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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00959
Date Filed2024-04-03
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionHeritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications between the Office of Special Counsel and Joe Biden's personal attorneys referenced on page 180-181 of the Hur Report. 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: Failure to respond within statutory time limit, Expedited processing, 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
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-031COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-10804080) 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, # 14 Exhibit 9)(Dewey, Samuel) Modified defendant on 4/8/2024 (znmw). (Entered: 04/03/2024)
2024-04-07Case Assigned to Judge Rudolph Contreras. (zsl) (Entered: 04/07/2024)
2024-04-082SUMMONS (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)
2024-05-073NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 3 replaced on 5/8/2024) (znmw). (Entered: 05/07/2024)
2024-05-134ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Meyer, Robert) (Entered: 05/13/2024)
2024-05-14MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and propose a briefing schedule (not a LCvR 16.3 report) within 2 weeks.SO ORDERED. Signed by Judge Rudolph Contreras on 05/14/2024. (lcrc2) (Entered: 05/14/2024)
2024-05-285Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 05/28/2024)
2024-05-286DECLARATION of Max Taylor Matheu by HERITAGE FOUNDATION, MIKE HOWELL re 5 Status Report. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dewey, Samuel) (Entered: 05/28/2024)
2024-05-29MINUTE ORDER: The Government is hereby ORDERED to 1) provide a final response to Plaintiff's FOIA request by July 2, 2024, and 2) make all reasonable efforts to produce all non-exempt, responsive information by July 2, 2024 and, if that is not accomplished, submit a joint status report on that date that fully sets forth the efforts made and the reason(s) why the deadline could not be met. SO ORDERED. Signed by Judge Rudolph Contreras on 05/29/2024. (lcrc2) (Entered: 05/29/2024)
2024-07-027STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 07/02/2024)
2024-07-10MINUTE ORDER: The parties are hereby ORDERED to meet and confer and submit a Joint Status Report on or before July 24, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 07/10/2024. (lcrc2) (Entered: 07/10/2024)
2024-07-248Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 07/24/2024)
2024-07-25MINUTE ORDER: Upon consideration of 8 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before August 7, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 07/25/2024. (lcrc2) (Entered: 07/25/2024)
2024-08-079Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 08/07/2024)
2024-08-08MINUTE ORDER: Upon consideration of 9 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before August 28, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 08/08/2024. (lcrc2) (Entered: 08/08/2024)
2024-08-2810Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 08/28/2024)
2024-08-30MINUTE ORDER: Upon consideration of 10 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 18, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 08/30/2024. (lcrc2) (Entered: 08/30/2024)
2024-09-1811Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 09/18/2024)
2024-09-19MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before October 16, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 09/19/2024. (lcrc2) (Entered: 09/19/2024)
2024-10-1612Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 10/16/2024)
2024-10-17MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendant shall file its motion for summary judgment on or before December 6, 2024; Plaintiffs shall file their opposition and cross-motion for summary judgment on or before January 3, 2025; Defendant shall file its reply and opposition to Plaintiffs' motion on or before January 24, 2025; and Plaintiffs shall file their reply on or before February 7, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 10/17/2024. (lcrc2) (Entered: 10/17/2024)
2024-12-0613NOTICE of Appearance by Cameron Drew Silverberg on behalf of U.S. DEPARTMENT OF JUSTICE (Silverberg, Cameron) (Entered: 12/06/2024)
2024-12-0614ENTERED IN ERROR..... MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Statement of Facts, # 9 Text of Proposed Order)(Silverberg, Cameron) Modified on 12/9/2024 (znmw). (Entered: 12/06/2024)
2024-12-09NOTICE OF ERROR regarding 14 MOTION for Summary Judgment . The following error(s) need correction: Invalid attorney signature- signature on document must match PACER login. Please refile. (znmw) (Entered: 12/09/2024)
2024-12-0915MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Statement of Facts, # 9 Text of Proposed Order)(Silverberg, Cameron) (Entered: 12/09/2024)
2024-12-2716NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Main Document 16 replaced on 12/30/2024) (znmw). (Entered: 12/27/2024)
2024-12-30Set/Reset Deadlines: Cross Motions due by 1/3/2025. Response to Cross Motions due by 1/24/2025. Reply to Cross Motions due by 2/7/2025. Responses due by 1/3/2025 Replies due by 1/24/2025. (tj) (Entered: 12/30/2024)
2024-12-3117Consent MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 12/31/2024)
2025-01-02MINUTE ORDER granting 17 Motion to Modify Scheduling Order: It is hereby ORDERED that the following shall govern further proceedings: Plaintiffs shall file their Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment on or before January 10, 2025; Defendant shall file its Response to Plaintiffs' Cross-Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment on or before January 31, 2025; and Plaintiffs shall file their Reply in Support of Plaintiffs' Cross-Motion for Summary Judgment on or before February 14, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 01/02/2025. (lcrc2) (Entered: 01/02/2025)
2025-01-0818MOTION to Modify Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 01/08/2025)
2025-01-08MINUTE ORDER granting 18 Motion to Modify Scheduling Order: It is hereby ORDERED that the following schedule shall govern further proceedings: Plaintiffs shall file their Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment on or before January 17, 2025; Defendant shall file its Response to Plaintiffs' Cross-Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment on or before February 7, 2025; and Plaintiffs shall file their Reply in Support of Plaintiffs' Cross-Motion for Summary Judgment on or before February 21, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 01/08/2025. (lcrc2) (Entered: 01/08/2025)
2025-01-1719RESPONSE re 15 MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts)(Dewey, Samuel) (Entered: 01/17/2025)
2025-01-1720Cross MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts)(Dewey, Samuel) (Entered: 01/17/2025)
2025-01-3021Consent MOTION to Modify Scheduling Order by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 01/30/2025)
2025-01-31MINUTE ORDER granting 21 Motion to Modify Scheduling Order: It is hereby ORDERED that the following briefing schedule shall govern further proceedings: Defendant shall file its Opposition to Plaintiffs' Cross-Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment on or before February 27, 2025 and Plaintiffs shall file their Reply in Support of Plaintiffs' Cross-Motion for Summary Judgment on or before March 13, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 01/31/2025. (lcrc2) (Entered: 01/31/2025)
2025-02-2522Consent MOTION to Stay Briefing Deadlines by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 02/25/2025)
2025-02-26MINUTE ORDER granting 22 Motion to Stay: It is hereby ORDERED that the briefing deadlines in this case shall be STAYED. It is FURTHER ORDERED that the parties shall file a Joint Status Report on or before March 25, 2025, setting out the case's status including whether the case has settled and whether any further briefing is necessary. SO ORDERED. Signed by Judge Rudolph Contreras on 02/26/2025. (lcrc2) (Entered: 02/26/2025)
2025-02-28Set/Reset Deadlines: Status Report due by 3/25/2025 (tj) (Entered: 02/28/2025)
2025-03-2523Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 03/25/2025)
2025-03-25MINUTE ORDER: Upon consideration of 23 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before April 25, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 03/25/2025. (lcrc2) (Entered: 03/25/2025)
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