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Case TitleADVANCING AMERICAN FREEDOM et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00743
Date Filed2023-03-20
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffADVANCING AMERICAN FREEDOM
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
PlaintiffHERITAGE ACTION FOR AMERICA
Case DescriptionAdvancing American Freedom and the Heritage Foundation submitted a FOIA request to the Department of Justice for concerning the increased attacks on Catholic symbols in the United States. AAF and the Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. EOUSA and the FBI both responded by indicating the request was too broad to conduct a search. AAF and the Heritage Foundation then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, 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
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-201COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9939374) filed by HERITAGE ACTION FOR AMERICA, ADVANCING AMERICAN FREEDOM, MIKE HOWELL, HERITAGE FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8)(Dewey, Samuel) (Entered: 03/20/2023)
2023-03-21Case Assigned to Judge Trevor N. McFadden. (zcb) (Entered: 03/21/2023)
2023-03-212SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 03/21/2023)
2023-03-233STANDING 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 3/23/2023. (lctnm1) (Entered: 03/23/2023)
2023-04-194NOTICE of Appearance by Jacob Stephen Siler on behalf of U.S. DEPARTMENT OF JUSTICE (Siler, Jacob) (Entered: 04/19/2023)
2023-04-195Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Siler, Jacob) (Entered: 04/19/2023)
2023-04-19MINUTE ORDER: The Government's 5 Consent Motion for Extension of Time is granted. The Government's response is now due by May 2, 2023. The Government is admonished to review and follow the Court's Standing Order, which directs that extension requests must be made four days before the first affected date. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/19/2023. (lctnm1) (Entered: 04/19/2023)
2023-04-19Set/Reset Deadlines: Government's response due by 5/2/2023. (hmc) (Entered: 04/19/2023)
2023-05-026ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Siler, Jacob) (Entered: 05/02/2023)
2023-05-03MINUTE 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 Plaintiffs' FOIA request, the anticipated number of documents responsive to Plaintiffs' FOIA request, the anticipated date(s) for release of the documents requested by Plaintiffs, 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 by June 3, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2023. (lctnm1) (Entered: 05/03/2023)
2023-05-04Set/Reset Deadlines: Joint Status Report due by 6/3/2023. (hmc) (Entered: 05/04/2023)
2023-05-127NOTICE of Appearance by Daniel D. Mauler on behalf of HERITAGE ACTION FOR AMERICA (Mauler, Daniel) (Entered: 05/12/2023)
2023-06-028Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Siler, Jacob) (Entered: 06/02/2023)
2023-06-02MINUTE ORDER: The parties shall submit another Joint Status Report by August 4, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/2/2023. (lctnm1) (Entered: 06/02/2023)
2023-06-02Set/Reset Deadlines: Joint Status Report due by 8/4/2023. (hmc) (Entered: 06/02/2023)
2023-08-049NOTICE of Appearance by John T. Lewis on behalf of U.S. DEPARTMENT OF JUSTICE (Lewis, John) (Entered: 08/04/2023)
2023-08-0410Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 08/04/2023)
2023-08-07MINUTE ORDER: The parties shall submit another Joint Status Report by October 3, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/7/2023. (lctnm1) (Entered: 08/07/2023)
2023-10-0311Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 10/03/2023)
2023-10-03MINUTE ORDER: The parties shall submit another Joint Status Report by December 4, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/03/2023. (lctnm1) (Entered: 10/03/2023)
2023-12-0412Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 12/04/2023)
2023-12-05MINUTE ORDER: The parties shall submit another Joint Status Report by February 2, 2024. The Report should evaluate the need for a Vaughn index or dispositive motions. If the parties believe that dispositive motions are necessary, their counsel shall first meet in-person to discuss the sufficiency of the Government's productions after all productions are complete. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/05/2023. (lctnm1) (Entered: 12/05/2023)
2023-12-0713NOTICE of Appearance by Marcia Kay Sowles on behalf of U.S. DEPARTMENT OF JUSTICE (Sowles, Marcia) (Entered: 12/07/2023)
2024-02-0214Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 02/02/2024)
2024-02-06MINUTE ORDER: The parties shall submit another Joint Status Report by March 4, 2024. And the parties shall appear for an in-person status conference at 2:00 p.m. on March 20, 2024, in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 02/06/2024. (lctnm1) (Entered: 02/06/2024)
2024-03-0415Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 03/04/2024)
2024-03-20Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 3/20/2024. Joint Status Report due by 4/30/2024. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 03/20/2024)
2024-04-3016NOTICE of Appearance by Daniel Riess on behalf of All Defendants (Riess, Daniel) (Entered: 04/30/2024)
2024-04-3017Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Riess, Daniel) (Entered: 04/30/2024)
2024-05-03MINUTE ORDER: The parties shall submit another Joint Status Report by June 7, 2024, proposing next steps in this action. See Minute Order (Dec. 5, 2023). SO ORDERED. Signed by Judge Trevor N. McFadden on 5/3/2024. (lctnm1) (Entered: 05/03/2024)
2024-06-0718Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Riess, Daniel) (Entered: 06/07/2024)
2024-06-07MINUTE ORDER: The parties shall submit another Joint Status Report by July 12, 2024, proposing next steps in this action. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/07/2024. (lctnm1) (Entered: 06/07/2024)
2024-07-1219Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Riess, Daniel) (Entered: 07/12/2024)
2024-07-15MINUTE ORDER: The parties shall submit another Joint Status Report by August 12, 2024, proposing next steps in this action. SO ORDERED. Signed by Judge Trevor N. McFadden on 07/15/2024. (lctnm1) (Entered: 07/15/2024)
2024-08-1220Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 08/12/2024)
2024-08-13MINUTE ORDER: The parties shall submit another Joint Status Report by September 11, 2024, proposing next steps in this action. SO ORDERED. Signed by Judge Trevor N. McFadden on 08/13/2024. (lctnm1) (Entered: 08/13/2024)
2024-09-1121Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lewis, John) (Entered: 09/11/2024)
2024-09-11MINUTE ORDER: The parties shall appear for an in-person status conference on October 11, 2024, at 2:00 p.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/11/2024. (lctnm1) (Entered: 09/11/2024)
2024-09-1222Consent MOTION to Re-Schedule October 11, 2024 Status Conference re Order, Set Hearings by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Lewis, John) (Entered: 09/12/2024)
2024-09-13MINUTE ORDER: The Court GRANTS the Government's 22 Consent Motion to Reschedule Hearing. The in-person status conference set for October 11 is CONTINUED to October 18 at 10:30 a.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 09/13/2024. (lcntm1) (Entered: 09/13/2024)
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