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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03651
Date Filed2020-12-14
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED INC.
Case DescriptionBuzzFeed reporter Jason Leopold submitted a FOIA request to the Department of Justice for communications concerning the 2020 Presidential election and its results. Leopold also requested expedited processing. The agency granted Leopold's request for expedited processing. The agency told Leopold that his request qualified for unusual circumstances. After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2020-12-141COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-7954121) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons)(Topic, Matthew) (Entered: 12/14/2020)
2020-12-142NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 12/14/2020)
2020-12-143LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 12/14/2020)
2020-12-14Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 12/14/2020)
2020-12-144STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/14/2020. (lctnm1) (Entered: 12/14/2020)
2020-12-155SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 12/15/2020)
2021-02-106NOTICE of Appearance by Marcia Kay Sowles on behalf of U.S. DEPARTMENT OF JUSTICE (Sowles, Marcia) (Entered: 02/10/2021)
2021-02-107ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Sowles, Marcia) (Entered: 02/10/2021)
2021-02-11MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 8, 2021. Signed by Judge Trevor N. McFadden on 2/11/2021. (lctnm1) (Entered: 02/11/2021)
2021-02-11Set/Reset Deadlines: Joint Status Report due by 3/8/2021. (hmc) (Entered: 02/11/2021)
2021-02-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/11/2021 (Topic, Matthew) (Entered: 02/15/2021)
2021-02-159RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/11/2021. (Topic, Matthew) (Entered: 02/15/2021)
2021-02-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/11/2021. Answer due for ALL FEDERAL DEFENDANTS by 2/10/2021. (Topic, Matthew) (Entered: 02/15/2021)
2021-03-0811Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 03/08/2021)
2021-03-08MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties shall file a further Joint Status Report on or before April 7, 2021, addressing the status of Defendant's search and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2021. (lctnm1) (Entered: 03/08/2021)
2021-03-09Set/Reset Deadlines: Joint Status Report due by 4/7/2021. (hmc) (Entered: 03/09/2021)
2021-04-0712Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 04/07/2021)
2021-04-07MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, the parties shall file a further Joint Status Report on or before May 6, 2021, addressing the status of Defendant's search and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/7/2021. (lctnm1) (Entered: 04/07/2021)
2021-04-07Set/Reset Deadlines: Joint Status Report due by 5/6/2021. (hmc) (Entered: 04/07/2021)
2021-05-0613Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 05/06/2021)
2021-05-06MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties shall file a further Joint Status Report on or before June 8, 2021, addressing the status of Defendant's search and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/6/2021. (lctnm1) (Entered: 05/06/2021)
2021-05-06Set/Reset Deadlines: Joint Status Report due by 6/8/2021. (hmc) (Entered: 05/06/2021)
2021-06-0814Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 06/08/2021)
2021-06-08MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties shall file a further Joint Status Report on or before August 9, 2021, addressing the status of Defendants processing and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/8/2021. (lctnm1) (Entered: 06/08/2021)
2021-06-09Set/Reset Deadlines: Joint Status Report due by 8/9/2021. (ztg) (Entered: 06/09/2021)
2021-08-0615Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 08/06/2021)
2021-08-06MINUTE ORDER. Upon consideration of the 15 Joint Status Report, the parties shall submit a further Joint Status Report on or before October 7, 2021, addressing the status of Defendant's processing and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/6/2021. (lctnm1) (Entered: 08/06/2021)
2021-08-09Set/Reset Deadlines: Joint Status Report due by 10/7/2021. (zhmc) (Entered: 08/09/2021)
2021-10-0716Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 10/07/2021)
2021-10-07MINUTE ORDER. Upon consideration of the 16 Joint Status Report, the parties shall submit a further Joint Status Report on or before December 7, 2021, addressing the status of Defendant's processing and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/7/2021. (lctnm1) (Entered: 10/07/2021)
2021-10-08Set/Reset Deadlines: Joint Status Report due by 12/7/2021. (ztg) (Entered: 10/08/2021)
2021-12-0717Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 12/07/2021)
2021-12-07MINUTE ORDER. Upon consideration of the 17 Joint Status Report, the parties shall file a further Joint Status Report on or before February 4, 2022, or within 14 days of Defendant completing its response to Plaintiffs' FOIA request, whichever is sooner. The Joint Status Report should update the Court on the status of production since the previous report and propose a schedule for further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/7/2021. (lctnm1) (Entered: 12/07/2021)
2021-12-08Set/Reset Deadlines: Joint Status Report due by 2/4/2022. (hmc) (Entered: 12/08/2021)
2022-02-0418Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 02/04/2022)
2022-02-04MINUTE ORDER: Upon consideration of the 18 Joint Status Report, the parties are directed to file a further status report on or before April 5, 2022 or 14 days after the Defendant completes production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/4/2022. (lctnm1) (Entered: 02/04/2022)
2022-02-07Set/Reset Deadlines: Joint Status Report due by 4/5/2022. (hmc) (Entered: 02/07/2022)
2022-04-0519NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 04/05/2022)
2022-04-0520Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 04/05/2022)
2022-04-06MINUTE ORDER: Upon consideration of the 20 Joint Status Report, the parties are hereby ORDERED to file another status report on or before June 3, 2022, or 14 days after the Defendant completes its production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/6/2022. (lctnm1) (Entered: 04/06/2022)
2022-04-06Set/Reset Deadlines: Joint Status Report due by 6/3/2022. (hmc) (Entered: 04/06/2022)
2022-06-0321Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 06/03/2022)
2022-06-06MINUTE ORDER: Upon consideration of the 21 Joint Status Report, the parties are hereby ORDERED to file another status report on or before July 8, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/6/2022. (lctnm1) (Entered: 06/06/2022)
2022-06-07Set/Reset Deadlines: Joint Status Report due by 7/8/2022. (hmc) (Entered: 06/07/2022)
2022-07-0822Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 07/08/2022)
2022-07-08MINUTE ORDER: Upon consideration of the 22 Joint Status Report, the parties are hereby ORDERED to file another status report on or before September 6, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/8/2022. (lctnm1) (Entered: 07/08/2022)
2022-07-08Set/Reset Deadlines: Joint Status Report due by 9/6/2022. (hmc) (Entered: 07/08/2022)
2022-09-0623Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 09/06/2022)
2022-09-07MINUTE ORDER: Upon consideration of the 23 Joint Status Report, the parties are ORDERED to file another status report by November 4, 2022 or 14 days after the Defendant makes its supplemental production, whichever is sooner. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/7/2022. (lctnm1) (Entered: 09/07/2022)
2022-09-07Set/Reset Deadlines: Joint Status Report due by 11/4/2022. (hmc) (Entered: 09/07/2022)
2022-11-0424Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 11/04/2022)
2022-11-04MINUTE ORDER: The parties shall file another Joint Status Report by January 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/4/2022. (lctnm1) (Entered: 11/04/2022)
2022-11-07Set/Reset Deadlines: Joint Status Report due by 1/10/2023. (hmc) (Entered: 11/07/2022)
2023-01-1025Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 01/10/2023)
2023-01-10MINUTE ORDER: The parties shall submit a Joint Status Report by March 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/10/2023. (lctnm1) (Entered: 01/10/2023)
2023-01-11Set/Reset Deadlines: Joint Status Report due by 3/10/2023. (hmc) (Entered: 01/11/2023)
2023-02-2826NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick) (Entered: 02/28/2023)
2023-03-1027Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 03/10/2023)
2023-03-10MINUTE ORDER: The parties shall submit another Joint Status Report by May 9, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/10/2023. (lctnm1) (Entered: 03/10/2023)
2023-03-13Set/Reset Deadlines: Joint Status Report due by 5/9/2023. (hmc) (Entered: 03/13/2023)
2023-05-0928Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 05/09/2023)
2023-05-09MINUTE ORDER: The parties shall submit another Joint Status Report by July 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/9/2023. (lctnm1) (Entered: 05/09/2023)
2023-05-10Set/Reset Deadlines: Joint Status Report due by 7/10/2023. (hmc) (Entered: 05/10/2023)
2023-07-1029Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 07/10/2023)
2023-07-10MINUTE ORDER: The parties shall submit another Joint Status Report by September 11, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/10/2023. (lctnm1) (Entered: 07/10/2023)
2023-07-11Set/Reset Deadlines: Joint Status Report due by 9/11/2023. (hmc) (Entered: 07/11/2023)
2023-09-1130Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 09/11/2023)
2023-09-11MINUTE ORDER: The parties shall submit another Joint Status Report by November 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/11/2023. (lctnm1) (Entered: 09/11/2023)
2023-11-0931Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 11/09/2023)
2023-11-09MINUTE ORDER: The parties shall file another Joint Status Report on January 9, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/09/2023. (lctnm1) (Entered: 11/09/2023)
2024-01-0932Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 01/09/2024)
2024-01-11MINUTE ORDER: The parties are ORDERED to appear for an in-person status hearing at 10:30 a.m. on February 5, 2024, in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 01/11/2024. (lctnm1) (Entered: 01/11/2024)
2024-02-05Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 2/5/2024. Defendant's Motion for Summary Judgment due by 4/8/2024. Plaintiffs' Combined Opposition and Cross-Motion due by 5/6/2024. Defendant's Combined Opposition to Plaintiffs' Cross-Motion and Reply in support of its Motion for Summary Judgment due by 6/5/2024. Plaintiff's Reply in support of their Cross-Motion due by 6/26/2024. (Court Reporter: Jan Dickman.) (hmc) (Entered: 02/05/2024)
2024-04-0133Unopposed MOTION for Extension of Time to File Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 04/01/2024)
2024-04-02MINUTE ORDER: The Court GRANTS the Government's 33 Unopposed Motion for Extension of Time. The Government's motion for summary judgment is now due April 22; Plaintiffs' combined opposition and cross-motion is due May 20; the Government's combined opposition and reply is due June 12; and Plaintiffs' reply is due July 10. The Court does not expect to grant any further extensions in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 04/02/2024. (lctnm1) (Entered: 04/02/2024)
2024-04-2234MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration Vanessa R. Brinkmann, # 3 Exhibit A - FOIA Request, # 4 Exhibit B - Acknowledgment Letter, # 5 Exhibit C -Interim Response 7.23.21, # 6 Exhibit D-Part 1 - Response 6.3.22, # 7 Exhibit D-Part 2, # 8 Exhibit E -Supp. Response 3.17.23, # 9 Exhibit F - Supp. Response 4.22.24, # 10 Exhibit G - Vaughn Index, # 11 Declaration Kilian Kagle)(Sowles, Marcia) (Entered: 04/22/2024)
2024-05-2035NOTICE of Appearance by Stephen Stich Match on behalf of BUZZFEED INC., JASON LEOPOLD (Match, Stephen) (Entered: 05/20/2024)
2024-05-2036Cross MOTION for Summary Judgment by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Match, Stephen) (Entered: 05/20/2024)
2024-05-2037Memorandum in opposition to re 34 Motion for Summary Judgment,, filed by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Match, Stephen) (Entered: 05/20/2024)
2024-06-0538Unopposed MOTION for Extension of Time to File Response/Reply as to 36 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgmen 34 by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 06/05/2024)
2024-06-06MINUTE ORDER: The Government's 38 Unopposed Motion for an Extension of Time is DENIED. The briefing schedule set on April 2 shall remain in effect. See Minute Order (Apr. 2, 2024) (warning that "[t]he Court does not expect to grant any further extensions in this matter"). SO ORDERED. Signed by Judge Trevor N. McFadden on 06/06/2024. (lctnm1) (Entered: 06/06/2024)
2024-06-1239Memorandum in opposition to re 36 Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Affidavit Supplemental Decl. of Kilian Kagle, # 2 Affidavit Declaration of Jonathan M. Breyan)(Sowles, Marcia) (Entered: 06/12/2024)
2024-06-1240REPLY to opposition to motion re 34 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration Supplemental Declaration of Kilian Kagle, # 2 Declaration Declaration of Jonathan M. Breyan)(Sowles, Marcia) (Entered: 06/12/2024)
2024-07-0941REPLY to opposition to motion re 36 Cross MOTION for Summary Judgment filed by BUZZFEED INC., JASON LEOPOLD. (Match, Stephen) (Entered: 07/09/2024)
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