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Case TitleALPER v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01837
Date Filed2024-06-25
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffTY ALPER
Case DescriptionTy Alper, a law professor at Berkley who runs the Death Penalty Clinic, submitted a FOIA request to the FBI for records concerning the murder case Alabama v. Toforest Johnson. The agency acknowledged receipt of the request. The agency identified 513 potentially responsive pages. After hearing nothing further from the agency, Alper filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-251COMPLAINT for Injunctive Relief against DEPARTMENT OF JUSTICE ( Filing fee $ 405 receipt number ADCDC-10983971) filed by Ty Alper. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons AG, # 4 Summons OUSA)(Sobel, David) (Attachment 1 replaced on 6/26/2024) (zmtm). (Entered: 06/25/2024)
2024-06-26Case Assigned to Judge Dabney L. Friedrich. (zmtm) (Entered: 06/26/2024)
2024-06-262SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/26/2024)
2024-07-023STANDARD ORDER. See text for details. Signed by Judge Dabney L. Friedrich on July 1, 2024. (lcdlf3) (Entered: 07/02/2024)
2024-07-094RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/8/2024. Answer due for ALL FEDERAL DEFENDANTS by 8/7/2024. (Sobel, David) (Entered: 07/09/2024)
2024-07-095RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/3/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 7/3/2024. (See docket entry 4 to view document). (mg) (Entered: 07/09/2024)
2024-08-076NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 08/07/2024)
2024-08-077ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Berhane, Fithawi) (Entered: 08/07/2024)
2024-08-08MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's 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 file the joint status report on or before August 29, 2024. So Ordered by Judge Dabney L. Friedrich on August 8, 2024. (lcdlf2) (Entered: 08/08/2024)
2024-08-298Joint STATUS REPORT by TY ALPER. (Sobel, David) (Entered: 08/29/2024)
2024-08-30MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is ORDERED that the defendant shall complete its processing of the 513 pages on or before September 30, 2024. The parties shall file another joint status report on that date. So Ordered by Judge Dabney L. Friedrich on August 30, 2024. (lcdlf3) (Entered: 08/30/2024)
2024-09-279Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 09/27/2024)
2024-09-27MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED the parties shall file another joint status report on or before October 15, 2024. So ordered by Judge Dabney L. Friedrich on September 27, 2024. (lcdlf3) (Entered: 09/27/2024)
2024-10-1510Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 10/15/2024)
2024-10-16MINUTE ORDER. In consideration of the parties' 10 Joint Status Report, the following schedule shall govern further proceedings: the defendant's motion for summary judgment shall be due on or before December 15, 2024; the plaintiff's cross-motion for summary judgment shall be due on or before January 14, 2025; the defendant's combined opposition and reply shall be due on or before February 13, 2025; and the plaintiff's reply shall be due on or before February 28, 2025. So Ordered by Judge Dabney L. Friedrich on October 16, 2024. (lcdlf3) (Entered: 10/16/2024)
2024-10-16Set/Reset Deadlines/Hearings: Cross Motions due by 1/14/2025. Response to Cross Motions due by 2/13/2025. Reply to Cross Motions due by 2/28/2025. (zjch, ) (Entered: 11/01/2024)
2024-12-1411Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 12/14/2024)
2024-12-1612MOTION for Summary Judgment by DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration Exhibits, # 5 Text of Proposed Order)(Berhane, Fithawi) (Entered: 12/16/2024)
2024-12-16MINUTE ORDER granting the parties' 11 Consent Motion for Extension of Time. The defendant shall file its motion for summary judgment on or before December 16, 2024. So Ordered by Judge Dabney L. Friedrich on December 16, 2024. (lcdlf3) (Entered: 12/16/2024)
2025-01-1413SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TY ALPER (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Ty Alper, # 2 Text of Proposed Order)(Sobel, David) (Entered: 01/14/2025)
2025-01-1414Memorandum in opposition to re 12 Motion for Summary Judgment filed by TY ALPER. (Attachments: # 1 Statement of Facts, # 2 Declaration of Ty Alper (Redacted), # 3 Text of Proposed Order)(Sobel, David) (Entered: 01/14/2025)
2025-01-1415Cross MOTION for Summary Judgment by TY ALPER. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Ty Alper (Redacted), # 4 Text of Proposed Order)(Sobel, David) (Entered: 01/14/2025)
2025-01-14MINUTE ORDER denying in part the plaintiff's 13 Motion for Leave to Seal and directing the plaintiff to file an unsealed version of [13-1] Exhibit E with all sensitive personal information redacted. So Ordered by Judge Dabney L. Friedrich on January 14, 2025 (lcdlf3). (Entered: 01/14/2025)
2025-01-1416DECLARATION of Ty Alper by TY ALPER re 12 MOTION for Summary Judgment , 15 Cross MOTION for Summary Judgment . (Sobel, David) (Entered: 01/14/2025)
2025-02-1217Consent MOTION for Extension of Time to Complete Summary Judgment Briefing by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 02/12/2025)
2025-02-12MINUTE ORDER granting the defendant's 17 Consent Motion for Extension of Time. The following schedule shall govern further proceedings: the defendant's opposition and reply shall be due on or before February 20, 2025; the plaintiff's reply shall be due on or before March 7, 2025. So Ordered by Judge Dabney L. Friedrich on February 12, 2025 (lcdlf3) (Entered: 02/12/2025)
2025-02-2018Memorandum in opposition to re 15 Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Vaughn Index, # 3 Text of Proposed Order)(Berhane, Fithawi) (Entered: 02/20/2025)
2025-02-2019REPLY to opposition to motion re 12 Motion for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Vaughn Index)(Berhane, Fithawi) (Entered: 02/20/2025)
2025-03-0620REPLY to opposition to motion re 15 Motion for Summary Judgment filed by TY ALPER. (Attachments: # 1 Declaration (Supplemental) of Ty Alper)(Sobel, David) (Entered: 03/06/2025)
2025-05-2721ORDER granting in part and denying in part the defendant's 12 Motion for Summary Judgment and granting in part and denying in part the plaintiff's 15 Cross-Motion for Summary Judgment. See text for details. The parties shall file a joint status report on or before June 3, 2025. Signed by Judge Dabney L. Friedrich on May 27, 2025 (lcdlf3). (Main Document 21 replaced on 5/27/2025) (zsmc). (Entered: 05/27/2025)
2025-05-2722MEMORANDUM OPINION regarding the parties' 12 15 Motions for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on May 27, 2025 (lcdlf3) (Entered: 05/27/2025)
2025-06-0323Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 06/03/2025)
2025-06-04MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, the Department shall process all documents and make required disclosures on or before July 7, 2025. Thereafter, the parties shall meet and confer and file a status report on or before July 14, 2025. The Court will schedule a status hearing at that point, if necessary, to set an expedited briefing schedule. So ordered by Judge Dabney L. Friedrich on June 4, 2025 (lcdlf3) (Entered: 06/04/2025)
2025-07-1424Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Berhane, Fithawi) (Entered: 07/14/2025)
2025-07-15MINUTE ORDER. Upon consideration of the 24 Joint Status Report, the Court ORDERS the parties to comply with Local Rule 7(m), which provides that parties must confer in good faith prior to the filing of non-dispositive motions. On or before July 31, 2025, the parties are directed to file a joint status report informing the Court whether the parties have resolved their dispute concerning a briefing schedule for summary judgment motions. Should the parties be unable to reach an agreement, the July 31 joint status report shall set forth three proposed dates and times for a status hearing. So ordered by Judge Dabney L. Friedrich on July 15, 2025. (lcdlf3) (Entered: 07/15/2025)
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