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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00200
Date Filed2024-01-23
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning Attorney General Merrick Garland's basis for making statement about Special Counsel David Weiss' authority in the investigation of Hunter Biden. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied the request because it failed to adequately describe the records sought. The Heritage Foundation filed an administrative appeal of the denial. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
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Complaint attachment 11
Complaint attachment 12
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Complaint attachment 15
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Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-231COMPLAINT against U.S. DEPARTMENT OF JUSTICE with Jury Demand ( Filing fee $ 405 receipt number ADCDC-10639699) filed by HERITAGE FOUNDATION, MIKE HOWELL. (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, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14)(Dewey, Samuel) (Entered: 01/23/2024)
2024-01-232NOTICE OF RELATED CASE by HERITAGE FOUNDATION, MIKE HOWELL. Case related to Case No. 23-cv-1854. (Dewey, Samuel) (Entered: 01/23/2024)
2024-01-25Case Assigned to Judge Dabney L. Friedrich. (zcb) (Entered: 01/25/2024)
2024-01-253SUMMONS (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: 01/25/2024)
2024-01-254STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on January 25, 2024. (lcdlf2) (Entered: 01/25/2024)
2024-01-315NOTICE of Appearance by Jason C. Lynch on behalf of U.S. DEPARTMENT OF JUSTICE (Lynch, Jason) (Entered: 01/31/2024)
2024-01-316NOTICE of Objection Under Local Civil Rule 40.5(b)(2) to Plaintiffs' 2 Notice of Designation of Related Civil Cases by U.S. DEPARTMENT OF JUSTICE (Lynch, Jason) (Entered: 01/31/2024)
2024-01-31MINUTE ORDER. The plaintiffs are directed to file a response—not to exceed 5 pages—to the defendant's 6 Objection to Plaintiffs' Related-Case Designation on or before February 7, 2024. So Ordered by Judge Dabney L. Friedrich on January 31, 2024. (lcdlf2) (Entered: 01/31/2024)
2024-02-017NOTICE of Appearance by Eric Neal Cornett on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Cornett, Eric) (Entered: 02/01/2024)
2024-02-078RESPONSE re 6 Notice (Other) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 02/07/2024)
2024-02-139ORDER regarding the plaintiffs' 2 Notice of Designation of Related Civil Cases. Upon consideration of the parties' submissions, the Court concludes that this case is not related to Heritage Foundation v. U.S. Department of Justice , 23-cv-1854, under Local Rule 40.5(a)(3). The Clerk of Court is directed to transfer this case to the Calendar and Case Management Committee under Local Rule 40.5(c)(1) for further proceedings. See text for details. Signed by Judge Dabney L. Friedrich on February 13, 2024. (lcdlf2) (Entered: 02/13/2024)
2024-02-14Case randomly reassigned to Judge Reggie B. Walton as the case is not related to an earlier filed case. Judge Dabney L. Friedrich is no longer assigned to the case. (rj) (Entered: 02/14/2024)
2024-02-2610ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Lynch, Jason) (Entered: 02/26/2024)
2024-03-0811GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on March 8, 2024. (lcrbw1) (Entered: 03/08/2024)
2024-03-08MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before April 8, 2024, the parties shall file a joint proposed briefing schedule governing further proceedings. Signed by Judge Reggie B. Walton on March 8, 2024. (lcrbw1) (Entered: 03/08/2024)
2024-04-0812Joint STATUS REPORT and Proposal for Further Proceedings by U.S. DEPARTMENT OF JUSTICE. (Lynch, Jason) (Entered: 04/08/2024)
2024-04-11MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report and Proposal for Further Proceedings, and for good cause shown, it is hereby ORDERED that, on or before April 29, 2024, the parties shall submit a joint status report regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on April 11, 2024. (lcrbw1) (Entered: 04/11/2024)
2024-04-2613Joint STATUS REPORT and Proposal for Further Proceedings by U.S. DEPARTMENT OF JUSTICE. (Lynch, Jason) (Entered: 04/26/2024)
2024-05-1014ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before June 14, 2024, the defendant shall file its motion for summary judgment. It is further ORDERED that, on or before July 5, 2024, the plaintiffs shall file their combined opposition to the defendant's motion and cross-motion for summary judgment. It is further ORDERED that, on or before July 26, 2024, the defendant shall file its combined reply in support of its motion and opposition to the plaintiffs' cross-motion. It is further ORDERED that, on or before August 9, 2024, the plaintiffs shall file a reply in support of their cross-motion. It is further ORDERED that the parties shall appear before the Court for a status conference on December 6, 2024, at 9:00 a.m., which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on May 10, 2024. (lcrbw1) (Entered: 05/10/2024)
2024-06-1115MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Lynch, Jason) (Entered: 06/11/2024)
2024-06-1116NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 16 replaced on 6/12/2024) (znmw). (Entered: 06/11/2024)
2024-06-1217ENTERED IN ERROR.....Memorandum in opposition to re 15 Motion for Extension of Time to filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) Modified on 6/13/2024; refiled as docket entry 18 (znmw). (Entered: 06/12/2024)
2024-06-1218Memorandum in opposition to re 15 Motion for Extension of Time to filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 06/12/2024)
2024-06-1219DECLARATION of Max Taylor Matheu by HERITAGE FOUNDATION, MIKE HOWELL re 18 Memorandum in Opposition. (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)(Dewey, Samuel) (Entered: 06/12/2024)
2024-06-1221ORDER. In accordance with the attached Order, it is hereby ORDERED that the defendant's 15 Motion for Two-Week Extension of Time to Move for Summary Judgment, and Motion to File Ex Parte Declaration in Support is GRANTED. It is further ORDERED that the defendant's ex parte declaration is ACCEPTED AS FILED and the Clerk of the Court shall forthwith file the declaration on the docket under seal. It is further ORDERED that, on or before June 21, 2024, the defendant shall file a redacted copy of its ex parte declaration on the public docket, redacting only the information that should be shielded from public view. It is further ORDERED that, on or before June 28, 2024, the defendant shall file its motion for summary judgment. It is further ORDERED that, on or before July 29, 2024, the plaintiffs shall file their combined opposition to the defendant's motion and cross-motion for summary judgment. It is further ORDERED that, on or before August 9, 2024, the defendant shall file its combined reply in support of its motion and opposition to the plaintiffs' cross-motion. It is further ORDERED that, on or before August 23, 2024, the plaintiffs shall file a reply in support of their cross-motion. It is further ORDERED that the status conference currently scheduled for December 6, 2024, is CONTINUED to December 20, 2024, at 9:00 a.m., which will serve as a target date for the resolution of the parties' summary judgment motions. Signed by Judge Reggie B. Walton on June 12, 2024. (lcrbw1) (Entered: 06/12/2024)
2024-06-17Set/Reset Deadlines: Defendant Redacted Copy Of Ex Parte Declaration On The Public Docket due by 6/21/2024. (mac) (Entered: 06/17/2024)
2024-06-2122RESPONSE TO ORDER OF THE COURT re 21 Order on Motion for Extension of Time to,,,,,,, Set/Reset Deadlines/Hearings,,,,,, Redacted Form of Ex Parte Declaration filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration (Redacted per Court order))(Lynch, Jason) (Entered: 06/21/2024)
2024-06-2823MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Bobak Talebian (June 28, 2024), # 3 Vaughn Index, # 4 Text of Proposed Order)(Lynch, Jason) (Entered: 06/28/2024)
2024-07-2924RESPONSE re 23 MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 07/29/2024)
2024-07-2925Cross MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit Ex. 1)(Cornett, Eric) (Entered: 07/29/2024)
2024-08-0926Memorandum in opposition to re 25 Motion for Summary Judgment and Reply In Support of 23 Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 - Hr'g Tr. (July 17, 2024) (D. Del.), # 2 Exhibit 2 - 2d Talebian Decl.)(Lynch, Jason) (Entered: 08/09/2024)
2024-08-0927REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (See Docket Entry 26 to view document). (znmw) (Entered: 08/12/2024)
2024-08-1528MOTION for Extension of Time to File Response to Plaintiffs' Statement of Undisputed Material Facts (Nunc Pro Tunc) by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Defendant's Response to Plaintiffs' Statement of Undisputed Material Facts, # 2 Text of Proposed Order)(Lynch, Jason) (Entered: 08/15/2024)
2024-08-22MINUTE ORDER. Upon consideration of the 28 Defendant's Motion for Extension of Time Nunc Pro Tunc to File Response to Plaintiffs' Statement of Material Facts, and for good cause shown, it is hereby ORDERED that the 28 Defendant's Motion for Extension of Time Nunc Pro Tunc to File Response to Plaintiffs' Statement of Material Facts is GRANTED. It is further ORDERED that the [28-1] Defendant's Response to Plaintiffs' Statement of Undisputed Material Facts is ACCEPTED AS FILED, and the Clerk of the Court shall file it as a separate entry on the docket. Signed by Judge Reggie B. Walton on August 22, 2024. (lcrbw1) (Entered: 08/22/2024)
2024-08-2230RESPONSE re 25 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (zdp) (Entered: 08/27/2024)
2024-08-2329REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 08/23/2024)
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