HERITAGE FOUNDATION et al v. U.S. DEPARTMENT OF JUSTICE
| HERITAGE FOUNDATION and MIKE HOWELL |
| U.S. DEPARTMENT OF JUSTICE |
| 1:2023cv01854 |
| June 26, 2023 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Freedom of Information Act |
| 05 U.S.C. § 552 Freedom of Information Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Set/Reset Deadlines: The Department of Justice shall produce all responsive records from the 537 pages of potentially responsive records collected from custodians Weiss and Wolf by 8/25/2023. Status Report due by 11/1/2023 (zjch, )
|
|
MINUTE ORDER. Upon consideration of the parties' #27 Joint Status Report, the Court sees no need for a hearing on August 23, 2023. It is ORDERED that on or before August 25, 2023, the Department of Justice shall produce all responsive records from the 537 pages of potentially responsive records collected from custodians Weiss and Wolf; in addition, on or before October 31, 2023, the Department shall produce all responsive records from the remaining 2,148 pages of potentially responsive records (which translates into a rate of less than 1,000 pages per month); finally, on or before August 31, 2023, the parties shall consult via email on search terms. On or before November 1, 2023, the parties shall submit a joint status report proposing a briefing schedule. So Ordered by Judge Dabney L. Friedrich on August 22, 2023. (lcdlf2)
|
|
Filing 27
Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Lynch, Jason)
|
|
Set/Reset Deadlines: Status Report due by 8/21/2023 (zjch, )
|
|
Minute Entry for proceedings held before Judge Dabney L. Friedrich: Status Conference held on 8/11/2023. Status Report due by 8/21/2023 Court Reporter Sara Wick. (zjch, )
|
|
MINUTE ORDER. As directed at today's status conference, the parties are ORDERED to meet and confer in an effort to agree on a production schedule. The parties shall file a joint status report on or before August 21, 2023. If necessary, a hearing will be scheduled for a mutually agreeable time on August 23, 2023. So Ordered by Judge Dabney L. Friedrich on August 11, 2023 (lcdlf2).
|
|
Filing 26
Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Attachments: #1 Exhibit 1 - Hr'g Tr., #2 Exhibit 2 - Congressional Letter)(Lynch, Jason)
|
|
NOTICE of Hearing: Motion Hearing set for 8/11/2023 at 2:00 PM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, )
|
|
MINUTE ORDER requiring the parties to MEET AND CONFER and file a Meet and Confer report proposing a schedule for further proceedings. The report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the Meet and Confer report on or before August 4, 2023. So Ordered by Judge Dabney L. Friedrich on July 28, 2023. (lcdlf2)
|
|
Set/Reset Deadlines: Meet & Confer Report due by 8/4/2023. (zjd)
|
|
Filing 25
ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Lynch, Jason)
|
|
Filing 24
ORDER of USCA as to #19 Notice of Interlocutory Appeal, filed by HERITAGE FOUNDATION, MIKE HOWELL, #22 Notice of Interlocutory Appeal filed by HERITAGE FOUNDATION, MIKE HOWELL ; denying emergency motion for injunction pending appeal; USCA Case Number 23-5168 and 23-5171. (znmw)
|
|
Filing 23
Transmission of the Notice of Appeal, Minute Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #22 Notice of Interlocutory Appeal. (zed)
|
|
Filing 22
NOTICE OF INTERLOCUTORY APPEAL as to Order on Motion for Injunction,,,,, by HERITAGE FOUNDATION, MIKE HOWELL. Filing fee $ 505, receipt number ADCDC-10221512. Fee Status: Fee Paid. Parties have been notified. (Dewey, Samuel)
|
|
USCA Case Number 23-5171 for #22 Notice of Interlocutory Appeal filed by HERITAGE FOUNDATION, MIKE HOWELL. (znmw)
|
|
USCA Case Number 23-5168 for #19 Notice of Interlocutory Appeal, filed by HERITAGE FOUNDATION, MIKE HOWELL. (mg)
|
|
Filing 21
MOTION for Injunction Pending Interlocutory Appeal by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel)
|
|
Filing 20
Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #19 Notice of Interlocutory Appeal. (zed)
|
|
MINUTE ORDER denying the plaintiffs' #21 Motion for Injunction Pending Interlocutory Appeal. First, Rule 62(d) of the Federal Rules of Civil Procedure permits a party to seek an injunction pending appeal to "secure the opposing party's rights." The only right the plaintiffs may seek to "secure' on appeal is reversal of this Court's order denying a preliminary injunction ordering DOJ to produce requested documents by July 21, 2023. Such an injunction is the only form of relief that the plaintiffs requested in this Court, the only form of relief that the Court denied, and the only form of relief the denial of which is the subject of the #19 Notice of Interlocutory Appeal. The plaintiffs are not asking for an injunction pending appeal to preserve the possibility of that relief. They are instead requesting new relief--to order DOJ to produce the relevant documents by a newly proposed, later date--that is not properly presented in a motion for injunction pending appeal. Instead, the plaintiffs would have to file a new motion for preliminary injunction. Second, even if the Court were to consider the plaintiffs' arguments on the merits, treating them as in support of a different proposed preliminary injunction, the Court would deny the motion for the same reasons stated in its #18 Order. So Ordered by Judge Dabney L. Friedrich on July 20, 2023. (lcdlf2)
|
|
Filing 19
NOTICE OF INTERLOCUTORY APPEAL as to #18 Order on Motion for Preliminary Injunction,,, Order on Motion for Leave to File,,,,, by HERITAGE FOUNDATION, MIKE HOWELL. Filing fee $ 505, receipt number ADCDC-10217518. Fee Status: Fee Paid. Parties have been notified. (Dewey, Samuel)
|
|
Filing 18
ORDER granting the plaintiffs' #14 and #15 Motions for Leave to File Reply Declarations and Reply Memorandum and denying the plaintiffs' #6 Motion for Preliminary Injunction. See text for details. The July 20, 2023 preliminary injunction hearing is VACATED.In addition, the Court will not grant the defendant any extensions to the answer deadline absent extraordinary circumstances. The parties are directed to contact the Courtroom Deputy to schedule a post-meet and confer status hearing for the week of August 7, 2023. So Ordered by Judge Dabney L. Friedrich on July 19, 2023. (lcdlf2)
|
|
Filing 17
REPLY to opposition to motion re #14 MOTION for Leave to File Reply Declarations, #15 MOTION for Leave to File Reply Memorandum filed by HERITAGE FOUNDATION, MIKE HOWELL. (Dewey, Samuel)
|
|
Filing 16
Memorandum in opposition to re #14 Motion for Leave to File,, #15 Motion for Leave to File filed by U.S. DEPARTMENT OF JUSTICE. (Shapiro, Elizabeth)
|
|
Filing 15
MOTION for Leave to File Reply Memorandum by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: #1 Memorandum in Support)(Dewey, Samuel)
|
|
Filing 14
MOTION for Leave to File Reply Declarations by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: #1 Declaration Second Declaration of Samuel Everett Dewey, #2 Exhibit 2d Dewey Decl. Ex. 1, #3 Exhibit 2d Dewey Decl. Ex. 2, #4 Exhibit 2d Dewey Decl. Ex. 3, #5 Exhibit 2d Dewey Decl. Ex. 4, #6 Declaration Declaration of Kyle Brosnan, #7 Exhibit Brosnan Decl. Ex. 1, #8 Exhibit Brosnan Decl. Ex. 2, #9 Exhibit Brosnan Decl. Ex. 3, #10 Exhibit Brosnan Decl. Ex. 4, #11 Declaration Declaration of Mike Howell)(Dewey, Samuel) (Attachment 5 flattened & replaced on 7/14/2023.) (ztnr)
|
|
Filing 13
NOTICE of Appearance by Elizabeth J. Shapiro on behalf of U.S. DEPARTMENT OF JUSTICE (Shapiro, Elizabeth)
|
|
Filing 12
ERRATA re #10 Memorandum in opposition to Plaintiffs' Motion for Preliminary Injunction by U.S. DEPARTMENT OF JUSTICE (Attachments: #1 Defendant's Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (Corrected))(Lynch, Jason) Modified on 7/11/2023 to add docket relationship (zed).
|
|
NOTICE of Hearing: Motion Hearing set for 7/20/2023 at 11:30 AM in Courtroom 14- In Person before Judge Dabney L. Friedrich. (zjch, )
|
|
Filing 11
NOTICE of Appearance by Daniel D. Mauler on behalf of All Plaintiffs (Mauler, Daniel)
|
|
Filing 10
Memorandum in opposition to re #6 Motion for Preliminary Injunction filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: #1 Exhibit 1 - July 10, 2023, Declaration of Kara Cain (EOUSA))(Lynch, Jason)
|
|
Filing 9
MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Preliminary Injunction By Three Working Days, Until July 11, 2023, by U.S. DEPARTMENT OF JUSTICE. (Attachments: #1 Text of Proposed Order)(Lynch, Jason)
|
|
Filing 8
NOTICE of Appearance by Jason C. Lynch on behalf of U.S. DEPARTMENT OF JUSTICE (Lynch, Jason)
|
|
MINUTE ORDER granting in part the defendant's #9 Motion for Extension of Time. The defendant shall file a response to the plaintiffs' #6 Motion for Preliminary Injunction on or before July 10, 2023 at 9:00am. So Ordered by Judge Dabney L. Friedrich on June 30, 2023. (lcdlf2)
|
|
Filing 7
DECLARATION of Smauel Everett Dewey by HERITAGE FOUNDATION, MIKE HOWELL re #6 MOTION for Preliminary Injunction 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)(Dewey, Samuel) (Attachment 4 flattened & replaced on 7/3/2023.) (ztnr)
|
|
Filing 6
MOTION for Preliminary Injunction by HERITAGE FOUNDATION, MIKE HOWELL. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Dewey, Samuel)
|
|
Filing 5
STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on June 29, 2023. (lcdlf2)
|
|
Filing 4
SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zrtw)
|
|
Filing 3
NOTICE of Appearance by Eric Neal Cornett on behalf of All Plaintiffs (Cornett, Eric)
|
|
Filing 2
NOTICE of Appearance by Roman Jankowski on behalf of All Plaintiffs (Jankowski, Roman)
|
|
Case Assigned to Judge Dabney L. Friedrich. (zrtw)
|
|
Filing 1
COMPLAINT against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-10165346) 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, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24)(Dewey, Samuel)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the District Of Columbia District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
