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Case TitleHERITAGE FOUNDATION et al v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02688
Date Filed2022-09-07
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning communications external to the U.S. government relating to the search of former President Donald Trump's Mar-a-Lago residence to retrieve records falling within the scope of the Presidential Records Act. The Heritage Foundation also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Expedited processing, Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
DefendantUS DEPT 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-071COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9495819) 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 1-1, # 8 Exhibit 2-1, # 9 Exhibit 2-2)(Dewey, Samuel) (Entered: 09/07/2022)
2022-09-09Case Assigned to Judge James E. Boasberg. (zcb, ) (Entered: 09/09/2022)
2022-09-092SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb, ) (Entered: 09/09/2022)
2022-09-09NOTICE OF ERROR re 2 Summons Issued Electronically as to AUSA; emailed to charles_briggs@dcd.uscourts.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zcb, ) (Entered: 09/09/2022)
2022-09-123REQUEST FOR SUMMONS TO ISSUE re Notice of QC- New Case,, filed by HERITAGE FOUNDATION, MIKE HOWELL. Related document: Notice of QC- New Case,,.(Dewey, Samuel) (Entered: 09/12/2022)
2022-09-134SUMMONS (1) Issued Electronically as to DEPARTMENT OF JUSTICE. (ztth) (Entered: 09/13/2022)
2022-09-215AMENDED COMPLAINT against DEPARTMENT OF JUSTICE filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Redline, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit Appendix A, # 5 Exhibit Appendix B, # 6 Exhibit Appendix C)(Dewey, Samuel) (Entered: 09/21/2022)
2022-09-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/16/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/16/2022. (Attachments: # 1 Exhibit 1)(Jankowski, Roman) (Entered: 09/23/2022)
2022-09-237NOTICE of Appearance by Roman Jankowski on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Jankowski, Roman) (Entered: 09/23/2022)
2022-09-238RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/16/2022. (Attachments: # 1 Exhibit 1)(Jankowski, Roman) (Entered: 09/23/2022)
2022-09-239RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed Upon DEPARTMENT OF JUSTICE on 9/16/2022. (Attachment: # 1 Errata 1)(Jankowski, Roman); Modified text on 9/26/2022 (ztth). (Entered: 09/23/2022)
2022-09-2610STRICKEN PURSUANT TO THE MINUTE ORDER FILED ON 9/27/2022..... MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Dewey, Samuel) Modified on 9/27/2022 (znbn). (Entered: 09/26/2022)
2022-09-27MINUTE ORDER: The Court ORDERS that Plaintiffs' [10-1] Memorandum is STRICKEN for violating the Court's Local Rule on excessive footnotes. Plaintiffs may refile a brief containing no more than 10 footnotes with no more than 50 aggregate lines of text. So ORDERED by Judge James E. Boasberg on 9/27/2022. (lcjeb2) (Entered: 09/27/2022)
2022-09-2711WITHDRAWN PURSUANT TO NOTICE FILED ON 10/3/2022..... MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Samuel E Dewey, # 4 Exhibit Dewey Decl. Ex. 1, # 5 Exhibit Dewey Decl. Ex. 2, # 6 Exhibit Dewey Decl. Ex. 3, # 7 Exhibit Dewey Decl. Ex. 4, # 8 Exhibit Dewey Decl. Ex. 5, # 9 Exhibit Dewey Decl. Ex. 6)(Dewey, Samuel) Modified on 10/4/2022 (ztth). (Entered: 09/27/2022)
2022-09-2712NOTICE of Appearance by Julia Alexandra Heiman on behalf of US DEPT OF JUSTICE (Heiman, Julia) (Entered: 09/27/2022)
2022-09-29MINUTE ORDER: The Court ORDERS that: 1) Defendant shall file its Opposition to Plaintiffs' 11 Motion for Preliminary Injunction by October 11, 2022, at 11:00 a.m.; 2) Plaintiffs shall file a Reply in Support of their Motion by October 13, 2022, at 12:00 p.m.; and 3) A hearing on Plaintiffs' Motion is set for October 14, 2022, at 11:30 a.m. So ORDERED by Judge James E. Boasberg on 9/29/2022. (lcjeb2) (Entered: 09/29/2022)
2022-09-29Set/Reset Deadlines/Hearings: Responses due by 10/11/2022. Replies due by 10/13/2022. Motion Hearing set for 10/14/2022 at 11:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/30/2022)
2022-10-03NOTICE OF COURTROOM TIME CHANGE Motion Hearing set for 10/14/2022 at 11:45 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 10/03/2022)
2022-10-0313NOTICE OF WITHDRAWAL OF MOTION by HERITAGE FOUNDATION, MIKE HOWELL re 11 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Dewey, Samuel) (Entered: 10/03/2022)
2022-10-04MINUTE ORDER: Given Plaintiff's 13 Notice of Withdrawal, the Court ORDERS that the hearing set for October 14, 2022, is VACATED. So ORDERED by Judge James E. Boasberg on 10/4/2022. (lcjeb2) (Entered: 10/04/2022)
2022-10-1714ANSWER to 5 Amended Complaint, by US DEPT OF JUSTICE.(Heiman, Julia) (Entered: 10/17/2022)
2022-10-18MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by October 31, 2022. So ORDERED by Judge James E. Boasberg on 10/18/2022. (lcjeb2) (Entered: 10/18/2022)
2022-10-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/31/2022. (nbn) (Entered: 10/18/2022)
2022-10-2815Joint MOTION to Continue Deadline to Submit Briefing Schedule by US DEPT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 10/28/2022)
2022-10-31MINUTE ORDER: The Court ORDERS that: 1) The Joint 15 Motion to Continue Deadline to Submit Briefing Schedule is GRANTED; and 2) The parties shall submit a status report updating the Court on their efforts to reach an agreement as to the scope of the Defendant's search by December 1, 2022. So ORDERED by Judge James E. Boasberg on 10/31/2022. (lcjeb2) (Entered: 10/31/2022)
2022-10-31Set/Reset Deadlines: Status Report due by 12/1/2022. (nbn) (Entered: 10/31/2022)
2022-11-0816NOTICE of Appearance by Roman Jankowski on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Jankowski, Roman) (Entered: 11/08/2022)
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