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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00342
Date Filed2023-02-07
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning an incident in June 2020 when FBI agents allegedly knelt in solidarity with Black Lives Matters protesters. The agency acknowledged receipt of the request and told the Heritage Foundation that it found no responsive records. The Heritage Foundation filed an administrative appeal. After hearing nothing further from the agency, the Heritage Foundation 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
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-071COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9845599) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3)(Dewey, Samuel) (Entered: 02/07/2023)
2023-02-08Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 02/08/2023)
2023-02-082SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 02/08/2023)
2023-02-083ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 02/08/23. (DM) (Entered: 02/08/2023)
2023-03-104NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 03/10/2023)
2023-03-105ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Hammond, Derek) (Entered: 03/10/2023)
2023-03-106ORDER directing parties to file joint status report on or before April 7, 2023 . Signed by Judge Colleen Kollar-Kotelly on March 10, 2023. (lcckk1) (Entered: 03/10/2023)
2023-03-10Set/Reset Deadlines: Joint Status Report due by 4/7/2023. (dot) (Entered: 03/12/2023)
2023-04-077Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 04/07/2023)
2023-04-09MINUTE ORDER: The Court is in receipt of the parties' 7 Joint Status Report. Upon consideration thereof, the parties shall file their next joint status report on or before June 6, 2023 and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on April 8, 2023. (lcckk1) (Entered: 04/09/2023)
2023-04-10Set/Reset Deadlines: Joint Status Report due by 6/6/2023 and, if necessary, every sixty days thereafter. (dot) (Entered: 04/10/2023)
2023-06-068NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Entered: 06/06/2023)
2023-06-069Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 06/06/2023)
2023-07-1310NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Derek Hammond (Venguswamy, Kartik) (Entered: 07/13/2023)
2023-08-1411Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 08/14/2023)
2023-09-1312Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 09/13/2023)
2023-10-1613Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER: The Court is in receipt of the parties' 13 Joint Status Report. Plaintiff evidently considers Defendant's pace of FOIA productions too slow and requests a status conference to discuss the matter. Without a motion for the Court's consideration, a status conference would not be productive. The Court's minute order directing rolling joint status reports stands. Pursuant to Rule 7, Plaintiff is free to move for some particular relief at any time. Signed by Judge Colleen Kollar-Kotelly on October 17, 2023. (lcckk1) (Entered: 10/17/2023)
2023-11-1614Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 11/16/2023)
2023-11-1715MOTION to Compel Production by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Text of Proposed Order)(Cornett, Eric) (Entered: 11/17/2023)
2023-11-22MINUTE ORDER: The Court is in receipt of Plaintiffs' 15 Motion to Compel Production. In light of Plaintiffs' request to compel Defendant to complete production of agency records no later than December 22, 2023, the Court sets the following briefing schedule: Defendant shall file a response on or before November 28, 2023 . Plaintiffs may file a reply on or before December 1, 2023 . Signed by Judge Colleen Kollar-Kotelly on November 22, 2023. (lcckk1) (Entered: 11/22/2023)
2023-11-22Set/Reset Deadlines: Defendant shall file a response to 15 on or before 11/28/2023. Plaintiffs may file a reply on or before 12/1/2023. (dot) (Entered: 11/22/2023)
2023-12-01MINUTE ORDER: Per the Court's November 22, 2023 Minute Order, Defendant's response to Plaintiffs' Motion to Compel was due on November 28, 2023. No response has been filed. As such, Defendant shall file a response on or before December 6, 2023 . Plaintiffs may file a reply on or before December 11, 2023 . Signed by Judge Colleen Kollar-Kotelly on December 1, 2023. (lcckk1) (Entered: 12/01/2023)
2023-12-01Set/Reset Deadlines: Defendant shall file a response on or before 12/6/2023. Plaintiffs may file a reply on or before 12/11/2023. (dot) (Entered: 12/04/2023)
2023-12-0616Memorandum in opposition to re 15 Motion to Compel filed by U.S. DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 12/06/2023)
2023-12-1217ORDER denying Plaintiffs' 15 Motion to Compel. The parties are directed to file a joint status report on or before February 19, 2024 , updating the Court as to the status of production. Signed by Judge Colleen Kollar-Kotelly on December 12, 2023. (lcckk1) (Entered: 12/12/2023)
2023-12-12Set/Reset Deadlines: Joint Status Report due by 2/19/2024, updating the Court as to the status of production. (dot) (Entered: 12/13/2023)
2024-02-2018Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 02/20/2024)
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