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Case TitleHeritage Foundation et al v. Weiss et al
DistrictDistrict of Delaware
Case Number1:2023cv01421
Date Filed2023-12-11
Date ClosedOpen
JudgeJudge Maryellen Noreika
PlaintiffHeritage Foundation
PlaintiffMike Howell
Case DescriptionThe Heritage Foundation submitted a FOIA request to David Weiss, U.S. Attorney for the District of Delaware, for records concerning the topics mentioned in a letter from the House Oversight Committee sent to Weiss pertaining to his investigation of Hunter Biden. The request also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted the Heritage Foundation's request for expedited processing. However, after hearing nothing further from the agency, the Heritage Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDavid C. Weiss in his official capacity as United States Attorney for the District of Delaware
DefendantU.S. Department of Justice
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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-111COMPLAINT filed against U.S. Department of Justice, David C. Weiss ( Filing fee $ 405, receipt number ADEDC-4292302.) - filed by Heritage Foundation, Mike Howell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Civil Cover Sheet)(mpb) (Entered: 12/12/2023)
2023-12-112Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) (Entered: 12/12/2023)
2023-12-11DEFICIENCY NOTICE issued by the Court to Plaintiff: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (mpb) (Entered: 12/12/2023)
2023-12-113Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons Issued)(mpb) (Entered: 12/12/2023)
2023-12-13Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 12/13/2023)
2023-12-234Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Heritage Foundation, Mike Howell. (Murray, Julianne) (Entered: 12/23/2023)
2024-01-155Pro Hac Vice Fee - Credit Card Payment received for Samuel Everett Dewey. ( Payment of $ 50, receipt number ADEDC-4314618).(Murray, Julianne) (Entered: 01/15/2024)
2024-01-156MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey - filed by Heritage Foundation, Mike Howell. (Murray, Julianne) (Entered: 01/15/2024)
2024-01-157Return of Service Executed by Heritage Foundation, Mike Howell. U.S. Department of Justice served on 1/5/2024, answer due 1/26/2024. (Murray, Julianne) (Entered: 01/15/2024)
2024-01-158Return of Service Executed by Heritage Foundation, Mike Howell. David C. Weiss served on 1/9/2024, answer due 1/30/2024. (Murray, Julianne) (Entered: 01/15/2024)
2024-01-16SO ORDERED re 6 MOTION for Pro Hac Vice Appearance of Attorney Samuel Everett Dewey filed by Heritage Foundation, Mike Howell. ORDERED by Judge Maryellen Noreika on 1/16/2024. (dlw) (Entered: 01/16/2024)
2024-02-089NOTICE of Appearance by Michael Patrick Clendenen on behalf of U.S. Department of Justice, David C. Weiss (Clendenen, Michael) (Entered: 02/08/2024)
2024-02-0810ANSWER to 1 Complaint,, by U.S. Department of Justice, David C. Weiss.(Clendenen, Michael) (Entered: 02/08/2024)
2024-02-1211ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 2/12/2024. (dlw) (Entered: 02/12/2024)
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