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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00958
Date Filed2024-04-03
Date Closed2024-07-22
JudgeJudge Ana C. Reyes
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionHeritage Foundation submitted a FOIA request to the Department of Justice for records concerning all non-classified images collected as part of Special Counsel Robert Hur's investigation of Joe Biden's retention of classified documents. Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation's request for expedited processing. After hearing nothing further from the agency, Heritage Foundation filed suit.
Complaint issues: Expedited processing, Failure to respond within statutory time limit, Adequacy - Search, 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
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-031ENTERED IN ERROR.....COMPLAINT against All Plaintiffs ( Filing fee $ 405 receipt number ADCDC-10804042) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet, # 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)(Dewey, Samuel) Modified on 4/4/2024 (zjm). (Entered: 04/03/2024)
2024-04-042COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-10804042) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 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)(Dewey, Samuel) (Entered: 04/04/2024)
2024-04-07Case Assigned to Judge Royce C. Lamberth. (zsl) (Entered: 04/07/2024)
2024-04-083SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/08/2024)
2024-05-074NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 4 replaced on 5/7/2024) (zdp). (Entered: 05/07/2024)
2024-05-135ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Meyer, Robert) (Entered: 05/13/2024)
2024-05-146ORDER: Local Rule 16.3(b)(10) exempts parties to a FOIA action from typical scheduling order requirements. Instead, the government has the burden to produce a Vaughn index with a supporting dispositive motion. The Court therefore ORDERS the government to file the index and supporting motion within 30 days. Signed by Judge Royce C. Lamberth on 5/14/2024. (lcrcl2) (Entered: 05/14/2024)
2024-06-047MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Meyer, Robert) (Entered: 06/04/2024)
2024-06-058Memorandum in opposition to re 7 Motion for Extension of Time to File filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 06/05/2024)
2024-06-059DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re 8 Memorandum in Opposition. (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)(Dewey, Samuel) (Entered: 06/05/2024)
2024-06-0610NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Main Document 10 replaced on 6/6/2024) (zdp). (Entered: 06/06/2024)
2024-06-0611REPLY to opposition to motion re 7 MOTION for Extension of Time to File Dispositive Motion filed by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 06/06/2024)
2024-06-1112Case directly reassigned to Judge Ana C. Reyes as there is an earlier related case. Judge Royce C. Lamberth is no longer assigned to the case. (rj) (Entered: 06/11/2024)
2024-06-1113STANDING ORDER. The Court hereby ORDERS the parties to comply with its Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 6/11/2024. (lcsj) (Entered: 06/11/2024)
2024-06-1114MOTION for Extension of Time to File Dispositive Motion by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Meyer, Robert) (Entered: 06/11/2024)
2024-06-1115Memorandum in opposition to re 14 Motion for Extension of Time to filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 06/11/2024)
2024-06-11MINUTE ORDER. The Court hereby GRANTS Defendant's 14 Motion for Extension of Time to File a Dispositive Motion. The Court further ORDERS that any dispositive motion in this case must comply with the pre-motion conference requirement described in section 7(f) of the Court's 13 Standing Order. Accordingly, Defendant shall file the pre-motion notice required by section 7(f) on or before June 27, 2024. Once Defendant files a notice, Plaintiff will have one week to respond. The Court ORDERS Counsel for both parties to contact Judge Reyes's Courtroom Deputy, Jonathan Hopkins (jonathan_hopkins@dcd.uscourts.gov), to schedule a pre-motion conference. The Court expects lawyers appearing before it to extend to each other professional courtesies. Standing Order § 6(a). Thus, the Court is baffled as to why Plaintiff contests a request for a two-week extension and spills eight pages of ink doing so. Plaintiff claims that "prejudice is real here" because of the ongoing Presidential Election and that early voting commences on September 26, 2024. Dkt. 8 at 8. Hardly. Such an extension will have no impact, much less a material impact, on early voting that is months away. Plaintiff's refusal to extend a basic courtesy forced the Government to expend resources on fully briefing a request for a two-week extension and this Court's time and attention in addressing a request for, again, a two-week extension. If counsel refuse to extend obvious professional courtesies in the future, the Court will enter a show cause order on sanctions. Signed by Judge Ana C. Reyes on 6/11/2024. (lcsj) (Entered: 06/11/2024)
2024-06-1116DECLARATION by HERITAGE FOUNDATION, MIKE HOWELL re 14 MOTION for Extension of Time to File Dispositive Motion . (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)(Dewey, Samuel) (Entered: 06/11/2024)
2024-06-11Set/Reset Deadlines: Pre-motion notice due by 6/27/2024. (zjch, ) (Entered: 06/13/2024)
2024-06-2717NOTICE Requesting a Pre-Motion Conference by U.S. DEPARTMENT OF JUSTICE (Meyer, Robert) (Entered: 06/27/2024)
2024-07-0518RESPONSE re 17 Notice (Other) Pre-Motion Conference filed by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 07/05/2024)
2024-07-09NOTICE of Hearing:Pre-motion Conference set for 7/18/2024 at 2:00 PM in Courtroom 12- In Person before Judge Ana C. Reyes. (zjch, ) (Entered: 07/09/2024)
2024-07-1119NOTICE of Appearance by Elizabeth J. Shapiro on behalf of U.S. DEPARTMENT OF JUSTICE (Shapiro, Elizabeth) (Entered: 07/11/2024)
2024-07-18Minute Entry for Pre-motion Conference held on 7/18/2024 before Judge Ana C. Reyes. CV 24-952 and CV 24-958 to be consolidated. Motion Hearing set for 9/19/2024 at 10:30 AM in Courtroom 12- In Person before Judge Ana C. Reyes. Court Reporter Christine Asif. (zjch, ) (Entered: 07/19/2024)
2024-07-18Cases Consolidated. This case has been consolidated with case 24cv952 From this date forward, all pleadings shall be filed ONLY in the lead case, 24cv952. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp) (Entered: 07/22/2024)
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