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Case TitleAMERICA FIRST LEGAL FOUNDATION v. COLEY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03024
Date Filed2021-11-15
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted three FOIA requests to the Department of Justice for records concerning a variety of topics of media interest. America First Legal Foundation also requested expedited processing. The agency acknowledged receipt of the requests but denied AFL's request for expedited processing. AFL filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, AFL filed suit.

DefendantANTHONY COLEY in his official capacity as Director, Office of Public Affairs, United States Department of Justice
DefendantUNITED STATES 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
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-151COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8866864) filed by AMERICA FIRST LEGAL FOUNDATION. (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, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Civil Cover Sheet, # 18 Summons, # 19 Summons, # 20 Summons)(Mills, Christopher) (Attachment 17 replaced on 11/16/2021) (adh, ). (Entered: 11/15/2021)
2021-11-162SUMMONS (3) Issued Electronically as to ANTHONY COLEY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 11/16/2021)
2021-11-16Case Assigned to Judge Tanya S. Chutkan. (znmg) (Entered: 11/17/2021)
2021-12-143CERTIFICATE OF SERVICE by AMERICA FIRST LEGAL FOUNDATION re 1 Complaint,, 2 Summons Issued Electronically as to AUSA . (Mills, Christopher) (Entered: 12/14/2021)
2021-12-144RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/22/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/22/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 12/22/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANTHONY COLEY served on 11/22/2021. (See Docket Entry 3 to view document). (znmw) (Entered: 12/15/2021)
2021-12-225NOTICE of Appearance by Michael Joseph Gerardi on behalf of ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE (Gerardi, Michael) (Entered: 12/22/2021)
2021-12-226Partial MOTION to Dismiss by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Gerardi, Michael) (Entered: 12/22/2021)
2022-01-037Consent MOTION to Modify Briefing Schedule on Defendants' Partial Motion to Dismiss by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mills, Christopher) Modified event on 1/4/2022 (znmw). (Entered: 01/03/2022)
2022-01-05MINUTE ORDER: Granting Consent 7 Motion to Modify Deadlines. Plaintiff's Opposition to Defendants' Partial Motion to Dismiss is due 1/12/22. Defendant's Reply due 1/26/22. Signed by Judge Tanya S. Chutkan on 1/5/22. (DJS) (Entered: 01/05/2022)
2022-01-10Set/Reset Deadlines: Response to Dispositive Motion due by 1/12/2022. Reply to Dispositive Motion due by 1/26/2022. (tb) (Entered: 01/10/2022)
2022-01-128Memorandum in opposition to re 6 Partial MOTION to Dismiss filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit 1: FOIA Request, # 2 Exhibit 2: FOIA Response, # 3 Exhibit 3: Additional FOIA Response, # 4 Text of Proposed Order)(Mills, Christopher) (Entered: 01/12/2022)
2022-01-269REPLY to opposition to motion re 6 Partial MOTION to Dismiss filed by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 01/26/2022)
2022-09-3010MEMORANDUM AND OPINION re: Defendants' 6 Partial Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 09/30/2022. (lcss) (Entered: 09/30/2022)
2022-09-3011ORDER granting Defendants' 6 Partial Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 09/30/2022. (lcss) (Entered: 09/30/2022)
2022-09-30MINUTE ORDER: Defendants shall file an answer by October 21, 2022 . Signed by Judge Tanya S. Chutkan on 09/30/2022. (lcss) (Entered: 09/30/2022)
2022-10-03Set/Reset Deadlines: Answer due by 10/21/2022. (tb) (Entered: 10/03/2022)
2022-10-2112ANSWER to Complaint by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE.(Gerardi, Michael) (Entered: 10/21/2022)
2022-10-2313MINUTE ORDER: Before the court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. It is hereby ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 12/12/2022. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/23/2022. (lcja) (Entered: 10/23/2022)
2022-10-24Set/Reset Deadlines: Joint Status Report due by 12/12/2022. (tb) (Entered: 10/24/2022)
2022-12-1214Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 12/12/2022)
2022-12-13MINUTE ORDER: Plaintiff shall file an Amended Complaint no later than December 23, 2022; Defendants shall file an Answer to no later than January 6, 2023; and the parties shall file a Joint Status Report no later than January 20, 2023. The parties' Joint Status Report shall comply with the court's October 23, 2022 Minute Order, and the parties shall email a word version of the accompanying proposed order to chambers. Signed by Judge Tanya S. Chutkan on 12/13/2022. (lcja) (Entered: 12/13/2022)
2022-12-20Set/Reset Deadlines: Answer due by 1/6/2023. Joint Status Report due by 1/20/2023. (tb) (Entered: 12/20/2022)
2022-12-2115NOTICE of Appearance by Andrew Block on behalf of AMERICA FIRST LEGAL FOUNDATION (Block, Andrew) (Entered: 12/21/2022)
2022-12-2116AMENDED COMPLAINT against ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Block, Andrew) (Entered: 12/21/2022)
2023-01-0617ANSWER to 16 Amended Complaint, by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE.(Gerardi, Michael) (Entered: 01/06/2023)
2023-01-2018Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 01/20/2023)
2023-01-23MINUTE ORDER: Upon consideration of the parties' 18 joint status report, the Court ORDERS the parties to file status reports every sixty days to apprise the Court of the status of processing in this case. The first joint status report is due March 20, 2023. Signed by Judge Tanya S. Chutkan on 1/23/2023. (lcja) (Entered: 01/23/2023)
2023-01-24Set/Reset Deadlines: Joint Status Report due by 3/20/2023. (tb) (Entered: 01/24/2023)
2023-03-1719Joint MOTION for Extension of Time to File Joint Status Report by AMERICA FIRST LEGAL FOUNDATION. (Mills, Christopher) (Entered: 03/17/2023)
2023-03-20MINUTE ORDER: The parties' 19 Joint Motion for Extension of Time is hereby GRANTED. The parties next joint status report shall be due no later than April 3, 2023, and they shall continue to file joint status reports every 60 days thereafter. To the extent the parties seek a change in the status quo, any such motion or report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/20/2023. (lcja) (Entered: 03/20/2023)
2023-03-24Set/Reset Deadlines: Joint Status Report due by 4/3/2023. (tb) (Entered: 03/24/2023)
2023-04-0320Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Mills, Christopher) (Entered: 04/03/2023)
2023-05-2221Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 05/22/2023)
2023-07-2022Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 07/20/2023)
2023-09-2023Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 09/20/2023)
2023-11-2024NOTICE of Appearance by Yoseph T. Desta on behalf of All Defendants (Desta, Yoseph) (Entered: 11/20/2023)
2023-11-2025Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Desta, Yoseph) (Entered: 11/20/2023)
2024-01-1926Joint STATUS REPORT by ANTHONY COLEY, UNITED STATES DEPARTMENT OF JUSTICE. (Gerardi, Michael) (Entered: 01/19/2024)
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