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Case TitleLEOPOLD v. U.S. SECRET SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01923
Date Filed2022-07-01
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffJASON LEOPOLD
Case DescriptionJournalist Jason Leopold submitted a FOIA request to U.S. Secret Service for records concerning the removal of presidential records from Mar-a-Lago. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leopold filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. SECRET SERVICE
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-011COMPLAINT against U.S. SECRET SERVICE and U.S. DEPARTMENT OF HOMELAND SECURITY. ( Filing fee $ 402 receipt number ADCDC-9346085) filed by JASON LEOPOLD. (Attachments: # 1 Exhibit Ex 1-5, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) Modified on 7/1/2022 to correct filers.(ztnr). (Entered: 07/01/2022)
2022-07-012SEALED DOCUMENT filed by JASON LEOPOLD(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 07/01/2022)
2022-07-013NOTICE of Appearance by Matthew Topic on behalf of JASON LEOPOLD (Topic, Matthew) (Entered: 07/01/2022)
2022-07-014NOTICE of Appearance by Joshua Loevy on behalf of JASON LEOPOLD (Loevy, Joshua) (Entered: 07/01/2022)
2022-07-05Case Assigned to Judge Randolph D. Moss. (znmg) (Entered: 07/05/2022)
2022-07-055SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 07/05/2022)
2022-07-056STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/5/2022. (lcrdm1) (Entered: 07/05/2022)
2022-09-067NOTICE of Appearance by Julia Alexandra Heiman on behalf of All Defendants (Heiman, Julia) (Entered: 09/06/2022)
2022-09-068ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE.(Heiman, Julia) (Entered: 09/06/2022)
2022-09-16MINUTE ORDER: It is ORDERED that, on or before October 17, 2022, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on October 24, 2022, at 9:00 a.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 09/16/2022. (lcrdm1) (Entered: 09/16/2022)
2022-10-179Joint STATUS REPORT Joint Status Report and Motion to Continue Initial Scheduling Conference by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 10/17/2022)
2022-10-1710Joint MOTION to Continue Initial Scheduling Conference and Joint Status Report by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 10/17/2022)
2022-10-18MINUTE ORDER: Upon consideration of the parties' joint motion to continue initial scheduling conference and joint status report, 9 ; 10 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED the parties shall file a further joint status report on or before November 16, 2022. It is further ORDERED that the initial scheduling conference currently scheduled for October 24, 2022, is VACATED. Signed by Judge Randolph D. Moss on 10/18/2022. (lcrdm1) (Entered: 10/18/2022)
2022-11-1611Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Heiman, Julia) (Entered: 11/16/2022)
2022-11-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 16, 2022. Signed by Judge Randolph D. Moss on 11/18/2022. (lcrdm1) (Entered: 11/18/2022)
2022-12-1612Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Heiman, Julia) (Entered: 12/16/2022)
2022-12-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that: (1) Defendants shall submit their notice setting forth the basis for their anticipated summary judgment motion on or before January 20, 2023; (2) Plaintiff shall submit his response on or before January 27, 2023; and (3) the parties shall appear for a pre-motion conference, to be held via Zoom, on February 1, 2023 at 4:00 p.m. Signed by Judge Randolph D. Moss on 12/202/2022. (lcrdm1) (Entered: 12/20/2022)
2023-01-2013NOTICE Defendants' Request for Pre-Summary Judgment Motion Conference by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE (Heiman, Julia) (Entered: 01/20/2023)
2023-01-2014MOTION for Hearing by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (See Docket Entry 13 to view document) (zjm) (Entered: 01/24/2023)
2023-01-25MINUTE ORDER: Upon consideration of Defendants' notice requesting a pre-summary judgment motion conference, Dkt. 13 , the Court notes that it already set a pre-motion conference for February 1, 2023, at 4:00 p.m. in its December 20, 2022 Order. Min. Order (Dec. 20, 2022). Signed by Judge Randolph D. Moss on 1/25/2023. (lcrdm1) (Entered: 01/25/2023)
2023-01-2715MOTION for Pre-Summary Judgment Motion Conference by JASON LEOPOLD. (Topic, Matthew) Modified on 1/27/2023 to correct event (zjm). (Entered: 01/27/2023)
2023-02-01Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-motion Conference held on 2/1/2023. Defendants Motion for Summary Judgment is due by 3/7/2023; Plaintiff's Response to Defendants Motion for Summary Judgment and Cross Motion is due by 4/7/2023, Defendants Reply and Response to Plaintiff's Cross Motion is due by 4/28/2023, Plaintiff's Reply to the Cross Motion is due by 5/19/2023. (Court Reporter: Jeff Hook). (jth) (Entered: 02/01/2023)
2023-03-0116NOTICE of Appearance by Merrick Jason Wayne on behalf of JASON LEOPOLD (Wayne, Merrick) (Entered: 03/01/2023)
2023-03-0317Consent MOTION for Extension of Time to Submit Defendants' Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/03/2023)
2023-03-06MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to submit Defendants' motion for summary judgment, Dkt. 17 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern briefing in this case going forward: (1) Defendants shall file their motion for summary judgment on or before March 14, 2023; (2) Plaintiff shall file Plaintiff's opposition and cross-motion for summary judgment on or before April 14, 2023; (3) Defendants shall file their cross-opposition and reply on or before May 5, 2023; and (4) Plaintiff shall file Plaintiff's cross-reply on or before May 26, 2023. Signed by Judge Randolph D. Moss on 3/6/2023. (lcrdm1) (Entered: 03/06/2023)
2023-03-1418Unopposed MOTION to Continue Unopposed Motion to Suspend Summary Judgment Briefing by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/14/2023)
2023-03-15MINUTE ORDER: Upon consideration of Defendants' unopposed motion to suspend summary judgment briefing, Dkt. 18 , it is hereby ORDERED that the motion is GRANTED. The parties shall file a joint status report on or before April 5, 2023, indicating whether any substantive disagreements remain between the parties. It is further ORDERED that all summary judgment briefing deadlines are STAYED pending further order of the Court. Signed by Judge Randolph D. Moss on 3/15/2023. (lcrdm1) (Entered: 03/15/2023)
2023-04-0519Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Heiman, Julia) (Entered: 04/05/2023)
2023-04-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 28, 2023. Signed by Judge Randolph D. Moss on 4/6/2023. (lcrdm1) (Entered: 04/06/2023)
2023-04-2820Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Heiman, Julia) (Entered: 04/28/2023)
2023-04-29MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the following schedule shall govern summary judgment briefing in this matter: (1) Defendants shall file their motion for summary judgment on or before May 9, 2023; (2) Plaintiff shall file Plaintiff's opposition and cross-motion for summary judgment on or before June 9, 2023; (3) Defendants shall file their cross-opposition and reply on or before June 30, 2023; and (4) Plaintiff shall file Plaintiff's cross-reply on or before July 17, 2023. Signed by Judge Randolph D. Moss on 4/29/2023. (lcrdm1) (Entered: 04/29/2023)
2023-05-0921MOTION for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Heiman, Julia) (Entered: 05/09/2023)
2023-05-1022ERRATA to Defendants' Motion for Summary Judgment, and Motion for Extension of Time, Nunc Pro Tunc, to Submit Exhibit 1 by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE re 21 Motion for Summary Judgment. (Attachments: # 1 Summary Judgment Motion (Dkt. 21), # 2 Corrected Mem. of Points and Authorities, # 3 Exhibit 1, # 4 Statement of Facts, # 5 Text of Proposed Order)(Heiman, Julia) (Entered: 05/10/2023)
2023-05-1023MOTION for Extension of Time to File Exhibit 1 (Nunc Pro Tunc), and Errata to Defendants' Motion for Summary Judgment by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Text of Proposed Order, # 2 Summary Judgment Motion (Dkt. 21), # 3 Corrected Mem. of Points and Authorities, # 4 Exhibit 1, # 5 Statement of Facts, # 6 Text of Proposed Order for Summary Judgment Motion)(Heiman, Julia) (Entered: 05/10/2023)
2023-05-14MINUTE ORDER: Upon consideration of Defendants' motion for extension of time, nunc pro tunc, to submit Exhibit 1, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. The deadline for submission of Exhibit 1 to Defendants' memorandum of points and authorities in support of their motion for summary judgment is hereby extended by six hours. Signed by Judge Randolph D. Moss on 5/14/2023. (lcrdm1) (Entered: 05/14/2023)
2023-06-0924NOTICE of Appearance by Stephen Stich Match on behalf of JASON LEOPOLD (Match, Stephen) (Entered: 06/09/2023)
2023-06-0925Cross MOTION for Summary Judgment by JASON LEOPOLD. (Attachments: # 1 Memorandum in Support, # 2 Declaration Leopold Decl, # 3 Statement of Facts, # 4 Statement of Facts Response to SOF, # 5 Text of Proposed Order)(Match, Stephen) (Entered: 06/09/2023)
2023-06-0926Memorandum in opposition to re 21 Motion for Summary Judgment filed by JASON LEOPOLD. (Attachments: # 1 Declaration Leopold Decl, # 2 Statement of Facts, # 3 Statement of Facts Response to SOF, # 4 Text of Proposed Order)(Match, Stephen) (Entered: 06/09/2023)
2023-06-2927Joint MOTION to Modify Briefing Schedule by JASON LEOPOLD. (Match, Stephen) (Entered: 06/29/2023)
2023-06-30MINUTE ORDER: Upon consideration of the parties' joint motion to modify briefing schedule, Dkt. 27 , it is hereby ORDERED that the motion is GRANTED. The following schedule shall govern briefing going forward: (1) Defendants shall file their cross-opposition on or before July 17, 2023, and (2) Plaintiff shall file Plaintiff's cross-reply on or before August 7, 2023. Signed by Judge Randolph D. Moss on 6/30/2023. (lcrdm1) (Entered: 06/30/2023)
2023-07-1728REPLY to opposition to motion re 21 MOTION for Summary Judgment Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of their Motion for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Heiman, Julia) (Entered: 07/17/2023)
2023-07-1729RESPONSE re 25 Cross MOTION for Summary Judgment Defendants' Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of their Motion for Summary Judgment filed by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. SECRET SERVICE. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Text of Proposed Order)(Heiman, Julia) (Entered: 07/17/2023)
2023-08-0130Unopposed MOTION for Extension of Time to File Response/Reply by JASON LEOPOLD. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 08/01/2023)
2023-08-01MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for extension of time, Dkt. 30 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff will file a reply in support of Plaintiff's Cross-Motion for Summary Judgment on or before August 21, 2023. Signed by Judge Randolph D. Moss on 8/1/2023. (lcrdm1) (Entered: 08/01/2023)
2023-08-2131REPLY to opposition to motion re 21 MOTION for Summary Judgment filed by JASON LEOPOLD. (Match, Stephen) (Entered: 08/21/2023)
2024-02-22MINUTE ORDER: In light of Defendant's motion for summary judgment, Dkt. 21 , and Plaintiff's cross-motion for summary judgment, Dkt. 25 , the parties are hereby ORDERED to appear for a motions hearing on March 11, 2024 at 9:00 a.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 2/22/2024. (lcrdm1) (Entered: 02/22/2024)
2024-02-2832Unopposed MOTION for Remote Hearing by JASON LEOPOLD. (Match, Stephen) Modified on 2/29/2024 to correct relief (zjm). (Entered: 02/28/2024)
2024-03-01MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for a remote hearing, Dkt. 32 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 3/1/2024. (lcrdm1) (Entered: 03/01/2024)
2024-03-11Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 3/11/2024 re 25 Cross MOTION for Summary Judgment filed by JASON LEOPOLD, 21 MOTION for Summary Judgment filed by U.S. SECRET SERVICE, U.S. DEPARTMENT OF HOMELAND SECURITY. For the reasons stated on the record both motions are DENIED. A Joint Status Report due by 3/25/2024. (Court Reporter Sherry Lindsay) (zglw) (Entered: 03/11/2024)
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