply in support of their cross-motion due by 2/14/2024. (nbn) (Entered: 12/04/2023)
2024-01-1718Memorandum in opposition to re 15 Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Supplemental Declaration of Michael G. Seidel)(Resar, Alexander) (Entered: 01/17/2024)
2024-01-1720REPLY to opposition to motion re 9 MOTION for Summary Judgment and Supporting Memorandum of Law filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 18 to view document) (ztth) (Entered: 01/19/2024)
2024-01-1819ERRATA by HERITAGE FOUNDATION, MIKE HOWELL re 16 Declaration. (Attachments: # 1 Errata)(Dewey, Samuel) (Entered: 01/18/2024)
2024-02-1321Consent MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 02/13/2024)
2024-02-13MINUTE ORDER: The Court ORDERS that: (1) The Consent 21 Motion to Modify is GRANTED; and (2) Plaintiffs shall file a reply in support of their cross-motion by February 20, 2024. So ORDERED by Chief Judge James E. Boasberg on 2/13/2024. (lcjeb4) (Entered: 02/13/2024)
2024-02-13Set/Reset Deadlines: Reply to Cross Motions due by 2/20/2024. (znbn) (Entered: 02/14/2024)
2024-02-2022DECLARATION of Eric Neal Cornett by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit)(Cornett, Eric) (Entered: 02/20/2024)
2024-02-2023REPLY to opposition to motion re 9 MOTION for Summary Judgment and Supporting Memorandum of Law filed by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 02/20/2024)
2024-02-21NOTICE OF ERROR re 22 Declaration; emailed to neal@cornettlegal.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document , 2. The Declaration should be filed as an attachment to the main document. (ztth, ) (Entered: 02/21/2024)
2024-02-2824MOTION for Leave to File Surreply by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A - Proposed Surreply)(Resar, Alexander) (Entered: 02/28/2024)
2024-04-29MINUTE ORDER: The Court ORDERS that Defendant's 24 Motion for Leave to File Surreply is GRANTED. So ORDERED by Chief Judge James E. Boasberg on 4/29/2024. (lcjeb2) (Entered: 04/29/2024)
2024-04-2925ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendant's 9 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART; 2) Plaintiffs' 15 Cross-Motion for Partial Summary Judgment is GRANTED IN PART and DENIED IN PART; 3) Defendant shall conduct a search for the records described in the Opinion; and 4) The parties shall confer on an appropriate production schedule and submit a joint status report by May 31, 2024. Signed by Chief Judge James E. Boasberg on 4/29/2024. (lcjeb2) (Entered: 04/29/2024)
2024-04-2926MEMORANDUM OPINION re. Order 25 on Motions for Summary Judgment. Signed by Chief Judge James E. Boasberg on 4/29/2024. (lcjeb2) (Entered: 04/29/2024)
2024-04-29Set/Reset Deadlines: Joint Status Report due by 5/31/2024. (znbn) (Entered: 05/01/2024)
2024-04-2927SURREPLY to re 23 Reply to opposition to Motion filed by U.S. DEPARTMENT OF JUSTICE. (znmw) (Entered: 05/03/2024)
2024-05-3128Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Resar, Alexander) (Entered: 05/31/2024)
2024-05-31MINUTE ORDER: The Court ADOPTS the parties' 28 Joint Status Report and ORDERS that they shall file a further joint status report on the earlier of either September 30, 2024, or a date within two weeks of the completion of FBI's processing of potentially responsive records. So ORDERED by Chief Judge James E. Boasberg on 5/31/2024. (lcjeb4) (Entered: 05/31/2024)
2024-05-31Set/Reset Deadlines: Joint Status Report due by 9/30/2024. (znbn) (Entered: 06/03/2024)
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