| Date Filed | Doc # | Docket Text |
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| 2022-01-04 | 1 | COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8959054) filed by FINDERS KEEPERS USA LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons Attorney General, # 5 Summons Department of Justice, # 6 Summons U.S. Attorney for D.C.)(Weismann, Anne) (Entered: 01/04/2022) |
| 2022-01-04 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FINDERS KEEPERS USA LLC (Weismann, Anne) (Entered: 01/04/2022) |
| 2022-01-07 | | Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 01/07/2022) |
| 2022-01-13 | 3 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 01/13/2022) |
| 2022-01-19 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/18/2022 (Weismann, Anne) (Entered: 01/19/2022) |
| 2022-01-19 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/18/22. (Weismann, Anne) (Entered: 01/19/2022) |
| 2022-01-19 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/18/2022. Answer due for ALL FEDERAL DEFENDANTS by 2/17/2022. (Weismann, Anne) (Entered: 01/19/2022) |
| 2022-02-16 | 7 | NOTICE of Appearance by Thomas Anthony Quinn on behalf of U.S. DEPARTMENT OF JUSTICE (Quinn, Thomas) (Entered: 02/16/2022) |
| 2022-02-17 | 8 | MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 02/17/2022) |
| 2022-02-17 | 9 | Memorandum in opposition to re 8 MOTION for Extension of Time to File Answer re 1 Complaint, filed by FINDERS KEEPERS USA LLC. (Attachments: # 1 Text of Proposed Order)(Weismann, Anne) (Entered: 02/17/2022) |
| 2022-02-18 | | MINUTE ORDER granting 8 Motion for Extension of Time to File a Response to Plaintiff's Complaint. Defendant shall respond to the complaint by March 4, 2022. The court understands Plaintiff's urgency in seeking the requested records, as well as the delays, it seems, caused by the FBI. However, it is the U.S. Attorney's Office that must respond to the complaint, and its two-week request for an extension is neither unreasonable nor will it unduly prejudice Plaintiff. Signed by Judge Amit P. Mehta on 2/18/2022. (lcapm1) (Entered: 02/18/2022) |
| 2022-03-04 | 10 | ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Quinn, Thomas) (Entered: 03/04/2022) |
| 2022-03-08 | 11 | 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 March 18, 2022. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion to 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 3/8/2022. (lcapm1) (Entered: 03/08/2022) |
| 2022-03-18 | 12 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 03/18/2022) |
| 2022-03-18 | 13 | MOTION for Order by FINDERS KEEPERS USA LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 03/18/2022) |
| 2022-03-19 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by May 3, 2022, and every 60 days thereafter, advising the court about the status of processing and producing responsive records. The court will resolve the disputed issues raised in Plaintiff's 13 motion upon completion of briefing. Signed by Judge Amit P. Mehta on 3/19/2022. (lcapm1) (Entered: 03/19/2022) |
| 2022-04-08 | 14 | REPLY to opposition to motion re 13 MOTION for Order filed by FINDERS KEEPERS USA LLC. (Weismann, Anne) (Entered: 04/08/2022) |
| 2022-04-18 | 15 | ORDER granting in part and denying in part Plaintiff's 13 Motion for Order. The court hereby orders the FBI to process Plaintiff's FOIA request at a rate of 1,000 pages per month with the first production due in 30 days and productions thereafter every 30 days; and the court further orders that the FBI provide Plaintiff all non-exempt responsive records at no cost to Plaintiff; and the court further orders that the FBI implement Plaintiff's prioritization and first process the enviroscan report and the photographs before processing the remaining documents, with the exception of the videotapes, which shall be the subject of a further order. The court, however, denies Plaintiff's demand that the FBI provide the court with an explanation of why its initial estimate of 17 responsive videotapes differs from its more recent estimate of four responsive videotapes. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/18/2022. (lcapm1) (Entered: 04/18/2022) |
| 2022-04-21 | 16 | MOTION for Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 04/21/2022) |
| 2022-04-22 | | MINUTE ORDER granting 16 Motion for Briefing Schedule and entering Defendant's proposed briefing schedule. Defendant's Motion is due on April 27, 2022; Plaintiff's Response is due by May 9, 2022; and Defendant's Reply is due by May 13, 2022. Signed by Judge Amit P. Mehta on 4/22/2022. (lcapm1) (Entered: 04/22/2022) |
| 2022-04-27 | 17 | MOTION for Scheduling Order (Video) by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Text of Proposed Order)(Quinn, Thomas) (Entered: 04/27/2022) |
| 2022-05-03 | 18 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 05/03/2022) |
| 2022-05-04 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by July 1, 2022, and every 60 days thereafter. Signed by Judge Amit P. Mehta on 5/4/2022. (lcapm1) (Entered: 05/04/2022) |
| 2022-05-09 | 19 | Memorandum in opposition to re 17 MOTION for Scheduling Order (Video) filed by FINDERS KEEPERS USA LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Weismann, Anne) (Entered: 05/09/2022) |
| 2022-05-12 | 20 | Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Scheduling Order (Video) by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 05/12/2022) |
| 2022-05-16 | | MINUTE ORDER granting 20 Motion for Extension of Time to File Response/Reply. The United States shall file its reply to Plaintiff's opposition on or before May 18, 2022. Signed by Judge Amit P. Mehta on 5/16/2022. (lcapm1) (Entered: 05/16/2022) |
| 2022-05-18 | 21 | REPLY to opposition to motion re 17 MOTION for Scheduling Order (Video) filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Quinn, Thomas) (Entered: 05/18/2022) |
| 2022-05-27 | 22 | ORDER granting in part Defendant's 17 Motion for Scheduling Order. The parties shall file a Joint Status Report by June 15, 2022, which updates the court on disclosures made on June 8, 2022, and any subsequent discussions about prioritization of processing. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 5/27/2022. (lcapm1) (Entered: 05/27/2022) |
| 2022-06-10 | 23 | MOTION for Sanctions by FINDERS KEEPERS USA LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 06/10/2022) |
| 2022-06-10 | 24 | MOTION for Discovery by FINDERS KEEPERS USA LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 06/10/2022) |
| 2022-06-15 | 25 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Quinn, Thomas) (Entered: 06/15/2022) |
| 2022-06-15 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by July 15, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 6/15/2022. (lcapm1) (Entered: 06/15/2022) |
| 2022-06-15 | | Set/Reset Deadlines: Joint Status Report due by 7/15/2022. (smc) (Entered: 06/16/2022) |
| 2022-06-23 | 26 | Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Discovery , 23 MOTION for Sanctions by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 06/23/2022) |
| 2022-06-24 | | MINUTE ORDER granting 26 Unopposed Motion for Extension of Time to File Response/Reply as to 24 Motion for Discovery, 23 Motion for Sanctions. Defendant's Response is due on or before July 1, 2022. Signed by Judge Amit P. Mehta on 6/24/2022. (lcapm1) (Entered: 06/24/2022) |
| 2022-07-01 | 27 | Memorandum in opposition to re 24 MOTION for Discovery filed by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 07/01/2022) |
| 2022-07-01 | 28 | Memorandum in opposition to re 23 MOTION for Sanctions filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Quinn, Thomas) (Entered: 07/01/2022) |
| 2022-07-08 | 29 | REPLY to opposition to motion re 23 MOTION for Sanctions filed by FINDERS KEEPERS USA LLC. (Weismann, Anne) (Entered: 07/08/2022) |
| 2022-07-08 | 30 | REPLY to opposition to motion re 24 MOTION for Discovery filed by FINDERS KEEPERS USA LLC. (Weismann, Anne) (Entered: 07/08/2022) |
| 2022-07-15 | 31 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 07/15/2022) |
| 2022-07-17 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by August 19, 2022, which 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) |
| 2022-08-15 | | MINUTE ORDER denying without prejudice Plaintiff's 24 Motion for Discovery and Plaintiff's 23 Motion for Sanctions. As to Plaintiff's request for discovery, in FOIA cases, "courts may order limited discovery where there is evidence -- either at the affidavit stage or (in rarer cases) before -- that the agency acted in bad faith in conducting the search. In re Clinton, 973 F.3d 106, 113 (D.C. Cir. 2020). This is not the unusual case in which discovery before the affidavit stage is warranted. At a minimum Plaintiff's request is premature. The court cannot make a proper assessment of the agency's good or bad faith as to its search efforts at least until Defendant has produced the recently uncovered video clips and Defendant has submitted final affidavits explaining the full extent of its search (including, possibly, one from the videographer at the scene of the Dent's Run excavation). See Shapiro v. U.S. Dep't of Just., 40 F.4th 609, 615 (D.C. Cir. 2022) (stating that, even when an agency's affidavit is inadequate to support summary judgment, "the appropriate remedy is usually to allow the agency to submit further affidavits rather than to order discovery" (internal quotation marks omitted)). For these same reasons, the court denies Plaintiff's request for sanctions. Signed by Judge Amit P. Mehta on 8/15/2022. (lcapm1) (Entered: 08/15/2022) |
| 2022-08-19 | 32 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 08/19/2022) |
| 2022-08-21 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by September 23, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 8/21/2022. (lcapm1) (Entered: 08/21/2022) |
| 2022-09-23 | 33 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 09/23/2022) |
| 2022-09-26 | | MINUTE ORDER. The parties shall file an additional Joint Status Report by October 28, 2022, which updates the court on the processing and production of responsive information. Defendant shall endeavor in good faith to produce the 35 high-resolution photographs requested by Plaintiff by October 26, 2022. Signed by Judge Amit P. Mehta on 9/26/2022. (lcapm1) (Entered: 09/26/2022) |
| 2022-10-28 | 34 | Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 10/28/2022) |
| 2022-11-07 | 35 | ORDER entering the following schedule for further proceedings in this matter: (1) Defendant's Motion for Summary Judgment shall be filed on or before December 21, 2022; (2) Plaintiff's Opposition to Defendant's Motion shall be filed on or before January 11, 2023; and (3) Defendant's Reply shall be filed on or before February 1, 2023. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/7/2022. (lcapm1) (Entered: 11/07/2022) |
| 2022-12-21 | 36 | MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Statement of Facts, # 5 Text of Proposed Order)(Quinn, Thomas) (Entered: 12/21/2022) |
| 2022-12-21 | 37 | NOTICE of Filing of Exhibit by U.S. DEPARTMENT OF JUSTICE re 36 Motion for Summary Judgment (Attachments: # 1 Exhibit)(Quinn, Thomas) (Entered: 12/21/2022) |
| 2023-01-11 | 38 | Memorandum in opposition to re 36 Motion for Summary Judgment filed by FINDERS KEEPERS USA LLC. (Attachments: # 1 Exhibit A - Q, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 01/11/2023) |
| 2023-01-11 | 39 | Cross MOTION for Partial Summary Judgment by FINDERS KEEPERS USA LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Q, # 3 Statement of Facts, # 4 Text of Proposed Order)(Weismann, Anne) (Entered: 01/11/2023) |
| 2023-01-31 | 40 | Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment , 39 Cross MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Quinn, Thomas) (Entered: 01/31/2023) |
| 2023-02-01 | 41 | ORDER granting 40 Motion for Extension of Time to File Response/Reply. Defendant's Consolidated Opposition and Reply Brief shall be filed on or before February 10, 2023. Plaintiff's Reply Brief shall be filed on or before February 24, 2023. See attached Order for additional details. Signed by Judge Amit P. Mehta on 1/31/2023. (lcapm1) (Entered: 02/01/2023) |
| 2023-02-10 | 42 | REPLY to opposition to motion re 36 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 02/10/2023) |
| 2023-02-10 | 43 | Memorandum in opposition to re 39 Motion for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Quinn, Thomas) (Entered: 02/10/2023) |
| 2023-02-22 | 44 | REPLY to opposition to motion re 39 Cross MOTION for Partial Summary Judgment filed by FINDERS KEEPERS USA LLC. (Weismann, Anne) (Entered: 02/22/2023) |
| 2023-07-18 | 45 | NOTICE of Appearance by Benton Gregory Peterson on behalf of U.S. DEPARTMENT OF JUSTICE (Peterson, Benton) (Entered: 07/18/2023) |
| 2023-09-27 | 46 | MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 36 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 39 Cross-Motion for Partial Summary Judgment. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 09/27/2023. (lcapm2) (Entered: 09/27/2023) |
| 2023-11-10 | 47 | Joint STATUS REPORT by FINDERS KEEPERS USA LLC. (Weismann, Anne) (Entered: 11/10/2023) |
| 2023-11-13 | | MINUTE ORDER. (1) Defendant's Renewed Motion for Summary Judgment shall be filed on or before December 19, 2023; (2) Plaintiff's Opposition and Renewed Cross Motion for Summary Judgment shall be filed on or before January 8, 2024; (3) Defendant's Opposition and Reply shall be filed on or before January 22, 2024; and (4) Plaintiff's Reply shall be filed on or before January 29, 2024. Signed by Judge Amit P. Mehta on 11/13/2023. (lcapm1) (Entered: 11/13/2023) |
| 2023-12-19 | 48 | Unopposed MOTION for Extension of Time to File by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 12/19/2023) |
| 2023-12-20 | | MINUTE ORDER granting 48 Unopposed Motion for Extension of Time to File Renewed Motion for Summary Judgment. Defendant shall file a Renewed Motion for Summary Judgment on or before January 10, 2024. Plaintiff's Opposition and Renewed Cross Motion for Summary Judgment shall be filed on or before January 29, 2024. Defendant's Opposition and Reply shall be filed on or before February 22, 2024. Plaintiff's Reply shall be filed on or before March 7, 2024. Signed by Judge Amit P. Mehta on 12/20/2023. (lcapm1) (Entered: 12/20/2023) |
| 2024-01-10 | 49 | MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 01/10/2024) |
| 2024-01-29 | 50 | Memorandum in opposition to re 49 Motion for Summary Judgment filed by FINDERS KEEPERS USA LLC. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Weismann, Anne) (Entered: 01/29/2024) |
| 2024-01-29 | 51 | Cross MOTION for Partial Summary Judgment by FINDERS KEEPERS USA LLC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Weismann, Anne) (Entered: 01/29/2024) |
| 2024-02-19 | 52 | Unopposed MOTION for Extension of Time to by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/19/2024) |
| 2024-02-20 | | MINUTE ORDER granting Defendant's Unopposed 52 Motion for Extension of Time. Defendant's Opposition and Reply shall be filed on or before February 29, 2024, and Plaintiff's Reply shall be filed on or before March 14, 2024. Signed by Judge Amit P. Mehta on 02/20/2024. (lcapm1) (Entered: 02/20/2024) |
| 2024-02-20 | | Set/Reset Deadlines: Defendant's Opposition and Reply shall be filed on or before February 29, 2024, and Plaintiff's Reply shall be filed on or before March 14, 2024. (smc) (Entered: 02/20/2024) |
| 2024-02-27 | 53 | MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF JUSTICE. (Peterson, Benton) (Entered: 02/27/2024) |
| 2024-02-28 | | MINUTE ORDER granting Defendant's 53 Motion for Extension. Having shown good cause, and noting Plaintiff's opposition, the court extends the deadline to file its opposition and reply brief to March 7, 2024. Signed by Judge Amit P. Mehta on 02/28/2024. (lcapm1) Modified to add signed by on 2/28/2024 (smc). (Entered: 02/28/2024) |
| 2024-02-28 | | Set/Reset Deadlines: Defendant's opposition and reply brief due by 3/7/2024. (hmc) (Entered: 02/28/2024) |
| 2024-03-07 | 54 | Memorandum in opposition to re 51 Motion for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 03/07/2024) |
| 2024-03-07 | 55 | REPLY to opposition to motion re 51 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts)(Peterson, Benton) (Entered: 03/07/2024) |
| 2024-03-13 | 56 | REPLY to opposition to motion re 51 Cross MOTION for Partial Summary Judgment filed by FINDERS KEEPERS USA LLC. (Weismann, Anne) (Entered: 03/13/2024) |
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