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Case TitleELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2006cv02154
Date Filed2006-12-19
Date Closed2010-01-21
JudgeJudge Reggie B. Walton
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionThe Electronic Frontier Foundation submitted two FOIA requests to the Department of Homeland Security for records concerning the Automated Targeting System database developed for U.S. Customs and Border Protection. EFF also requested expedited processing. The agency acknowledged receipt of the requests and granted EFF news media fee status. However, after the agency had not responded to EFF's expedited processing request, EFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-12-191COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350 receipt number 4616001021.)filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 12/26/2006)
2006-12-19SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 12/26/2006)
2006-12-192LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (jf, ) (Entered: 12/26/2006)
2007-01-04SUMMONS (3) REISSUED as to DEPARTMENT OF HOMELAND SECURITY, US Attorney and US Attorney General (td, ) (Entered: 01/08/2007)
2007-01-113NOTICE of Appearance by Adam D. Kirschner on behalf of DEPARTMENT OF HOMELAND SECURITY (Kirschner, Adam) (Entered: 01/11/2007)
2007-01-114MOTION to Consolidate Cases by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Text of Proposed Order)(Sobel, David) (Entered: 01/11/2007)
2007-01-255AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY filed by ELECTRONIC FRONTIER FOUNDATION.(nmw, ) (Entered: 01/25/2007)
2007-01-256ENTERED IN ERROR. . . .NOTICE by DEPARTMENT OF HOMELAND SECURITY re 4 MOTION to Consolidate Cases (Attachments: # 1 Opposition to Motion to Consolidate# 2 Exhibit A to Opposition to Motion to Consolidate)(Kirschner, Adam) Modified on 1/26/2007 (td, ). (Entered: 01/25/2007)
2007-01-257Memorandum in opposition to re 4 MOTION to Consolidate Cases filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Opposition to motion to consolidate# 2 Exhibit Exhibit A to opposition to motion to consolidate)(td, ) (Entered: 01/26/2007)
2007-01-25NOTICE OF CORRECTED DOCKET ENTRY: re 6 Notice (Other), Notice (Other) was entered in error and redocketed as document no. 7 .(td, ) (Entered: 01/26/2007)
2007-01-298REPLY to opposition to motion re 4 MOTION to Consolidate Cases filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 01/29/2007)
2007-01-31MINUTE ORDER: Having considered the plaintiff's motion and defendant's opposition and supplemental memorandum, the Court will grant the motion to consolidate for the purpose of deciding plaintiff's request for expedited processing under FOIA. The Court will not consolidate these cases for any other purpose, including the issue of whether various documents shall be disclosed under FOIA. Accordingly, the motion to consolidate 4 is GRANTED IN PART with respect to the issue of expedited processing, and the parties shall submit a proposed briefing schedule to Chambers by February 6, 2007. Signed by Judge Ellen S. Huvelle on 1/31/2007. (KF) (Entered: 01/31/2007)
2007-01-31Set/Reset Deadlines: Proposed Briefing Schedule due by 2/6/2007. (mpt, ) (Entered: 02/01/2007)
2007-02-059NOTICE of Proposed Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF HOMELAND SECURITY (Sobel, David) (Entered: 02/05/2007)
2007-02-05MINUTE ORDER: Plaintiff's motion for partial summary judgment on the issue of expedited processing shall be due on or before February 8, 2007; defendant's opposition and cross-motion shall be due on or before February 22, 2007; plaintiff's reply and opposition to cross-motion shall be due on or before March 1, 2007; and defendant's reply shall be due on or before March 8, 2007. Signed by Judge Ellen S. Huvelle on 2/5/2007. (KF) (Entered: 02/05/2007)
2007-02-05Set/Reset Deadlines: Partial summary Judgment motions due by 2/8/2007. Opposition to Motion and cross motion due by 2/22/2007. Reply and Opposition to Cross Motion due by 3/1/2007; Reply due by 3/8/07 (mpt, ) (Entered: 02/07/2007)
2007-02-0710ANSWER to Amended Complaint by DEPARTMENT OF HOMELAND SECURITY. Related document: 5 Amended Complaint filed by ELECTRONIC FRONTIER FOUNDATION,.(Kirschner, Adam) (Entered: 02/07/2007)
2007-02-0811MOTION for Partial Summary Judgment by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F.1# 7 Exhibit F.2# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Text of Proposed Order)(Sobel, David) (Entered: 02/08/2007)
2007-02-2212MOTION for Partial Summary Judgment by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit Coleman Declaration# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Text of Proposed Order)(Kirschner, Adam) (Entered: 02/22/2007)
2007-02-2213Memorandum in opposition to re 11 MOTION for Partial Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit Coleman Declaration# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Text of Proposed Order)(Kirschner, Adam) (Entered: 02/22/2007)
2007-03-0114Memorandum in opposition to re 12 MOTION for Partial Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Affidavit Declaration of David L. Sobel# 2 Exhibit J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M)(Sobel, David) (Entered: 03/01/2007)
2007-03-0115REPLY to opposition to motion re 11 MOTION for Partial Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Affidavit Declaration of David L. Sobel# 2 Exhibit J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M)(Sobel, David) (Entered: 03/01/2007)
2007-03-0816REPLY to opposition to motion re 12 MOTION for Partial Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 03/08/2007)
2007-05-1017MEMORANDUM OPINION AND ORDER denying 11 plaintiff's Motion for Partial Summary Judgment and granting 13 defendant's Motion for Partial Summary Judgment on the issue of plaintiff's request for expedited processing under FOIA. Signed by Judge Ellen S. Huvelle on April 2, 2007. (lcesh1) (Entered: 05/10/2007)
2007-07-0618STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 07/06/2007)
2007-09-1819NOTICE of Change of Address by Marcia Clare Hofmann (Hofmann, Marcia) (Entered: 09/18/2007)
2007-11-1520STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 11/15/2007)
2008-02-0121STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 02/01/2008)
2008-05-0122STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 05/01/2008)
2008-08-1523STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 08/15/2008)
2008-12-0524STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 12/05/2008)
2009-01-3025MOTION to Stay Proceedings by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Sobel, David) (Entered: 01/30/2009)
2009-02-0626STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 02/06/2009)
2009-02-0627Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Stay Proceedings by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 02/06/2009)
2009-02-10MINUTE ORDER granting 27 Motion for Extension of Time to File Response/Reply. The defendant shall respond to the plaintiff's motion seeking to stay the proceedings by February 20, 2009. The defendant shall also update the Court by April 3, 2009, as to the status of its processing of the plaintiff's request pursuant to the Freedom of Information Act that is the subject of this litigation. Signed by Judge Reggie B. Walton on 02/10/2009. (lcrbw2) (Entered: 02/10/2009)
2009-02-10Set/Reset Deadlines/Hearings: The defendant shall respond to the plaintiff's motion seeking to stay the proceedings by February 20, 2009. The defendant shall also update the Court by April 3, 2009, as to the status of its processing of the plaintiff's request pursuant to the Freedom of Information Act that is the subject of this litigation. (jwd ) (Entered: 02/10/2009)
2009-02-2028Memorandum in opposition to re 25 MOTION to Stay Proceedings filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Kirschner, Adam) (Entered: 02/20/2009)
2009-02-2729REPLY to opposition to motion re 25 MOTION to Stay Proceedings filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sobel, David) (Entered: 02/27/2009)
2009-03-2630NOTICE OF SUPPLEMENTAL AUTHORITY by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sobel, David) (Entered: 03/26/2009)
2009-04-0331STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 04/03/2009)
2009-04-07MINUTE ORDER finding as moot 25 Motion to Stay. Based on the parties' joint representations in the April 3, 2009 status report 31 , the Court finds good cause to find that the plaintiff's motion for a stay 25 is moot. Signed by Judge Reggie B. Walton on 04/07/09. (lcrbw2) (Entered: 04/07/2009)
2009-06-0532STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 06/05/2009)
2009-06-05MINUTE ORDER. The defendant shall update the Court by July 31, 2009, as to the status of its processing of the plaintiff's request pursuant to the Freedom of Information Act, which is at issue in this matter. Signed by Judge Reggie B. Walton on 06/05/09. (lcrbw2) (Entered: 06/05/2009)
2009-06-08Set/Reset Deadlines: Status Update due by 7/31/2009 (mpt, ) (Entered: 06/08/2009)
2009-07-3033STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 07/30/2009)
2009-07-30MINUTE ORDER. The defendant shall update the Court by October 1, 2009, as to the status of its processing of the plaintiff's request pursuant to the Freedom of Information Act, which is at issue in this matter. Signed by Judge Reggie B. Walton on 07/30/09. (lcrbw2) (Entered: 07/30/2009)
2009-07-31Set/Reset Deadlines: Status Report due by 10/1/2009 (mpt, ) (Entered: 07/31/2009)
2009-10-0134STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 10/01/2009)
2009-10-06MINUTE ORDER. Based on the representations in the defendant's October 1, 2009 status report, the defendant shall update the Court by December 1, 2009, as to the status of its processing of the plaintiff's request pursuant to the Freedom of Information Act, which is at issue in this matter. Signed by Judge Reggie B. Walton on 10/06/09. (lcrbw2) (Entered: 10/06/2009)
2009-10-06Set/Reset Deadlines: Status Report due by 12/1/2009 (mpt, ) (Entered: 10/06/2009)
2009-11-1735NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 11/17/2009)
2009-11-3036STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 11/30/2009)
2009-12-10MINUTE ORDER. Based on the representations in the defendant's November 30, 2009 status report, the defendant shall update the Court by February 1, 2010, as to the status of its processing of the plaintiff's request pursuant to the Freedom of Information Act, which is at issue in this matter. Signed by Judge Reggie B. Walton on 12/10/09. (lcrbw2) (Entered: 12/10/2009)
2009-12-10Set/Reset Deadlines: Status Report due by 2/1/2010 (mpt, ) (Entered: 12/10/2009)
2010-01-2037STIPULATION of Dismissal by DEPARTMENT OF HOMELAND SECURITY. (Kirschner, Adam) (Entered: 01/20/2010)
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