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Case TitleAmericans for Prosperity Foundation v. National Archives and Records Administration et al
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2023cv01433
Date Filed2023-10-19
Date ClosedOpen
JudgeDistrict Judge Claude M. Hilton
PlaintiffAmericans for Prosperity Foundation
Case DescriptionAmericans for Prosperity Foundation submitted a FOIA request to National Archives and Records Administration and the Department of Justice for records concerning the disposition of the Office of Legal Counsel opinions. AFPF also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from either agency, AFPF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Archives and Records Administration
DefendantU.S. Department Of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-191Complaint ( Filing fee $ 402, receipt number AVAEDC-9179873.), filed by Americans for Prosperity Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-192Corporate Disclosure Statement by Americans for Prosperity Foundation. (Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-193Proposed Summons as to National Archives & Records Administration by Americans for Prosperity Foundation. (Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-194Proposed Summons as to U.S. Department of Justice by Americans for Prosperity Foundation. (Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-195Proposed Summons as to Attorney General of the United States by Americans for Prosperity Foundation. (Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-196Proposed Summons as to U.S. Attorney's Office by Americans for Prosperity Foundation. (Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-197NOTICE by Americans for Prosperity Foundation re 6 Proposed Summons, 4 Proposed Summons, 3 Proposed Summons, 5 Proposed Summons (Mulvey, Ryan) (Entered: 10/19/2023)
2023-10-19Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Ivan D. Davis. (Sbro) (Entered: 10/23/2023)
2023-10-238Summons Issued as to National Archives and Records Administration, U.S. Department Of Justice, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (Sbro) (Entered: 10/23/2023)
2023-11-069SUMMONS Returned Executed by Americans for Prosperity Foundation. U.S. Attorney served 10/26/2023, answer due date 12/26/2023, U.S. Attorney General served on 11/2/2023, National Archives and Records Administration served on 10/25/2023, Department of Justice served on 11/2/2023. (Mulvey, Ryan) Modified on 11/8/2023 (Sbro). (Entered: 11/06/2023)
2023-11-0610NOTICE by Americans for Prosperity Foundation re 9 Summons Returned Executed as to USA (Mulvey, Ryan) (Entered: 11/06/2023)
2023-11-2711ANSWER to Complaint by National Archives and Records Administration, U.S. Department Of Justice.(Fuchs, Yuri) (Entered: 11/27/2023)
2023-11-2712STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 11/27/2023)
2023-11-2713ORDERED that, on or before January 11, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of volume of any records yet to be processed and a negotiated schedule for rolling responses, as appropriate (See Order for Details). Signed by District Judge Claude M. Hilton on 11/27/2023. (lcre, ) (Entered: 11/27/2023)
2024-01-1114STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 01/11/2024)
2024-01-1115ORDERED that, on or before February 12, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate (See Order for further Details). Signed by District Judge Claude M. Hilton on 1/11/2024. (Dcrow, ) (Entered: 01/11/2024)
2024-02-1216STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 02/12/2024)
2024-02-2017It is hereby ORDERED that, on or before March 13, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate re 16 Status Report (See Order for further details). Signed by District Judge Claude M. Hilton on 2/20/2024. (Sbro) (Entered: 02/20/2024)
2024-03-1318STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 03/13/2024)
2024-03-1319It is hereby ORDERED that, on or before April 12, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate re 18 STATUS REPORT (Joint) (See Order for further details). Signed by District Judge Claude M. Hilton on 3/13/2024. (Sbro, ) (Entered: 03/13/2024)
2024-04-1220STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 04/12/2024)
2024-04-1521It is hereby ORDERED that, on or before May 13, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate re 20 Status Report (See Order for further details). Signed by District Judge Claude M. Hilton on 4/15/2024. (Sbro, ) (Entered: 04/15/2024)
2024-05-1322STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 05/13/2024)
2024-05-2023it is hereby ORDERED that, on or before June 12, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate re 22 Status Report filed by National Archives and Records Administration, U.S. Department Of Justice (See Order for further details). Signed by District Judge Claude M. Hilton on 5/20/2024. (Sbro, ) (Entered: 05/20/2024)
2024-06-1224STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 06/12/2024)
2024-06-1225ORDERED that, on or before July 12, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate. ORDERED that following the Joint Status Report to be filed on July 12, 2024, the parties will either mutually stipulate to the dismissal of the action; file another joint status report within 30 days, if there are any further steps to be taken with regards to Plaintiff's FOIA requests; or filea joint motion for a briefing schedule for cross-motions for summary judgment, if the parties are at an impasse. Signed by District Judge Claude M. Hilton on 6/12/2024. (swil) (Entered: 06/12/2024)
2024-07-1226STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 07/12/2024)
2024-07-1227ORDERED that, on or before August 12, 2024, the parties will file a joint status report apprising the Court of the status of Plaintiff's FOIA requests that are the subject of this action, including an estimate of the volume of any records yet to be processed and an updated on the schedule for rolling responses, as appropriate. ORDERED that following the Joint Status Report to be filed on August 12, 2024, the parties will either mutually stipulate to the dismissal of the action; file another joint status report within 30 days, if there are any further steps to be taken with regards to Plaintiff's FOIA requests; or file a joint motion for a briefing schedule for cross-motions for summary judgment,if the parties are at an impasse. Signed by District Judge Claude M. Hilton on 7/12/2024. (swil) (Entered: 07/12/2024)
2024-08-1228STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 08/12/2024)
2024-08-1329ORDERED that, on or before September 12, 2024, the parties will file a joint status report apprising the Court of the status of the parties' efforts to narrow the issues in dispute in re 28 STATUS REPORT (Joint) (See Order for further details). Signed by District Judge Claude M. Hilton on 8/13/2024. (Sbro, ) (Entered: 08/13/2024)
2024-09-1230STATUS REPORT (Joint) by National Archives and Records Administration, U.S. Department Of Justice. (Attachments: # 1 Proposed Order)(Fuchs, Yuri) (Entered: 09/12/2024)
2024-09-1331ORDERED that, on or before October 15, 2024, the parties will file a joint status report apprising the Court of the status of the parties' efforts to narrow the issues in dispute re 30 Status Report (See Order for further details). Signed by District Judge Claude M. Hilton on 9/13/2024. (Sbro, ) (Entered: 09/13/2024)
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