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Case TitleADVANCE PUBLICATIONS, INC. et al v. EXECUTIVE OFFICE FOR U.S. ATTORNEYS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01014
Date Filed2023-04-11
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffADVANCE PUBLICATIONS, INC.
PlaintiffASSOCIATED PRESS
PlaintiffCABLE NEWS NETWORK, INC.
PlaintiffCBS BROADCASTING INC.
PlaintiffE.W. SCRIPPS COMPANY
PlaintiffGANNETT CO., INC.
PlaintiffPOLITICO LLC
PlaintiffPRO PUBLICA, INC.
PlaintiffNEW YORK TIMES COMPANY
Case DescriptionAdvanced Publications and a coalition of media groups submitted FOIA requests to the Executive Office for U.S. Attorneys and the FBI for records concerning closed-circuit video recorded on January 6, 2021, at the U.S. Capitol. Advanced Publications also requested expedited processing. The agencies acknowledged receipt of the requests. EOUSA granted the media coalition expedited processing. The FBI told the media coalition that it did not have any responsive records. The media coalition filed an administrative appeal challenging the FBI's no records response. After hearing nothing further from either agency, the media coalition filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantEXECUTIVE OFFICE FOR U.S. ATTORNEYS
DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-121COMPLAINT against EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Fee Status:Filing Fee Waived) filed by GANNETT CO., INC., CABLE NEWS NETWORK, INC., POLITICO LLC, PRO PUBLICA, INC., ADVANCE PUBLICATIONS, INC., CBS BROADCASTING INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet, # 10 AG Summons, # 11 EOUSA Summons, # 12 FBI Summons, # 13 USAO Summons)(Tobin, Charles) (Entered: 04/12/2023)
2023-04-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ADVANCE PUBLICATIONS, INC., CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., GANNETT CO., INC., POLITICO LLC, PRO PUBLICA, INC., THE ASSOCIATED PRESS, THE E.W. SCRIPPS COMPANY, THE NEW YORK TIMES COMPANY (Tobin, Charles) (Entered: 04/12/2023)
2023-04-12Case Assigned to Judge Amit P. Mehta. (zrtw) (Entered: 04/12/2023)
2023-04-123SUMMONS (4) Issued Electronically as to EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 04/12/2023)
2023-04-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/13/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/13/2023. (Tobin, Charles) (Entered: 04/17/2023)
2023-05-155NOTICE of Appearance by Samuel Rebo on behalf of All Defendants (Rebo, Samuel) (Entered: 05/15/2023)
2023-05-156ANSWER to Complaint by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION.(Rebo, Samuel) (Entered: 05/15/2023)
2023-05-167ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 30, 2023. The Joint Status Report shall include (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order. Signed by Judge Amit P. Mehta on 05/16/2023. (lcapm3) (Entered: 05/16/2023)
2023-05-16Set/Reset Deadlines: Joint Status Report due by 5/30/2023. (smc) (Entered: 05/16/2023)
2023-05-308Joint STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Rebo, Samuel) (Entered: 05/30/2023)
2023-05-31MINUTE ORDER. The parties shall file an additional Joint Status Report by June 13, 2023, which updates the court on the processing and production of responsive records. The parties shall indicate in the Joint Status Report whether a status conference will be needed. Signed by Judge Amit P. Mehta on 05/31/2023. (lcapm3) (Entered: 05/31/2023)
2023-06-139Joint STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rebo, Samuel) (Entered: 06/13/2023)
2023-06-26NOTICE of Hearing: Status Conference set for 6/26/2023 at 10:00 AM via videoconference before Judge Amit P. Mehta. (zjd) (Entered: 06/26/2023)
2023-06-26MINUTE ORDER. Defendant EOUSA's motion for summary judgment shall be due on or before July 25, 2023. Plaintiffs' opposition and any cross motion for summary judgment shall be due on or before August 15, 2023. Defendant EOUSA's reply in support of its motion and opposition to plaintiffs' cross motion shall be due on or before August 29, 2023. Plaintiffs' reply in support of their cross motion shall be due on or before September 5, 2023. The parties shall also file a Joint Status Report updating the court on the status of the issues discussed at the June 26, 2023, status conference related to litigation against Defendant FBI, which shall be due on or before July 25, 2023. Signed by Judge Amit P. Mehta on 06/26/2023. (lcapm3) (Entered: 06/26/2023)
2023-06-26Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 6/26/2023. (Court Reporter: William Zaremba) (zjd) (Entered: 06/26/2023)
2023-07-1010TRANSCRIPT OF STATUS CONFERENCE VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on June 26, 2023; Page Numbers: 1-21. Date of Issuance: July 10, 2023. Court Reporter/Transcriber: William P. Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/31/2023. Redacted Transcript Deadline set for 8/10/2023. Release of Transcript Restriction set for 10/8/2023.(wz) (Entered: 07/10/2023)
2023-07-2511NOTICE of Appearance by Kristina Ann Wolfe on behalf of EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION (Wolfe, Kristina) (Entered: 07/25/2023)
2023-07-2512Joint STATUS REPORT by EXECUTIVE OFFICE FOR U.S. ATTORNEYS, FEDERAL BUREAU OF INVESTIGATION. (Rebo, Samuel) (Entered: 07/25/2023)
2023-07-2513MOTION for Summary Judgment by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Justin P. Wilkinson, # 3 Declaration Exhibit A (Declaration of Jennifer Leigh Blackwell), # 4 Declaration Exhibit B (Declaration of Thomas A. DiBiase), # 5 Declaration Exhibit C (April 25, 2023 Final Response Letter), # 6 Statement of Facts, # 7 Text of Proposed Order)(Rebo, Samuel) (Entered: 07/25/2023)
2023-07-28MINUTE ORDER. The court will hold this matter in abeyance as it relates to the FBI. It remains unclear what Plaintiffs gain by the FBI's presence in this action. If the court were to reject the exemptions that EOUSA has asserted, then Plaintiffs will receive the videos they seek. On the other hand, if the court were to agree with EOUSA's exemptions, then the same ruling would apply to the FBI. The court therefore declines to impose a summary judgment schedule for the FBI at this time. Signed by Judge Amit P. Mehta on 07/28/2023. (lcapm3) (Entered: 07/28/2023)
2023-08-1514Memorandum in opposition to re 13 Motion for Summary Judgment, filed by ADVANCE PUBLICATIONS, INC., ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., NEW YORK TIMES COMPANY, POLITICO LLC, PRO PUBLICA, INC.. (Attachments: # 1 Counter-Statement of Undisputed Facts, # 2 Tobin Decl., # 3 Exhibit 1 - Parler article excerpt, # 4 Exhibit 2 - AFO #91 screenshot, # 5 Exhibit 3 - AOM #174 & #175 screenshot, # 6 Exhibit 4 - CNN screenshots, # 7 Exhibit 5 - CSPAN screenshots, # 8 Exhibit 6 - Select Committee New Footage screenshots, # 9 Exhibit 7 - Select Committee Hearing screenshots, # 10 Exhibit 8 - Screenshots from 3-6-23 Tucker Carlson show, # 11 Exhibit 9 - Screenshots from 3-7-23 Tucker Carlson show, # 12 Exhibit 10 - Screenshots from 3-21-23 Tucker Carlson show, # 13 Exhibit 11 - Politico article, # 14 Exhibit 12 - Green tweet, # 15 Exhibit 13 - TheFirstonTV tweet, # 16 Exhibit 14 - Clay and Buck article, # 17 Exhibit 15 - Screenshots from Pelosi evacuation video, # 18 Exhibit 16 - Screenshots from Capitol door opened video, # 19 Exhibit 17 - Screenshots from Epoch Times article, # 20 Exhibit 18 - Who is Michael Jones article, # 21 Exhibit 19 - Screenshots from Epoch Times documentary, # 22 Exhibit 20 - Motion to Compel Inventory & Production - US v. Pope, # 23 Proposed Order)(Tobin, Charles) (Entered: 08/15/2023)
2023-08-1515Cross MOTION for Summary Judgment by ADVANCE PUBLICATIONS, INC., ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., NEW YORK TIMES COMPANY, POLITICO LLC, PRO PUBLICA, INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Tobin Decl., # 4 Exhibit 1 - Parler article excerpt, # 5 Exhibit 2 - AFO #91 screenshot, # 6 Exhibit 3 - AOM #174 & #175 screenshot, # 7 Exhibit 4 - CNN screenshots, # 8 Exhibit 5 - CSPAN screenshots, # 9 Exhibit 6 - Select Committee New Footage screenshots, # 10 Exhibit 7 - Select Committee Hearing screenshots, # 11 Exhibit 8 - Screenshots from 3-6-23 Tucker Carlson show, # 12 Exhibit 9 - Screenshots from 3-7-23 Tucker Carlson show, # 13 Exhibit 10 - Screenshots from 3-21-23 Tucker Carlson show, # 14 Exhibit 11 - Politico article, # 15 Exhibit 12 - Green tweet, # 16 Exhibit 13 - TheFirstonTV tweet, # 17 Exhibit 14 - Clay and Buck article, # 18 Exhibit 15 - Screenshots from Pelosi evacuation video, # 19 Exhibit 16 - Screenshots from Capitol door opened video, # 20 Exhibit 17 - Screenshots from Epoch Times article, # 21 Exhibit 18 - Who is Michael Jones article, # 22 Exhibit 19 - Screenshots from Epoch Times documentary, # 23 Exhibit 20 - Motion to Compel Inventory & Production - US v. Pope, # 24 Proposed Order)(Tobin, Charles) (Entered: 08/15/2023)
2023-08-2916RESPONSE re 15 Cross MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Attachments: # 1 Statement of Facts Response, # 2 Text of Proposed Order)(Rebo, Samuel) (Entered: 08/29/2023)
2023-08-2917REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Rebo, Samuel) (Entered: 08/29/2023)
2023-09-0518MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Paul J. Safier, Filing fee $ 100, receipt number ADCDC-10327233. Fee Status: Fee Paid. by ADVANCE PUBLICATIONS, INC., ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., NEW YORK TIMES COMPANY, POLITICO LLC, PRO PUBLICA, INC.. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Tobin, Charles) (Entered: 09/05/2023)
2023-09-0519REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by ADVANCE PUBLICATIONS, INC., ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., NEW YORK TIMES COMPANY, POLITICO LLC, PRO PUBLICA, INC.. (Tobin, Charles) (Entered: 09/05/2023)
2023-09-06MINUTE ORDER granting 18 Motion for Leave to Appear Pro Hac Vice. Attorney Paul J. Safier is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 09/6/2023. (lcapm3) (Entered: 09/06/2023)
2023-09-0720NOTICE of Appearance by Paul J. Safier on behalf of ADVANCE PUBLICATIONS, INC., ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., NEW YORK TIMES COMPANY, POLITICO LLC, PRO PUBLICA, INC. (Safier, Paul) (Entered: 09/07/2023)
2023-11-2021MEMORANDUM re 15 Cross MOTION for Summary Judgment filed by PRO PUBLICA, INC., E.W. SCRIPPS COMPANY, CABLE NEWS NETWORK, INC., NEW YORK TIMES COMPANY, ADVANCE PUBLICATIONS, INC., POLITICO LLC, ASSOCIATED PRESS, GANNETT CO., INC., CBS BROADCASTING INC. by ADVANCE PUBLICATIONS, INC., ASSOCIATED PRESS, CABLE NEWS NETWORK, INC., CBS BROADCASTING INC., E.W. SCRIPPS COMPANY, GANNETT CO., INC., NEW YORK TIMES COMPANY, POLITICO LLC, PRO PUBLICA, INC.. (Tobin, Charles) (Entered: 11/20/2023)
2023-11-2122RESPONSE re 21 Memorandum, filed by EXECUTIVE OFFICE FOR U.S. ATTORNEYS. (Wolfe, Kristina) (Entered: 11/21/2023)
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