Skip to content

Case Detail

[Subscribe to updates]
Case TitleStar News Digital Media, Inc. et al v. Federal Bureau of Investigation
DistrictMiddle District of Tennessee
CityNashville
Case Number3:2023cv00467
Date Filed2023-05-10
Date ClosedOpen
JudgeDistrict Judge Aleta A. Trauger
PlaintiffStar News Digital Media, Inc.
PlaintiffMichael Patrick Leahy
PlaintiffMatthew D. Kittle
Case DescriptionStar News Digital Media submitted a FOIA request to the FBI for records concerning the manifesto published by the Nashville school shooter. The Star News Media also requested expedited processing. The FBI acknowledged receipt of the request. The FBI denied Star Media's request for expedited processing. The FBI denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). Star Media filed an administrative appeal to the Office of Information Policy. OIP denied Star Media's appeal. The Nashville Police then indicated that they might disclose the manifesto under Tennessee's open records law. However, the Nashville Police decided not to disclose the manifesto. Star Media then filed suit.
Complaint issues: Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-101COMPLAINT against Federal Bureau of Investigation (Filing fee $402, Receipt number ATNMDC-3821364) filed by Michael Patrick Leahy, Star News Digital Media, Inc., Matthew D. Kittle. (Attachments: # 1 Exhibit 1 - FOIA Request, # 2 Exhibit 2 - Denial of expedited treatment, # 3 Exhibit 3 - FOIA Clarification Letter, # 4 Exhibit 4 - FOIA Denial, # 5 Exhibit 5 - Administrative Appeal, # 6 Exhibit 6 - Final Decision, # 7 Attachment 1 - Civil Cover Sheet)(ln) (Entered: 05/10/2023)
2023-05-102NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln) (Entered: 05/10/2023)
2023-05-103NOTICE of Business Entity Disclosure Statement filing requirement. (ln) (Entered: 05/10/2023)
2023-05-104NOTICE of Initial Case Management Conference set for 8/7/2023 at 2:30 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (ln) (Entered: 05/10/2023)
2023-05-10TN State Bar status verified as active for Matthew J. McClanahan admitted to this court . (ln) (Entered: 05/10/2023)
2023-05-10WI State Bar status verified as active for Daniel P. Lennington, Lucas T. Vebber, Richard M. Esenberg not admitted to this court - Local counsel secured . (ln) (Entered: 05/10/2023)
2023-05-10NOTICE TO COUNSEL Daniel P. Lennington, Lucas T. Vebber, Richard M. Esenberg: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 5/31/2023. (ln) (Entered: 05/10/2023)
2023-05-165****DISREGARD. WRONG EVENT USED. ATTORNEY TO RE-FILE.**** MOTION for Limited Admission by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Attachments: # 1 Attachment Exhibit 1-Esenberg Cert. of Good Standing 5/15/23)(McClanahan, Matthew) (Entered: 05/16/2023)
2023-05-166****DISREGARD. WRONG EVENT USED. ATTORNEY TO RE-FILE.**** MOTION for Limited Admission by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. (Attachments: # 1 Exhibit 1-Veber Cert. of Good Standing 5/15/23)(McClanahan, Matthew) (Entered: 05/16/2023)
2023-05-167BUSINESS ENTITY DISCLOSURE STATEMENT filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (McClanahan, Matthew) (Entered: 05/16/2023)
2023-05-168****DISREGARD. WRONG EVENT USED. ATTORNEY TO RE-FILE.**** MOTION for Limited Admission by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. (Attachments: # 1 Exhibit 1-Lennington Cert. of Good Standing 5/15/23)(McClanahan, Matthew) (Entered: 05/16/2023)
2023-05-189NOTICE of Summons to be Issued as to Federal Bureau of Investigation. (McClanahan, Matthew) (Entered: 05/18/2023)
2023-05-1810NOTICE of Summons to be Issued as to Federal Bureau of Investigation. (McClanahan, Matthew) (Entered: 05/18/2023)
2023-05-19NOTICE TO FILER re DE# 5 , 6 , 8 : The wrong event was used. The correct event should be Motion to Appear Pro Hac Vice. Counsel shall re-file the documents. Counsel shall also include a signature on the Certificate of Service. (ln) (Entered: 05/19/2023)
2023-05-2211****DISREGARD. WRONG EVENT USED. ATTORNEY TO RE-FILE.**** MOTION for Limited Admission by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. (Attachments: # 1 Exhibit 1 - Cert. of Good Standing)(McClanahan, Matthew) Modified on 5/22/2023 (ln). (Entered: 05/22/2023)
2023-05-2212****DISREGARD. WRONG EVENT USED. ATTORNEY TO RE-FILE.**** MOTION for Limited Admission by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. (Attachments: # 1 Exhibit 1 - Cert. of Good Standing)(McClanahan, Matthew) Modified on 5/22/2023 (ln). (Entered: 05/22/2023)
2023-05-2213****DISREGARD. WRONG EVENT USED. ATTORNEY TO RE-FILE.**** MOTION for Limited Admission by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. (Attachments: # 1 Exhibit 1 - Cert. of Good Standing)(McClanahan, Matthew) Modified on 5/22/2023 (ln). (Entered: 05/22/2023)
2023-05-2214MOTION for attorney Daniel Lennington to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3829546) by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Attachments: # 1 Exhibit Ex. 1 - Cert. of Good Standing 5/22/23)(McClanahan, Matthew) (Entered: 05/22/2023)
2023-05-2215MOTION for attorney Richard M. Esenberg to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3829553) by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Attachments: # 1 Exhibit Ex. 1 - Cert. of Good Standing 5/22/23)(McClanahan, Matthew) (Entered: 05/22/2023)
2023-05-22NOTICE TO FILER re DE# 11 , 12 , 13 : The wrong event was used. The correct event should be Motion to Appear Pro Hac Vice. Counsel shall re-file the documents. (ln) (Entered: 05/22/2023)
2023-05-2216MOTION for attorney Lucas T. Vebber to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3829567) by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Attachments: # 1 Exhibit Ex. 1 - Cert. of Good Standing 5/22/23)(McClanahan, Matthew) (Entered: 05/22/2023)
2023-05-2217Summons issued as to Federal Bureau of Investigation. Service copies will be returned to counsel by mail. (ln) (Entered: 05/22/2023)
2023-05-2518ORDER granting 14 , 15 , and 16 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Daniel Lennington, Richard M. Esenberg, and Lucas T. Vebber to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 05/25/2023. (lh) (Entered: 05/25/2023)
2023-05-2519AFFIDAVIT of Service for Issued Summons; Verified Complaint, Exhibits and Civil Cover Sheet; Notice Regarding Consent of the Parties; Notice Regarding Business Entity Disclosure Statement; Notice of Setting Initial Case Management Conference; Plaintiffs Business Entity Disclosure; Summons (un-issued); Notice of Summons; and Motions for Admission Pro Hac Vice of Lennington, Vebber and Esenberg. (ECF 1 to 4, 7, 9, 10, 14 to 17) served on Defendant Federal Bureau of Investigation, Office of U.S. Attorney Civil Process Clerk, Office of U.S. Attorney General on 05/23/2023, filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Attachments: # 1 Attachment Certified Mail Receipts)(Lennington, Daniel) (Entered: 05/25/2023)
2023-05-2520MOTION for Summary Judgment by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Lennington, Daniel) (Entered: 05/25/2023)
2023-05-2521MEMORANDUM in Support of 20 MOTION for Summary Judgment filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. . (Lennington, Daniel) (Entered: 05/25/2023)
2023-05-2522STATEMENT of facts filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. in support of 20 Motion for Summary Judgment. (Lennington, Daniel) (Entered: 05/25/2023)
2023-06-0123AFFIDAVIT of Service for Affidavit of Service 19 , Motion for Summary Judgment 20 , Memorandum in Support of M. for Summary Judgment 21 , and Statement of Undisputed Material Facts 22 served on Defendant Federal Bureau of Investigation, Office of U.S. Attorney Civil Process Clerk, Office of U.S. Attorney General on 05/26/23, filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. (Attachments: # 1 Certified Mail Receipts)(Lennington, Daniel) Modified on 6/2/2023 (ln). (Entered: 06/01/2023)
2023-06-1224NOTICE of Appearance by Anica Clarissa Jones on behalf of Federal Bureau of Investigation (Jones, Anica) (Entered: 06/12/2023)
2023-06-1225MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - Metro Government's Brief, # 2 Attachment - Proposed Order)(Jones, Anica) (Entered: 06/12/2023)
2023-06-1226ORDER: It is hereby ORDERED that the plaintiffs shall file a response to the defendant's Motion to Extend Time to Respond to Plaintiffs' Motion for Summary Judgment (Doc. No. 25 ) by 12:00 noon on Wednesday, June 14, 2023. Signed by District Judge Aleta A. Trauger on 6/12/2023. (ds) (Entered: 06/12/2023)
2023-06-13TN State Bar status verified as active for Anica Clarissa Jones admitted to this court . (ln) (Entered: 06/13/2023)
2023-06-1327MOTION for attorney Alexander W. Resar to Appear Pro Hac Vice (Fee waived) by Federal Bureau of Investigation. (Attachments: # 1 Attachment - Certificate of Good Standing)(Jones, Anica) Modified on 6/14/2023 (lh). (Entered: 06/13/2023)
2023-06-14NY State Bar status verified as active for Alexander William Resar not admitted to this court - Local counsel secured . (ln) (Entered: 06/14/2023)
2023-06-1428RESPONSE to Motion re 25 MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Lennington, Daniel) (Entered: 06/14/2023)
2023-06-1429ORDER granting 27 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Alexander W. Resar to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 06/14/2023. (lh) (Entered: 06/14/2023)
2023-06-1430ORDER granting in part 25 Motion for Extension of Time to File Response to Motion for Summary Judgment. Response deadline extended to 7/3/2023. Signed by District Judge Aleta A. Trauger on 6/14/2023. (ds) (Entered: 06/14/2023)
2023-06-2631ANSWER to 1 Complaint, by Federal Bureau of Investigation.(Resar, Alexander) (Entered: 06/26/2023)
2023-06-2932Joint MOTION for Leave to Consolidate Summary Judgment Briefing, Enlarge Briefing Page Limits, and Stay All Other Case Deadlines by Federal Bureau of Investigation. (Resar, Alexander) (Entered: 06/29/2023)
2023-06-3033ORDER: Motion 32 GRANTED. ICMC CANCELLED. Signed by District Judge Aleta A. Trauger on 6/30/2023. (af) (Entered: 06/30/2023)
2023-07-0334Cross MOTION for Summary Judgment by Federal Bureau of Investigation. (Attachments: # 1 Attachment Defendant's Memorandum of Law In Support of Defendant's Cross-Motion for Summary Judgment and in Opposition to Plaintiffs' Motion for Summary Judgment, # 2 Attachment Declaration of Michael G. Seidel, # 3 Exhibit Exhibits A through H to the Declaration of Michael G. Seidel, # 4 Attachment Declaration of Lieutenant Brent Gibson, # 5 Attachment Response to Plaintiffs' Statement of Undisputed Material Facts, # 6 Attachment Defendant's Statement of Undisputed Material Facts)(Resar, Alexander) (Entered: 07/03/2023)
2023-07-2435RESPONSE in Opposition re 34 Cross MOTION for Summary Judgment , 20 MOTION for Summary Judgment (Combined Reply-Response) filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Lennington, Daniel) (Entered: 07/24/2023)
2023-07-2436DECLARATION of Matthew D. Kittle filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc. re: 35 Response in Opposition to Motion,. (Lennington, Daniel) (Entered: 07/24/2023)
2023-07-2437STATEMENT of facts (Response to [34-6] Defendant's Statement of Undisputed Material Facts) . (Lennington, Daniel) (Entered: 07/24/2023)
2023-07-3138REPLY to Response to re 34 Cross MOTION for Summary Judgment filed by Federal Bureau of Investigation. (Resar, Alexander) (Entered: 07/31/2023)
2023-11-0739MOTION To Open Discovery for Limited Purpose, Shorten Response Times, and Supplemental Briefing by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Attachments: # 1 Attachment Memorandum in Support, # 2 Exhibit Declaration of Michael Patrick Leahy, # 3 Attachment Proposed Order)(Lennington, Daniel) (Entered: 11/07/2023)
2023-11-2140RESPONSE in Opposition re 39 MOTION To Open Discovery for Limited Purpose, Shorten Response Times, and Supplemental Briefing filed by Federal Bureau of Investigation. (Resar, Alexander) (Entered: 11/21/2023)
2023-11-2841REPLY to Response to re 39 MOTION To Open Discovery for Limited Purpose, Shorten Response Times, and Supplemental Briefing filed by Matthew D. Kittle, Michael Patrick Leahy, Star News Digital Media, Inc.. (Lennington, Daniel) (Entered: 11/28/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar