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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01041
Date Filed2023-04-13
Date Closed2024-01-25
JudgeJudge Ana C. Reyes
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionHeritage Foundation submitted a FOIA request to the Department of Defense for records concerning diners at the White House mess. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. The agency told the Heritage Foundation that its request was too broad to conduct a search. The Heritage Foundation filed an administrative appeal but after hearing nothing further from the agency, 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 DEFENSE
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-131COMPLAINT against U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 402 receipt number ADCDC-9998688) 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, # 8 Exhibit 4, # 9 Exhibit 5)(Dewey, Samuel) (Entered: 04/13/2023)
2023-04-14Case Assigned to Judge Ana C. Reyes. (zcb) (Entered: 04/14/2023)
2023-04-142SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 04/14/2023)
2023-05-173NOTICE of Appearance by Douglas C. Dreier on behalf of U.S. DEPARTMENT OF DEFENSE (Dreier, Douglas) (Entered: 05/17/2023)
2023-05-174ANSWER to Complaint by U.S. DEPARTMENT OF DEFENSE.(Dreier, Douglas) (Entered: 05/17/2023)
2023-05-19MINUTE ORDER: Plaintiffs filed this Freedom of Information Act ("FOIA") action on April 13, 2023. Dkt 1. Defendant filed its Answer on May 17, 2023. Dkt. 4. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before May 31, 2023. The Joint Status Report should address, among other things: (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 Plaintiffs; (4) whether a motion for a 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. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 5/19/2023. (lcjo) Modified on 5/22/2023 (zcdw). (Entered: 05/19/2023)
2023-05-22Set/Reset Deadlines/Hearings: Joint Status Report due by 5/31/2023. (zcdw) (Entered: 05/22/2023)
2023-05-315Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/31/2023)
2023-06-02MINUTE ORDER. Upon consideration of the parties' 5 Joint Status Report, and the entire record, it is ORDERED that the parties shall file a further joint status report or before June 30, 2023, apprising the Court of the status of this case and proposing a briefing schedule governing dispositive motions, if necessary. Signed by Judge Ana C. Reyes on 6/2/2023. (lcjo) (Entered: 06/02/2023)
2023-06-04Set/Reset Deadlines/Hearings: Joint Status Report due by 6/30/2023. (zcdw) (Entered: 06/04/2023)
2023-06-07ENTERED IN ERROR........MINUTE ORDER: Upon consideration of the parties' 36 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report or before June 22, 2023. Signed by Judge Ana C. Reyes on 6/7/23. (lcas) Modified on 6/7/2023 (zcdw). (Entered: 06/07/2023)
2023-06-306Joint STATUS REPORT by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/30/2023)
2023-07-05MINUTE ORDER. Upon consideration of the parties' 6 Joint Status Report, it is ORDERED that Defendant shall file its motion for summary judgment on or before September 5, 2023; Plaintiffs shall file their combined cross-motion for summary judgment and opposition on or before October 5, 2023; Defendant shall file its combined opposition and reply on or before November 6, 2023; and Plaintiffs shall file their reply on or before November 20, 2023. Signed by Judge Ana C. Reyes on 7/5/2023. (lcjo) (Entered: 07/05/2023)
2023-07-16Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 9/5/2023. Response to Motion for Summary Judgment due by 10/5/2023. Reply to Motion for Summary Judgment due by 11/6/2023.Plaintiff's Cross Motion due by 10/5/2023. Response to Cross Motion due by 11/6/2023. Reply to Cross Motion due by 11/20/2023. (zcdw) (Entered: 07/16/2023)
2023-09-057MOTION for Summary Judgment by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Mark H. Herrington, # 4 Text of Proposed Order)(Dreier, Douglas) (Entered: 09/05/2023)
2023-10-058Memorandum in opposition to re 7 Motion for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts, # 2 Declaration of Samuel Everett Dewey, # 3 Exhibit Dewey Decl. Ex. 1)(Dewey, Samuel) (Entered: 10/05/2023)
2023-10-059Cross MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts, # 2 Declaration of Samuel Everett Dewey, # 3 Exhibit Decl. 1)(Dewey, Samuel) (Entered: 10/05/2023)
2023-11-0610Memorandum in opposition to re 9 Motion for Summary Judgment filed by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Statement of Facts - Response, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/06/2023)
2023-11-0611REPLY to opposition to motion re 7 MOTION for Summary Judgment - Duplicate of ECF No. 10 filed by U.S. DEPARTMENT OF DEFENSE. (Dreier, Douglas) (Entered: 11/06/2023)
2023-12-19MINUTE ORDER. The parties are ORDERED to contact Judge Reyes's Courtroom Deputy, Chashawn White (chashawn_white@dcd.uscourts.gov), to schedule a hearing on the pending cross-motions for summary judgment. Signed by Judge Ana C. Reyes on 12/19/2023. (lcacr1) (Entered: 12/19/2023)
2023-12-20NOTICE of Hearing on Cross Motions 7 , 9 for Summary Judgment: Motion Hearing set for 1/5/2024 at 3:00 PM in Courtroom 12 before Judge Ana C. Reyes. (zcdw) (Entered: 12/20/2023)
2024-01-02MINUTE ORDER. The Court has reviewed the parties' cross-motions for summary judgment. While whether a request for records relating to "dining in" the White House Mess covers records relating to "carry-out," "delivery," and/or "billing statements" is food for thought, it does not require the Court's intervention to resolve. The parties, if acting in good faith, should be able to settle this question between themselves. The Court ORDERS the parties to meet and confer in person on or before January 5, 2024, to resolve this dispute. If the parties cannot resolve this issue between themselves, the Court will hold the argument scheduled for January 5, 2024. Counsel should note, however, that if the Court determines either side is acting in bad faith or making a frivolous argument, it will enter a show cause order on sanctions. Signed by Judge Ana C. Reyes on 1/2/2024. (lcacr1) (Entered: 01/02/2024)
2024-01-0412Joint MOTION to Vacate Notice of Hearing on Motion by U.S. DEPARTMENT OF DEFENSE. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 01/04/2024)
2024-01-04MINUTE ORDER. Upon consideration of the parties' 12 Joint Motion to Vacate Hearing, and the entire record, it is hereby ORDERED that the Joint Motion is GRANTED, and it is further ORDERED that the hearing set for January 5, 2024 is VACATED. Signed by Judge Ana C. Reyes on 1/4/2024. (lcacr1) (Entered: 01/04/2024)
2024-01-2413STIPULATION of Dismissal by U.S. DEPARTMENT OF DEFENSE. (Dreier, Douglas) (Entered: 01/24/2024)
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