Skip to content

Case Detail

[Subscribe to updates]
Case TitleHERITAGE FOUNDATION et al v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00589
Date Filed2023-03-03
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the National Archives and Records Administration for records concerning communications sent to or from NARA concerning the Obama-Biden classified records. The Heritage Foundation requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and provided the Heritage Foundation with a partial response that included 74 pages with redactions under Exemption 6 (invasion of privacy) and Exemption 7(E) (investigative methods and techniques). The Heritage Foundation concluded the response did not constitute a determination under FOIA and declined to file an administrative appeal, filing suit instead.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
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

2023-03-031COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9901217) 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: 03/03/2023)
2023-03-06Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 03/06/2023)
2023-03-062STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 3/6/2023. (lctnm3) (Entered: 03/06/2023)
2023-03-073SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 03/07/2023)
2023-04-064NOTICE of Appearance by Kevin Joseph Wynosky on behalf of All Defendants (Wynosky, Kevin) (Entered: 04/06/2023)
2023-04-065ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Wynosky, Kevin) (Entered: 04/06/2023)
2023-04-06MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 5, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/6/2023. (lctnm3) (Entered: 04/06/2023)
2023-04-07Set/Reset Deadlines: Joint Status Report due by 6/5/2023. (hmc) (Entered: 04/07/2023)
2023-06-056Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Wynosky, Kevin) (Entered: 06/05/2023)
2023-06-06MINUTE ORDER: After considering the 6 Joint Status Report, the parties are hereby ORDERED to file another JSR on or before July 7, 2023 informing the Court about the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/6/2023. (lctnm3) (Entered: 06/06/2023)
2023-06-06Set/Reset Deadlines: Joint Status Report due by 7/7/2023. (hmc) (Entered: 06/06/2023)
2023-07-077Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Wynosky, Kevin) (Entered: 07/07/2023)
2023-07-10MINUTE ORDER: After considering the 7 Joint Status Report, the parties are ORDERED to file another JSR on or before August 9, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/10/2023. (lctnm3) (Entered: 07/10/2023)
2023-07-10Set/Reset Deadlines: Joint Status Report due by 8/9/2023. (hmc) (Entered: 07/10/2023)
2023-08-098Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Wynosky, Kevin) (Entered: 08/09/2023)
2023-08-10MINUTE ORDER: Having considered the 8 Joint Status Report, the Court ORDERS the parties to file another JSR no later than September 6, 2023, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/10/2023. (lctnm3) (Entered: 08/10/2023)
2023-09-069Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Wynosky, Kevin) (Entered: 09/06/2023)
2023-09-06MINUTE ORDER: Having considered the parties' 9 Joint Status Report, the Court ORDERS the parties to submit another JSR on or before October 6, 2023, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/6/2023. (lctnm3) (Entered: 09/06/2023)
2023-10-0610Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Wynosky, Kevin) (Entered: 10/06/2023)
2023-10-06MINUTE ORDER: Having considered the parties' 10 Joint Status Report, the Court ORDERS the parties to submit another JSR on or before November 7, 2023, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/6/2023. (lctnm3) (Entered: 10/06/2023)
2023-11-0711Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Wynosky, Kevin) (Entered: 11/07/2023)
2023-11-07MINUTE ORDER: Having considered the parties' 11 Joint Status Report, the Court ORDERS the parties to submit another JSR on or before December 8, 2023, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/7/2023. (lctnm3) (Entered: 11/07/2023)
2023-11-1612NOTICE OF SUBSTITUTION OF COUNSEL by Ross McNeill Slaughter on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Kevin Wynosky (Slaughter, Ross) (Entered: 11/16/2023)
2023-12-0713Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 12/07/2023)
2023-12-08MINUTE ORDER: The Court ORDERS the parties to file another Joint Status Report on or before January 8, 2024, detailing for the Court the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/8/2023. (lctnm3) (Entered: 12/08/2023)
2024-01-0814Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 01/08/2024)
2024-01-08MINUTE ORDER: Having considered the 14 Joint Status Report, the Court ORDERS the parties to file a further JSR on or before February 8, 2024, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/8/2024. (lctnm3) (Entered: 01/08/2024)
2024-02-0815Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 02/08/2024)
2024-02-09MINUTE ORDER: In light of the 15 Joint Status Report, the Court ORDERS the parties to submit a further JSR on or before March 8, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/9/2024. (lctnm3) (Entered: 02/09/2024)
2024-03-0816Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 03/08/2024)
2024-03-08MINUTE ORDER: In light of the 16 Joint Status Report, the Court ORDERS the parties to submit a further JSR on or before April 8, 2024. SO ORDERED . Signed by Judge Trevor N. McFadden on 3/8/2024. (lctnm3) (Entered: 03/08/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar