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Case TitleAMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03029
Date Filed2022-10-06
Date Closed2023-07-18
JudgeJudge Beryl A. Howell
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted FOIA requests to the Department of Agriculture and ten other cabinet-level agencies for records concerning the agencies' strategic plans to promote voting. AFL also requested a fee waiver. The agencies acknowledged receipt of the requests and several denied AFL's request for a fee waiver and indicated that they had no responsive records. AFL filed administrative appeals of those denials. After hearing nothing further from the agencies, AFL filed suit.
Complaint issues: Litigation - Attorney's fees, Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF EDUCATION
DefendantU.S. DEPARTMENT OF ENERGY
DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 Independence Avenue, SW
Washington, DC 20201
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantU.S. DEPARTMENT OF LABOR
DefendantU.S. SMALL BUSINESS ADMINISTRATION
DefendantU.S. DEPARTMENT OF STATE
DefendantU.S. DEPARTMENT OF TRANSPORTATION
AppealD.C. Circuit 23-5173
Documents
Docket
Complaint
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Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-061COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9581909) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Civil Cover Sheet, # 38 Summons, # 39 Summons, # 40 Summons, # 41 Summons, # 42 Summons, # 43 Summons, # 44 Summons, # 45 Summons, # 46 Summons, # 47 Summons, # 48 Summons, # 49 Summons, # 50 Summons)(Ding, Michael) (Entered: 10/06/2022)
2022-10-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Ding, Michael) (Entered: 10/06/2022)
2022-10-07Case Assigned to Chief Judge Beryl A. Howell. (zcb, ) (Entered: 10/07/2022)
2022-10-073SUMMONS (13) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb, ) (Entered: 10/07/2022)
2022-10-114STANDING ORDER. Signed by Chief Judge Beryl A. Howell on October 11, 2022. (lcbah1) (Entered: 10/11/2022)
2022-11-145NOTICE of Appearance by Laurel H. Lum on behalf of All Defendants (Lum, Laurel) (Entered: 11/14/2022)
2022-11-146ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION.(Lum, Laurel) (Entered: 11/14/2022)
2022-11-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 10/13/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 10/13/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-189RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 10/13/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/14/2022. (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1811RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF LABOR served on 10/13/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1812RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 10/14/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1813RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TRANSPORTATION served on 10/13/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1814RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 10/14/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1815RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/17/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1816RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. SMALL BUSINESS ADMINISTRATION served on 10/14/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1817RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE served on 10/13/2022 (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-1818RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/14/2022. Answer due for ALL FEDERAL DEFENDANTS by 11/13/2022. (Attachments: # 1 Supplement)(Ding, Michael) (Entered: 11/18/2022)
2022-11-2819Joint MOTION to Consolidate Cases by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Lum, Laurel) (Entered: 11/28/2022)
2022-11-2820Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Lum, Laurel) (Entered: 11/28/2022)
2022-11-29MINUTE ORDER (paperless) GRANTING the parties' 19 Joint Motion to Consolidate Cases and CONSOLIDATING this case, Civil Case No. 22-3029, with America First Legal Foundation v. U.S. Dept of Treas. , Civil Case No. 22-3034, for all purposes. See LCvR 40.5 and Fed. R. Civ. P. 42. The parties are directed that all filings in these consolidated cases should be made only in Case No. 22-3029. The Clerk of Court shall close Case No. 22-3034 and transfer whatever parties are not identical to Case No. 22-3029. It is further ORDERED that the parties shall adhere to the following SCHEDULING ORDER: (1) By January 11, 2023, defendants shall file their motion for summary judgment; (2) By February 8, 2023, Plaintiff shall file any opposition; and (3) By February 22, 2023, defendants shall file any reply. Signed by Chief Judge Beryl A. Howell on November 29, 2022. (lcbah1) (Entered: 11/29/2022)
2022-11-30Set/Reset Deadlines: Defendants' motion for summary judgment due by 1/11/2023; plaintiff's opposition due by 2/8/2023; defendants' reply due by 2/22/2023. (ztg) (Entered: 11/30/2022)
2023-01-1121MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Exhibit A, SBA Declaration, # 2 Exhibit B, Sauber Declaration, # 3 Exhibit C, USDA Declaration, # 4 Exhibit D, Education Declaration, # 5 Exhibit E, DHS Declaration, # 6 Exhibit F, DOI Declaration, # 7 Exhibit G, DOL Declaration, # 8 Exhibit H, DOT Declaration, # 9 Exhibit I, Treasury Declaration, # 10 Exhibit J, VA Declaration, # 11 Exhibit K, HUD Declaration, # 12 Exhibit L, State Declaration, # 13 Exhibit M, HHS Declaration, # 14 Exhibit N, Energy Declaration, # 15 Exhibit O, EPA Declaration, # 16 Statement of Facts, # 17 Text of Proposed Order)(Lum, Laurel) (Entered: 01/11/2023)
2023-01-1922MOTION for Extension of Time to File Response/Reply by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) (Entered: 01/19/2023)
2023-01-19MINUTE ORDER (paperless) GRANTING the parties' 22 Joint Motion for Extension of Time and MODIFYING the SCHEDULING ORDER previously entered on November 29, 2022 as follows: (1)by March 1, 2023, plaintiff shall file any opposition to defendants' 21 Motion for Summary Judgment; and (2)by March 29, 2023, defendants shall file any reply. Signed by Chief Judge Beryl A. Howell on January 19, 2023. (lcbah1) (Entered: 01/19/2023)
2023-01-20Set/Reset Deadlines: Opposition to 21 Motion for Summary Judgment due by 3/1/2023; reply, if any, due by 3/29/2023. (ztg) (Entered: 01/20/2023)
2023-02-1623Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Summary Judgment by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) (Entered: 02/16/2023)
2023-02-17MINUTE ORDER (paperless) GRANTING the plaintiff's 23 Unopposed Motion for Extension of Time and MODIFYING the SCHEDULING ORDER entered on November 29, 2022 and previously modified on January 19, 2023 as follows: (1) by March 22, 2023, plaintiff shall file any opposition to defendants' 21 Motion for Summary Judgment; and (2) by April 19, 2023, defendants shall file any reply. Signed by Chief Judge Beryl A. Howell on February 17, 2023. (lcbah1) (Entered: 02/17/2023)
2023-02-21Set/Reset Deadlines: Plaintiff's opposition to 21 Motion for Summary Judgment due by 3/22/2023; defendants' reply due by 4/19/2023. (ztg) (Entered: 02/21/2023)
2023-03-2224NOTICE of Appearance by Reed Darrow Rubinstein on behalf of AMERICA FIRST LEGAL FOUNDATION (Rubinstein, Reed) (Entered: 03/22/2023)
2023-03-2225NOTICE of Appearance by Gene Hamilton on behalf of All Plaintiffs (Hamilton, Gene) (Entered: 03/22/2023)
2023-03-2226Memorandum in opposition to re 21 Motion for Summary Judgment,,,, filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Ding, Michael) (Entered: 03/22/2023)
2023-04-1027NOTICE of Appearance by Brian C. Rosen-Shaud on behalf of All Defendants (Rosen-Shaud, Brian) (Entered: 04/10/2023)
2023-04-1028Consent MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 04/10/2023)
2023-04-10MINUTE ORDER (paperless) GRANTING defendants' 28 Consent Motion for Extension of Time and DIRECTING defendants to file any reply in support of their 21 Motion for Summary Judgment by May 5, 2023. Signed by Judge Beryl A. Howell on April 10, 2023. (lcbah1) (Entered: 04/10/2023)
2023-04-11Set/Reset Deadlines: Defendants' reply in support of their 21 Motion for Summary Judgment due by 5/5/2023. (ztg) (Entered: 04/11/2023)
2023-05-0129Consent MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Rosen-Shaud, Brian) (Entered: 05/01/2023)
2023-05-02MINUTE ORDER (paperless) GRANTING defendants' 29 Consent Motion for Extension of Time and DIRECTING defendants to file any reply in support of their 21 Motion for Summary Judgment by May 12, 2023. Signed by Judge Beryl A. Howell on May 2, 2023. (lcbah1) (Entered: 05/02/2023)
2023-05-03Set/Reset Deadlines: Defendants' reply in support of 21 Motion for Summary Judgment due by 5/12/2023. (ztg) (Entered: 05/03/2023)
2023-05-1230REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Rosen-Shaud, Brian) (Entered: 05/12/2023)
2023-06-1431MOTION for Leave to File Sur-Reply by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(Ding, Michael) (Entered: 06/14/2023)
2023-06-1532Memorandum in opposition to re 31 Motion for Leave to File Sur-Reply filed by U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF LABOR, U.S. DEPARTMENT OF STATE, U.S. DEPARTMENT OF THE INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. SMALL BUSINESS ADMINISTRATION. (Rosen-Shaud, Brian) (Entered: 06/15/2023)
2023-06-20MINUTE ORDER (paperless) GRANTING, over defendants' 32 Opposition to Plaintiff's Motion for Leave to File Sur-Reply, plaintiff's 31 Motion for Leave to File Sur-Reply, to allow plaintiff to respond more fully to the arguments raised in defendants' 21 Motion for Summary Judgment and 30 Reply in Support of Motion for Summary Judgment, and the fact that the Court has discretion to permit the filing of a sur-reply, regardless of its timing. See Lu v. Lezell , 45 F. Supp. 3d 86, 91 (D.D.C. 2014) ("The decision to grant or deny leave to file a sur-reply is committed to the sound discretion of the Court." (citing American Forest & Paper Ass'n v. EPA , Case No. 93-cv-694 (RMU), 1996 WL 509601, *3 (D.D.C. Sept. 4, 1996))); Anand v. U.S. Dep't of Health & Human Servs. , Case No. 21-cv-1635 (CKK), 2022 WL 18911137, *1 (D.D.C. 2022) ("In exercising its discretion, the court should consider whether the movant's reply in fact raises arguments or issues for the first time, whether the nonmovant's proposed sur-reply would be helpful to the resolution of the pending motion, and whether the movant would be unduly prejudiced were leave to be granted."). Signed by Judge Beryl A. Howell on June 20, 2023. (lcbah1) (Entered: 06/20/2023)
2023-06-2133SURREPLY to re 31 MOTION for Leave to File Sur-Reply , 21 MOTION for Summary Judgment filed by AMERICA FIRST LEGAL FOUNDATION. (Ding, Michael) (Entered: 06/21/2023)
2023-07-1834ORDER GRANTING the defendants' 21 Motion for Summary Judgment. See Order for further details. The Clerk of the Court is directed to close this case. Signed by Judge Beryl A. Howell on July 18, 2023. (lcbah1) (Entered: 07/18/2023)
2023-07-1835MEMORANDUM OPINION regarding the defendants' 21 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on July 18, 2023. (lcbah1) (Entered: 07/18/2023)
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