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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00952
Date Filed2024-04-03
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionHeritage Foundation submitted a FOIA request to the Department of Justice for records concerning the interview with Mark Zwonitzer referenced in the Hur Report. The Heritage foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted Heritage Foundation's request for expedited processing. After hearing nothing further from the agency, Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-031COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10803741) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1 Part 1, # 6 Exhibit 1 Part 2, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8)(Dewey, Samuel) Modified on 4/8/2024 to correct text (zcb). (Entered: 04/03/2024)
2024-04-08Case Assigned to Judge Ana C. Reyes. (zcb) (Entered: 04/08/2024)
2024-04-082SUMMONS (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: 04/08/2024)
2024-05-073NOTICE of Appearance by Max Taylor Matheu on behalf of All Plaintiffs (Matheu, Max) (Main Document 3 replaced on 5/7/2024) (zdp). (Entered: 05/07/2024)
2024-05-084ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Meyer, Robert) (Entered: 05/08/2024)
2024-05-105STANDING ORDER. It is hereby ORDERED that the parties shall comply with the Court's Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 5/10/2024. (lcsj) (Entered: 05/10/2024)
2024-05-10MINUTE ORDER. Plaintiff filed this Freedom of Information Act ("FOIA") action on April 3, 2024. Dkt 1. Defendant filed its Answer on May 8, 2024. Dkt. 4. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report on or before May 24, 2024. The Joint Status Report should address, among other things: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 5/10/2024. (lcsj) (Entered: 05/10/2024)
2024-05-136ENTERED IN ERROR.....NOTICE of Appearance by Kyle Brosnan on behalf of All Plaintiffs (Brosnan, Kyle) (Main Document 6 replaced on 5/13/2024) (zdp). (Entered: 05/13/2024)
2024-05-13NOTICE OF ERROR regarding 6 Notice of Appearance. The following error(s) need correction: Missing Attorney Signature Please sign- Please refile. (zdp) (Entered: 05/13/2024)
2024-05-137NOTICE of Appearance by Kyle Brosnan on behalf of All Plaintiffs (Brosnan, Kyle) (Entered: 05/13/2024)
2024-05-138NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Entered: 05/13/2024)
2024-05-159NOTICE of Appearance by Daniel D. Mauler on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Mauler, Daniel) (Entered: 05/15/2024)
2024-05-2310NOTICE of Appearance by Cameron Drew Silverberg on behalf of U.S. DEPARTMENT OF JUSTICE (Silverberg, Cameron) (Entered: 05/23/2024)
2024-05-2411Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverberg, Cameron) (Entered: 05/24/2024)
2024-06-1412Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 06/14/2024)
2024-06-17MINUTE ORDER. The Court DIRECTS the parties to contact Judge Reyes's Courtroom Deputy, Jonathan Hopkins (jonathan_hopkins@dcd.uscourts.gov), to schedule a pre-motion conference to take place the week of July 15, 2024. Further, the Court ADOPTS the briefing schedule proposed in the parties' 12 Joint Status Report. Defendant shall file its request for a pre-motion conference on or before June 21, 2024. Plaintiffs shall file their response on or before June 28, 2024. Signed by Judge Ana C. Reyes on 6/17/2024. (lcsj) (Entered: 06/17/2024)
2024-06-17Set/Reset Deadlines: Responses due by 6/28/2024 (zjch, ) (Entered: 06/24/2024)
2024-06-2113NOTICE Requesting Pre-Motion Conference by U.S. DEPARTMENT OF JUSTICE (Meyer, Robert) (Entered: 06/21/2024)
2024-06-2514ENTERED IN ERROR.....Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) Modified on 6/26/2024 (zjch, ). (Entered: 06/25/2024)
2024-06-2815RESPONSE re 13 Notice Pre-Motion Conference by HERITAGE FOUNDATION, MIKE HOWELL (Dewey, Samuel) Modified docket text on 7/2/2024 (zdp). (Entered: 06/28/2024)
2024-07-09NOTICE of Hearing:Pre-motion Conference set for 7/18/2024 at 2:00 PM in Courtroom 12- In Person before Judge Ana C. Reyes. (zjch, ) (Entered: 07/09/2024)
2024-07-1116NOTICE of Appearance by Elizabeth J. Shapiro on behalf of U.S. DEPARTMENT OF JUSTICE (Shapiro, Elizabeth) (Entered: 07/11/2024)
2024-07-18MINUTE ORDER. As stated on the record at today's Pre-Motion Conference, the Court ORDERS the following briefing schedule: 1. The Government shall move for summary judgment on or before August 8, 2024. 2. Plaintiffs shall file their opposition and cross-motion for summary judgment on or before August 22, 2024. 3. The Government shall file its reply and opposition to Plaintiffs' cross-motion on or before September 6, 2024. 4. Plaintiffs shall file their reply on or before September 13, 2024. Further and with the parties' consent, the Court hereby CONSOLIDATES Heritage Foundation, et al. v. U.S. Department of Justice (24-cv-00952) and Heritage Foundation, et al. v. U.S. Department of Justice (24-cv-00958). Accordingly, the Court ORDERS that moving forward all pleadings, motions, or other papers relating to the consolidated cases be filed only on the docket for Case No. 24-cv-00952. The Clerk of Court shall administratively close Case No. 24-cv-00958. The parties shall not elect to spread text when filing on ECF. Signed by Judge Ana C. Reyes on 7/18/2024. (lcsj) (Entered: 07/18/2024)
2024-07-18Set/Reset Hearings: Motion Hearing set for 9/19/2024 at 10:30 AM in Courtroom 12- In Person before Judge Ana C. Reyes. (lcsj) (Entered: 07/18/2024)
2024-07-18Minute Entry for Pre-motion Conference held on 7/18/2024 before Judge Ana C. Reyes. CV 24-952 and CV 24-958 to be consolidated. Motion Hearing set for 9/19/2024 at 10:30 AM in Courtroom 12- In Person before Judge Ana C. Reyes. Court Reporter Christine Asif. (zjch, ) (Entered: 07/19/2024)
2024-07-18CASES CONSOLIDATED: The following cases have been consolidated with this case: 24cv958. pursuant to 7/18/2024 Order,,,,, Set Deadlines/Hearings,,,,. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp) (Entered: 07/22/2024)
2024-08-0817MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Statement of Facts, # 11 Text of Proposed Order)(Meyer, Robert) (Entered: 08/08/2024)
2024-08-2218RESPONSE re 17 MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 08/22/2024)
2024-08-2219Cross MOTION for Summary Judgment by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Statement of Facts)(Dewey, Samuel) (Entered: 08/22/2024)
2024-09-0620REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Meyer, Robert) (Entered: 09/06/2024)
2024-09-0621Memorandum in opposition to re 19 Motion for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Response to Plaintiffs' Statement of Facts)(Meyer, Robert) (Entered: 09/06/2024)
2024-09-1322REPLY to opposition to motion re 19 Cross MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 09/13/2024)
2024-09-18MINUTE ORDER. The Court ORDERS the Department of Justice to have available unredacted versions of the contested transcripts and audio at tomorrow's hearing in case the Court decides to review them in camera . Signed by Judge Ana C. Reyes on 9/18/2024. (lcacr1) (Entered: 09/18/2024)
2024-09-19Minute Entry for proceedings held before Judge Ana C. Reyes: Motion Hearing held on 9/19/2024 re (19 in 1:24-cv-00952-ACR) Cross MOTION for Summary Judgment filed by HERITAGE FOUNDATION, MIKE HOWELL, (17 in 1:24-cv-00952-ACR) MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE, Motion Hearing set for 10/29/2024 at 10:30 AM in Courtroom 12- In Person before Judge Ana C. Reyes. Court Reporter Christine Asif. (zjch, ) (Entered: 09/19/2024)
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