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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00645
Date Filed2024-03-06
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionHeritage Foundation submitted a FOIA request to the Department of Justice for records relied upon by Special Counsel Robert Hur in drafting the sections of his report on President Biden's memory. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request but failed to grant expedited processing. The Heritage Foundation filed an administrative appeal challenging the denial of expedited processing. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-061COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-10737838) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons DOJ, # 4 Summons USAO, # 5 Exhibit 1 Part 1, # 6 Exhibit 1 Part 2, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12)(Dewey, Samuel) (Entered: 03/06/2024)
2024-03-07Case Assigned to Judge Dabney L. Friedrich. (zed) (Entered: 03/07/2024)
2024-03-072SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zed) (Entered: 03/07/2024)
2024-03-073STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on March 7, 2024. (lcdlf2) (Entered: 03/07/2024)
2024-03-124NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Main Document 4 replaced on 3/13/2024) (mg). (Entered: 03/12/2024)
2024-03-125NOTICE of Appearance by Kyle Brosnan on behalf of All Plaintiffs (Brosnan, Kyle) (Main Document 5 replaced on 3/13/2024) (mg). (Entered: 03/12/2024)
2024-03-136AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit 1 Part 1, # 2 Exhibit 1 Part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit Redline)(Dewey, Samuel) (Entered: 03/13/2024)
2024-04-087ANSWER to 6 Amended Complaint, by U.S. DEPARTMENT OF JUSTICE.(Abbuhl, Joshua) (Entered: 04/08/2024)
2024-04-098MOTION Status Conference by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 04/09/2024)
2024-04-099DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re 8 MOTION Status Conference . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dewey, Samuel) (Entered: 04/09/2024)
2024-04-12MINUTE ORDER requiring the parties to MEET AND CONFER and file a Meet and Confer report proposing a schedule for further proceedings. The report should address the status of the plaintiffs' FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall also discuss the plaintiffs' request for expedited processing. The parties shall file the Meet and Confer report on or before May 12, 2024. The Court does not believe that its involvement in these discussions is warranted before the meet and confer occurs. As such, the plaintiffs' 8 Motion for Status Conference is DENIED. So Ordered by Judge Dabney L. Friedrich on April 12, 2024. (lcdlf2) (Entered: 04/12/2024)
2024-05-0710NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 10 replaced on 5/7/2024) (mg). (Entered: 05/07/2024)
2024-05-0811NOTICE OF SUBSTITUTION OF COUNSEL by Cameron Drew Silverberg on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Joshua C. Abbuhl (Silverberg, Cameron) (Entered: 05/08/2024)
2024-05-1212Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverberg, Cameron) (Entered: 05/12/2024)
2024-05-24NOTICE of Hearing: Status Conference set for 6/10/2024 at 2:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 05/24/2024)
2024-06-10Minute Entry for Status Conference held on 6/10/2024 before Judge Dabney L. Friedrich: Motions due by 6/24/2024. Responses due by 7/8/2024. Replies due by 7/15/2024. Status Report due by 6/14/2024. Court Reporter Sara Wick. (zjch, ) (Entered: 06/10/2024)
2024-06-10MINUTE ORDER. As discussed during today's status hearing, the defendant shall file its motion for summary judgment on the adequacy of the search on or before June 24, 2024; the plaintiffs' opposition shall be filed on or before July 8, 2024; and any reply shall be filed on or before July 15, 2024. On or before June 16, 2024, the parties shall meet and confer and file a joint status report informing the Court of their positions on the briefing schedule for the remaining issues in this case. Also, to the extent possible, the parties shall confer and inform the Court whether the scope of search can be narrowed with respect to the 70 hours of audio recordings. So Ordered by Judge Dabney L. Friedrich on June 10, 2024. (lcdlf2) (Entered: 06/10/2024)
2024-06-1013NOTICE of Letter by HERITAGE FOUNDATION, MIKE HOWELL (Dewey, Samuel) (Entered: 06/10/2024)
2024-06-1614Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverberg, Cameron) (Entered: 06/16/2024)
2024-06-1615DECLARATION Max Taylor Matheu by HERITAGE FOUNDATION, MIKE HOWELL re 14 Status Report. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Matheu, Max) (Entered: 06/16/2024)
2024-06-17NOTICE of Hearing: Status Conference set for 6/18/2024 at 2:15 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, ) (Entered: 06/17/2024)
2024-06-17MINUTE ORDER. In preparation for tomorrow's status hearing at 2:15 PM in Courtroom 14, the parties shall be prepared to discuss the rate of production and the extent to which the rate of production of audio tapes can be compared to that of pages of documents. So Ordered by Judge Dabney L. Friedrich on June 17, 2024. (lcdlf2) (Entered: 06/17/2024)
2024-06-1816NOTICE of Appearance by Daniel D. Mauler on behalf of All Plaintiffs (Mauler, Daniel) (Entered: 06/18/2024)
2024-06-1817RESPONSE TO ORDER OF THE COURT re Order, filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Weinsheimer Decl. Part 1 (24-cv-700), # 2 Exhibit Weinsheimer Decl. Part 2 (24-cv-700), # 3 Exhibit Weinsheimer Decl. Part 3 (24-cv-700))(Dewey, Samuel) (Entered: 06/18/2024)
2024-06-1818NOTICE of Appearance by Joshua Charles Abbuhl on behalf of U.S. DEPARTMENT OF JUSTICE (Abbuhl, Joshua) (Entered: 06/18/2024)
2024-06-18Minute Entry for proceedings held before Judge Dabney L. Friedrich: Status Conference held on 6/18/2024. (Court Reporter Sara Wick.) (zjch, ) (Entered: 06/18/2024)
2024-06-18MINUTE ORDER. As discussed during today's status hearing, the Court's June 10, 2024 minute order is MODIFIED, and the defendant's motion for summary judgment on the adequacy of the search is now due on or before June 27, 2024. On or before June 21, 2024, the parties shall file a joint status report that discusses (1) the possibility of further narrowing the scope of the plaintiffs' search and (2) the revision of the briefing schedule. So Ordered by Judge Dabney L. Friedrich on June 18, 2024. (lcdlf2) (Entered: 06/18/2024)
2024-06-2119Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverberg, Cameron) (Entered: 06/21/2024)
2024-06-22MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the briefing schedule is MODIFIED as follows: on or before July 1, 2024, the defendant shall file its motion for summary judgment; on or before July 9, 2024, the plaintiffs shall file any opposition; and on or before July 17, 2024, the defendant shall file any reply. On or before June 25, 2024, the parties shall file a joint status report updating the Court on their progress regarding the scope of the plaintiffs' request. So Ordered by Judge Dabney L. Friedrich on June 22, 2024. (lcdlf2) (Entered: 06/22/2024)
2024-06-2520Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverberg, Cameron) (Entered: 06/25/2024)
2024-07-0121MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Declaration of Bobak Talebian, # 3 Declaration of Bradley Weinsheimer, # 4 Proposed Order)(Silverberg, Cameron) (Entered: 07/01/2024)
2024-07-0922RESPONSE re 21 MOTION for Partial Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts)(Dewey, Samuel) (Entered: 07/09/2024)
2024-07-0923DECLARATION of Max Matheu by HERITAGE FOUNDATION, MIKE HOWELL re 22 Response to motion. (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3, # 4 Ex. 4, # 5 Ex. 5)(Cornett, Eric) (Entered: 07/09/2024)
2024-07-0924Cross MOTION for Partial Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (See docket entry 22 to view document). (mg) (Entered: 07/10/2024)
2024-07-1725REPLY to opposition to motion re 24 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Statement of Undisputed Material Facts, # 2 Supplemental Declaration of Bobak Talebian)(Silverberg, Cameron) (Entered: 07/17/2024)
2024-07-22NOTICE of Hearing:Status Conference set for 7/23/2024 at 9:00 AM in Telephonic/VTC before Judge Dabney L. Friedrich. (zjch, ) (Entered: 07/22/2024)
2024-07-2226NOTICE Regarding Search by U.S. DEPARTMENT OF JUSTICE (Silverberg, Cameron) (Entered: 07/22/2024)
2024-07-23MINUTE ORDER. In light of the defendant's 26 Notice Regarding Search, the parties shall file a joint status report stating their respective positions on the remaining issues in the case after they meet and confer. So Ordered by Judge Dabney L. Friedrich on July 23, 2024. (lcdlf2) (Entered: 07/23/2024)
2024-08-2327NOTICE of Supplemental Search Declaration by U.S. DEPARTMENT OF JUSTICE (Silverberg, Cameron) (Entered: 08/23/2024)
2024-08-2828Joint STATUS REPORT by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Declaration of Samuel Everett Dewey, # 2 Exhibit Dewey Decl. Ex. 1, # 3 Exhibit Dewey Decl. Ex. 2, # 4 Exhibit Dewey Decl. Ex. 3, # 5 Exhibit Dewey Decl. Ex. 4)(Dewey, Samuel) (Entered: 08/28/2024)
2024-09-06MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, the Court denies the plaintiff's request for bifurcated briefing on DOJ's withholdings related to audio files and transcripts of the Biden-Zwonitzer interviews. Although a significant public interest in the records remains, the urgency in resolving this dispute has diminished since President Biden withdrew from the presidential race. Moreover, bifurcated proceedings would lead to inefficiencies for the parties and the Court because DOJs withholdings for the audio files and transcripts raise common factual and legal issues, see Joint Status Report at 14, making multiple rounds of briefing largely repetitious and cumulative. Finally, any anticipated appeal by the government, see Joint Status Report at 15, would delay any release of records until well after the presidential election. For these reasons, the plaintiff's request for a bifurcated briefing schedule is denied. Accordingly, DOJ shall conclude processing of the remaining records in this case on or before October 16, 2024 . On or before October 16, 2024 , the parties shall file a joint status report proposing a schedule for briefing on the cross-motions for summary judgment. So Ordered by Judge Dabney L. Friedrich on September 6, 2024. (lcdlf2) (Entered: 09/06/2024)
2024-09-2329TRANSCRIPT OF PROCEEDINGS before Judge Dabney L. Friedrich held on 06/10/2024. Page Numbers: 1-35. Date of Issuance: 09/23/2024. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/14/2024. Redacted Transcript Deadline set for 10/24/2024. Release of Transcript Restriction set for 12/22/2024.(Wick, Sara) (Entered: 09/23/2024)
2024-09-2330TRANSCRIPT OF PROCEEDINGS before Judge Dabney L. Friedrich held on 06/18/2024. Page Numbers: 1-54. Date of Issuance: 09/23/2024. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/14/2024. Redacted Transcript Deadline set for 10/24/2024. Release of Transcript Restriction set for 12/22/2024.(Wick, Sara) (Entered: 09/23/2024)
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