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Case TitleLEOPOLD v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01921
Date Filed2022-07-01
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffJASON LEOPOLD
Case DescriptionJournalist Jason Leopold submitted a FOIA request to the FBI for records concerning the removal of presidential records from Mar-a-Lago. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding) and Exemption 7(E) (investigative methods or techniques). Leopold filed an administrative appeal. After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantFEDERAL BUREAU OF INVESTIGATION
935 Pennsylvania Avenue NW
Washington, DC 20535
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-011COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9345822) filed by JASON LEOPOLD. (Attachments: # 1 Exhibit Ex 1-5, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 07/01/2022)
2022-07-012SEALED DOCUMENT filed by JASON LEOPOLD(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 07/01/2022)
2022-07-013NOTICE of Appearance by Matthew Topic on behalf of JASON LEOPOLD (Topic, Matthew) (Entered: 07/01/2022)
2022-07-014NOTICE of Appearance by Joshua Loevy on behalf of JASON LEOPOLD (Loevy, Joshua) (Entered: 07/01/2022)
2022-07-05Case Assigned to Chief Judge Beryl A. Howell. (znmg) (Entered: 07/05/2022)
2022-07-055SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 07/05/2022)
2022-07-056STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 5, 2022. (lcbah1) (Entered: 07/05/2022)
2022-09-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/22/2022. (Loevy, Joshua) (Entered: 09/29/2022)
2022-10-248NOTICE of Appearance by Kevin Joseph Wynosky on behalf of All Defendants (Wynosky, Kevin) (Entered: 10/24/2022)
2022-10-249ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE.(Wynosky, Kevin) (Entered: 10/24/2022)
2022-11-0710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/7/2022 (Loevy, Joshua) (Entered: 11/07/2022)
2022-11-0711RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 10/7/2022 (Loevy, Joshua) (Entered: 11/07/2022)
2022-11-0712RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/7/22. (Loevy, Joshua) (Entered: 11/07/2022)
2022-11-0713RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/22/2022. (Loevy, Joshua) (Entered: 11/07/2022)
2022-11-0714Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 11/07/2022)
2022-11-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to submit a joint status report by December 8, 2022. Signed by Chief Judge Beryl A. Howell on November 8, 2022. (lcbah1) (Entered: 11/08/2022)
2022-11-08Set/Reset Deadlines: Joint Status Report due by 12/8/2022. (ztg) (Entered: 11/08/2022)
2022-12-0815Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 12/08/2022)
2022-12-20MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to submit a joint status report by January 20, 2023. Signed by Chief Judge Beryl A. Howell on December 20, 2022. (lcbah1) (Entered: 12/20/2022)
2022-12-21Set/Reset Deadlines: Joint Status Report due by 1/20/2023. (ztg) (Entered: 12/21/2022)
2023-01-2016Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 01/20/2023)
2023-01-23MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to submit a joint status report by February 10, 2023. Signed by Chief Judge Beryl A. Howell on January 23, 2023. (lcbah1) (Entered: 01/23/2023)
2023-01-24Set/Reset Deadlines: Joint Status Report due by 2/10/2023. (ztg) (Entered: 01/24/2023)
2023-02-1017Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 02/10/2023)
2023-02-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to submit a joint status report by February 24, 2023. Signed by Chief Judge Beryl A. Howell on February 13, 2023. (lcbah1) (Entered: 02/13/2023)
2023-02-14Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (ztg) (Entered: 02/14/2023)
2023-02-2218NOTICE of Appearance by Merrick Jason Wayne on behalf of JASON LEOPOLD (Wayne, Merrick) (Entered: 02/22/2023)
2023-02-22RESOLVED...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)
2023-02-2419Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 02/24/2023)
2023-02-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to file another joint status report by March 27, 2023. Signed by Chief Judge Beryl A. Howell on February 27, 2023. (lcbah1) (Entered: 02/27/2023)
2023-02-28Set/Reset Deadlines: Joint Status Report due by 3/27/2023. (ztg) (Entered: 02/28/2023)
2023-03-2720Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 03/27/2023)
2023-03-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, the parties to file another joint status report by May 29, 2023. Signed by Judge Beryl A. Howell on March 27, 2023. (lcbah1) (Entered: 03/27/2023)
2023-03-28Set/Reset Deadlines: Joint Status Report due by 5/29/2023. (ztg) (Entered: 03/28/2023)
2023-05-2621Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 05/26/2023)
2023-05-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, the parties to file another joint status report by July 21, 2023. Signed by Judge Beryl A. Howell on May 30, 2023. (lcbah1) (Entered: 05/30/2023)
2023-05-31Set/Reset Deadlines: Joint Status Report due by 7/21/2023. (ztg) (Entered: 05/31/2023)
2023-06-3022Unopposed MOTION to Bifurcate by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 06/30/2023)
2023-07-11MINUTE ORDER (paperless) GRANTING defendant's 22 Unopposed Motion to Bifurcate, permitting it to move for summary judgment based on the applicability of Exemption 7(A) to certain records without waiving any allegation that those records are exempt from release for other reasons. Signed by Judge Beryl A. Howell on July 11, 2023. (lcbah1) (Entered: 07/11/2023)
2023-07-2123Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 07/21/2023)
2023-07-25MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 23 Joint Status Report, to submit another joint status report by September 13, 2023. Signed by Judge Beryl A. Howell on July 25, 2023. (lcbah1) (Entered: 07/25/2023)
2023-07-26Set/Reset Deadlines: Joint Status Report due by 9/13/2023. (ztg) (Entered: 07/26/2023)
2023-09-1324Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 09/13/2023)
2023-09-14MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 24 Joint Status Report, to file a joint status report by October 13, 2023, advising the Court of the status of this matter and whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on September 14, 2023. (lcbah1) (Entered: 09/14/2023)
2023-09-15Set/Reset Deadlines: Joint Status Report due by 10/13/2023. (mac) (Entered: 09/15/2023)
2023-10-1325Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Wynosky, Kevin) (Entered: 10/13/2023)
2023-10-16MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 25 Joint Status Letter, to file, by December 15, 2023, a joint status letter, advising the Court of the status of this matter and whether any issues remain, and, if so, proposing a scheduling order. Signed by Judge Beryl A. Howell on October 16, 2023. (lcbah1) (Entered: 10/16/2023)
2023-10-18Set/Reset Deadlines: Joint Status Letter due by 12/15/2023. (mac) (Entered: 10/18/2023)
2023-11-2126NOTICE OF SUBSTITUTION OF COUNSEL by Simon G. Jerome on behalf of All Defendants Substituting for attorney Kevin Wynosky (Jerome, Simon) (Entered: 11/21/2023)
2023-12-1427Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Jerome, Simon) (Entered: 12/14/2023)
2023-12-14MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 27 Joint Status Report, to file, by January 19, 2024, a joint status report, advising the Court of the status of this matter and whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on December 14, 2023. (lcbah1) (Entered: 12/14/2023)
2023-12-15Set/Reset Deadlines: Parties Joint Status Report due by 1/19/2024. (mac) (Entered: 12/15/2023)
2024-01-1928Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF JUSTICE. (Jerome, Simon) (Entered: 01/19/2024)
2024-01-22MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 28 Joint Status Report, the following SCHEDULING ORDER: (1) by May 20, 2024, defendants shall file any motion for summary judgment; (2) by June 19, 2024, plaintiff shall file any opposition and cross-motion for summary judgment; (3) by July 19, 2024, defendants shall file any reply and opposition to plaintiff's cross-motion; and (4) by August 9, 2024, plaintiff shall file any reply in support of the cross-motion. Signed by Judge Beryl A. Howell on January 22, 2024. (lcbah1) (Entered: 01/22/2024)
2024-01-23Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 5/20/2024. Plaintiff Opposition And Cross-Motion For Summary Judgment due by 6/19/2024. Defendants Reply And Opposition To Plaintiff's Cross-Motion due by 7/19/2024. Plaintiff Reply In Support Of The Cross-Motion due by 8/9/2024. (mac) (Entered: 01/23/2024)
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