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Case TitleHETTENA v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01058
Date Filed2019-04-16
Date Closed2021-08-20
JudgeJudge Amy Berman Jackson
PlaintiffSETH HETTENA
Case DescriptionSeth Hettna, author of a book on President Trump and his connections to Russia, submitted a FOIA request to the FBI for records concerning Vyacheslav Kirillovich Ivankov, a deceased Russian crime boss who, according to Hettna had frequented several of Trump's properties while he was living in the United States in the 1990s before being extradited to Russia on murder charges. Although he was acquitted of the murder charges, he was subsequently killed while in Russia. Hettna also requested a fee waiver. The agency denied Hettna's request for a fee waiver, but subsequently agreed to include him in the news media fee category. The agency also told Hettna that it had located 528 potentially responsive records. However, after hearing nothing further from the agency, Hettna filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-161COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-6061674) filed by SETH HETTENA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOJ, # 3 Summons USADC, # 4 Summons USAG)(Moss, Bradley) (Entered: 04/16/2019)
2019-04-17Case Assigned to Judge Amy Berman Jackson. (zef, ) (Entered: 04/17/2019)
2019-04-172SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/17/2019)
2019-05-143NOTICE of Appearance by Marina Utgoff Braswell on behalf of DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 05/14/2019)
2019-05-224ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 05/22/2019)
2019-05-23MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before June 20, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/23/2019. (lcabj3) (Entered: 05/23/2019)
2019-06-055NOTICE of Appearance by Mark Steven Zaid on behalf of SETH HETTENA (Zaid, Mark) (Entered: 06/05/2019)
2019-06-206STATUS REPORT by DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 06/20/2019)
2019-06-21MINUTE ORDER. Defendant must begin processing the request and producing responsive records on a rolling basis, with the first production to be made by July 31, 2019, and the final production by September 30, 2019, along with a status report on that date. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/21/2019. (lcabj3) (Entered: 06/21/2019)
2019-09-307STATUS REPORT by DEPARTMENT OF JUSTICE. (Braswell, Marina) (Entered: 09/30/2019)
2019-10-01MINUTE ORDER. It is ORDERED that the parties shall submit a joint status report by November 14, 2019. Signed by Judge Amy Berman Jackson on 10-01-2019. (lcabj3, ) (Entered: 10/01/2019)
2019-10-06Set/Reset Deadlines: The parties shall submit a Joint Status Report by 11/14/2019. (jth) (Entered: 10/06/2019)
2019-11-148Joint STATUS REPORT by SETH HETTENA. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 11/14/2019)
2019-11-15MINUTE ORDER. In light of the parties' 8 joint status report, the parties shall submit another joint status report by December 13, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/15/2019. (lcabj3) (Entered: 11/15/2019)
2019-12-139Joint STATUS REPORT by SETH HETTENA. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 12/13/2019)
2019-12-16MINUTE ORDER. In light of the parties' 9 joint status report, the parties must submit another status report by January 17, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/16/2019. (lcabj3) (Entered: 12/16/2019)
2020-01-1710Joint STATUS REPORT by SETH HETTENA. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 01/17/2020)
2020-01-21MINUTE ORDER. In light of the parties' 10 joint status report and the parties' proposed briefing schedule, it is ORDERED that: 1) defendant's motion for summary judgment is due by March 20, 2020; 2) plaintiff's opposition and any cross-motion for summary judgment is due by April 20, 2020; 3) defendant's reply brief and any opposition to plaintiff's cross-motion is due by May 20, 2020; and 4) any reply by plaintiff is due by June 15, 2020. Additionally, the parties may dispense with the filing of statements of fact pursuant to Local Civil Rule 7(h)(1) but should be aware of the requirements in Rule 5.1(d). SO ORDERED. Signed by Judge Amy Berman Jackson on 1/21/2020. (lcabj3) (Entered: 01/21/2020)
2020-01-2111NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 01/21/2020)
2020-01-22Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 3/20/2020; Plaintiff's Opposition and any Cross-Motion for Summary Judgment is due by 4/20/2020; Defendant's Reply and Opposition to any Cross-Motion is due by 5/20/2020; Plaintiff's Reply to any Cross-Motion is due by 6/15/2020. (jth) (Entered: 01/22/2020)
2020-03-1812Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David M. Hardy)(Gonzalez, Brenda) (Entered: 03/18/2020)
2020-03-18MINUTE ORDER granting 12 Motion for Extension of Time. In light of defendant's consent motion, defendant must file its motion for summary judgment by April 20, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/18/2020. (lcabj3) (Entered: 03/18/2020)
2020-03-19MINUTE ORDER: In light of the Courts Minute Order issued on 3/18/2020, extending time for Defendant to file its motion for Summary Judgment, it is ORDERED that the following remainder of the Summary Judgment briefing schedule shall now apply: Plaintiff's Opposition to Defendant's Motion for Summary Judgment and any Cross-Motion for Summary Judgment is due by 5/20/2020; Defendant's Reply and any Opposition to Plaintiff's Cross-Motion is due by 6/19/2020; any Reply by Plaintiff to its Cross-Motion is due by 7/14/2020. Additionally, the parties may dispense with the filing of statements of facts pursuant to Local Civil Rule 7(h)(1) but should be aware of the requirements in Rule 5.1(d). SO ORDERED. By Judge Amy Berman Jackson on 03/19/2020. (jth) (Entered: 03/19/2020)
2020-04-1613Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Michael G. Seidel)(Gonzalez, Brenda) (Entered: 04/16/2020)
2020-04-17MINUTE ORDER granting 13 Consent Motion for Extension of Time. Defendant's motion for summary judgment must be filed by May 20, 2020. Plaintiff's Response and Cross-Motion must be filed by June 19, 2020. Defendant's Reply and Response to plaintiff's cross-motion must be submitted by July 20, 2020. Plaintiff's cross-reply must be filed by August 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/17/2020. (lcabj3) (Entered: 04/17/2020)
2020-05-1514NOTICE of Appearance by Michael A. Tilghman on behalf of DEPARTMENT OF JUSTICE (Tilghman, Michael) (Entered: 05/15/2020)
2020-05-1515Consent MOTION for Extension of Time to file Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of David M. Hardy, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 05/15/2020)
2020-05-18MINUTE ORDER granting 15 Motion for Extension of Time. Defendant must file its motion for summary judgment by June 19, 2020. Plaintiff must file any cross-motion and opposition by July 20, 2020. Defendant must file its reply and opposition to plaintiff's cross-motion by August 19, 2020. Plaintiff must file its reply by September 18, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/18/2020. (lcabj3) (Entered: 05/18/2020)
2020-06-1616Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/16/2020)
2020-06-17MINUTE ORDER granting 16 Motion for Extension of Time Set/Reset Deadlines. Defendant's motion for summary judgment must be submitted by July 3, 2020; Plaintiff's cross motion and opposition to defendant's motion for summary judgment must be submitted by August 3, 2020; defendant's reply and opposition to plaintiff's cross motion must be submitted by September 2, 2020; plaintiff's reply must be submitted by October 2, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/17/2020. (lcabj3) Modified on 6/17/2020 to reflect that defendant's summary judgment motion is due by July 3, 2020. (jth). (Entered: 06/17/2020)
2020-07-0217MOTION for Leave to Provide Declaration for Ex Parte, In Camera Review by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/02/2020)
2020-07-0218MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/02/2020)
2020-07-06MINUTE ORDER granting 17 Motion for Leave to Provide Declaration for Ex Parte In Camera Review. Defendant is ORDERED to submit the second declaration of Michael G. Seidel for in camera review by July 9, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/6/2020. (lcabj3) (Entered: 07/06/2020)
2020-07-0719NOTICE of In Camera Submission by DEPARTMENT OF JUSTICE (Tilghman, Michael) (Entered: 07/07/2020)
2020-08-0320Memorandum in opposition to re 18 MOTION for Summary Judgment filed by SETH HETTENA. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit 1 - redacted FBI notes, # 3 Exhibit 2 - Declaration of Bradley P. Moss, # 4 Exhibit 3 - FBI Memorandum, # 5 Text of Proposed Order)(Moss, Bradley) (Entered: 08/03/2020)
2020-09-0221REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Second Declaration of Michael G. Seidel)(Tilghman, Michael) (Entered: 09/02/2020)
2020-09-1522NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF JUSTICE. (Gonzalez, Brenda) (Entered: 09/15/2020)
2021-08-11MINUTE ORDER. In his opposition 20 to defendant's motion for summary judgment 18 , plaintiff stated that he had narrowed his challenge to object only to the broad withholding of records in full, and to those withholdings in just two contexts: first he objected to any assertions of Exemptions 6 and 7(C) on behalf of the Trump Organization (as opposed to an individual person) as a basis for withholding a record in full, and second, he objected to any assertions of Exemption 7(D) as a basis for withholding a record in full that potentially implicated Donald J. Trump as a third party source operating under an implied assurance of confidentiality. Opp. at 13. While one could use a telephone more efficiently for this purpose, plaintiff utilized the briefing opportunity to ask the defendant whether any records had been withheld in full on those grounds. He then took the position that if the agency had asserted Exemptions 6 and 7(C) to protect an organization, that would have been improper, and that the public interest in the information would outweigh the privacy interests in any event. Opp. at 9-13. With respect to Exemption 7(D), plaintiff took the position that if a document had been withheld in full under that exemption to shield the identity of Mr. Trump as an informant, the information would not be subject to the exemption because Mr. Trump's willingness to cooperate with the FBI - which he compared to an implied assurance of confidentiality - had already been officially disclosed in a memorandum plaintiff attached as an exhibit to his opposition. With its reply, the agency proffered a supplemental declaration that undertook to answer the questions [21-1] ("Second Seidel Decl."). The declarant averred that the agency had not asserted Exemptions 6 and 7(C) on behalf of the Trump Organization at all, and that Exemption 7(D), category 6, had not been invoked to withhold any record in full related to an informant with an implied assurance of confidentiality. Second Seidel Decl. para. 5. He also enumerated reasons why the agency would maintain that the record attached to plaintiff's opposition does not qualify as any sort of official disclosure. Second Seidel Decl. para. 10. Given these circumstances, plaintiff is ORDERED to show cause by August 18, 2021, why this matter should not be dismissed as moot, and to indicate, if it is not moot, what issues remain to be resolved by the Court. Signed by Judge Amy Berman Jackson on 8/11/21. (lcabj2) (Entered: 08/11/2021)
2021-08-2023ORDER. On August 11, 2021, the Court ordered the plaintiff to show cause by August 18, 2021, why the case should not be dismissed as moot. Min. Order (Aug. 11, 2021). Nothing has been filed in response, and it appears that there are no issues to be resolved, and the case is moot. Federal Rule of Civil Procedure 12(h)(3) provides that "[i]f the court determines at any time that it lacks subject-matter jurisdiction, it must dismiss the case," and therefore, the case is DISMISSED AS MOOT. See Order for details. Signed by Judge Amy Berman Jackson on 8/20/21. (lcabj2) (Entered: 08/20/2021)
2021-08-2124NOTICE in Response to Court's Order, dated August 20, 2021 by SETH HETTENA (Moss, Bradley) (Entered: 08/21/2021)
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