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Case TitleThe Heritage Foundation et al v. U.S. Department of Justice
DistrictDistrict of Delaware
CityWilmington
Case Number1:2024cv00053
Date Filed2024-01-15
Date ClosedOpen
JudgeJudge Maryellen Noreika
PlaintiffThe Heritage Foundation
PlaintiffMike Howell
Case DescriptionHeritage Foundation submitted a FOIA request to the Department of Justice for records concerning what Special Counsel Weiss relied upon to respond to Congress on the Hunter Biden investigation. The Heritage Foundation requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request because it did not adequately describe records for search purposes. The Heritage Foundation filed an administrative appeal of the denial. The agency denied the appeal. The Heritage Foundation then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Justice
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-151COMPLAINT and Prayer for Declaratory and Injunctive Relief filed against U.S. Department of Justice (Filing fee $ 405, receipt number ADEDC-4314636.) - filed by The Heritage Foundation, Mike Howell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Civil Cover Sheet) (vfm) (Entered: 01/16/2024)
2024-01-152Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm) (Entered: 01/16/2024)
2024-01-15DEFICIENCY NOTICE issued by the Court to Plaintiff: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (vfm) (Entered: 01/16/2024)
2024-01-153Summons Issued as to U.S. Department of Justice, Hon. Merrick Garland on 1/15/2024. (Attachments: # 1 Summons Issued) (vfm) (Entered: 01/16/2024)
2024-01-17Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 01/17/2024)
2024-01-184Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by The Heritage Foundation. (Murray, Julianne) (Entered: 01/18/2024)
2024-01-185Pro Hac Vice Fee - Credit Card Payment received for Samuel Everett Dewey. ( Payment of $ 50, receipt number ADEDC-4317700).(Murray, Julianne) (Entered: 01/18/2024)
2024-01-186MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey - filed by Mike Howell, The Heritage Foundation. (Murray, Julianne) (Entered: 01/18/2024)
2024-01-18SO ORDERED re 6 MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey filed by The Heritage Foundation, Mike Howell. ORDERED by Judge Maryellen Noreika on 1/18/2024. (dlw) (Entered: 01/18/2024)
2024-02-01Pro Hac Vice Attorney Samuel E. Dewey for Mike Howell and The Heritage Foundation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 02/01/2024)
2024-02-227NOTICE of Appearance by Laurel H. Lum on behalf of U.S. Department of Justice (Lum, Laurel) (Entered: 02/22/2024)
2024-02-228ANSWER to 1 Complaint,,, by U.S. Department of Justice.(Lum, Laurel) (Entered: 02/22/2024)
2024-02-239ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 2/23/2024. (dlw) (Entered: 02/23/2024)
2024-03-2510Joint RESPONSE to Order re 9 Oral Order Regarding Scheduling Proposal. (Attachments: # 1 Text of Proposed Order from Defendant, # 2 Text of Proposed Order from Plaintiffs)(Lum, Laurel) Modified on 4/2/2024 (dlw). (Entered: 03/25/2024)
2024-05-2111Joint STATUS REPORT by U.S. Department of Justice. (Lynch, Jason) (Entered: 05/21/2024)
2024-05-22ORAL ORDER re 11 Joint Status Report - IT IS HEREBY ORDERED that the parties' joint request to file a further status report on 6/14/2024 is GRANTED. ORDERED Signed by Judge Maryellen Noreika on 5/22/2024. (dlw) (Entered: 05/22/2024)
2024-05-2912NOTICE of Appearance by Jason C. Lynch on behalf of U.S. Department of Justice (Lynch, Jason) (Entered: 05/29/2024)
2024-05-2913NOTICE of Withdrawal of Appearance of Laurel H. Lum by U.S. Department of Justice (Lum, Laurel) (Entered: 05/29/2024)
2024-06-1414Joint STATUS REPORT and Proposals for Further Proceedings by U.S. Department of Justice. (Lynch, Jason) Modified on 6/17/2024 (dlw). (Additional attachment(s) added on 6/17/2024: # 1 Exhibit) (dlw). (Entered: 06/14/2024)
2024-06-17ORAL ORDER - IT IS HEREBY ORDERED that an in-person Status Conference is set for 7/17/2024 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. ORDERED by Judge Maryellen Noreika on 6/17/2024. (dlw) (Entered: 06/17/2024)
2024-07-0415Letter to The Honorable Maryellen Noreika from Julianne E. Murray regarding Request to Be Excused from July 17, 2024 Status Conference. (Murray, Julianne) (Entered: 07/04/2024)
2024-07-0816ORAL ORDER re 15 Letter - IT IS HEREBY ORDERED that Plaintiffs' local counsel's request to be excused from attending the July 17 status conference is GRANTED. ORDERED by Judge Maryellen Noreika on 7/8/2024. (dlw) (Entered: 07/08/2024)
2024-07-17Minute Entry for proceedings held before Judge Maryellen Noreika - Status Conference held on 7/17/2024 re Joint Status Report ( 14 ). The defendant shall provide the plaintiffs with the parameters of the search. The parties shall meet and confer prior to filing motions for summary judgment, and submit a joint status report by 7/26/2024. (Court Reporter Dale Hawkins.) (mdb) (Entered: 07/17/2024)
2024-07-2617Joint STATUS REPORT by U.S. Department of Justice. (Lynch, Jason) (Entered: 07/26/2024)
2024-07-2918ORAL ORDER re 17 Joint Status Report: IT IS HEREBY ORDERED that the parties' request is GRANTED and a Joint Status Report is due by 8/9/2024. ORDERED by Judge Maryellen Noreika on 7/29/2024. (mdb) (Entered: 07/29/2024)
2024-07-3119Official Transcript of Status Conference held on 07/17/2024 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/21/2024. Redacted Transcript Deadline set for 9/3/2024. Release of Transcript Restriction set for 10/29/2024. (dh) (Entered: 07/31/2024)
2024-08-0920Joint STATUS REPORT by U.S. Department of Justice. (Lynch, Jason) Modified on 8/9/2024 (dlw). (Entered: 08/09/2024)
2024-08-0921ORAL ORDER re 20 Joint Status Report - IT IS HEREBY ORDERED that the parties' request to file a further status report on 8/23/2024 is GRANTED. ORDERED by Judge Maryellen Noreika on 8/9/2024. (dlw) (Entered: 08/09/2024)
2024-08-2322Joint STATUS REPORT by U.S. Department of Justice. (Lynch, Jason) Modified on 8/23/2024 (dlw). (Entered: 08/23/2024)
2024-08-2323ORAL ORDER re 22 Joint Status Report - The parties' joint request to file a further status report on 9/6/2024 is GRANTED. ORDERED by Judge Maryellen Noreika on 8/23/2024. (dlw) (Entered: 08/23/2024)
2024-09-0624Joint STATUS REPORT by Mike Howell, The Heritage Foundation. (Murray, Julianne) (Entered: 09/06/2024)
2024-09-0625ORAL ORDER re 24 Joint Status Report - IT IS HEREBY ORDERED that the following briefing schedule shall govern the cross motions for summary judgment - Defendant's Opening Brief due 10/18/2024. Plaintiffs' Opposition and Cross motion due 11/8/2024. Defendant's Reply and Opposition due 12/6/2024. Plaintiffs' Reply due by 12/20/2024). Signed by Judge Maryellen Noreika on 9/6/2024. (dlw) (Entered: 09/06/2024)
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