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Case TitleLEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00942
Date Filed2021-04-06
Date Closed2022-08-08
JudgeJudge Trevor N. McFadden
PlaintiffJASON LEOPOLD
PlaintiffBUZZFEED INC.
Case DescriptionBuzzFeed reporter Jason Leopold submitted FOIA requests to the Department of Justice and the Department of Homeland Security for records concerning protests planned for Washington, D.C. for Jan. 6, 2021 to protest the results of the presidential election. Leopold also requested expedited processing. The agencies acknowledged receipt of the requests. DOJ located some records but withheld them all under Exemption 5 (privileges). Leopold filed an administrative appeal of that decision. DHS indicated it found no records. Leopold filed an administrative appeal of that decision. After hearing nothing further from either agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
TERMINATED: 04/27/2021
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
TERMINATED: 04/27/2021
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

2021-04-061COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-8355693) filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-12, # 3 Civil Cover Sheet, # 4 Summons)(Topic, Matthew) (Entered: 04/06/2021)
2021-04-062NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC., JASON LEOPOLD (Topic, Matthew) (Entered: 04/06/2021)
2021-04-063LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 04/06/2021)
2021-04-07Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 04/07/2021)
2021-04-074SUMMONS (4) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/07/2021)
2021-04-075STANDING 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 4/7/2021. (lctnm1) (Entered: 04/07/2021)
2021-04-276AMENDED COMPLAINT against U.S. DEPARTMENT OF JUSTICE filed by JASON LEOPOLD, BUZZFEED INC.. (Attachments: # 1 Exhibit Redline Version, # 2 Exhibit 1-8)(Topic, Matthew) (Entered: 04/27/2021)
2021-05-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 4/26/2021 (Topic, Matthew) (Entered: 05/07/2021)
2021-05-078RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/26/2021. (Topic, Matthew) (Entered: 05/07/2021)
2021-05-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/26/2021. Answer due for ALL FEDERAL DEFENDANTS by 5/26/2021. (Topic, Matthew) (Entered: 05/07/2021)
2021-05-2610ANSWER to 6 Amended Complaint by U.S. DEPARTMENT OF JUSTICE.(Holland, Liam) (Entered: 05/26/2021)
2021-05-26MINUTE 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 proceedings in this matter. The report 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 report on or before June 17, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/26/2021. (lctnm1) (Entered: 05/26/2021)
2021-05-27Set/Reset Deadlines: Joint Status Report due by 6/17/2021. (hmc) (Entered: 05/27/2021)
2021-06-1711Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 06/17/2021)
2021-06-17MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties shall submit another Joint Status Report on or before July 20, 2021, addressing the status of production and proposing a schedule for further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/17/2021. (lctnm1) (Entered: 06/17/2021)
2021-06-21Set/Reset Deadlines: Joint Status Report due by 7/20/2021. (hmc) (Entered: 06/21/2021)
2021-07-2012Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 07/20/2021)
2021-07-20MINUTE ORDER. Upon consideration of the 12 Joint Status Report, the parties shall submit a further Joint Status Report on or before August 19, 2021, proposing a schedule for further proceedings. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/20/2021. (lctnm1) (Entered: 07/20/2021)
2021-07-22Set/Reset Deadlines: Joint Status Report due by 8/19/2021. (hmc) (Entered: 07/22/2021)
2021-08-1913Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 08/19/2021)
2021-08-19MINUTE ORDER. Upon consideration of the 13 Joint Status Report, the parties shall submit a further Joint Status Report on or before September 28, 2021, proposing a schedule for further proceedings. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/19/2021. (lctnm1) (Entered: 08/19/2021)
2021-08-20Set/Reset Deadlines: Joint Status Report due by 9/28/2021. (ztg) (Entered: 08/20/2021)
2021-09-2814Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 09/28/2021)
2021-09-29MINUTE ORDER. Upon consideration of the 14 Joint Status Report, the parties shall submit a further Joint Status Report on or before October 28, 2021, proposing a schedule for further proceedings. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/29/2021. (lctnm1) (Entered: 09/29/2021)
2021-09-29Set/Reset Deadlines: Joint Status Report due by 10/28/2021. (hmc) (Entered: 09/29/2021)
2021-10-2815Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 10/28/2021)
2021-10-31MINUTE ORDER. Upon consideration of the 15 Joint Status Report, the parties shall submit a further Joint Status Report on or before November 30, 2021, proposing a schedule for further proceedings. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/31/21. (lctnm1) (Entered: 10/31/2021)
2021-11-01Set/Reset Deadlines: Joint Status Report due by 11/30/2021. (hmc) (Entered: 11/01/2021)
2021-11-3016Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 11/30/2021)
2021-12-02MINUTE ORDER: Upon consideration of the 16 Joint Status Report, the parties shall submit a further Joint Status Report on or before December 15, 2021, proposing a schedule for further proceedings. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/2/2021. (lctnm1) (Entered: 12/02/2021)
2021-12-02Set/Reset Deadlines: Joint Status Report due by 12/15/2021. (ztg) (Entered: 12/02/2021)
2021-12-1517Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 12/15/2021)
2021-12-17MINUTE ORDER. Upon consideration of the 17 Joint Status Report, the parties shall file a further Joint Status Report on or before January 15, 2022. If the parties anticipate further litigation, the joint status report should propose a briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/17/2021. (lctnm1) (Entered: 12/17/2021)
2021-12-20Set/Reset Deadlines: Joint Status Report due by 1/15/2022. (hmc) (Entered: 12/20/2021)
2022-01-1418Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 01/14/2022)
2022-01-19MINUTE ORDER. Upon consideration of the 18 Joint Status Report, the parties shall file a further Joint Status Report on or before February 16, 2022. If the parties anticipate further litigation, the joint status report should propose a briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/19/2022. (lctnm1) (Entered: 01/19/2022)
2022-01-20Set/Reset Deadlines: Joint Status Report due by 2/16/2022. (hmc) (Entered: 01/20/2022)
2022-02-1619Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 02/16/2022)
2022-02-17MINUTE ORDER: Upon consideration of the 19 Joint Status Report, the parties are hereby ORDERED to file another status report on or before March 18, 2022. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2022. (lctnm1) (Entered: 02/17/2022)
2022-02-18Set/Reset Deadlines: Joint Status Report due by 3/18/2022. (hmc) (Entered: 02/18/2022)
2022-03-1720NOTICE of Appearance by Joshua Loevy on behalf of BUZZFEED INC., JASON LEOPOLD (Loevy, Joshua) (Entered: 03/17/2022)
2022-03-1821Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 03/18/2022)
2022-03-22MINUTE ORDER: Upon consideration of the 21 Joint Status Report, the parties are hereby ORDERED to file another status report on or before April 18, 2022. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2022. (lctnm1) (Entered: 03/22/2022)
2022-03-22Set/Reset Deadlines: Joint Status Report due by 4/18/2022. (hmc) (Entered: 03/22/2022)
2022-04-1822Joint STATUS REPORT by BUZZFEED INC., JASON LEOPOLD. (Loevy, Joshua) (Entered: 04/18/2022)
2022-04-18MINUTE ORDER: Upon consideration of the 22 Joint Status Report, the parties are hereby ORDERED to file another status report on or before May 18, 2022. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/18/2022. (lctnm1) (Entered: 04/18/2022)
2022-04-19Set/Reset Deadlines: Joint Status Report due by 5/18/2022. (hmc) (Entered: 04/19/2022)
2022-05-1823Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 05/18/2022)
2022-05-19MINUTE ORDER: Upon consideration of the 23 Joint Status Report, the parties are hereby ORDERED to submit another status report on or before June 22, 2022. If the parties finalize a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/19/2022. (lctnm1) (Entered: 05/19/2022)
2022-05-19Set/Reset Deadlines: Joint Status Report due by 6/22/2022. (hmc) (Entered: 05/19/2022)
2022-06-2224Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 06/22/2022)
2022-06-23MINUTE ORDER: Upon consideration of the 24 Joint Status Report, the parties are hereby ORDERED to adhere to the following schedule: Plaintiffs' fee schedule is due on or before July 22; the Defendants opposition is due on or before August 19, 2022; Plaintiffs' reply, if any, is due on or before September 2. 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/23/2022. (lctnm1) (Entered: 06/23/2022)
2022-06-23Set/Reset Deadlines: Plaintiffs' fee schedule due by 7/22/2022. Opposition due by 8/19/2022. Reply due by 9/2/2022. (hmc) (Entered: 06/23/2022)
2022-07-2125Unopposed MOTION for Extension of Time to File Fee Petition by BUZZFEED INC., JASON LEOPOLD. (Loevy, Joshua) (Entered: 07/21/2022)
2022-07-21MINUTE ORDER granting the 25 Motion for Extension of Time. Plaintiff's petition for fees is now due on or before August 22, 2022; Defendant's response is due September 19, 2022; Plaintiff's reply, if any, is due on or before October 3, 2022. No further requests for extension will be granted. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/21/2022. (lctnm1) (Entered: 07/21/2022)
2022-07-22Set/Reset Deadlines: Plaintiff's petition for fees due by 8/22/2022; defendant's response due by 9/19/2022; plaintiff's reply, if any, due by 10/3/2022. (ztg) (Entered: 07/22/2022)
2022-08-0326STIPULATION of Dismissal by U.S. DEPARTMENT OF JUSTICE. (Holland, Liam) (Entered: 08/03/2022)
2022-08-08MINUTE ORDER: Upon consideration of the 26 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice except as to the Plaintiffs' claim to attorney's fees, costs, and other litigation expenses in this matter. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/8/2022. (lctnm1) (Entered: 08/08/2022)
2022-08-2227MOTION for Attorney Fees by BUZZFEED INC., JASON LEOPOLD. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Topic, Matthew) (Entered: 08/22/2022)
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