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Case TitleEmpower Oversight Whistleblowers & Research v. U.S. Department of Justice
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2022cv00190
Date Filed2022-02-22
Date Closed2022-11-17
JudgeDistrict Judge Patricia Tolliver Giles
PlaintiffEmpower Oversight Whistleblowers & Research
Case DescriptionEmpower Oversight Whistleblowers & Research submitted two FOIA requests to the Department of Justice for records concerning whether the Attorney General Merrick Garland may have interfered with U.S. Attorney John Durham's investigation by failing to provide adequate funding. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EOWR filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. 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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-221Complaint for Declaratory And Injunctive Relief ( Filing fee $ 402, receipt number AVAEDC-8256748.), filed by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Exhibit 7-21-21 Letter, # 2 Exhibit 7-22-21 Letter, # 3 Exhibit 8-19-21 Letter, # 4 Exhibit 8-27-21 Letter, # 5 Exhibit 9-2-21 Letter, # 6 Exhibit 12-7-21 Letter, # 7 Exhibit 12-15-21 Email, # 8 Civil Cover Sheet)(Schrier, Michael) (Entered: 02/22/2022)
2022-02-222Proposed Summons re 1 Complaint, to Department of Justice by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 02/22/2022)
2022-02-223Proposed Summons re 1 Complaint, to Merrick Garland, Attorney General by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 02/22/2022)
2022-02-224Proposed Summons re 1 Complaint, to Jessica Aber, US Atty EDVA by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 02/22/2022)
2022-02-225Financial Interest Disclosure Statement (Local Rule 7.1) by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 02/22/2022)
2022-02-246Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons Notice)(swil) (Entered: 02/24/2022)
2022-03-167NOTICE of Appearance by Lauren A. Wetzler on behalf of U.S. Department of Justice (Wetzler, Lauren) (Entered: 03/16/2022)
2022-03-168MOTION for Extension of Time to File Answer (Unopposed) by U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 03/16/2022)
2022-03-169ORDER granting 8 MOTION for Extension of Time to File Answer (Unopposed). Defendant shall file its response to the Complaint on or before April 27, 2022. Signed by Magistrate Judge Ivan D. Davis on 3/16/2022. (swil) (Entered: 03/16/2022)
2022-04-2410NOTICE of Appearance by Jeffrey S. Beelaert on behalf of Empower Oversight Whistleblowers & Research (Beelaert, Jeffrey) (Entered: 04/24/2022)
2022-04-2511Second MOTION for Extension of Time to File Answer (Unopposed) by U.S. Department of Justice. (Attachments: # 1 Receipt)(Wetzler, Lauren) (Entered: 04/25/2022)
2022-04-2612ORDER granting 11 Second Motion for Extension of Time to File Answer (Unopposed). ORDERED that Defendant shall file its response to the Complaint on or before May 27, 2022. It is further ORDERED that no further extensions will be granted absent extraordinary circumstances. Signed by Magistrate Judge Ivan D. Davis on 4/26/2022. (swil) (Entered: 04/27/2022)
2022-05-0213MOTION to Withdraw as Attorney by Empower Oversight Whistleblowers & Research. (Schrier, Michael) (Entered: 05/02/2022)
2022-05-0314ORDER granting 13 Motion to Withdraw as Attorney. Attorney Michael Jay Schrier terminated. Signed by Magistrate Judge John F. Anderson on 5/3/2022. (swil) (Entered: 05/03/2022)
2022-05-2715ANSWER to Complaint by U.S. Department of Justice.(Wetzler, Lauren) (Entered: 05/27/2022)
2022-07-2916[VACATED per ECF 18] SCHEDULING ORDER: Initial Pretrial Conference set for 8/31/2022 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 12/21/2022 at 10:00 AM in Alexandria Telephonically before District Judge Patricia Tolliver Giles. Discovery due by 12/16/2022. Signed by District Judge Patricia Tolliver Giles on 07/29/22. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(pmil) Modified on 8/8/2022 (swil). (Entered: 08/01/2022)
2022-08-0217MOTION to Vacate 16 Scheduling Order, (UNOPPOSED) by U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 08/02/2022)
2022-08-0818ORDER granting 17 Motion to Vacate 16 Scheduling Order (see Order for details). Signed by District Judge Patricia Tolliver Giles on 8/8/2022. (swil) (Entered: 08/08/2022)
2022-08-1819Joint MOTION to Continue Deadlines for Filing Amended Complaint and Summary Judgment Briefing Schedule by U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Wetzler, Lauren) (Entered: 08/18/2022)
2022-08-2220ORDER granting 19 Joint Motion to Continue Deadlines for Filing Amended Complaint and Summary Judgment Briefing Schedule (see Order for details). Signed by District Judge Patricia Tolliver Giles on 8/22/2022. (swil) (Entered: 08/22/2022)
2022-09-2821Joint MOTION to Continue by Empower Oversight Whistleblowers & Research. (Attachments: # 1 Proposed Order)(Beelaert, Jeffrey) (Entered: 09/28/2022)
2022-10-0322ORDER granting 21 Joint Motion to Continue. ORDERED that Plaintiff shall file an Amended Complaint by no later than November 14, 2022. It is further ORDERED that the parties shall meet and confer after Plaintiff has filed its Amended Complaint and, by November 30, 2022, submit a proposed summary judgement briefing schedule to the Court. It is further ORDERED that no further extensions will be granted absent extraordinary circumstances. Signed by Magistrate Judge Ivan D. Davis on 10/3/2022. (swil) (Entered: 10/03/2022)
2022-11-1423STIPULATION of Dismissal by Empower Oversight Whistleblowers & Research. (Beelaert, Jeffrey) (Entered: 11/14/2022)
2022-11-1724So Ordered in re 23 Stipulation of Dismissal. IT IS HEREBY STIPULATED AND AGREED by the parties that the above-captioned action is voluntarily dismissed without prejudice, pursuant to Federal Rule of Civil Procedure 41 (a)( I )(A)(ii). Signed by District Judge Patricia Tolliver Giles on 11/17/2022. (Dest) (Entered: 11/17/2022)
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by FOIA Project Staff
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