MERKLEY v. TRUMP et al
| District Of Columbia District Court | |
| Judge: | Amy Berman Jackson |
| Case #: | 1:18-cv-02226 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:2201 Declaratory Judgment |
| Case Filed: | Sep 26, 2018 |
| Terminated: | Oct 11, 2018 |
| Last checked: Monday Mar 25, 2019 5:46 AM EDT |
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Defendant
JULIE ADAMS
312 United States Capitol East Capitol St NE & First St SE
Washington, DC 20004 |
Represented By
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Defendant
WILLIAM BURCK
1300 I Street NW Suite 900
Washington, DC 20005 |
Represented By
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Defendant
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
as indispensable party per Fed. R. Civ. P. 19 700 Pennsylvania Ave NW
Washington, DC 20408 |
Represented By
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Defendant
MICHAEL STENGER
151 United States Capitol East Capitol St NE & First St SE
Washington, DC 20004 |
Represented By
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Defendant
CHARLES GRASSLEY
Senator 135 Hart Senate Office Building 120 Constitution Ave NE
Washington, DC 20510 |
Represented By
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Defendant
MITCH MCCONNELL
Senator 317 Russell Senate Office Building 2 Constitution Avenue NE
Washington, DC 20510 |
Represented By
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Defendant
DONALD J. TRUMP
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Represented By
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Plaintiff
JEFF MERKLEY
Senator 313 Hart Senate Office Building 120 Constitution Ave NE
Washington, DC 20510 |
Represented By
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| 1. | Dem senator filing lawsuit to block Kavanaugh vote (thehill.com) |
| Submitted Fri 09/28/2018 | |
| Docket last updated: 11/25/2024 11:59 PM EST |
| Saturday, October 06, 2018 | ||
| 14 | 14
notice
Notice of Voluntary Dismissal
Sat 10/06 4:11 PM
NOTICE of Voluntary Dismissal by JEFF MERKLEY (Mehri, Cyrus) |
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| Friday, October 05, 2018 | ||
| 13 | 13
30+
pgs
respm
Memorandum in opposition to motion
Fri 10/05 4:45 PM
Memorandum in opposition to re5 MOTION for Temporary Restraining Order filed by JULIE ADAMS, CHARLES GRASSLEY, MITCH MCCONNELL, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MICHAEL STENGER, DONALD J. TRUMP. (Pezzi, Stephen) |
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| 12 | 12
motion
Dismiss
Fri 10/05 4:44 PM
MOTION to Dismiss and Memorandum in Support by JULIE ADAMS, CHARLES GRASSLEY, MITCH MCCONNELL, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MICHAEL STENGER, DONALD J. TRUMP (Pezzi, Stephen) |
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| 11 | 11
notice
Notice of Appearance
Fri 10/05 11:23 AM
NOTICE of Appearance by Stephen M. Pezzi on behalf of JULIE ADAMS, CHARLES GRASSLEY, MITCH MCCONNELL, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MICHAEL STENGER, DONALD J. TRUMP (Pezzi, Stephen) |
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order
Order on Motion to Expedite
Fri 10/05 12:08 PM
MINUTE ORDER. The complaint in this case1 concerns plaintiff Senator Jeff Merkley's access to documents related to Judge Brett Kavanaugh's previous work as a lawyer in the White House Counsel's Office. Senator Merkley seeks these records as part of the "Advice and Consent" process established by the United States Constitution. The complaint alleges, among other things, that on August 31, 2018, defendant William Burck, who was designated to review records from the George W. Bush Presidential Library, informed defendant Charles Grassley, the Chair of the Senate Judiciary Committee, that approximately 100,000 pages of documents would be withheld at the behest of defendant President Donald Trump on the basis of "presidential privilege." The complaint was filed approximately four weeks later, on September 26, 2018, and on October 3, 2018, plaintiff moved for the first time for a temporary restraining order directing defendant President Trump and defendant Burck to provide a privilege log identifying the materials that had been withheld. At a scheduling conference convened by the Court that afternoon, a briefing schedule was established. The Court did not set a hearing date at that time, and it stated that it would schedule a hearing if and when it deemed it necessary to do so after reviewing the defendants' combined motion to dismiss and opposition to the TRO. Later that day, the Court scheduled a hearing simply to ensure that the parties would be available on Tuesday if needed, but under the circumstances, the Court's original approach was the more appropriate one. It is the timing of the Court's full consideration of the legal positions of the parties, and not the timing of a hearing, that will control the timing of a decision. Therefore, the October 3, 2018 Minute Order scheduling a hearing for Tuesday October 9, 2018 is hereby VACATED, and plaintiff's motion9 to accelerate the date of the hearing is DENIED as moot. The Court notes that the schedule of events related to the confirmation process described in the motion to expedite is not, as stated in the motion, a change of circumstances or a set of "new facts" that "have arisen since the scheduling conference;" the parties specifically informed the Court during the scheduling conference that the cloture vote was likely to take place on Friday and the vote as early as Saturday. While the complaint raises many questions related to the schedule established by defendants McConnell and Grassley, and the motion for a TRO questions the existence of any urgency requiring a vote while the processing of other Senators' Freedom of Information Act requests for potentially relevant records is ongoing, the motion does not seek any relief, if any could be granted by the Court, related to the schedule of events in the Senate. Signed by Judge Amy Berman Jackson on 10/05/2018. (lcabj3) |
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| Thursday, October 04, 2018 | ||
| 10 | 10
3
pgs
respm
Memorandum in opposition to motion
Thu 10/04 5:44 PM
Memorandum in opposition to re9 MOTION to Expedite Hearing filed by JULIE ADAMS, CHARLES GRASSLEY, MITCH MCCONNELL, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MICHAEL STENGER, DONALD J. TRUMP. (Pezzi, Stephen) |
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| 9 | 9
motion
Expedite
Thu 10/04 5:06 PM
MOTION to Expedite Hearing by JEFF MERKLEY(Mehri, Cyrus) |
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Att: 1
Affidavit Exhibit #1
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| 8 | 8
misc
Transcript
Thu 10/04 3:14 PM
TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on October 3, 2018; Page Numbers: 1-32. Date of Issuance:October 3, 2018. Court Reporter Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/25/2018. Redacted Transcript Deadline set for 11/4/2018. Release of Transcript Restriction set for 1/2/2019.(Dickman, Janice) |
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| Wednesday, October 03, 2018 | ||
| 7 | 7
notice
Notice of Appearance
Wed 10/03 11:48 AM
NOTICE of Appearance by Christopher Landau on behalf of WILLIAM BURCK (Landau, Christopher) |
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| 6 | 6
notice
Notice of Appearance
Wed 10/03 9:48 AM
NOTICE of Appearance by Stephen M. Pezzi on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, DONALD J. TRUMP (Pezzi, Stephen) |
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| 5 | 5
motion
Temporary Restraining Order
Wed 10/03 12:50 AM
MOTION for Temporary Restraining Order by JEFF MERKLEY(Mehri, Cyrus) |
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Att: 1
Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order,
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Att: 2
Declaration of Senator Jeff Merkley,
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Att: 3
Text of Proposed Order
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utility
Set/Reset Hearings
Wed 10/03 1:55 PM
Set/Reset Hearings: A Telephone Scheduling Conference is set for 10/3/2018 at 2:00 PM in Courtroom 3 before Judge Amy Berman Jackson. (jth) |
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minutes
Telephone Conference ~Util - Set/Reset Deadlines
Wed 10/03 3:59 PM
Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Scheduling Conference held on 10/3/2018. Defendants' Consolidated Memorandum in Support of its Opposition to Plaintiff's Motion for Temporary Restraining Order and Motion to Dismiss is due by Close of Business (5:00 PM) on Friday, October 5, 2018; Plaintiff's Consolidated Reply Memorandum in Support of its Motion for Temporary Restraining Order and Opposition to Defendants' Motion to Dismiss is due by noon (12:00 PM) on Monday, October 8, 2018; Any submission from Defendant William Burck is due by 9:00 AM on Monday, October 8, 2018. (Court Reporter: Janice Dickman) (jth) |
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utility
Set/Reset Hearings
Wed 10/03 5:35 PM
Set/Reset Hearings: A Hearing on Plaintiff's5 Motion for Temporary Restraining Order is set for Tuesday, October 9, 2018, at 10:30 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) |
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| Friday, September 28, 2018 | ||
| 4 | 4
service
Electronic Summons Issued as to AUSA,USAG
Fri 09/28 10:57 AM
SUMMONS (2) Issued Electronically as to, U.S. Attorney and U.S. Attorney General (jf) |
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| Thursday, September 27, 2018 | ||
| 3 | 3
cmp
Request for Summons to Issue
Thu 09/27 1:21 PM
REQUEST FOR SUMMONS TO ISSUE re1 Complaint, filed by JEFF MERKLEY. Related document:1 Complaint, filed by JEFF MERKLEY.(Mehri, Cyrus) |
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| 2 | 2
service
Electronic Summons Issued
Thu 09/27 9:19 AM
SUMMONS (7) Issued Electronically as to JULIE ADAMS, WILLIAM BURCK, CHARLES GRASSLEY, MITCH MCCONNELL, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MICHAEL STENGER, DONALD J. TRUMP. (zmd) |
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Att: 1
Notice and Consent
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utility
Case Assigned/Reassigned
Thu 09/27 8:12 AM
Case Assigned to Judge Amy Berman Jackson. (zmd) |
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| Wednesday, September 26, 2018 | ||
| 1 | 1
28
pgs
cmp
Complaint
Wed 09/26 1:51 PM
COMPLAINT against JULIE ADAMS, WILLIAM BURCK, CHARLES GRASSLEY, MITCH MCCONNELL, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MICHAEL STENGER, DONALD J. TRUMP with Jury Demand ( Filing fee $ 400 receipt number 0090-5706932) filed by JEFF MERKLEY.(Mehri, Cyrus) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summons,
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Att: 3
Summons,
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Att: 4
Summons,
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Att: 5
Summons,
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Att: 6
Summons,
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Att: 7
Summons,
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Att: 8
Summons
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