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Case TitleSoutheastern Legal Foundation, Inc. v. National Archives and Records Administration
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2023cv03819
Date Filed2023-08-28
Date ClosedOpen
JudgeJudge Leigh Martin May
PlaintiffSoutheastern Legal Foundation, Inc.
Case DescriptionSoutheastern Legal Foundation submitted a FOIA request to the National Archives and Records Administration for records concerning emails for Joe Biden while he was vice president for three listed email addresses, which were alleged to have been used by Joe Biden while he was vice president to transmit official information to his son Hunter Biden. SLF also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, SLF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNational Archives and Records Administration
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-281COMPLAINT filed by Southeastern Legal Foundation, Inc. (Filing fee $402, receipt number AGANDC-12844605) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Civil Cover Sheet)(dnb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 08/28/2023)
2023-08-282Electronic Summons Issued as to National Archives and Records Administration (dnb) (Entered: 08/28/2023)
2023-08-283Electronic Summons Issued as to United States Department of Justice (dnb) (Entered: 08/28/2023)
2023-08-284Summons Issued as to U.S. Attorney's Office (dnb) (Entered: 08/28/2023)
2023-08-285STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 8/28/2023. (bnp) (Entered: 08/28/2023)
2023-09-126Certificate of Interested Persons and Corporate Disclosure Statement by Southeastern Legal Foundation, Inc.. (Myers, David) (Entered: 09/12/2023)
2023-09-217AFFIDAVIT OF SERVICE re 2 Summons Issued as to USA, 3 Summons Issued as to USA, 4 Summons Issued as to USA by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Exhibit Exhibit 1. NARA Green Card, # 2 Exhibit Exhibit 2. U.S. Attorney, N.D. Ga. Green Card, # 3 Exhibit Exhibit 3. U.S. Attorney General Green Card)(Myers, David) (Entered: 09/21/2023)
2023-09-298ANSWER to 1 COMPLAINT by National Archives and Records Administration. Discovery ends on 2/26/2024.(Snow, Kyla) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/29/2023)
2023-10-269Notice for Leave of Absence for the following date(s): October 27, 2023, through November 10, 2023 by National Archives and Records Administration (Snow, Kyla) Modified on 10/29/2023 - edit event, qc email sent to counsel (tht). (Entered: 10/26/2023)
2023-10-3010JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Southeastern Legal Foundation, Inc.. (Boucek, Braden) (Entered: 10/30/2023)
2023-10-3011SCHEDULING ORDER: Upon review of the information contained in the Joint Preliminary Report and Discovery Plan 10 form completed and filed by the parties, the Court orders that, by December 8, 2023, the parties submit a Joint Status Report addressing: (1) the status of the parties' negotiations over any narrowing of Plaintiffs FOIA request; (2)NARAs rates of processing and production of documents; (3) proposals for nextsteps in the case. Signed by Judge Leigh Martin May on 10/30/2023. (tht) (Entered: 10/30/2023)
2023-12-0812STATUS REPORT by National Archives and Records Administration. (Attachments: # 1 Exhibit A - Declaration of Elizabeth Fidler)(Snow, Kyla) (Entered: 12/08/2023)
2023-12-1413ORDER: Plaintiff shall file a brief in support of its position on or before January 9, 2024. Defendant shall file its response within 14 days of Plaintiff's brief being filed. Plaintiff may file a reply within 7 days of the response. The Court will then set a Zoom conference call. These issues will be decided on an expedited basis. Signed by Judge Leigh Martin May on 12/14/2023. (tht) (Entered: 12/14/2023)
2024-01-0914PRETRIAL MEMORANDUM by Southeastern Legal Foundation, Inc.. (Hermann, Kimberly) (Entered: 01/09/2024)
2024-01-2315RESPONSE re 14 Pretrial Memorandum , in Support of Defendant's JSR Position filed by National Archives and Records Administration. (Attachments: # 1 Exhibit 1 - Fidler Declaration, # 2 Exhibit 2 - Email to Counsel, # 3 Exhibit 3 - Sample Withdrawal Sheets)(Snow, Kyla) (Entered: 01/23/2024)
2024-01-3016RESPONSE re 14 Pretrial Memorandum Reply Brief in Support of Joint Status Report Position filed by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Declaration of Kimberly Hermann, # 2 Exhibit October 2021 Email Exchange, # 3 Exhibit NARA Final Determination Letter)(Boucek, Braden) (Entered: 01/30/2024)
2024-01-31Submission of 13 Order to District Judge Leigh Martin May. (bnp) (Entered: 01/31/2024)
2024-02-0117NOTICE by National Archives and Records Administration (Snow, Kyla) (Entered: 02/01/2024)
2024-02-0218NOTICE by Southeastern Legal Foundation, Inc. Certificate of Consent to Withdraw as Counsel (Myers, David) (Entered: 02/02/2024)
2024-03-0119NOTICE of Appearance by Jacob S. Siler on behalf of National Archives and Records Administration (Siler, Jacob) (Entered: 03/01/2024)
2024-03-08NOTICE OF VIDEO PROCEEDING: Hearing set for 3/25/2024 at 01:30 PM via Zoom before Judge Leigh Martin May. Zoom information emailed to counsel. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnp) (Entered: 03/08/2024)
2024-03-2520Minute Entry for proceedings held before Judge Leigh Martin May: Status Conference held on 3/25/2024. Zoom hearing held to address Plaintiff's request for an order to increase NARA's rate of processing and to produce Vaughn Indexes. The Court held Plaintiff's request in abeyance. Defense counsel will file a status report in 3 months. Plaintiff will have an opportunity to respond to Defendant's status report. (Court Reporter Montrell Vann)(jbu) (Entered: 03/25/2024)
2024-06-2521STATUS REPORT by National Archives and Records Administration. (Siler, Jacob) (Entered: 06/25/2024)
2024-09-2522STATUS REPORT by National Archives and Records Administration. (Snow, Kyla) (Entered: 09/25/2024)
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