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Case TitleHERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00486
Date Filed2023-02-22
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted a FOIA request to the Department of Justice for records concerning labor hours validated in WebTA by FBI special agents assigned to the Washington field office from January 6, 2021 to April 6, 2021. The Heritage Foundation also requested a fee waiver. The agency acknowledged receipt of the request. 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-221COMPLAINT against HERITAGE FOUNDATION, MIKE HOWELL ( Filing fee $ 402 receipt number ADCDC-9878177) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Exhibit 1, # 6 Exhibit 2)(Dewey, Samuel) (Entered: 02/22/2023)
2023-02-23Case Assigned to Judge Carl J. Nichols. (zljn) (Entered: 02/23/2023)
2023-02-232SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 02/23/2023)
2023-03-033STANDING ORDER. Signed by Judge Carl J. Nichols on March 3, 2023. (lccjn2) (Entered: 03/03/2023)
2023-03-234NOTICE of Appearance by Stephanie R. Johnson on behalf of U.S. DEPARTMENT OF JUSTICE (Johnson, Stephanie) (Entered: 03/23/2023)
2023-03-275ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Johnson, Stephanie) (Entered: 03/27/2023)
2023-04-05MINUTE 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 28, 2023. The Joint Status Report shall address: (1) the status of Plaintiffs' FOIA request; (2) the anticipated number of documents responsive to Plaintiffs' FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiffs; (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 Plaintiffs' requests and any discussions regarding whether Plaintiffs' 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 April 5, 2023. (lccjn2) (Entered: 04/05/2023)
2023-04-286Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Johnson, Stephanie) (Entered: 04/28/2023)
2023-05-01MINUTE ORDER. Upon review of the 6 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before June 2, 2023, and every 60 days thereafter until either Party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on May 1, 2023. (lccjn2) (Entered: 05/01/2023)
2023-06-027Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Johnson, Stephanie) (Entered: 06/02/2023)
2023-08-018Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Johnson, Stephanie) (Entered: 08/01/2023)
2023-08-259MOTION for Leave to File Amended Complaint by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit Redline Amended Complaint, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Amended Complaint)(Cornett, Eric) (Entered: 08/25/2023)
2023-09-0610MOTION for Extension of Time to FILE OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by U.S. DEPARTMENT OF JUSTICE. (Johnson, Stephanie) (Entered: 09/06/2023)
2023-09-0711RESPONSE re 10 MOTION for Extension of Time to FILE OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT filed by HERITAGE FOUNDATION, MIKE HOWELL. (znmw) (Entered: 09/07/2023)
2023-09-2912Supplemental MOTION for Extension of Time to FILE OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by U.S. DEPARTMENT OF JUSTICE. (Johnson, Stephanie) (Entered: 09/29/2023)
2023-10-0313MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of Michael G. Seidel)(Johnson, Stephanie) (Entered: 10/03/2023)
2023-10-0314Memorandum in opposition to re 9 Motion for Leave to File, filed by U.S. DEPARTMENT OF JUSTICE. (Johnson, Stephanie) (Entered: 10/03/2023)
2023-10-1115MOTION FOR LEAVE TO WITHDRAW AND REPLACE WITH REVISED OPPOSITION re 14 Memorandum in Opposition by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, Revised Opposition, # 2 Exhibit B, Redlined Version of Opposition)(Johnson, Stephanie) Modified event on 10/13/2023 (mg). (Entered: 10/11/2023)
2023-10-1116REPLY to opposition to motion re 15 MOTION MOTION FOR LEAVE TO WITHDRAW AND REPLACE WITH REVISED OPPOSITION re 14 Memorandum in Opposition , 9 MOTION for Leave to File Amended Complaint filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 10/11/2023)
2023-10-1117DECLARATION of Samuel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re 16 Reply to opposition to Motion,. (Attachments: # 1 Exhibit 1)(Dewey, Samuel) (Entered: 10/11/2023)
2023-10-19MINUTE ORDER. Upon review of Defendant's 10 and 12 Motions for Extension of Time, it is ORDERED that the Motion is GRANTED nunc pro tunc. So ORDERED by Judge Carl J. Nichols on October 19, 2023. (lccjn2) (Entered: 10/19/2023)
2023-10-19MINUTE ORDER. Defendants 15 motion for leave to withdraw and replace its 14 opposition is GRANTED. So ORDERED by Judge Carl J. Nichols on October 19, 2023. (lccjn2) (Entered: 10/19/2023)
2023-10-2418MOTION to Hold in Abeyance by HERITAGE FOUNDATION, MIKE HOWELL. (Cornett, Eric) (Entered: 10/24/2023)
2024-02-0919NOTICE by HERITAGE FOUNDATION, MIKE HOWELL (Cornett, Eric) (Entered: 02/09/2024)
2024-02-2820ORDER denying 9 Motion for Leave to File. Signed by Judge Carl J. Nichols on February 28, 2024. (lccjn2) (Entered: 02/28/2024)
2024-03-0921Consent MOTION for Scheduling Order by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel) (Entered: 03/09/2024)
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