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Case TitleEvans Law PLLC et al v. United States Department of Justice
DistrictDistrict of Colorado
CityDenver
Case Number1:2022cv00539
Date Filed2022-03-04
Date ClosedOpen
JudgeJudge Nina Y. Wang
PlaintiffEvans Law PLLC
PlaintiffKevin D. Evans
Case DescriptionAttorney Kevin Evans submitted a FOIA request to the Department of Justice for records concerning Hunter or James Biden pertaining to any government agency or otherwise related to China, Russia, or Ukraine. The agency acknowledged receipt of the request. The agency disclosed 106 pages from its database pertaining to a letter from Senators and the agency's responses. After hearing nothing further from the agency, Evans filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Department of Justice
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-041COMPLAINT Pursuant to Freedom of Information Act against All Defendants (Filing fee $ 402,Receipt Number ACODC-8348645)Attorney Kevin David Evans added to party Kevin D. Evans(pty:pla), Attorney Kevin David Evans added to party Evans Law PLLC(pty:pla), filed by Evans Law PLLC, Kevin D. Evans. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Evans, Kevin) (Entered: 03/04/2022)
2022-03-042Exhibits in Support of 1 Complaint, Exhibits by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20)(Evans, Kevin) (Entered: 03/04/2022)
2022-03-043Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jcharl, ) (Entered: 03/04/2022)
2022-03-044Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). DISREGARD Summons Administrative notice. Summons submitted on incorrect/improper court approved form and not issued. Please file completed summons for issuance using the event Summons Request. (jcharl, ) Modified to correct text. on 3/4/2022 (jcharl, ). (Entered: 03/04/2022)
2022-03-045SUMMONS issued by Clerk. (jcharl, ) (Entered: 03/04/2022)
2022-03-076ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 3/7/2022. Text Only Entry (wjmsec, ) (Entered: 03/07/2022)
2022-03-077ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded here . SO ORDERED by Judge William J. Martinez on 3 /7/2022. Text Only Entry (wjmsec, ) (Entered: 03/07/2022)
2022-03-098Minute ORDER by Magistrate Judge Michael E. Hegarty on 9 March 2022. Status Conference set for 5/26/2022 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, ) (Entered: 03/09/2022)
2022-03-169SUMMONS Returned Executed by All Plaintiffs. US Department of Justice served on 3/10/2022, answer due 4/11/2022. (Evans, Kevin) Modified on 3/16/2022 to correct answer due date (trvo, ). (Entered: 03/16/2022)
2022-03-1610CERTIFICATE of Mailing/Service by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1)(Evans, Kevin) (Entered: 03/16/2022)
2022-04-0611Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant United States Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Sverdlov, Alexander) (Entered: 04/06/2022)
2022-04-0712MEMORANDUM regarding 11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by United States Department of Justice. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 4/7/2022. Text Only Entry (wjmsec, ) (Entered: 04/07/2022)
2022-04-0813Minute ORDER by Magistrate Judge Michael E. Hegarty on 8 April 2022. For good cause shown, Defendant's Unopposed Motion for an Extension of Time to Respond to Complaint 11 is granted. Defendant shall file its answer or other response to the operative pleading on or before April 20, 2022.(cmadr, ) (Entered: 04/08/2022)
2022-04-2014ANSWER to 1 Complaint, by United States Department of Justice.(Sverdlov, Alexander) (Entered: 04/20/2022)
2022-05-1915CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Kevin D. Evans, Evans Law PLLC All parties do not consent.. (Evans, Kevin) (Entered: 05/19/2022)
2022-05-2616COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 5/26/2022. Status Conference set for 7/25/2022 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: Courtroom A501. (amont, ) (Entered: 05/26/2022)
2022-06-1617Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 June 2022. Because of a conflict in the Court's calendar, the Status Conference currently set for July 25, 2022 is reset to July 28, 2022 at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, ) (Entered: 06/16/2022)
2022-07-0618STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 07/06/2022)
2022-07-2519Second STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1)(Evans, Kevin) (Entered: 07/25/2022)
2022-07-2820COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 7/28/2022. FTR: A501. (cthom, ) (Entered: 07/28/2022)
2022-08-0521REASSIGNMENT OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated as 22-cv-00539-NYW-MEH. (Text only entry) (agarc, ) (Entered: 08/05/2022)
2022-09-2322Third STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 09/23/2022)
2022-09-2623MINUTE ORDER: This matter is before the Court following its review of Plaintiffs' 22 Third Status Report. The Court DIRECTS Defendant to file a response addressing Plaintiffs' requests outlined in paragraph 10 of the 22 Third Status Report no later than Monday, October 10, 2022. If Defendant elects to submit all or part of the September 16, 2022 Declaration referenced in paragraph 6 of Plaintiffs' status report, it shall do so under a Level 1 restriction pursuant to D.C.COLO.LCivR 7.2. By Judge Nina Y. Wang on 09/26/2022. Text Only Entry (nywlc4, ) (Entered: 09/26/2022)
2022-10-1024RESPONSE to 23 Order,, by Defendant United States Department of Justice. (Sverdlov, Alexander) (Entered: 10/10/2022)
2022-10-1025REPLY to 24 Response to Plaintiffs' Third Status Report by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 10/10/2022)
2022-10-1226MINUTE ORDER: This matter is before the Court in light of Plaintiffs' 22 Third Status Report, in which Plaintiffs request (1) that they be permitted to share Defendant's Glomar declaration with the Court and (2) that the Court "set a hearing to discuss it." The Court directed a response from Defendant in its 23 Minute Order. Defendant timely complied with the Order in its 24 Response and, while not directed to do so, Plaintiffs filed a 25 Reply on October 10, 2022. The Court has considered Plaintiffs' requests, but concludes that the weight of authority indicates that this dispute is more appropriately and efficiently adjudicated at summary judgment. E.g., World Publishing Co. v. United States Dep't of Justice, 672 F.3d 825, 832 (10th Cir. 2012) ("In general, FOIA request cases are resolved on summary judgment."). That is true in the context of disputes over Glomar responses as well. See, e.g., Gallagher v. NSA-Nat'l Sec. Agency, No. 18-cv-01525-RM-KMT, 2020 WL 5519173 (D. Colo. Aug. 24, 2020) (resolving dispute over Glomar response at summary judgment). As such, the Court respectfully DENIES the requests contained in Plaintiffs' 22 Third Status Report. By Judge Nina Y. Wang on 10/12/2022. Text Only Entry(nywlc4,) (Entered: 10/12/2022)
2022-12-1527Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2022. Pursuant to the parties' emailed request, the Court will hold a status conference on January 9, 2023 at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Anyone appearing by telephone shall call the following conference line at the appointed time: Number: 888-278-0296, Access code: 8212991#. (cmadr, ) (Entered: 12/15/2022)
2023-01-0528Fourth STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Evans, Kevin) (Entered: 01/05/2023)
2023-01-0929COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 1/9/2023. FTR: A501. (cthom, ) (Entered: 01/09/2023)
2023-01-1730Fifth STATUS REPORT with Agreed Proposed Scheduling Order by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 01/17/2023)
2023-02-2231ORDER Plaintiffs have filed their Fifth Status Report [ECF 30] proposing that (1) Defendant file a motion for summary judgment by May 5, 2023; (2) after the motion for summary judgment is filed, Plaintiffs will determine whether they believe any discovery is necessary for purposes of their response and inform the Court of the same by May 19, 2023; (3) Plaintiffs file a response to the motion for summary judgment (if no discovery is needed) by June 16, 2023, and Defendant a reply by July 14, 2023; and (4) setting up dates for dispositive motion responses and replies if discovery occurs. The Court approves the parties proposal. SO ORDERED. by Magistrate Judge Michael E. Hegarty on 2/22/2023. Text Only Entry (mehlc3, ) Modified to correct date on 2/22/2023 (cthom, ). (Entered: 02/22/2023)
2023-05-0532WITHDRAWN MOTION for Summary Judgment by Defendant United States Department of Justice. (Attachments: # 1 Affidavit of Vanessa Brinkmann, # 2 Proposed Order (PDF Only))(Sverdlov, Alexander) Modified on 9/11/2023 to withdraw pursuant to 49 Order (trvo, ). (Entered: 05/05/2023)
2023-05-1733MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit A - Declaration of K. Evans with Exhibit A.1 of Interrogatories)(Evans, Kevin) (Entered: 05/17/2023)
2023-05-1734MEMORANDUM regarding 33 MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) filed by Evans Law PLLC, Kevin D. Evans. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 05/17/2023. Text Only Entry (nywlc5, ) (Entered: 05/17/2023)
2023-05-2235MINUTE ORDER: Before the Court is Plaintiffs' Motion for Discovery Pursuant to Fed. R. Civ. P. 56(d). ECF 33. Pursuant to D.C.COLO.LCivR 7.1(d), Defendant shall file a Response on or before June 2, 2023 . Entered by Magistrate Judge Michael E. Hegarty on 5/22/23. Text Only Entry (mehlc5) (Entered: 05/22/2023)
2023-06-0136Unopposed MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) by Defendant United States Department of Justice. (Sverdlov, Alexander) (Entered: 06/01/2023)
2023-06-0137MEMORANDUM regarding 36 Unopposed MOTION for Extension of Time to File Response/Reply as to 33 MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) filed by United States Department of Justice. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 06/01/2023. Text Only Entry (nywlc5, ) (Entered: 06/01/2023)
2023-06-0138ORDER granting 36 Defendant's Unopposed Motion to Extend Time, for good cause shown. Defendant shall file a Response to Plaintiffs' Motion for Discovery Pursuant to Fed. R. Civ. P. 56(d) [ECF 33] on or before June 12, 2023 . Entered by Magistrate Judge Michael E. Hegarty on 6/1/23. Text Only Entry(mehlc5) (Entered: 06/01/2023)
2023-06-1239RESPONSE to 33 MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) filed by Defendant United States Department of Justice. (Sverdlov, Alexander) (Entered: 06/12/2023)
2023-06-1640Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 June 2023. The Court will hear oral argument regarding Plaintiffs' Rule 56(d) Motion 33 on June 22, 2023 at 10:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, ) (Entered: 06/16/2023)
2023-06-1641MINUTE ORDER: At the parties' request, the oral argument on ECF 33 set for June 22, 2023 [ECF 40] is hereby VACATED and RESCHEDULED for June 26, 2023 at 10:00AM . Entered by Magistrate Judge Michael E. Hegarty on 6/16/23. Text Only Entry (mehlc5) (Entered: 06/16/2023)
2023-06-2642COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Oral Argument Hearing held on 6/26/2023. FTR: A501. (cthom, ) (Entered: 06/26/2023)
2023-07-2443MOTION to Supplement 33 MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 ATTACHMENT TO PLAINTIFFS SUPPLEMENT TO RULE 56(D) MOTION (DOC. #33))(Evans, Kevin) (Entered: 07/24/2023)
2023-07-2544MEMORANDUM regarding 43 MOTION to Supplement 33 MOTION for Discovery Pursuant to Fed. R. Civ. P. 56(d) filed by Evans Law PLLC, Kevin D. Evans. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 07/25/2023. Text Only Entry (nywlc5, ) (Entered: 07/25/2023)
2023-07-2545ORDER: Before the Court is 43 "Plaintiffs' Supplement to Rule 56(d) Motion (Doc. #33)." The Court construes the filing as a motion for leave to supplement. For good cause shown, the Court GRANTS the Motion and permits the supplementation now without awaiting a response. Additional briefing would not materially assist the Court in adjudicating this Motion. See D.C.COLO.LCivR 7.1(d). Entered by Magistrate Judge Michael E. Hegarty on 7/25/23. Text Only Entry (mehlc5) (Entered: 07/25/2023)
2023-07-2846RESTRICTED DOCUMENT - Level 2: by Defendant United States Department of Justice.. (Attachments: # 1 Affidavit)(Sverdlov, Alexander) (Entered: 07/28/2023)
2023-08-2947ORDER denying 33 Plaintiffs' Rule 56(d) Motion in Accordance with Court Order Doc. # 3 . Plaintiffs and Defendant are directed to confer and submit to the Court a schedule to complete the briefing on the 32 Motion for Summary Judgment on or before September 8, 2023 . Entered by Magistrate Judge Michael E. Hegarty on 8/29/2023.(jtorr, ) (Entered: 08/29/2023)
2023-09-0848RESPONSE Contested Positions Regarding Proposed Briefing Schedule on DOJ's Motion for Summary Judgment Per Court's August 29, 2023, Order by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Evans, Kevin) (Entered: 09/08/2023)
2023-09-0849MINUTE ORDER: This matter is before the Court on the 48 Contested Positions Regarding Proposed Briefing Schedule on DOJ's Motion for Summary Judgment Per Court's August 29, 2023, Order ("Contested Positions"), in which Plaintiffs seek to set a briefing schedule on 32 Defendant's Motion for Summary Judgment, whereas Defendant seeks to withdraw its summary judgment motion and prepare a new response to the information requests at issue in this litigation. The Court CONSTRUES the 48 Contested Positions as an opposed motion to withdraw 32 Defendant's Motion for Summary Judgment and GRANTS the motion. It is ORDERED that 32 Defendant's Motion for Summary Judgment is DEEMED WITHDRAWN . The Parties SHALL FILE a joint status report on or before October 6, 2023 , concerning additional proceedings. By Judge Nina Y. Wang on 09/08/2023. Text Only Entry (nywlc5, ) (Entered: 09/08/2023)
2023-09-2950Joint STATUS REPORT by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 09/29/2023)
2023-09-2951MINUTE ORDER: This matter is before the Court on the 50 Joint Status Report, in which the Parties represent that they are engaged in continued efforts to resolve their dispute. The Parties SHALL FILE a joint status report, on or before November 6, 2023 , concerning the progress of their efforts and indicating whether additional proceedings are warranted. By Judge Nina Y. Wang on 09/29/2023. Text Only Entry (nywlc5, ) (Entered: 09/29/2023)
2023-11-0652Joint STATUS REPORT Pursuant to September 29, 2023 Order [Doc. #51] by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Evans, Kevin) (Entered: 11/06/2023)
2023-11-1553MINUTE ORDER The Parties SHALL MEET AND CONFER with respect to a summary judgment briefing schedule; and On or before November 30, 2023 , the Parties shall jointly file a proposed summary judgment briefing schedule. By Judge Nina Y. Wang on 11/15/2023. (norlin, ) Modified on 11/15/2023 to correct spelling (norlin, ). (Entered: 11/15/2023)
2023-11-3054Joint STATUS REPORT Pursuant to November 15, 2023, Order [Doc. #53] by Plaintiffs Kevin D. Evans, Evans Law PLLC. (Evans, Kevin) (Entered: 11/30/2023)
2023-11-3055MINUTE ORDER: This matter is before the Court on the 54 Joint Status Report Pursuant to November 15, 2023, Order. The Parties' proposed briefing schedule is adopted as follows. Defendant shall move for summary judgment on or before March 29, 2024 . Plaintiffs shall respond on or before May 31, 2024 . Defendants shall reply on or before June 28, 2024 . Once Defendant's motion is briefed, the Court will sua sponte set the motion for argument if the Court determines that oral argument would be helpful. By Judge Nina Y. Wang on 11/30/2023. Text Only Entry (nywlc5, ) (Entered: 11/30/2023)
2024-03-1256Joint MOTION for Extension of Time to file motion for summary judgment by Defendant United States Department of Justice. (Attachments: # 1 Proposed Order (PDF Only))(Sverdlov, Alexander) (Entered: 03/12/2024)
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