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The Heritage Foundation and Mike Howell hereby move, pursuant to Federal Rule of
Civil Procedure (Fed.R.Civ.P.)15(a)(2) and the Court’s inherent authority, for leave to file the
1. Fed.R.Civ.P. 15(a)(2) permits a party to “amend its pleading only with the
opposing party’s written consent or the court’s leave. The court should freely give leave when
justice so requires.”
2. Following review of several actions currently before the District Court of the
FOIA requests with “specifications” or “parts” into multiple requests via transmitting letters that:
(1) assign individualized, non-sequential identification numbers to each specification; (2) do not
definitively identify which request—or specification thereof—is being responded to; (3) do not
Case 1:23-cv-00486-CJN Document 9 Filed 08/25/23 Page 2 of 3
explain in any way that FOIA requests have been split; (4) do not provide the date that the
request was received; and (5) often contain opaque descriptions of the request—or specification
3. This pattern or practice creates significant, unnecessary, and unlawful delays that
frustrate the purpose of the FOIA and unlawfully shift the administrative burden from the
4. This pattern or practice of improper splitting creates a structural legal issue that
5. The Parties have met and conferred. Defendant opposes this Motion.
courts may consider “undue delay, bad faith or dilatory motive on the part of the movant,
repeated failures to cure deficiencies by amendments previously allowed, undue prejudice to the
opposing party by virtue of allowance of the amendment, futility of amendment, etc.” Forman v.
7. Plaintiffs have not unduly delayed in bringing this action, move to amend in good
faith, have not previously amended a complaint to bring this pattern or practice claim, and the
In light of the foregoing and pursuant to Fed.R.Civ.P. 15(a)(2) and the Court’s inherent
DANIEL D. MAULER
(No. 977757)
The Heritage Foundation
Telephone: (202) 617-6975
Email: Dan.Mauler@heritage.org
ROMAN JANKOWSKI
(No. 975348)
The Heritage Foundation
Telephone: (202) 489-2969
Email: Roman.Jankowski@heritage.org