PROTECT DEMOCRACY PROJECT, INC. v. UNITED STATES DEPARTMENT OF JUSTICE
| The Protect Democracy Project, Inc. and PROTECT DEMOCRACY PROJECT, INC. |
| UNITED STATES DEPARTMENT OF JUSTICE |
| 1:2020cv02810 |
| October 2, 2020 |
| US District Court for the District of Columbia |
| Emmet G Sullivan |
| Freedom of Information Act |
| 05 U.S.C. § 552 Freedom of Information Act |
| None |
Docket Report
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This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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Filing 43
STIPULATION of Dismissal by PROTECT DEMOCRACY PROJECT, INC.. (Frankel, David)
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Filing 42
MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Exhibit List, #4 Exhibit Ex. 1 - Brinkmann Decl., #5 Exhibit Ex. 2 - Kagle Decl., #6 Exhibit Ex. 3 - Cunningham Decl., #7 Exhibit Ex. 4 - Warner Decl., #8 Exhibit Ex. 5 - Seidel Decl., #9 Exhibit Ex. 6 - Schnepfe Decl., #10 Text of Proposed Order)(Patil, Chetan)
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Filing 41
MINUTE ORDER granting #40 consent motion for extension of time. The parties shall abide by the following modified schedule: the government shall file its motion for summary judgment by no later than June 28, 2021; Protect Democracy shall file its opposition and cross-motion by no later than July 28, 2021; the government shall file its opposition and reply by no later than August 25, 2021; and Protect Democracy shall file its reply by no later than September 9, 2021. Signed by Judge Emmet G. Sullivan on 6/17/2021. (lcegs3)
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Set/Reset Deadlines: Government Motion For Summary Judgment dye by 6/28/2021. Protect Democracy Opposition And Cross-Motion due by 7/28/2021. Government Opposition And Reply due by 08/25/2021.Protect Democracy Reply due by 9/9/2021. (mac)
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Filing 40
Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Text of Proposed Order)(Patil, Chetan)
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Filing 39
NOTICE of Appearance by Chetan A. Patil on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Patil, Chetan)
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MINUTE ORDER. In view of #38 joint status report, the parties shall abide by the following schedule: the government shall file its motion for summary judgment by no later than June 21, 2021; Protect Democracy shall file its opposition and cross-motion by no later than July 21, 2021; the government shall file its opposition and reply by no later than August 18, 2021; and Protect Democracy shall file its reply by no later than September 1, 2021. Signed by Judge Emmet G. Sullivan on 4/26/2021. (lcegs3)
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Set/Reset Deadlines: Government Motion For Summary Judgment due by 6/21/2021. Protect Democracy Opposition And Cross-Motion due by 7/21/2021. Government Opposition And Reply due by 8/18/2021. Protect Democracy Reply due by 9/1/2021. (mac)
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Filing 38
Joint STATUS REPORT pursuant to Minute Order by UNITED STATES DEPARTMENT OF JUSTICE. (Sur, Indraneel)
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Set/Reset Deadlines: Joint Status Report due by 4/21/2021. (mac)
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MINUTE ORDER. In view of #37 joint status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than April 21, 2021. Signed by Judge Emmet G. Sullivan on 3/30/2021. (lcegs3)
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Filing 37
Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sur, Indraneel)
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Set/Reset Deadlines: Joint Status Report due by 3/29/2021 (mac)
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Filing 36
Unopposed MOTION for Extension of Time to Complete DOJ FOIA Processing by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Text of Proposed Order)(Sur, Indraneel)
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MINUTE ORDER granting #36 unopposed motion for extension of time to complete FOIA processing. It is hereby ORDERED that Defendant shall complete the processing of Plaintiff's FOIA request by no later than March 15, 2021. It is FURTHER ORDERED that the parties shall file a joint status report with a recommendation for further proceedings by no later than March 29, 2021. Signed by Judge Emmet G. Sullivan on 2/26/2021. (lcegs3)
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Set/Reset Deadlines: Joint Status Report due by 3/15/2021 (mac)
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MINUTE ORDER. In view of #33 joint status report and Defendant's consent to complete the processing of Plaintiff's FOIA request by March 1, 2021, it is hereby ORDERED that the Criminal Division shall complete the processing of Plaintiff's FOIA request by no later than March 1, 2021. It is FURTHER ORDERED that the parties shall submit a joint status report with a recommendation for further proceedings by no later than March 15, 2021. Signed by Judge Emmet G. Sullivan on 2/23/2021. (lcegs3)
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Filing 35
NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney Laurence M. Schwartztol terminated. (Schwartztol, Laurence)
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Filing 34
NOTICE of Appearance by Rachel F. Homer on behalf of PROTECT DEMOCRACY PROJECT, INC. (Homer, Rachel)
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Filing 33
Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: #1 Exhibit A - Defendant's Interim Response Letters, #2 Exhibit B - Status of Responsive Documents, #3 Exhibit C - November and December 2020 Letters, #4 Exhibit D - December 22, 2020 Email, #5 Exhibit E - December 23, 2020 Email)(Frankel, David)
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ENTERED IN ERROR.....Set/Reset Deadlines: Joint Status Report due by 1/4/2021 (mac)
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Filing 32
STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Sur, Indraneel)
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MINUTE ORDER. In view of #32 status report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than January 4, 2021. Signed by Judge Emmet G. Sullivan on 12/18/2020. (lcegs3)
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Set/Reset Deadlines: Joint Status Report due by 1/4/2021 (mac)
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Set/Reset Deadlines: Defendant Status Report due no later than 12:00PM on 12/18/2020 (mac)
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MINUTE ORDER. The parties have submitted #31 Joint Status Report in response to this Court's November 16, 2020 Minute Order requiring defendant to "commence rolling productions of responsive documents to Plaintiffs on a weekly basis, with the first production scheduled for November 23, 2020." Min. Order (Nov. 16, 2020). On November 23, 2020, defendant provided plaintiff with a "first interim response" to its FOIA request, informing plaintiff "that a search has been conducted in the appropriate section, and we are continuing to review and process potentially responsive records." Ex. 1 to JSR, ECF No. 31-1 at 2. Defendant further stated that it had referred 211 pages to the agency or entity from which they originated. Id. One week later, on November 30, 2020, the defendant provided plaintiff with a "second interim response," informing plaintiff that it had referred an additional 61 pages of documents to the agency from which they originated. Ex. 4 to JSR, ECF No 31-4. Defendant contends that its interim responses are consistent with the Court's November 16, 2020 Order because that order recognized that the defendant "would conduct its expedited processing on a 'rolling'" basis. JSR, ECF No. 31 at 6. However, defendant's interim responses are not consistent with this Court's Order, which required the production of "responsive documents." Accordingly, by no later than 12:00 pm on December 18, 2020, defendant shall file a Status Report informing the Court of: (1) the number of documents that have been produced to the plaintiff as of that date; (2) the number of responsive documents that have been identified; (3) whether the defendant's search for responsive documents is complete: (4) the number of responsive documents that originated with defendant; (5) the number of responsive documents that have been referred to an originating agency or entity; and (6) if no responsive documents originating with defendant have been produced, the reason no such documents have been produced. Signed by Judge Emmet G. Sullivan on 12/16/2020. (lcegs3)
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Filing 31
Joint STATUS REPORT by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: #1 Exhibit A - November 23, 2020 Letter, #2 Exhibit B - November 24-27 Emails, #3 Exhibit C - November 25, 2020 Letter, #4 Exhibit D - November 30, 2020 Letter, #5 Exhibit E - December 1, 2020 Email)(Frankel, David)
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| Set/Reset Deadlines: Joint Status Report due by 12/2/2020 (mac) |
| Filing 30 REPLY to opposition to motion re #28 MOTION for Scheduling Order filed by PROTECT DEMOCRACY PROJECT, INC.. (Frankel, David) |
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MINUTE ORDER granting in part and denying in part #28 motion for scheduling order. Consistent with the Court's #25 Order to process Plaintiffs' FOIA request on an expedited basis, it is hereby ORDERED that Defendant United States Department of Justice shall commence rolling productions of responsive documents to Plaintiffs on a weekly basis, with the first production scheduled for November 23, 2020. It is FURTHER ORDERED that the parties shall file a joint status report with a recommendation for further proceedings by no later than December 2, 2020. Signed by Judge Emmet G. Sullivan on 11/16/2020. (lcegs3)
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| Filing 29 RESPONSE re #28 MOTION for Scheduling Order Opposition filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sur, Indraneel) |
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MINUTE ORDER. In view of #28 motion for scheduling order, Defendant United States Department of Justice shall file its response by no later than November 13, 2020 at 5:00 PM. Signed by Judge Emmet G. Sullivan on 11/13/2020. (lcegs3)
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| Set/Reset Deadlines: United States Department Of Justice Responses due no later than 5:00PM on 11/13/2020. (mac) |
| Filing 28 MOTION for Scheduling Order by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Declaration of Harry Morgenthau, #2 Exhibit A - Protect Democracys E-mail Communications with Defendant, #3 Text of Proposed Order)(Frankel, David) Modified to edit the filer on 11/12/2020 (zrdj). |
| Filing 27 ANSWER to Complaint under Freedom of Information Act by UNITED STATES DEPARTMENT OF JUSTICE.(Sur, Indraneel) |
| Filing 26 MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 10/30/2020. (lcegs3) |
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Filing 25
ORDER granting in part and denying in part #16 Motion for Preliminary Injunction. Signed by Judge Emmet G. Sullivan on 10/30/2020. (lcegs3)
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| Filing 24 REPLY to opposition to motion re #16 MOTION for Preliminary Injunction filed by PROTECT DEMOCRACY PROJECT, INC.. (Frankel, David) |
| Filing 23 AFFIDAVIT re #21 Memorandum in Opposition, in further support of Def.'s Opposition to Mot. for Prelim. Inj. by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Exhibit Ltr fr Civil Rights Division to Plaintiff)(Sur, Indraneel) |
| Filing 22 Exhibit List to Opposition to Mot. for Prelim. Inj. by UNITED STATES DEPARTMENT OF JUSTICE. (Sur, Indraneel) |
| Filing 21 Memorandum in opposition to re #16 MOTION for Preliminary Injunction filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: #1 Declaration Attorney, #2 Declaration Criminal Division FOIA Unit, #3 Declaration Civil Rights Division FOIA Unit, #4 Text of Proposed Order)(Sur, Indraneel) |
| Filing 20 CERTIFICATE OF SERVICE by PROTECT DEMOCRACY PROJECT, INC. re #16 MOTION for Preliminary Injunction . (Morgenthau, Harry) |
| Set/Reset Deadlines: Defendant Response due by 10/20/2020. Plaintiff Reply due by 10/29/2020. (mac) |
| Filing 19 Joint STATUS REPORT Pursuant To Minute Order by UNITED STATES DEPARTMENT OF JUSTICE. (Sur, Indraneel) |
| Filing 18 NOTICE of Appearance by Indraneel Sur on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Sur, Indraneel) |
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MINUTE ORDER. In view of #19 joint status report, the parties shall adhere to the following briefing schedule: Defendant shall file its response by no later than October 20, 2020. Plaintiff shall file its reply by no later than October 23, 2020. Signed by Judge Emmet G. Sullivan on 10/14/2020. (lcegs3)
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| Filing 17 NOTICE of Appearance by Daniel I Sugarman on behalf of PROTECT DEMOCRACY PROJECT, INC. (Sugarman, Daniel) |
| Set/Reset Deadlines: Joint Status Report due no later than 12:00PM on 10/14/2020 (mac) |
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MINUTE ORDER. In view of #16 plaintiffs' motion for preliminary injunction, plaintiffs are HEREBY DIRECTED to contact forthwith the United States Attorneys Office for the District of Columbia and/or the Department of Justice as appropriate to identify government counsel. The parties shall thereafter file a joint status report by no later than October 14, 2020 at 12:00 PM NOON with recommendations for further proceedings, including, inter alia, (1) whether plaintiffs' motion for a preliminary injunction should be consolidated with the merits under Federal Rule of Civil Procedure 65; and (2) recommendations for further proceedings including, if necessary, a briefing schedule for plaintiffs' motion for a preliminary injunction. Signed by Judge Emmet G. Sullivan on 10/12/2020. (lcegs3)
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| Filing 16 MOTION for Preliminary Injunction by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Memorandum in Support, #2 Declaration LAURENCE M. SCHWARTZTOL, #3 Exhibit Exhibit Index, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Text of Proposed Order)(Schwartztol, Laurence) |
| Filing 15 NOTICE of Appearance by Harry Pattridge Morgenthau on behalf of PROTECT DEMOCRACY PROJECT, INC. (Morgenthau, Harry) |
| Filing 14 NOTICE of Appearance by David Stanley Frankel on behalf of PROTECT DEMOCRACY PROJECT, INC. (Frankel, David) |
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Filing 13
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 10/08/20. (Attachment: #1 Exhibit 1) (mac)
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MINUTE ORDER granting #7 motion for leave to appear pro hac vice. David S. Frankel is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 10/8/2020. (lcegs3)
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MINUTE ORDER granting #8 motion for leave to appear pro hac vice. Harry P. Morgenthau is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 10/8/2020. (lcegs3)
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MINUTE ORDER granting #9 motion for leave to appear pro hac vice. Daniel I. Sugarman is hereby admitted pro hac vice in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Emmet G. Sullivan on 10/8/2020. (lcegs3)
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| Filing 12 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/07/2020. (Schwartztol, Laurence) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/7/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/6/2020. (Schwartztol, Laurence) |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 10/7/2020 (Schwartztol, Laurence) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel I. Sugarman, Filing fee $ 100, receipt number ADCDC-7684886. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Declaration Daniel I. Sugarman, #2 Text of Proposed Order)(Schwartztol, Laurence) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harry P. Morgenthau, Filing fee $ 100, receipt number ADCDC-7684800. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Declaration Harry P. Morgenthau, #2 Text of Proposed Order)(Schwartztol, Laurence) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David S. Frankel, Filing fee $ 100, receipt number ADCDC-7684738. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Declaration of David S. Frankel, #2 Text of Proposed Order)(Schwartztol, Laurence) |
| Filing 6 SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
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MINUTE ORDER. On October 6, 2020, Chambers received a voicemail message from Plaintiff's counsel regarding #3 , #4 , #5 motions for appearance pro hac vice. To avoid ex parte communications, the Court prohibits telephone calls from parties. Plaintiff's counsel is further reminded that, pursuant to the Local Civil Rules, "[a]ll documents signed by an attorney shall contain the... D.C. Bar identification number of the attorney if the attorney is a member of the D.C. Bar." L. Civ. R. 5.1(c)(1); see also L. Civ. R. 11.1 ("All papers signed by an attorney shall contain the... bar identification number of the attorney."). Signed by Judge Emmet G. Sullivan on 10/6/2020. (lcegs3)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel I. Sugarman, Filing fee $ 100, receipt number ADCDC-7674553. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Declaration Daniel I. Sugarman, #2 Text of Proposed Order Proposed Order)(Schwartztol, Laurence) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harry P. Morgenthau, Filing fee $ 100, receipt number ADCDC-7674495. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Attachments: #1 Declaration Harry P. Morgenthau, #2 Text of Proposed Order Proposed Order)(Schwartztol, Laurence) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David S. Frankel, Filing fee $ 100, receipt number ADCDC-7674403. Fee Status: Fee Paid. by The Protect Democracy Project, Inc. (Attachments: #1 Declaration Of David S. Frankel, #2 Text of Proposed Order Proposed Order)(Schwartztol, Laurence) |
| Case Assigned to Judge Emmet G. Sullivan. (zsb) |
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MINUTE ORDER denying #5 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 5.1(c)(1) ("All documents signed by an attorney shall contain the name, address, telephone number, and D.C. Bar identification number of the attorney if the attorney is a member of the D.C. Bar."). Signed by Judge Emmet G. Sullivan on 10/5/2020. (lcegs3)
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MINUTE ORDER denying #4 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 5.1(c)(1) ("All documents signed by an attorney shall contain the name, address, telephone number, and D.C. Bar identification number of the attorney if the attorney is a member of the D.C. Bar."). Signed by Judge Emmet G. Sullivan on 10/5/2020. (lcegs3)
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MINUTE ORDER denying #3 motion for leave to appear pro hac vice for failure to comply with Local Civil Rule 5.1(c)(1) ("All documents signed by an attorney shall contain the name, address, telephone number, and D.C. Bar identification number of the attorney if the attorney is a member of the D.C. Bar."). Signed by Judge Emmet G. Sullivan on 10/5/2020. (lcegs3)
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| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by The Protect Democracy Project, Inc. (Schwartztol, Laurence) |
| Filing 1 COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number ADCDC-7669695) filed by The Protect Democracy Project, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Summons to U.S. Attorney for the District of Columbia, #6 Summons to United States Department of Justice, #7 Summons to United States Attorney General)(Schwartztol, Laurence) |
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