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Case TitleHERITAGE FOUNDATION et al v. FEDERAL BUREAU OF INVESTIGATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02882
Date Filed2023-09-28
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffHERITAGE FOUNDATION
PlaintiffMIKE HOWELL
Case DescriptionThe Heritage Foundation submitted FOIA requests to the FBI, the Department of Justice, the Department of Homeland Security, the Department of Health and Human Services, and the Department of Education for records concerning Moms for Liberty and the email domain @splecenter.org. The Heritage Foundation also requested a fee waiver and expedited processing. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the Heritage Foundation filed sui.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantCIVIL RIGHTS DIVISION, U.S. DEPARTMENT OF JUSTICE
DefendantU.S. DEPARTMENT OF JUSTICE Civil Rights Division
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF EDUCATION
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-281COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10384945) filed by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Civil Cover Sheet, # 16 Summons)(Edlow, Joseph) (Entered: 09/28/2023)
2023-09-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HERITAGE FOUNDATION (Edlow, Joseph) (Entered: 09/28/2023)
2023-09-283NOTICE of Appearance by Samuel Everett Dewey on behalf of HERITAGE FOUNDATION, MIKE HOWELL (Dewey, Samuel) (Entered: 09/28/2023)
2023-10-02Case Assigned to Judge Tanya S. Chutkan. (zcb) (Entered: 10/02/2023)
2023-10-024SUMMONS (6) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 10/02/2023)
2023-10-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/10/2023. Answer due for ALL FEDERAL DEFENDANTS by 11/9/2023. (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit USPS Tracker Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-10-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/10/2023. (Attachments: # 1 Exhibit USPS Tracker Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-10-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 10/10/2023 (Attachments: # 1 Exhibit USPS Tracking Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-10-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 10/6/2023 (Attachments: # 1 Exhibit USPS Tracking Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-10-139RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/6/2023 (Attachments: # 1 Exhibit USPS Tracking Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-10-1310RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF EDUCATION served on 10/6/2023 (Attachments: # 1 Exhibit USPS Tracking Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-10-1311RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 10/10/2023 (Attachments: # 1 Exhibit USPS Tracking Printout)(Edlow, Joseph) (Entered: 10/13/2023)
2023-11-1312NOTICE of Appearance by Stephen DeGenaro on behalf of All Defendants (DeGenaro, Stephen) (Entered: 11/13/2023)
2023-11-1313Consent MOTION for Extension of Time to Respond to the Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 11/13/2023)
2023-11-14MINUTE ORDER: GRANTING Defendants' 13 Consent Motion for Extention of Time. Defendants' response to the 1 Complaint is due December 13, 2023. Signed by Judge Tanya S. Chutkan on 11/14/2023. (lca) Modified to correct Minute Order on 11/16/2023 (zed). (Entered: 11/14/2023)
2023-11-14Set/Reset Deadlines: Answer due by 12/13/2023. (zed) (Entered: 11/15/2023)
2023-12-1314ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE.(DeGenaro, Stephen) (Entered: 12/13/2023)
2023-12-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiffs' FOIA requests, the anticipated number of documents responsive to Plaintiffs' FOIA requests, the anticipated date(s) for release of the documents requested by Plaintiffs, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 2/9/2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/14/2023. (lca) (Entered: 12/14/2023)
2024-02-0915Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION, U.S. DEPARTMENT OF EDUCATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 02/09/2024)
2024-02-12MINUTE ORDER: Upon consideration of the 15 Joint Status Report, the parties shall file another Joint Status Report by April 9, 2024, and every 60 days thereafter, updating the court on the status of Plaintiffs' FOIA request. To the extent that the parties propose a change in the status quo the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/12/2024. (lca) (Entered: 02/12/2024)
2024-02-12Set/Reset Deadlines: Joint Status Report due by 4/9/2024. (zcll) (Entered: 02/12/2024)
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