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Case TitleLEOPOLD et al v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00696
Date Filed2023-03-15
Date ClosedOpen
JudgeJudge Amir H. Ali
PlaintiffJASON LEOPOLD
PlaintiffBLOOMBERG L.P.
Case DescriptionBloomberg News Reporter Jason Leopold submitted a FOIA request to the National Archives and Records Administration for records concerning instances in prior administrations when records were not turned over to NARA in accordance with the Presidential Records Act. Leopold also requested expedited processing. The agency acknowledged receipt of the request. NARA granted Leopold's request for expedited processing and told that there were more than 25 other similar FOIA requests the agency was processing. It disclosed 75 pages of emails from the Biden administration pertaining to his vice-presidential records. There were some redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). After hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-151COMPLAINT against NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9928189) filed by JASON LEOPOLD, BLOOMBERG LP. (Attachments: # 1 Exhibit 1-4, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 03/15/2023)
2023-03-152NOTICE of Appearance by Matthew Topic on behalf of BLOOMBERG LP, JASON LEOPOLD (Topic, Matthew) (Entered: 03/15/2023)
2023-03-153LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BLOOMBERG LP (Topic, Matthew) (Entered: 03/15/2023)
2023-03-154SEALED DOCUMENT filed by JASON LEOPOLD(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 03/15/2023)
2023-03-15Case Assigned to Judge Ana C. Reyes. (zljn) (Entered: 03/15/2023)
2023-03-155SUMMONS (3) Issued Electronically as to NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 03/15/2023)
2023-04-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/15/2023. (Topic, Matthew) (Entered: 04/04/2023)
2023-04-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/24/2023. (Topic, Matthew) (Entered: 04/04/2023)
2023-04-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 3/20/2023 (Topic, Matthew) (Entered: 04/04/2023)
2023-04-179NOTICE of Appearance by Danielle Wolfson Young on behalf of All Defendants (Young, Danielle) (Entered: 04/17/2023)
2023-04-1710ANSWER to Complaint by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Young, Danielle) (Entered: 04/17/2023)
2023-05-1711SCHEDULING ORDER: The Initial Scheduling Conference in this matter is set for June 22, 2023, at 10:30 a.m. in Courtroom 12. Signed by Judge Ana C. Reyes on 5/17/2023. (lcsj) (Entered: 05/17/2023)
2023-05-18Set/Reset Deadlines/Hearings: Initial Scheduling Conference set for 6/22/2023 at 10:30 AM in Courtroom 12 before Judge Ana C. Reyes. (zcdw) (Entered: 05/18/2023)
2023-05-1812Joint MOTION to Reschedule the Initial Status Conference and Allow Plaintiffs Counsel to Appear via Videoconference by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Young, Danielle) Modified event on 5/18/2023 (znmw). (Entered: 05/18/2023)
2023-05-18MINUTE ORDER granting in part and denying in part the parties' 12 Joint Motion to Reschedule the Initial Status Conference. Counsel shall meet and confer and provide the Courtroom Deputy Clerk, Chashawn White (Chashawn_White@dcd.uscourts.gov), via e-mail, three alternative dates and times when both parties are available to proceed in person. Counsel's request to appear by video is denied. Signed by Judge Ana C. Reyes on 5/18/2023. (lcsj) (Entered: 05/18/2023)
2023-05-23NOTICE of Hearing: Initial Scheduling Conference set for 7/20/2023 at 2:00 PM in Courtroom 12 before Judge Ana C. Reyes. (zcdw) (Entered: 05/23/2023)
2023-06-2813NOTICE OF SUBSTITUTION OF COUNSEL by Kate Talmor on behalf of All Defendants Substituting for attorney Danielle Young (Talmor, Kate) (Entered: 06/28/2023)
2024-02-0514NOTICE OF SUBSTITUTION OF COUNSEL by Ross McNeill Slaughter on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Kate Talmor (Slaughter, Ross) (Entered: 02/05/2024)
2024-05-16MINUTE ORDER. The Court hereby ORDERS the parties to meet and confer and file a Joint Status Report on or before May 30, 2024. The Joint Status Report should address, among other things: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Ana C. Reyes on 5/16/2024. (lcsj) (Entered: 05/16/2024)
2024-05-1615STANDING ORDER. It is hereby ORDERED that the parties shall comply with the Court's Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 5/16/2024. (lcsj) (Entered: 05/16/2024)
2024-05-18Set/Reset Deadlines/Hearings: Joint Status Report due by 5/30/2024. (zcdw) (Entered: 05/18/2024)
2024-05-3016Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 05/30/2024)
2024-06-2817Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 06/28/2024)
2024-10-2518ENTERED IN ERROR.....Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) Modified on 10/28/2024; refiled as docket entry 19 (zdp). (Entered: 10/25/2024)
2024-10-2519Joint STATUS REPORT (Corrected) by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 10/25/2024)
2024-11-2220Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 11/22/2024)
2024-11-27Case directly reassigned to Judge Amir H. Ali. Judge Ana C. Reyes is no longer assigned to the case. (ztnr) (Entered: 11/27/2024)
2025-01-2421Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Slaughter, Ross) (Entered: 01/24/2025)
2025-02-2122NOTICE OF SUBSTITUTION OF COUNSEL by Cynthia Liao on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Ross Slaughter (Liao, Cynthia) (Entered: 02/21/2025)
2025-02-2723Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Liao, Cynthia) (Entered: 02/27/2025)
2025-04-0824NOTICE OF SUBSTITUTION OF COUNSEL by James O. Bickford on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Substituting for attorney Cynthia Liao (Bickford, James) (Entered: 04/08/2025)
2025-04-0825NOTICE of Appearance by Merrick Jason Wayne on behalf of BLOOMBERG L.P., JASON LEOPOLD (Wayne, Merrick) (Entered: 04/08/2025)
2025-04-0826NOTICE of Appearance by Stephen Stich Match on behalf of BLOOMBERG L.P., JASON LEOPOLD (Match, Stephen) (Entered: 04/08/2025)
2025-04-1427Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bickford, James) (Entered: 04/14/2025)
2025-04-15MINUTE ORDER. The Court is in receipt of the parties' 27 joint status report. The parties shall file another joint status report by May 19, 2025. Signed by Judge Amir H. Ali on 4/15/2025. (lcaha2) (Entered: 04/15/2025)
2025-05-1928Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bickford, James) (Entered: 05/19/2025)
2025-05-20MINUTE ORDER. The Court is in receipt of the parties' 28 joint status report. Defendant made its final production on October 25, 2024, nearly seven months ago. The parties' last two status reports have confirmed that Defendant provided Plaintiffs with a search description and Vaughn index. The parties shall file another joint status report by June 20, 2025. The status report shall confirm that Plaintiffs have reviewed the Vaughn index. To the extent Plaintiffs identify any issues, the parties shall meet and confer in person or by video to resolve them. If issues still remain, they should be identified with specificity in the status report along with each party's position. Signed by Judge Amir H. Ali on 5/20/2025. (lcaha2) (Entered: 05/20/2025)
2025-06-1829Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bickford, James) (Entered: 06/18/2025)
2025-06-20MINUTE ORDER. The Court is in receipt of the parties' 29 joint status report. The parties shall file another joint status report by July 18, 2025. Signed by Judge Amir H. Ali on 6/20/2025. (lcaha2) (Entered: 06/20/2025)
2025-07-1830Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bickford, James) (Entered: 07/18/2025)
2025-07-21MINUTE ORDER. The Court is in receipt of the parties' 30 joint status report. The report indicates that the parties are requesting more time to discuss potential settlement and that Plaintiffs have made a settlement offer. The parties shall file another joint status report by August 29, 2025. Signed by Judge Amir H. Ali on 7/21/2025. (lcaha2) (Entered: 07/21/2025)
2025-08-2931Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bickford, James) (Entered: 08/29/2025)
2025-09-02MINUTE ORDER. The Court is in receipt of the parties' 31 joint status report. The report indicates that the parties are engaged in productive settlement negotiations that would obviate the need for further litigation. The parties shall file another joint status report by September 30, 2025, unless a stipulation of dismissal has been filed by that date. Signed by Judge Amir H. Ali on 9/2/2025. (lcaha2) (Entered: 09/02/2025)
2025-09-3032Joint STATUS REPORT by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Bickford, James) (Entered: 09/30/2025)
2025-10-01MINUTE ORDER. The Court is in receipt of the parties' 32 joint status report. The parties shall file another joint status report by October 29, 2025, unless a stipulation of dismissal has been filed by that date. Signed by Judge Amir H. Ali on 10/1/2025. (lcaha2) (Entered: 10/01/2025)
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