Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the Department of Justice may not consolidate three cases for records concerning the events of the Jan. 6, 2021, attack on the Capitol. The cases were brought by CREW, American Oversight, and BuzzFeed reporter Jason Leopold, all of whom opposed the government's request to consolidate the cases. Mehta agreed with the plaintiffs that consolidation was inappropriate. He noted that "to begin, a comparison of the document-producing agencies reveals the markedly different scope of each case. The [Leopold] case involves a FOIA request directed at 'DOJ and its 38 components.' The other two cases involve agencies in addition to DOJ. The American Oversight action is limited to only two DOJ offices but also includes the Department of Defense, the National Guard Bureau, the U.S. Army, and the U.S. Secret Service. The CREW case involves, in addition to documents requested from DOJ, documents requested from the Department of the Interior, DOI's Park Police, the Department of Homeland Security, the Army, and DOD. Although 'identity of the parties is not a prerequisite' to consolidation, the disparate agencies involved portend disputes regarding searches and withholdings that are likely to be unique to each case." He noted that "outside some minimal overlap, the three cases will involve differently scoped searches across multiple different agencies, sub-agencies, and custodians. That reality inevitably will lead to an assortment of declarants describing varying search protocols and withholdings, should disputes arise. The court sees little efficiency to be gained when only a small sub-set of records is common among the three cases." Mehta observed that "although all three cases are in their early stages, and would benefit from a coordinated approach, consolidation is not necessary to achieve efficiencies. The same defense counsel from Main Justice has entered an appearance in all three cases, thereby ensuring that the government will take a uniform approach to these cases across the various agencies and subcomponents involved."
Issues: Litigation - Jurisdiction

Date Filed	Doc #	Docket Text
2021-03-03	1	COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8270268) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit 1-8, # 2 Exhibit 9-16, # 3 Exhibit 17-23, # 4 Civil Cover Sheet, # 5 Summons)(Topic, Matthew) (Entered: 03/03/2021)
2021-03-03	2	NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 03/03/2021)
2021-03-03	3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 03/03/2021)
2021-03-03		Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 03/03/2021)
2021-03-03	4	SUMMONS (4) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/03/2021)
2021-04-05	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/22/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-05	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 3/22/2021 (Topic, Matthew) (Entered: 04/05/2021)
2021-04-05	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/22/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-05	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2021. (Topic, Matthew) (Entered: 04/05/2021)
2021-04-14	9	NOTICE of Appearance by Bradley Thomas Craigmyle on behalf of All Defendants (Craigmyle, Bradley) (Main Document 9 replaced on 4/16/2021) (zeg). (Entered: 04/14/2021)
2021-04-14	10	ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Craigmyle, Bradley) (Entered: 04/14/2021)
2021-04-14	11	MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit CREW complaint, # 2 Exhibit American Oversight complaint, # 3 Text of Proposed Order)(Craigmyle, Bradley) (Entered: 04/14/2021)
2021-04-15	12	ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before April 29, 2021. The Joint Status Report shall include (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/15/2021. (lcapm1) (Entered: 04/15/2021)
2021-04-28	13	NOTICE of Appearance by Daniel Alexander McGrath on behalf of AMERICAN OVERSIGHT (McGrath, Daniel) (Main Document 13 replaced on 4/30/2021) (zeg). (Entered: 04/28/2021)
2021-04-28	14	Memorandum in opposition to re 11 MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration)(McGrath, Daniel) (Entered: 04/28/2021)
2021-04-28	15	NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Main Document 15 replaced on 4/30/2021) (zeg). (Entered: 04/28/2021)
2021-04-28	16	Memorandum in opposition to re 11 MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) filed by BUZZFEED INC., JASON LEOPOLD. (Topic, Matthew) Modified docket event/text on 4/30/2021 (eg). (Entered: 04/28/2021)
2021-04-29	17	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 04/29/2021)
2021-04-29	18	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Daniel Alexander McGrath terminated. (McGrath, Daniel) (Entered: 04/29/2021)
2021-04-30		MINUTE ORDER. The parties shall file an additional Joint Status Report by June 30, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 4/30/2021. (lcapm1) (Entered: 04/30/2021)
2021-05-05	19	REPLY to opposition to motion re 11 MOTION to Consolidate Cases with CREW v. DOJ, No. 1:21-cv-572 (RC) (D.D.C.), and American Oversight v. DOD, No. 1:21-cv-624 (RDM) (D.D.C.) filed by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 05/05/2021)
2021-05-24	20	MEMORANDUM OPINION AND ORDER denying Defendants' 11 Motion to Consolidate Cases. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 5/24/2021. (lcapm1) (Entered: 05/24/2021)
2021-06-30	21	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 06/30/2021)
2021-07-01		MINUTE ORDER. The parties shall file an additional Joint Status Report by August 30, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/1/2021. (lcapm1) (Entered: 07/01/2021)
2021-08-30	22	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 08/30/2021)
2021-08-30		MINUTE ORDER. The parties shall file an additional Joint Status Report by October 29, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 8/30/2021. (lcapm1) (Entered: 08/30/2021)
2021-10-28	23	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 10/28/2021)
2021-10-29		MINUTE ORDER. The parties shall file an additional Joint Status Report by January 12, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/29/2021. (lcapm1) (Entered: 10/29/2021)
2022-01-12	24	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Craigmyle, Bradley) (Entered: 01/12/2022)
2022-01-13		MINUTE ORDER. The parties shall file an additional Joint Status Report by March 14, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/13/2022. (lcapm1) (Entered: 01/13/2022)
2022-03-11	25	NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 03/11/2022)
2022-03-14	26	NOTICE OF SUBSTITUTION OF COUNSEL by Clifford Lee Reeves, II on behalf of All Defendants Substituting for attorney Bradley Craigmyle (Reeves, Clifford) (Entered: 03/14/2022)
2022-03-14	27	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Loevy, Joshua) (Entered: 03/14/2022)
2022-03-14		MINUTE ORDER. The parties shall file an additional Joint Status Report by May 16, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/14/2022. (lcapm1) (Entered: 03/14/2022)
2022-05-16	28	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 05/16/2022)
2022-05-16		MINUTE ORDER. The parties shall file an additional Joint Status Report by July 15, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/16/2022. (lcapm1) (Entered: 05/16/2022)
2022-07-15	29	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 07/15/2022)
2022-07-17		MINUTE ORDER. The parties shall file an additional Joint Status Report by September 15, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/17/2022. (lcapm1) (Entered: 07/17/2022)
2022-09-15	30	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 09/15/2022)
2022-09-16		MINUTE ORDER. The parties shall file an additional Joint Status Report by December 15, 2022, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/16/2022. (lcapm1) (Entered: 09/16/2022)
2022-12-15	31	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 12/15/2022)
2022-12-16		MINUTE ORDER. The parties shall file an additional Joint Status Report by February 15, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/16/2022. (lcapm1) (Entered: 12/16/2022)
2023-02-15	32	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 02/15/2023)
2023-02-16		MINUTE ORDER. The parties shall file an additional Joint Status Report by April 16, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 02/16/2023. (lcapm1) (Entered: 02/16/2023)
2023-02-22	33	NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/22/2023)
2023-02-22		RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-04-14	34	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 04/14/2023)
2023-04-17		MINUTE ORDER. The parties shall file an additional Joint Status Report by June 15, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 04/17/2023. (lcapm1) (Entered: 04/17/2023)
2023-04-18		Set/Reset Deadlines: Joint Status Report due by 6/15/2023. (smc) (Entered: 04/18/2023)
2023-06-15	35	Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 06/15/2023)
2023-06-16		MINUTE ORDER. The parties shall file an additional Joint Status Report by August 15, 2023, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/16/2023. (lcapm1) (Entered: 06/16/2023)
2023-08-15	36	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 08/15/2023)
2023-08-16		MINUTE ORDER. The parties shall file an additional Joint Status Report by October 17, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/16/2023. (lcapm1) (Entered: 08/16/2023)
2023-08-16		Set/Reset Deadlines: Status Report due by 10/17/2023 (zjch, ) (Entered: 08/16/2023)
2023-10-17	37	Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Wayne, Merrick) (Entered: 10/17/2023)
2023-10-18		MINUTE ORDER. The parties shall file an additional Joint Status Report on or before January 16, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/18/2023. (lcapm1) (Entered: 10/18/2023)
2024-01-16	38	Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Reeves, Clifford) (Entered: 01/16/2024)
2024-01-17		MINUTE ORDER. The parties shall file an additional Joint Status Report on or before March 19, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 01/17/2024. (lcapm1) (Entered: 01/17/2024)
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