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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03009
Date Filed2022-10-05
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffJASON LEOPOLD
PlaintiffBLOOMBERG L.P.
Case DescriptionJournalist Jason Leopold submitted FOIA requests to the Department of Justice, the Office of the Director of National Intelligence, and the National Archives and Records Administration. Leopold submitted a FOIA request to DOJ for records concerning the search for presidential records at Mar-a-Lago. He asked for expedited processing for the request. The agency acknowledged receipt of the request and granted Leopold's request for expedited processing. He sent a second FOIA request to DOJ asking for records concerning former President Trump's claim that he had a standing order to declassify records before being sent to Mar-a-Lago. Leopold asked for expedited processing and DOJ granted his request. Leopold sent a third request to DOJ, asking for guidance provided to NARA about the records at Mar-a-Lago. He also asked for expedited processing for the third request, which was granted. Leopold submitted a FOIA request to ODNI for records concerning Trump's alleged standing order to declassify records. He also asked for expedited processing, which was granted. Leopold submitted a FOIA request to NARA for records concerning a letter from Evan Corcoran and the agency's response. He also asked for expedited processing, which was granted. Leopold submitted another FOIA request to NARA for records concerning letters sent from Congress to NARA pertaining to the presidential records issues at Mar-a-Lago. He requested expedited processing, which NARA granted. After hearing nothing further from the agencies, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-051COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9578528) filed by JASON LEOPOLD, BLOOMBERG L.P.. (Attachments: # 1 Exhibit 1-16, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 10/05/2022)
2022-10-052SEALED DOCUMENT filed by JASON LEOPOLD re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 10/05/2022)
2022-10-053LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BLOOMBERG L.P. (Topic, Matthew) (Entered: 10/05/2022)
2022-10-054NOTICE of Appearance by Matthew Topic on behalf of BLOOMBERG L.P., JASON LEOPOLD (Topic, Matthew) (Entered: 10/05/2022)
2022-10-055NOTICE of Appearance by Joshua Loevy on behalf of BLOOMBERG L.P., JASON LEOPOLD (Loevy, Joshua) (Entered: 10/05/2022)
2022-10-06Case Assigned to Judge Jia M. Cobb. (zcb, ) (Entered: 10/06/2022)
2022-10-066SUMMONS (5)( Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb, ) (Entered: 10/06/2022)
2022-11-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/19/2022 (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 10/27/2022 (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-039RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 10/20/2022 (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-0310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/20/2022. (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-0311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/6/2022. Answer due for ALL FEDERAL DEFENDANTS by 11/5/2022. (Loevy, Joshua) (Entered: 11/03/2022)
2022-11-1012NOTICE of Appearance by Julia Alexandra Heiman on behalf of All Defendants (Heiman, Julia) (Entered: 11/10/2022)
2022-11-1013Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, Nunc Pro Tunc by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 11/10/2022)
2022-11-14MINUTE ORDER re 13 Unopposed Motion for Extension of Time, Nunc Pro Tunc : Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendants are ORDERED to respond to the Complaint by November 23, 2022. Signed by Judge Jia M. Cobb on November 14, 2022. (lcjmc3) (Entered: 11/14/2022)
2022-11-2314ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Heiman, Julia) (Entered: 11/23/2022)
2022-12-0215ORDER. It is ORDERED that the parties shall confer and submit by not later than January 2, 2023, a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions to resolve this matter. See document for details. Signed by Judge Jia M. Cobb on December 2, 2022. (lcjmc3) (Entered: 12/02/2022)
2023-01-0316Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 01/03/2023)
2023-01-0417ORDER re 16 Joint Status Report: The Court has reviewed the Joint Status Report, and notes that the Parties have not agreed on a production schedule. The Court acknowledges Plaintiffs' concerns about the progress of their FOIA requests. Nonetheless, based on Defendants' representations in the Joint Status Report, the Court declines to impose Plaintiffs' requested production schedule at this juncture. The Parties are ORDERED to file another Joint Status Report by February 3, 2023, updating the Court as to the status of Plaintiffs' requests. If the Parties cannot agree on a production schedule by that date, Defendants are ORDERED to propose a specific timeline for the disclosure of all responsive records, including those from the Department of Justice Office of Legal Counsel. If, by February 3, 2023, Defendants have fallen short of the anticipated benchmarks described in the most recent Joint Status Report, they should provide an explanation, and further explain to the Court why it should not impose Plaintiffs' expedited schedule at that time. Following the Joint Status Report filed on February 3, 2023, the Parties should file Joint Status Reports every 90 days until further order of the Court. See document for further details. Signed by Judge Jia M. Cobb on January 3, 2023. (lcjmc3) (Entered: 01/04/2023)
2023-02-0318Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Plaintiffs' Proposed Order)(Heiman, Julia) (Entered: 02/03/2023)
2023-02-08MINUTE ORDER re 18 Joint Status Report: The Court has reviewed the Joint Status Report. Plaintiffs have identified a discrete legal issue, and the Court finds the public interest in resolving that issue outweighs any efficiencies that may accrue by postponing its resolution. Accordingly, the Court grants Plaintiffs' request to set a briefing schedule for partial summary judgment regarding the agencies' Glomar responses to Plaintiffs' requests for the Standing Order. Per the consensus of the Parties, the schedule is as follows: Defendants' motion for summary judgment is due by March 3, 2023. Plaintiffs' combined opposition and cross-motion for summary judgment is due by March 31, 2023. Defendants' combined reply in support of their motion and opposition to Plaintiffs' cross-motion is due by April 21, 2023. Finally, Plaintiffs' reply in support of their cross-motion is due by May 12, 2023. The Parties will continue to file joint status reports every 90 days per the Courts Scheduling Order 17 , which was issued on January 4, 2023. Signed by Judge Jia M. Cobb on February 8, 2023. (lcjmc3) (Entered: 02/08/2023)
2023-02-2119NOTICE of Appearance by Merrick Jason Wayne on behalf of BLOOMBERG L.P., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/21/2023)
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)
2023-03-0320WITHDRWAN PURSUANT TO NOTICE FILED 6/30/2023.....MOTION for Partial Summary Judgment by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Joseph E. Bender Jr., # 3 Statement of Facts, # 4 Text of Proposed Order)(Heiman, Julia) Modified on 7/6/2023 (znmw). (Entered: 03/03/2023)
2023-03-3121NOTICE of Appearance by Stephen Stich Match on behalf of BLOOMBERG L.P., JASON LEOPOLD (Match, Stephen) (Entered: 03/31/2023)
2023-03-3122WITHDRWAN PURSUANT TO NOTICE FILED 6/30/2023.....Cross MOTION for Summary Judgment by BLOOMBERG L.P., JASON LEOPOLD. (Attachments: # 1 Memorandum in Support, # 2 Declaration Leopold Decl, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Match, Stephen) Modified on 7/6/2023 (znmw). (Entered: 03/31/2023)
2023-03-3123Memorandum in opposition to re 20 Motion for Partial Summary Judgment, filed by BLOOMBERG L.P., JASON LEOPOLD. (Attachments: # 1 Declaration Leopold Decl, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Match, Stephen) (Entered: 03/31/2023)
2023-04-2124RESPONSE re 22 Cross MOTION for Summary Judgment filed by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Appendix A, # 2 Response to Statement of Undisputed Material Facts, # 3 Text of Proposed Order)(Heiman, Julia) (Entered: 04/21/2023)
2023-04-2125REPLY to opposition to motion re 20 MOTION for Partial Summary Judgment filed by OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Appendix A)(Heiman, Julia) (Entered: 04/21/2023)
2023-05-0426Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 05/04/2023)
2023-05-0827Unopposed MOTION for Extension of Time to File Reply Brief by BLOOMBERG L.P., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 05/08/2023)
2023-05-09MINUTE ORDER re 27 Unopposed Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. Plaintiffs are ORDERED to submit their Reply in Support of the Cross-Motion for Summary Judgment by May 26, 2023. Signed by Judge Jia M. Cobb on May 9, 2023. (lcjmc3) (Entered: 05/09/2023)
2023-05-2428Joint MOTION to Stay Briefing on Cross-Motions for Partial Summary Judgment by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 05/24/2023)
2023-05-26MINUTE ORDER re 28 Joint Motion to Stay Briefing on Cross-Motions for Partial Summary Judgment: Having reviewed representations made by the Parties in the Motion, the Court GRANTS the Motion. The Court ORDERS that briefing is stayed on the Cross-Motions for Summary Judgment, pending the events described in the Motion. The Parties are instructed to inform the Court when they know whether the Cross-Motions will be litigated or abandoned. The Court further clarifies that the Parties should continue to submit joint status reports per the instructions in the Scheduling Order 17 in this case. Signed by Judge Jia M. Cobb on May 26, 2023. (lcjmc3) (Entered: 05/26/2023)
2023-06-3029NOTICE OF WITHDRAWAL OF MOTION by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE re 22 Cross MOTION for Summary Judgment , 20 MOTION for Partial Summary Judgment Joint Notice of Withdrawal of Cross-Motions for Partial Summary Judgment (Heiman, Julia) (Entered: 06/30/2023)
2023-08-0230Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 08/02/2023)
2023-10-3131Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 10/31/2023)
2023-11-06MINUTE ORDER: Upon review of the Parties' Joint Status Report, the Court ORDERS the Parties to submit a joint status report by November 30, 2023. After that date, the Parties are ORDERED to submit a joint status report every 90 days until further order of this Court. Signed by Judge Jia M. Cobb on November 6, 2023. (lcjmc3) (Entered: 11/06/2023)
2023-11-3032Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 11/30/2023)
2024-02-2833Unopposed MOTION for Extension of Time to File Joint Status Report by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 02/28/2024)
2024-02-29MINUTE ORDER granting 33 Motion for Extension of Time to File: In light of the unopposed motion, and finding good cause, the motion is GRANTED. The joint status report is due March 1, 2024. Signed by Judge Jia M. Cobb on February 29, 2024. (lcjmc3) (Entered: 02/29/2024)
2024-03-0134Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. DEPARTMENT OF JUSTICE. (Heiman, Julia) (Entered: 03/01/2024)
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