Skip to content

Case Detail

[Subscribe to updates]
Case TitleJason Leopold et al v. Department of Justice Office of the Attorney General et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2017cv03747
Date Filed2017-05-18
Date Closed2019-10-11
JudgeJudge Consuelo B. Marshall
PlaintiffJason Leopold
PlaintiffBuzzfeed Inc.
Case DescriptionReporter Jason Leopold and BuzzFeed News submitted FOIA requests to the Department of Justice for records concerning President Trump's tweets. The FBI told Leopold and BuzzFeed News that their requests were too broad for it to search. Leopold and BuzzFeed News filed an administrative appeal with the Office of Information Policy. The National Security Division issued a Glomar response indicating that it could neither confirm nor deny the existence of records. Leopold and BuzzFeed News filed an administrative appeal of the NSD's Glomar response to the Office of Information Policy. Although other components of the Justice Department acknowledged receipt of the requests, Leopold and BuzzFeed News received no substantive response and filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Justice Office of the Attorney General
DefendantDepartment of Justice Office of the Deputy Attorney General
DefendantDepartment of Justice Office of Legal Counsel
DefendantFederal Bureau of Investigation
DefendantDepartment of Justice Civil Division
DefendantDepartment of Justice National Security Division
DefendantCentral Intelligence Agency
DefendantDepartment of Homeland Security
DefendantNational Security Agency
DefendantOffice of the Director of National Intelligence
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
Complaint attachment 15
Complaint attachment 16
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-181COMPLAINT Receipt No: 0973-19872750 - Fee: $400, filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P) (Attorney Rachel Steinback added to party Buzzfeed Inc.(pty:pla), Attorney Rachel Steinback added to party Jason Leopold(pty:pla))(Steinback, Rachel) (Entered: 05/18/2017)
2017-05-182CIVIL COVER SHEET filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Steinback, Rachel) (Entered: 05/18/2017)
2017-05-183NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Jason Leopold, Buzzfeed Inc., National Broadcasting Company. (Steinback, Rachel) (Entered: 05/18/2017)
2017-05-184NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge John E. McDermott. (esa) (Entered: 05/18/2017)
2017-05-185APPLICATION of Non-Resident Attorney Matthew V. Topic to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19877460) filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Att achments: # 1 Proposed Order, # 2 Letter of Good Standing) (Steinback, Rachel) (Entered: 05/18/2017)
2017-05-186APPLICATION of Non-Resident Attorney Nabiha B. Syed to Appear Pro Hac Vice on behalf of Plaintiffs Buzzfeed Inc., Jason Leopold (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-19877936) filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attac hments: # 1 Proposed Order, # 2 Letter of Good Standing) (Steinback, Rachel) (Entered: 05/18/2017)
2017-05-197STANDING ORDER. READ THIS ORDER CAREFULLY, IT CONTROLS THIS CASE AND MAY DIFFER IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Honorable Consuelo B Marshall. Both the Court and the attorneys bear the responsibility for the progress of litigation in this Court. To secure the just, speedy, and inexpensive determination of every action, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Fed.R.Civ.P.1. NON COMPLIANCE MAY LEAD TO THE IMPOSITION OF SANCTIONS AND INCLUDING THE STRIKING OF PLEADINGS AND ENTRY OF JUDGMENT OR DISMISSAL OF THE ACTION. (shb) (Entered: 05/19/2017)
2017-05-228Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, 1 filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Summons Requested for Central Intelligence Agency, # 2 Summons Requested for Department of Justice Office of Deputy Attorney General, # 3 Summons Requested for Department of Homeland Security, # 4 Summons Requested for Department of Justice Civil Division, # 5 Summons Requested for Federal Bureau of Investigation, # 6 Summons Requested for National Security Agency, # 7 Summons Requested for Department of Justice National Security Division, # 8 Summons Requested for Department of Justice Office of Legal Counsel, # 9 Summons Requested for Office of Director of National Intelligence)(Steinback, Rachel) (Entered: 05/22/2017)
2017-06-05930 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Central Intelligence Agency. (shb) (Entered: 06/05/2017)
2017-06-051030 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Department of Homeland Security. (shb) (Entered: 06/05/2017)
2017-06-051130 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Department of Justice Civil Division. (shb) (Entered: 06/05/2017)
2017-06-051230 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Federal Bureau of Investigation. (shb) (Entered: 06/05/2017)
2017-06-051330 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant National Security Agency. (shb) (Entered: 06/05/2017)
2017-06-051430 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Department of Justice National Security Division. (shb) (Entered: 06/05/2017)
2017-06-051530 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Department of Justice Office of Legal Counsel. (shb) (Entered: 06/05/2017)
2017-06-051630 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Office of the Director of National Intelligence. (shb) (Entered: 06/05/2017)
2017-06-051730 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Department of Justice Office of the Attorney General. (shb) (Entered: 06/05/2017)
2017-06-051830 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, 1 as to Defendant Department of Justice Office of the Deputy Attorney General. (shb) (Entered: 06/05/2017)
2017-06-2319ORDER by Judge Consuelo B. Marshall: granting 5 Non-Resident Attorney Matthew V Topic APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Jason Leopold, Buzzfeed Inc, designating Rachel Steinback as local counsel. (shb) Modified on 6/23/2017 (shb). (Entered: 06/23/2017)
2017-06-2320ORDER by Judge Consuelo B. Marshall: granting 6 Non-Resident Attorney Nabiha B. Syed APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs, Jason Leopond and Buzzfeed Inc, designating Rachel Steinback as local counsel. (shb) (Entered: 06/23/2017)
2017-06-2721NOTICE of Appearance filed by attorney Amy Powell on behalf of Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence (Attorney Amy Powell added to party Central Intelligence Agency(pty:dft), Attorney Amy Powell added to party Department of Homeland Security(pty:dft), Attorney Amy Powell added to party Department of Justice Civil Division(pty:dft), Attorney Amy Powell added to party Department of Justice National Security Division(pty:dft), Attorney Amy Powell added to party Department of Justice Office of Legal Counsel(pty:dft), Attorney Amy Powell added to party Department of Justice Office of the Attorney General(pty:dft), Attorney Amy Powell added to party Department of Justice Office of the Deputy Attorney General(pty:dft), Attorney Amy Powell added to party Federal Bureau of Investigation(pty:dft), Attorney Amy Powell added to party National Security Agency(pty:dft), Attorney Amy Powell added to party Office of the Director of National Intelligence(pty:dft))(Powell, Amy) (Entered: 06/27/2017)
2017-07-0522STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by Defendants Federal Bureau of Investigation, National Security Agency, Department of Justice Office of the Attorney General, Department of Justice Civil Division, Central Intelligence Agency, Office of the Director of National Intelligence, Department of Justice National Security Division, Department of Justice Office of the Deputy Attorney General, Department of Homeland Security, Department of Justice Office of Legal Counsel.(Powell, Amy) (Entered: 07/05/2017)
2017-07-2023ANSWER to Complaint (Attorney Civil Case Opening),, 1 filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence.(Powell, Amy) (Entered: 07/20/2017)
2017-07-2124NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening),, 23 . The following error(s) was found: Case number is incorrect or missing.: The correct case number is: 2:17-cv-03747 CBM (JEMx).. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) (Entered: 07/21/2017)
2018-04-1325MINUTE ORDER IN CHAMBERS-ORDER SETTING SCHEDULING CONFERENCE by Judge Consuelo B. Marshall: On the Court's own motion, this case is set for a Scheduling Conference on June 12, 2018 at 9:30 A. M. pursuant to FRCP 16(b). Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the Scheduling Conference. Counsel shall file a Rule 26(f) discovery plan no later than 7 days prior to the Scheduling Conference. The Rule 26(f) discovery plan shall contain the following: (see document for further details) (bm) (Entered: 04/13/2018)
2018-06-0126JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial N/A, filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence.. (Powell, Amy) (Entered: 06/01/2018)
2018-06-0127Joint STIPULATION to Vacate Scheduling Conference and Set a Date for a Status Report filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Proposed Order)(Powell, Amy) (Entered: 06/01/2018)
2018-06-0428ORDER VACATING SCHEDULING CONFERENCE CURRENTLY SET FOR JUNE 12, 2018 27 by Judge Consuelo B. Marshall, re Stipulation to Vacate 27 : NOTE CHANGES MADE BY THE COURT. IT IS HEREBY ORDERED that the scheduling conference set for June 12, 2018 is hereby VACATED; and it is further ORDERED that the parties shall submit a status report on or before July 9, 2018, proposing next steps. (bm) (Entered: 06/04/2018)
2018-07-0929STATUS REPORT jointly filed filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. (Powell, Amy) (Entered: 07/09/2018)
2018-07-2430TEXT ONLY ENTRY ORDER by Judge Consuelo B. Marshall: The Court ORDERS the parties to submit a Joint Status Report no later than September 7, 2018. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) (Entered: 07/24/2018)
2018-09-0731STATUS REPORT , filed jointly filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. (Powell, Amy) (Entered: 09/07/2018)
2018-09-1032TEXT ONLY ENTRY ORDER by Judge Consuelo B. Marshall: The Court has reviewed the Joint Status Report 31 and ORDERS the parties to file the next Joint Status Report no later than February 28, 2019. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY (Entered: 09/10/2018)
2019-02-2833STATUS REPORT jointly filed filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. (Powell, Amy) (Entered: 02/28/2019)
2019-03-1434MINUTE ORDER (IN CHAMBERS) by Judge Consuelo B. Marshall: The Court reviewed the parties joint status report and approves the dates. Therefore, the following schedule shall govern: Schedule for Defendants motion for summary judgment April 26, 2019: Defendants motion for summary judgment due May 24, 2019: Plaintiffs opposition to the motion for summary judgment due. (SEE MINUTES FOR FURTHER DETAILS) (yl) (Entered: 03/15/2019)
2019-04-2635NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. Motion set for hearing on 8/13/2019 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: # 1 Declaration of Vanessa R. Brinkmann (DOJ OIP) with exhibits, # 2 Declaration of Hirsh D. Kravitz (DOJ Civil) with exhibits, # 3 Declaration of David M. Hardy (FBI) with exhibits, # 4 Declaration of Brendan Henry (DHS I&A) with exhibits, # 5 Declaration of Antoinette B. Shiner (CIA) with exhibits, # 6 Declaration of Steven E. Thompson (NSA) with exhibits, # 7 Declaration of Patricia Gaviria (ODNI), # 8 Declaration of Amy E. Powell (counsel), # 9 Statement of Uncontroverted Facts and Conclusions of Law) (Powell, Amy) (Entered: 04/26/2019)
2019-05-2136NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiffs' opposition to motion for summary judgment and cross-motion for summary judgment filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Proposed Order Proposed Order) (Topic, Matthew) (Entered: 05/21/2019)
2019-05-2237NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Extension of Time to File Plaintiffs' opposition to motion for summary judgment and cross-motion for summary judgment 36 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): The case number is missing the judge initials. The Complete case number is 2:17-cv-03747-CBM (JEMx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 05/22/2019)
2019-05-2338ORDER by Judge Consuelo B. Marshall: Granting 36 MOTION for Extension of Time to File Briefing Schedule. IT IS HEREBY ORDERED that the briefing schedule regarding the parties' cross-motions for summary judgment is amended as follows: May 31, 2019: Plaintiff's opposition to motion for summary judgment and cross-motion for summary judgment due. June 25, 2019: Defendant's reply in support of motion for summary judgment and opposition to cross-motion for summary judgment due. July 16, 2019: Plaintiff's reply in support of cross-motion for summary judgment due. (shb) (Entered: 05/24/2019)
2019-05-3139OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims 35 Plaintiffs' Combined Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Attachments: # 1 Exhibit Plaintiffs' Statement of Genuine Disputes of Fact, # 2 Exhibit Plaintiffs' Statement of Undisputed Facts and Conclusions of Law, # 3 Proposed Order Proposed Order)(Topic, Matthew) (Entered: 05/31/2019)
2019-06-2540REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims 35 COMBINED Reply and Opposition to Plaintiffs' Cross-Motion (ECF 39) filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. (Attachments: # 1 Declaration of David M. Hardy (2nd) and Supplemental Index, # 2 Defendants' Statement of Disputes of Fact in Response to ECF No. 39-2)(Powell, Amy) (Entered: 06/25/2019)
2019-07-0341NOTICE of Change of address by Amy Powell attorney for Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. Changing attorneys address to Amy Powell, Civil Division, Department of Justice c/o U.S. Attorneys Office 125 Fayetteville St., Suite 2100 Raleigh, NC 2760. Filed by Defendants Central Intelligence Agency, Department of Homeland Security, Department of Justice Civil Division, Department of Justice National Security Division, Department of Justice Office of Legal Counsel, Department of Justice Office of the Attorney General, Department of Justice Office of the Deputy Attorney General, Federal Bureau of Investigation, National Security Agency, Office of the Director of National Intelligence. (Powell, Amy) (Entered: 07/03/2019)
2019-07-1642REPLY NOTICE OF MOTION AND MOTION for Summary Judgment as to all claims 35 Plaintiffs' Combined Reply Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiffs' Cross-Motion for Summary Judgment filed by Plaintiffs Buzzfeed Inc., Jason Leopold. (Topic, Matthew) (Entered: 07/16/2019)
2019-08-1243IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: The Court finds that Defendants Motion for summary judgment 35 , currently scheduled for hearing on August 13, 2019, is appropriate for decision without oral argument. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary on August 13, 2019. A written order will issue. (shb) (Entered: 08/12/2019)
2019-10-0844ORDER by Judge Consuelo B. Marshall: Plaintiff's motion for summary judgment is GRANTED and Defendants motion for summary judgment is DENIED on the following issues: The scope of the FBI's search; The invocation of Exemption 5 for DOJ OIP's documents at Bates Nos. 20180517-0000818-820, 20180402-0000085, 20180517-0000008, 20180517-0000074, and 20180517-0000740. FBI documents at Bates Nos. 914 and 919; DHS documents at Bates Nos. 1 and 8; The Defendants motion is GRANTED and Plaintiff's motion for summary judgment is DENIED on all other issues. (shb) (Entered: 10/10/2019)
2019-10-1045Notice of Electronic Filing re Order on Motion for Summary Judgment,, 44 e-mailed to Nabiha Syed bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY (Entered: 10/10/2019)
2019-10-1146JUDGMENT by Judge Consuelo B. Marshall: Consistent with the Court's order regarding the cross-motions for summary judgment, judgment is entered in favor of Plaintiffs regarding: (1) the scope of the FBI's search; (2) the invocation of Exemption 5 for DOJ OIP's documents at Bates Nos. 20180517-0000818-820, 20180402-0000085, 20180517-0000008, 20180517-0000074, and 20180517-0000740; FBI documents at Bates Nos. 914 and 919; and DHS documents at Bates Nos. 1 & 8.Judgment is entered in favor of Defendants on all other issues. (MD JS-6, Case Terminated). (shb) (Entered: 10/16/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar