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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00330
Date Filed2023-02-06
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the FBI for records concerning FBI whistleblower information provided to House Judiciary Committee Republicans suggesting that the FBI and Facebook have a special relationship that may threaten constitutional protections. The agency acknowledged receipt of the request and told the Heritage Foundation that the language of the request did not allow for a search. The Heritage Foundation filed an administrative appeal. After hearing nothing further from the agency, the 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-061COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9841313) 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)(Dewey, Samuel) (Entered: 02/06/2023)
2023-02-07Case Assigned to Judge Carl J. Nichols. (zsl) (Entered: 02/07/2023)
2023-02-072SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 02/07/2023)
2023-02-093STANDING ORDER. Signed by Judge Carl J. Nichols on February 9, 2023. (lccjn1) (Entered: 02/09/2023)
2023-02-284NOTICE of Appearance by Bradley Silverman on behalf of U.S. DEPARTMENT OF JUSTICE (Silverman, Bradley) (Entered: 02/28/2023)
2023-03-095ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Silverman, Bradley) (Entered: 03/09/2023)
2023-03-15MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before April 5, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on March 15, 2023. (lccjn1) (Entered: 03/15/2023)
2023-04-056Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 04/05/2023)
2023-04-10MINUTE ORDER. Upon consideration of the 6 Joint Status Report, it is ORDERED that the Parties shall file, by May 5, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on April 10, 2023. (lccjn1) (Entered: 04/10/2023)
2023-05-057Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 05/05/2023)
2023-05-12MINUTE ORDER. Upon consideration of the 7 Joint Status Report, it is ORDERED that Defendant shall file a motion for judgment on the pleadings by May 22, 2023; Plaintiffs shall file their opposition by June 5, 2023; and Defendant shall file its reply by June 12, 2023. Signed by Judge Carl J. Nichols on May 12, 2023. (lccjn1) (Entered: 05/12/2023)
2023-05-188MOTION for Judgment on the Pleadings by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 05/18/2023)
2023-06-059NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric) (Main Document 9 replaced on 6/6/2023) (zed). (Entered: 06/05/2023)
2023-06-0510RESPONSE re 8 MOTION for Judgment on the Pleadings filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Exhibit 1 to Response)(Cornett, Eric) (Entered: 06/05/2023)
2023-06-1211REPLY to opposition to motion re 8 MOTION for Judgment on the Pleadings filed by U.S. DEPARTMENT OF JUSTICE. (Silverman, Bradley) (Entered: 06/12/2023)
2023-06-2912NOTICE by U.S. DEPARTMENT OF JUSTICE (Silverman, Bradley) (Entered: 06/29/2023)
2023-07-2513Consent MOTION for Leave to File Amended Reply by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Amended Reply, # 2 Redline of Changes)(Silverman, Bradley) (Entered: 07/25/2023)
2023-07-27MINUTE ORDER. Upon consideration of Defendant's 13 Consent Motion for Leave to Amend Reply, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's [13-1] Proposed Amended Reply is deemed FILED. And it is further ORDERED that Plaintiffs may submit a surreply as agreed by the Parties pursuant to the Consent Motion. Signed by Judge Carl J. Nichols on July 27, 2023. (lccjn1) (Entered: 07/27/2023)
2024-03-0514ORDER granting 8 Motion for Judgment on the Pleadings. Signed by Judge Carl J. Nichols on March 5, 2024. (lccjn1) (Entered: 03/05/2024)
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by FOIA Project Staff
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