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Case TitleThe Heritage Foundation et al v. U.S. Department of Justice
DistrictDistrict of Delaware
CityWilmington
Case Number1:2023cv00955
Date Filed2023-08-30
Date ClosedOpen
JudgeJudge Maryellen Noreika
PlaintiffThe Heritage Foundation
PlaintiffMike Howell
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice and the Office for the U.S. Attorney for the District of Delaware for records concerning its policy of the use of pretrial diversion to Justice Manual 9-22,010. The Heritage Foundation also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search, Expedited processing, Litigation - Vaughn index

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

2023-08-301COMPLAINT and Prayer for Declaratory and Injunctive Relief filed against U.S. Department of Justice ( Filing fee $ 402, receipt number ADEDC-4213315.) - filed by The Heritage Foundation, Mike Howell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet)(twk) (Entered: 08/31/2023)
2023-08-302Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) (Entered: 08/31/2023)
2023-08-303Summons Issued as to U.S. Department of Justice, Hon. Merrick Garland on 8/31/2023. (Attachments: # 1 Summons Issued, # 2 Summons Issued)(twk) (Entered: 08/31/2023)
2023-09-06Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 09/06/2023)
2023-09-194First AMENDED COMPLAINT against U.S. Department of Justice- filed by The Heritage Foundation, Mike Howell. (Attachments: # 1 Amended Complaint - Redline, # 2 Exhibit 1 to the Amended Complaint, # 3 Exhibit 2 to the Amended Complaint, # 4 Exhibit 3 to the Amended Complaint, # 5 Exhibit 4 to the Amended Complaint, # 6 Exhibit 5 to the Amended Complaint, # 7 Exhibit 6 to the Amended Complaint, # 8 Exhibit 7 to the Amended Complaint)(Murray, Julianne) (Entered: 09/19/2023)
2023-10-035MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey - filed by Mike Howell, The Heritage Foundation. (Murray, Julianne) (Main Document 5 replaced on 10/10/2023) (dlw). (Entered: 10/03/2023)
2023-10-066NOTICE of Appearance by Michael Patrick Clendenen on behalf of U.S. Department of Justice (Clendenen, Michael) (Entered: 10/06/2023)
2023-10-067ANSWER to Amended Complaint, re: 4 Amended Complaint, by U.S. Department of Justice.(Clendenen, Michael) (Entered: 10/06/2023)
2023-10-10SO ORDERED re 5 MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey filed by The Heritage Foundation, Mike Howell. ORDERED by Judge Maryellen Noreika on 10/10/2023. (dlw) (Entered: 10/10/2023)
2023-10-108ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 10/10/2023. (dlw) (Entered: 10/10/2023)
2023-10-13Pro Hac Vice Attorney Samuel E. Dewey for Mike Howell and The Heritage Foundation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 10/13/2023)
2023-11-099Joint RESPONSE to Order re 8 Oral Order,, filed by U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 11/09/2023)
2023-11-1310ORAL ORDER re 9 Response to Order - IT IS HEREBY ORDERED that the parties' joint request to extend the deadline to submit a proposed schedule to 12/8/2023 is GRANTED. ORDERED by Judge Maryellen Noreika on 11/13/2023. (dlw) (Entered: 11/13/2023)
2023-12-0811Joint RESPONSE to Order re 10 Oral Order filed by U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 12/08/2023)
2023-12-0812ORAL ORDER re 11 Response to Order - IT IS HEREBY ORDERED that the parties' joint request to submit a further status report no later than 2/6/2024 is GRANTED. ORDERED by Judge Maryellen Noreika on 12/8/2023. (dlw) (Entered: 12/08/2023)
2024-01-3113Joint STATUS REPORT by U.S. Department of Justice. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 01/31/2024)
2024-01-3114ORAL ORDER re 13 Joint Status Report - IT IS HEREBY ORDERED that the parties' joint request to submit a further status report no later than 4/8/2024 is GRANTED. ORDERED by Judge Maryellen Noreika on 1/31/2024. (dlw) (Entered: 01/31/2024)
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