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Case TitleHeritage Foundation et al v. Weiss et al
DistrictDistrict of Delaware
CityWilmington
Case Number1:2023cv01421
Date Filed2023-12-11
Date ClosedOpen
JudgeJudge Maryellen Noreika
PlaintiffHeritage Foundation
PlaintiffMike Howell
Case DescriptionThe Heritage Foundation submitted a FOIA request to David Weiss, U.S. Attorney for the District of Delaware, for records concerning the topics mentioned in a letter from the House Oversight Committee sent to Weiss pertaining to his investigation of Hunter Biden. The request also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted the Heritage Foundation's request for expedited processing. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDavid C. Weiss in his official capacity as United States Attorney for the District of Delaware
DefendantU.S. Department of Justice
Documents
Docket
Complaint
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Complaint attachment 12
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Complaint attachment 17
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-111COMPLAINT filed against U.S. Department of Justice, David C. Weiss ( Filing fee $ 405, receipt number ADEDC-4292302.) - filed by Heritage Foundation, Mike Howell. (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 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Civil Cover Sheet)(mpb) (Entered: 12/12/2023)
2023-12-112Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) (Entered: 12/12/2023)
2023-12-11DEFICIENCY NOTICE issued by the Court to Plaintiff: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (mpb) (Entered: 12/12/2023)
2023-12-113Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons Issued)(mpb) (Entered: 12/12/2023)
2023-12-13Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 12/13/2023)
2023-12-234Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Heritage Foundation, Mike Howell. (Murray, Julianne) (Entered: 12/23/2023)
2024-01-155Pro Hac Vice Fee - Credit Card Payment received for Samuel Everett Dewey. ( Payment of $ 50, receipt number ADEDC-4314618).(Murray, Julianne) (Entered: 01/15/2024)
2024-01-156MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey - filed by Heritage Foundation, Mike Howell. (Murray, Julianne) (Entered: 01/15/2024)
2024-01-157Return of Service Executed by Heritage Foundation, Mike Howell. U.S. Department of Justice served on 1/5/2024, answer due 1/26/2024. (Murray, Julianne) (Entered: 01/15/2024)
2024-01-158Return of Service Executed by Heritage Foundation, Mike Howell. David C. Weiss served on 1/9/2024, answer due 1/30/2024. (Murray, Julianne) (Entered: 01/15/2024)
2024-01-16SO ORDERED re 6 MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey filed by Heritage Foundation, Mike Howell. ORDERED by Judge Maryellen Noreika on 1/16/2024. (dlw) (Entered: 01/16/2024)
2024-02-089NOTICE of Appearance by Michael Patrick Clendenen on behalf of U.S. Department of Justice, David C. Weiss (Clendenen, Michael) (Entered: 02/08/2024)
2024-02-0810ANSWER to 1 Complaint,, by U.S. Department of Justice, David C. Weiss.(Clendenen, Michael) (Entered: 02/08/2024)
2024-02-1211ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 2/12/2024. (dlw) (Entered: 02/12/2024)
2024-03-1312Joint RESPONSE to Order re 11 Oral Order,, filed by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 03/13/2024)
2024-03-1413ORAL ORDER re 12 Response to Order - IT IS HEREBY ORDERED that the parties' joint request to file joint status report no later than 4/12/2024 is GRANTED. ORDERED by Judge Maryellen Noreika on 3/14/2024. (dlw) (Entered: 03/14/2024)
2024-04-1214Joint STATUS REPORT by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 04/12/2024)
2024-04-1715ORDER - IT IS HEREBY ORDERED that the following schedule shall govern summary judgment briefing in this matter: Opening Brief due 5/17/2024. Answering Brief/Cross Motion due 6/14/2024. Reply Brief/Opposition to Cross Motion due 7/12/2024. Surreply in support of Cross Motion due 8/9/2024. Signed by Judge Maryellen Noreika on 4/17/2024. (dlw) (Entered: 04/17/2024)
2024-05-1516Unopposed MOTION for Extension of Time to Move for Summary Judgment - filed by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) Modified on 5/15/2024 (dlw). (Entered: 05/15/2024)
2024-05-15SO ORDERED re 16 Unopposed MOTION for Extension of Time to Move for Summary Judgment (Set Briefing Schedule - Opening Brief due 5/24/2024. Answering Brief/Cross Motion due 6/21/2024. Reply Brief/Opposition to Cross Motion due 7/19/2024. Surreply in support of Cross Motion due by 8/16/2024). ORDERED by Judge Maryellen Noreika on 5/15/2024. (dlw) (Entered: 05/15/2024)
2024-05-2417MOTION for Summary Judgment - filed by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Exhibit Declaration of Kara Cain)(Clendenen, Michael) (Entered: 05/24/2024)
2024-06-1418ANSWERING BRIEF in Opposition re 17 MOTION for Summary Judgment and Cross Motion for Summary Judgment filed by Heritage Foundation, Mike Howell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Declaration of Julianne E. Murray)(Murray, Julianne) Modified on 6/14/2024 (dlw). (Entered: 06/14/2024)
2024-07-1919REPLY to Response to Motion re 17 MOTION for Summary Judgment and Response in Opposition to Cross-Motion for Summary Judgment filed by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Affidavit Declaration of Michael P. Clendenen)(Clendenen, Michael) Modified on 7/19/2024 (dlw). (Entered: 07/19/2024)
2024-08-1620SUR-REPLY BRIEF re 17 MOTION for Summary Judgment filed by Heritage Foundation, Mike Howell. (Murray, Julianne) (Entered: 08/16/2024)
2024-12-1021NOTICE Regarding Motion for Summary Judgment by David C. Weiss, U.S. Department of Justice re 17 MOTION for Summary Judgment (Clendenen, Michael) Modified on 12/12/2024 (dlw). (Entered: 12/10/2024)
2025-02-0722ORAL ORDER Setting Teleconference - IT IS HEREBY ORDERED that a Telephone Conference is set for 2/24/2025 at 02:00 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's Judicial Administrator. ORDERED by Judge Maryellen Noreika on 2/7/2025. (dlw) (Entered: 02/07/2025)
2025-02-2123MOTION for Leave to File Plaintiffs' Response to Defendants' Notice (DI 21) - filed by Heritage Foundation, Mike Howell. (Attachments: # 1 Plaintiffs Response to Defendants' Notice Regarding Motion for SJ, # 2 Declaration of Julianne E. Murray, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10)(Murray, Julianne) Modified on 2/24/2025 (dlw). (Entered: 02/21/2025)
2025-02-24Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 2/24/2025. (Court Reporter Dale Hawkins.) (mdb) (Entered: 02/24/2025)
2025-02-2824MOTION for Extension of Time to File Notice - filed by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) Modified on 3/3/2025 (dlw). (Entered: 02/28/2025)
2025-03-03SO ORDERED re 24 MOTION for Extension of Time to File Notice to 3/14/2025. Defendants should not expect the Court to grant any further extensions. ORDERED by Judge Maryellen Noreika on 3/3/2025. (dlw) (Entered: 03/03/2025)
2025-03-1425NOTICE Regarding Motion for Summary Judgment by U.S. Department of Justice, David C. Weiss (Clendenen, Michael) Modified on 3/14/2025 (dlw). (Entered: 03/14/2025)
2025-03-1426ORAL ORDER re 17 MOTION for Summary Judgment, 23 MOTION for Leave to File - In light of the representation made in Defendants' 25 Notice, IT IS HEREBY ORDERED that the pending motions (D.I. 17 , 23 ) are DENIED AS MOOT with leave to renew should the need arise. ORDERED by Judge Maryellen Noreika on 3/14/2025. (dlw) (Entered: 03/14/2025)
2025-03-1427ORAL ORDER re 25 Notice - IT IS HEREBY ORDERED that Defendants' proposal to submit a Joint Status Report no later than 4/4/2025 is GRANTED. ORDERED by Judge Maryellen Noreika on 3/14/2025. (dlw) (Entered: 03/14/2025)
2025-04-0428Joint STATUS REPORT by U.S. Department of Justice, David C. Weiss. (Attachments: # 1 Text of Proposed Order)(Clendenen, Michael) (Entered: 04/04/2025)
2025-04-1529ORAL ORDER re 28 Joint Status Report - IT IS HEREBY ORDERED that the parties' request to file a further joint status report no later than 7/11/2025 is GRANTED. ORDERED by Judge Maryellen Noreika on 4/15/2025. (dlw) (Entered: 04/15/2025)
2025-05-1430NOTICE OF SUBSTITUTION OF COUNSEL re All Defendants : Entry of appearance of attorney Jason C. Lynch. Attorney Michael P. Clendenen terminated. (Lynch, Jason) (Entered: 05/14/2025)
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