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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00734
Date Filed2022-03-16
Date Closed2023-01-06
JudgeJudge Carl J. Nichols
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Department of Justice for records concerning communications between Special Counsel John Durham and Attorney General Merrick Garland. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-161COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9108658) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney for DC, # 3 Summons for US Attorney General, # 4 Summons for U.S. Department of Justice)(Burke, Lauren) (Entered: 03/16/2022)
2022-03-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Burke, Lauren) (Entered: 03/16/2022)
2022-03-18Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 03/18/2022)
2022-03-183SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 03/18/2022)
2022-03-244STANDING ORDER. Signed by Judge Carl J. Nichols on March 24, 2022. (lccjn2) (Entered: 03/24/2022)
2022-04-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/30/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/29/2022. (Attachments: # 1 Declaration of David Rothstein)(Burke, Lauren) (Entered: 04/01/2022)
2022-04-016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/30/22. (Attachments: # 1 Declaration of David Rothstein)(Burke, Lauren) (Entered: 04/01/2022)
2022-04-017RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 3/30/2022 (Attachments: # 1 Declaration of David Rothstein)(Burke, Lauren) (Entered: 04/01/2022)
2022-04-298NOTICE of Appearance by Bradley P. Humphreys on behalf of U.S. DEPARTMENT OF JUSTICE (Humphreys, Bradley) (Entered: 04/29/2022)
2022-04-299ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Humphreys, Bradley) (Entered: 04/29/2022)
2022-05-03MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before May 27, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA requests; (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 for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's requests and any discussions regarding whether Plaintiff's requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on May 3, 2022. (lccjn2) (Entered: 05/03/2022)
2022-05-03Set/Reset Deadlines: Joint Status Report due by 5/27/2022. (zcal) (Entered: 05/04/2022)
2022-05-2710Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) (Entered: 05/27/2022)
2022-05-30MINUTE ORDER. Upon review of the 10 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before July 1, 2022. Signed by Judge Carl J. Nichols on May 30, 2022. (lccjn2) (Entered: 05/30/2022)
2022-05-30Set/Reset Deadlines: Joint Status Report due by 7/1/2022. (zcal) (Entered: 05/31/2022)
2022-07-0111Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) (Entered: 07/01/2022)
2022-07-08MINUTE ORDER. Upon review of the 11 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before August 12, 2022. Signed by Judge Carl J. Nichols on July 8, 2022. (lccjn2) (Entered: 07/08/2022)
2022-07-08Set/Reset Deadlines: Joint Status Report due by 8/12/2022. (zcal) (Entered: 07/11/2022)
2022-08-1212Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) (Entered: 08/12/2022)
2022-08-16MINUTE ORDER. Upon review of the 12 Joint Status Report, it is ORDERED that the Parties shall file an updated Joint Status Report on or before August 26, 2022, including a proposal for future proceedings. Signed by Judge Carl J. Nichols on August 16, 2022. (lccjn2) (Entered: 08/16/2022)
2022-08-16Set/Reset Deadlines: Joint Status Report due by 8/26/2022. (zcal) (Entered: 08/17/2022)
2022-08-2613Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Humphreys, Bradley) (Entered: 08/26/2022)
2022-09-0114SCHEDULING ORDER. Signed by Judge Carl J. Nichols on September 1, 2022 (lccjn2). (Entered: 09/01/2022)
2022-09-01Set/Reset Deadlines: Summary Judgment Motion due by 9/30/2022. Response to Motion for Summary Judgment and Cross Motion due by 11/2/2022. Reply to Motion for Summary Judgment and Response to Cross Motion due by 11/21/2022. Reply to Cross Motion due by 12/9/2022. (zkh) (Entered: 09/01/2022)
2022-09-3015MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Statement of Facts, # 4 Text of Proposed Order)(Humphreys, Bradley) (Entered: 09/30/2022)
2022-11-0216MOTION for Extension of Time to File Plaintiff's Opposition and Cross-Motion by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 11/02/2022)
2022-11-02MINUTE ORDER. Upon review of Plaintiff's 16 Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the following modifications shall be made to the briefing schedule: Plaintiff shall file its opposition to Defendant's motion for summary judgment and cross-motion for summary judgment on or before November 9, 2022; Defendant shall file its reply and opposition to Plaintiff's cross-motion for summary judgment on or before November 30, 2022; and Plaintiff shall file its reply on or before December 20, 2022. Signed by Judge Carl J. Nichols on November 2, 2022. (lccjn2) (Entered: 11/02/2022)
2022-11-02Set/Reset Deadlines: Cross Motions due by 11/9/2022. Response to Cross Motions due by 11/30/2022. Reply to Cross Motions due by 12/20/2022. Response to Motion for Summary Judgment due by 11/9/2022. Reply to Motion for Summary Judgment due by 11/30/2022. (zcal) (Entered: 11/02/2022)
2022-11-1017Memorandum in opposition to re 15 Motion for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Burke, Lauren) (Entered: 11/10/2022)
2022-11-1018Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Burke, Lauren) (Entered: 11/10/2022)
2022-11-1019Consent MOTION for Order to Accept as Timely Filed by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 11/10/2022)
2022-11-14MINUTE ORDER. Upon review of Plaintiff's 19 Consent Motion to Accept Opposition and Cross-Motion as Timely Filed, it is ORDERED that the Motion is GRANTED. The Court accepts Plaintiff's 18 Opposition and Cross-Motion for Summary Judgment as timely filed. Signed by Judge Carl J. Nichols on November 14, 2022. (lccjn2) (Entered: 11/14/2022)
2022-11-2220Unopposed MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment , 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 11/22/2022)
2022-11-22MINUTE ORDER. Upon review of Defendant's 20 Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that the following modifications shall be made to the briefing schedule: Defendant shall file its reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before December 7, 2022; and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before December 29, 2022. Signed by Judge Carl J. Nichols on November 22, 2022. (lccjn2) (Entered: 11/22/2022)
2022-12-0721Consent MOTION to Hold in Abeyance Briefing on the Parties' Cross-Motions for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 12/07/2022)
2022-12-07MINUTE ORDER. Upon review of Defendant's 21 Consent Motion to Hold Briefing in Abeyance, it is ORDERED that the Motion is GRANTED. It is further ORDERED that, absent further direction from the Court, Defendant shall file its reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before January 6, 2023, and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before January 30, 2023. Signed by Judge Carl J. Nichols on December 7, 2022. (lccjn2) (Entered: 12/07/2022)
2022-12-07Set/Reset Deadlines: Response to Cross Motions due by 1/6/2023. Reply to Cross Motions due by 1/30/2023. Reply to Motion for Summary Judgment due by 1/6/2023. (zcam) (Entered: 12/13/2022)
2023-01-0622STIPULATION of Dismissal by JUDICIAL WATCH, INC.. (Burke, Lauren) (Entered: 01/06/2023)
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