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Case TitleFoiaConsciousness.com LLC v. National Archives & Records Administration et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2024cv00997
Date Filed2024-02-20
Date ClosedOpen
JudgeJudge James Donato
PlaintiffFoiaConsciousness.com LLC
Case DescriptionFOIAConsciousness.com submitted a FOIA request to the National Archives and Records Administration and the Dallas County Historical Foundation to end restrictions on the public access to the Zapruder film of the Kennedy assassination. FOIAconsciousness.com requested a copy of Moses Weitzman's copy of the Zapruder film, currently held in the NARA facility in Baltimore. NARA told FOIAConsciousness.com that it could not disclose the film without the permission of the Dallas County Historical Foundation. NARA insisted that the Dallas County Historical Foundation had a copyright that prevented it from disclosing the Zapruder film publicly. FOIAConsciousness.com submitted a FOIA request for the Zapruder film, which NARA denied under Exemption 3. FOIAConsciousness.com filed an administrative appeal, but after hearing nothing further from the agency, FOIAConsciousness.com filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Archives & Records Administration
DefendantUS Attorney
DefendantThe Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-201COMPLAINT against National Archives & Records Administration ( Filing fee $ 405, receipt number ACANDC-19139870.). Filed by FoiaConsciousness.com LLC. (Attachments: # 1 Civil Cover Sheet)(Javitch, Mark) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-202Proposed Summons. (Javitch, Mark) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-203Proposed Summons. (Javitch, Mark) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-204CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by FoiaConsciousness.com LLC.. (Javitch, Mark) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-205Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/5/2024. (as, COURT STAFF) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-216Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/16/2024. Initial Case Management Conference set for 5/23/2024 10:00 AM in San Francisco, Courtroom E, 15th Floor. (kmg, COURT STAFF) (Filed on 2/21/2024) (Entered: 02/21/2024)
2024-02-217Summons Issued as to National Archives & Records Administration, The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza. (kmg, COURT STAFF) (Filed on 2/21/2024) (Entered: 02/21/2024)
2024-02-238SUMMONS Returned Executed (FOIA) by US Attorney. US Attorney served on 2/22/2024, answer due 3/25/2024. (Javitch, Mark) (Filed on 2/23/2024) (Entered: 02/23/2024)
2024-02-239NOTICE by FoiaConsciousness.com LLC of Exhibits Attached to Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Javitch, Mark) (Filed on 2/23/2024) Modified on 2/27/2024 (kmg, COURT STAFF). (Entered: 02/23/2024)
2024-02-2410SUMMONS Returned Executed by FoiaConsciousness.com LLC. The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza served on 2/23/2024, answer due 3/15/2024. (Javitch, Mark) (Filed on 2/24/2024) (Entered: 02/24/2024)
2024-02-2711SUMMONS Returned Executed (FOIA) by FoiaConsciousness.com LLC. National Archives & Records Administration served on 2/26/2024, answer due 3/27/2024. (Javitch, Mark) (Filed on 2/27/2024) (Entered: 02/27/2024)
2024-03-1512Certificate of Interested Entities by The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza (Solitro, Daniel) (Filed on 3/15/2024) (Entered: 03/15/2024)
2024-03-1513STIPULATION to Extend the Time for Respondent to Answer or Otherwise Respond to the Complaint filed by The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza. (Solitro, Daniel) (Filed on 3/15/2024) (Entered: 03/15/2024)
2024-03-2114NOTICE of Appearance by Andrew Freidah (Freidah, Andrew) (Filed on 3/21/2024) (Entered: 03/21/2024)
2024-03-2115STIPULATION to Extend the Time for Defendant to Answer or Otherwise Respond to the Complaint filed by National Archives & Records Administration. (Freidah, Andrew) (Filed on 3/21/2024) (Entered: 03/21/2024)
2024-03-2116CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Archives & Records Administration.. (Freidah, Andrew) (Filed on 3/21/2024) (Entered: 03/21/2024)
2024-03-2117CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza.. (Solitro, Daniel) (Filed on 3/21/2024) (Entered: 03/21/2024)
2024-03-2218CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2, COURT STAFF) (Filed on 3/22/2024) (Entered: 03/22/2024)
2024-03-2219ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 03/22/2024. (Attachments: # 1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 3/22/2024) (Entered: 03/22/2024)
2024-04-0220CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE ON REASSIGNMENT: Initial Case Management Conference RESET for 5/23/2024 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Joint Case Management Statement due by 5/16/2024. Parties may download Judge Alsup's standing orders from the Court's webpage: https://cand.uscourts.gov/judges/alsup-william-wha/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afm, COURT STAFF) (Filed on 4/2/2024) (Entered: 04/02/2024)
2024-04-1021ORDER OF RECUSAL. Signed by Judge Alsup. (whalc1, COURT STAFF) (Filed on 4/10/2024) (Entered: 04/10/2024)
2024-04-1022ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Judge William Alsup no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 4/10/2024. (Attachments: # 1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 4/10/2024) (Entered: 04/10/2024)
2024-04-1123CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 6/6/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 5/30/2024. Signed by Judge James Donato on 4/11/2024. (lrc, COURT STAFF) (Filed on 4/11/2024) (Entered: 04/11/2024)
2024-04-2424NOTICE of Appearance by Michael Joseph Gerardi on Behalf of NARA (Gerardi, Michael) (Filed on 4/24/2024) (Entered: 04/24/2024)
2024-04-2425ANSWER to Complaint by National Archives & Records Administration, US Attorney. (Gerardi, Michael) (Filed on 4/24/2024) (Entered: 04/24/2024)
2024-04-2426MOTION to Dismiss for Lack of Jurisdiction filed by The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza. Motion Hearing set for 6/6/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 5/8/2024. Replies due by 5/15/2024. (Attachments: # 1 Declaration)(Solitro, Daniel) (Filed on 4/24/2024) (Entered: 04/24/2024)
2024-05-0827OPPOSITION/RESPONSE (re 26 MOTION to Dismiss for Lack of Jurisdiction ) filed by FoiaConsciousness.com LLC. (Javitch, Mark) (Filed on 5/8/2024) Modified on 5/9/2024 (kmg, COURT STAFF). (Entered: 05/08/2024)
2024-05-1428Certificate of Interested Entities by Foia Consciousness.com LLC (None) (Javitch, Mark) (Filed on 5/14/2024) Modified on 5/14/2024 (kmg, COURT STAFF). (Entered: 05/14/2024)
2024-05-1529REPLY in Support of it's Motion to Dismiss (re 26 MOTION to Dismiss for Lack of Jurisdiction ) filed by The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza. (Attachments: # 1 Declaration) (Solitro, Daniel) (Filed on 5/15/2024) (Entered: 05/15/2024)
2024-05-1630MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19424581.) filed by The Dallas Historical Foundation d/b/a The Sixth Floor Museum at Dealey Plaza. (Attachments: # 1 Certificate of Good Standing)(Phipps, Charles) (Filed on 5/16/2024) (Entered: 05/16/2024)
2024-05-1731ORDER by Judge James Donato granting 30 Motion for Pro Hac Vice. (lrc, COURT STAFF) (Filed on 5/17/2024) (Entered: 05/17/2024)
2024-05-1732ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 5/17/2024) (Entered: 05/17/2024)
2024-05-1733ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Javitch, Mark) (Filed on 5/17/2024) (Entered: 05/17/2024)
2024-05-1734ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Solitro, Daniel) (Filed on 5/17/2024) (Entered: 05/17/2024)
2024-05-2235ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gerardi, Michael) (Filed on 5/22/2024) (Entered: 05/22/2024)
2024-05-2436CASE MANAGEMENT STATEMENT (on behalf of all parties) filed by National Archives & Records Administration. (Gerardi, Michael) (Filed on 5/24/2024) (Entered: 05/24/2024)
2024-05-2437STIPULATION WITH PROPOSED ORDER re 23 Case Management Scheduling Order, (Vacate Case Management Conference) filed by National Archives & Records Administration. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Filed on 5/24/2024) (Entered: 05/24/2024)
2024-05-2838ORDER. The request to vacate the case management conference set for June 6, 2024, Dkt. No. 37, is denied. Signed by Judge James Donato on 5/28/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 5/28/2024) (Entered: 05/28/2024)
2024-06-0639Minute Entry for proceedings held before Judge James Donato: Initial Case Management Conference and Motion Hearing held on 6/6/2024. Total Time in Court: 9 minutes. Court Reporter: Ruth Levine. (jdlc3, COURT STAFF) (Date Filed: 6/6/2024) (Entered: 06/06/2024)
2024-06-1140NOTICE by FoiaConsciousness.com LLC of voluntary dismissal of Respondent Sixth Floor Museum without prejudice pursuant to Rule 41(a)(1)(A)(i) (Javitch, Mark) (Filed on 6/11/2024) (Entered: 06/11/2024)
2024-07-1841STIPULATION WITH PROPOSED ORDER to set briefing schedule on parties cross motions for summary judgment filed by FoiaConsciousness.com LLC. (Javitch, Mark) (Filed on 7/18/2024) (Entered: 07/18/2024)
2024-07-2942ORDER TO SET BRIEFING SCHEDULE. Signed by Judge James Donato on 7/29/2024. (jdlc3, COURT STAFF) (Filed on 7/29/2024) (Entered: 07/29/2024)
2024-09-0543MOTION for Summary Judgment filed by National Archives & Records Administration. Motion for Summary Judgment Hearing set for 12/5/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/7/2024. Replies due by 10/28/2024. (Attachments: # 1 Rooney Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Proposed Order)(Gerardi, Michael) (Filed on 9/5/2024) (Entered: 09/05/2024)
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