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Case TitlePOULSEN v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00498
Date Filed2013-04-12
Date Closed2016-03-21
JudgeJudge Colleen Kollar-Kotelly
PlaintiffKEVIN POULSEN
PlaintiffMASSACHUSETTS INSTITUTE OF TECHNOLOGY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantMASSACHUSETTS INSTITUTE OF TECHNOLOGY
DefendantITHAKA HARBORS, INC.
doing business as JSTOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [68]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has awarded journalist Kevin Poulsen $22,588 in attorney's fees for his litigation against the Secret Service for records concerning Internet activist Aaron Swartz. Kollar-Kotelly addressed the agency's claim that Poulsen had failed to exhaust his administrative remedies by filing his appeal too late. Finding the agency at fault instead, Kollar-Kotelly observed that "the fact that the agency seems to have misplaced Plaintiff's appeal for almost a month does not mean that Plaintiff has failed to exhaust his administrative remedies. Nor is it material that the agency responded to Plaintiff's appeal within 20 working after locating the appeal when that response was issued almost two months after the appeal was initially received by the agency. The consequences of the agency's mistakes fall on the government, not on Plaintiff." She indicated that "because the agency had not withdrawn reliance on exemption 7(A) (interference with ongoing investigation or proceeding) prior to Plaintiff's filing the complaint, the agency may not argue that Plaintiff would have achieved the same result absent this litigation; there is no telling what would have happened had the agency timely responded to Plaintiff's administrative appeal, abandoned reliance on exemption 7(A) immediately, and started producing records at that time. But the agency did not do so in this case, and the Court need not consider that possibility any further." Kollar-Kotelly pointed out that "Plaintiff substantially prevailed in this litigation because Plaintiff obtained relief through multiple enforceable orders of this Court. Alternatively, the Court would also conclude that, insofar as Plaintiff received relief in part because of voluntary changes in the agency's position, Plaintiff substantially prevailed because Plaintiff's claim is not insubstantial." She found disclosure of the records was in the public interest, noting that "Plaintiff received extensive material as a result of this litigation regarding his FOIA request" and "published articles based on the materials that he received through this FOIA litigation and posted significant materials directly online for public consumption." Kollar-Kotelly concluded the agency's reliance on Exemption 7(A) was unreasonable. She pointed out that "the agency never even indicates when the investigation began or ended, even in its briefing, such that the Court could conclude that the reliance on exemption 7(A) was proper at the time the request was denied." She added that "there is no need to belabor what the results might have been if the agency had responded to Plaintiff's administrative appeal in a timely fashion. The agency never withdrew its reliance on exemption 7(A) before Plaintiff timely filed suit. In sum, the agency has not shown that its denial of Plaintiff's request was reasonable." Turning to the reasonableness of Poulsen's fee request, Kollar-Kotelly reduced his request for $37,724 to $25,000 because she agreed with the agency that the traditional Laffey matrix was applicable in this case after finding that most of the tasks involved were not particularly complex. She also deducted $2,491 for a supplemental motion, concluding the work was not necessary.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding, Litigation - Attorney's fees - Entitlement - Calculation of award
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-04-121COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350 receipt number 0090-3281756) filed by KEVIN POULSEN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DHS, # 3 Summons US Att'y, # 4 Summons AG)(Sobel, David) (Entered: 04/12/2013)
2013-04-12Case Assigned to Judge Colleen Kollar-Kotelly. (ls, ) (Entered: 04/12/2013)
2013-04-122ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on April 12, 2013. (SM) (Entered: 04/12/2013)
2013-04-123ELECTRONIC SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/12/2013)
2013-05-024NOTICE of Appearance by Peter Rolf Maier on behalf of All Defendants (Maier, Peter) (Entered: 05/02/2013)
2013-06-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 4/23/2013 (Sobel, David) (Entered: 06/05/2013)
2013-06-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/23/2013. (Sobel, David) (Entered: 06/05/2013)
2013-06-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/23/2013. Answer due for ALL FEDERAL DEFENDANTS by 5/23/2013. (Sobel, David) (Entered: 06/05/2013)
2013-06-208MOTION for Extension of Time to File Answer by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Maier, Peter) (Entered: 06/20/2013)
2013-06-20MINUTE ORDER granting 8 Defendant's Motion to File Answer or Other Initial Response Out of Time. Defendant shall file its Answer or other Initial Response to the Complaint not later than August 5, 2013. NO FURTHER EXTENSIONS. Set/Reset Deadline: Defendant's Answer due by 8/5/2013. Signed by Judge Colleen Kollar-Kotelly on June 20, 2013. (SM) (Entered: 06/20/2013)
2013-06-209Amended MOTION for Extension of Time to File Answer re Order on Motion for Extension of Time to Answer, Set/Reset Deadlines,, by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Maier, Peter) (Entered: 06/20/2013)
2013-06-20MINUTE ORDER granting 9 Defendant's Corrected Motion to File Answer or Other Initial Response Out of Time. As in the previous Minute Order, Defendant shall file its Answer or other Initial Response to the Complaint not later than August 5, 2013. NO FURTHER EXTENSIONS. Signed by Judge Colleen Kollar-Kotelly on June 20, 2013. (SM) (Entered: 06/20/2013)
2013-07-0310STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 07/03/2013)
2013-07-05MINUTE ORDER (paperless). The Court is in receipt of Defendant's 10 Status Report. By no later than AUGUST 5, 2013, Defendant shall file an Answer or other responsive pleading. Further, on or before that same date, AUGUST 5, 2013, Defendant shall file a proposed schedule for further proceedings, including dates for: the completion of the release of all responsive documents; the production to Plaintiff of a Vaughn Index (if said Vaughn Index has not already been produced and/or filed); and a briefing schedule that reflects discussions with Plaintiff's counsel. Further, the Court understands that Defendant has already gathered various records responsive to Plaintiff's request and is continuing to search for others. To the extent Defendant has not already done so, Defendant shall promptly release to Plaintiff all responsive documents that it has gathered thus far and shall continue to produce additional responsive documents that it locates on a rolling basis. Signed by Judge Colleen Kollar-Kotelly on July 5, 2013. (lcckk1) (Entered: 07/05/2013)
2013-07-05Set/Reset Deadlines: Answer due by 8/5/2013. Proposed schedule for further proceedings, including dates in this case due by 8/5/2013. (dot ) (Entered: 07/16/2013)
2013-07-18MINUTE ORDER (paperless). Based upon an off-the-record conference call with the parties' counsel and counsel for non-party Massachusetts Institute of Technology ("MIT"), the Court understands that MIT intends to file a motion to intervene later today, which will include a request for relief relating to the Government's production of certain documents to Plaintiff. In view of the impending motion, the Court hereby STAYS the obligation of the Government to promptly release to Plaintiff all responsive documents that it has located on a rolling basis, see Min. Order (July 5, 2013), until further order of the Court. Once the Court has had the opportunity to review MIT's motion to intervene, and has considered the positions of the Plaintiff and the Government as to the motion, it shall order a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on July 18, 2013. (lcckk1) (Entered: 07/18/2013)
2013-07-1811WITHDRAWN PURSUANT TO NOTICE FILED 1/10/2014..... MOTION to Intervene and Establish a Process for Review and Release of Documents by MASSACHUSETTS INSTITUTE OF TECHNOLOGY (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order, # 5 ANSWER, # 6 RULE 7.1 CERTIFICATION, # 7 Certificate of Service)(Carome, Patrick). Added MOTION to Establish Process on 7/19/2013 (znmw, ). Modified on 1/13/2014 (znmw, ). (Entered: 07/18/2013)
2013-07-1812Consent MOTION to Expedite Hearing by MASSACHUSETTS INSTITUTE OF TECHNOLOGY (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Carome, Patrick) (Entered: 07/18/2013)
2013-07-1813NOTICE of Appearance by Patrick Joseph Carome on behalf of MASSACHUSETTS INSTITUTE OF TECHNOLOGY (Carome, Patrick) (Main Document 13 replaced on 7/19/2013) (znmw, ). (Entered: 07/18/2013)
2013-07-1814NOTICE of Appearance by Laura M. Hussain on behalf of MASSACHUSETTS INSTITUTE OF TECHNOLOGY (Hussain, Laura) (Main Document 14 replaced on 7/19/2013) (znmw, ). (Entered: 07/18/2013)
2013-07-1915ORDER. The Court shall hold an on-the-record telephone conference with both parties and MIT on Tuesday, July 23, 2013, at 2 p.m. Further, by no later than Monday, July 22, 2013, at 12 noon, Plaintiff and Defendant shall each file on the docket a notice, which shall, in summary form, address the issues identified in this Order. The parties shall promptly contact Chambers to arrange the logistics for the upcoming on-the-record conference call. See Order for additional details. Signed by Judge Colleen Kollar-Kotelly on July 19, 2013. (lcckk1) (Entered: 07/19/2013)
2013-07-1916WITHDRAWN PURSUANT TO NOTICE FILED 1/10/2014..... MOTION to Intervene by ITHAKA HARBORS, INC. d/b/a JSTOR (Attachments: # 1 Exhibit 1 to Motion to Intervene, # 2 Exhibit 2 to Motion to Intervene, # 3 Memorandum of Points and Authorities in Support of JSTOR's Motion to Intervene and in Support of Order for Redactions, # 4 Declaration of Kevin Guthrie, # 5 Exhibit 1 to Declaration of Kevin Guthrie, # 6 Exhibit 2 to Declaration of Kevin Guthrie, # 7 Exhibit 3 to Declaration of Kevin Guthrie, # 8 Proposed Order, # 9 Exhibit 1 to Proposed Order, # 10 Exhibit 2 to Proposed Order)(Beeken, Timothy) Modified on 1/13/2014 (znmw, ). (Entered: 07/19/2013)
2013-07-19NOTICE of Hearing: Telephone Conference on the record set for 7/23/2013 02:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot ) (Entered: 07/22/2013)
2013-07-2017ORDER. JSTOR shall participate in the on-the-record telephone conference with the parties and MIT scheduled for Tuesday, July 23, 2013, at 2 p.m. JSTOR shall contact counsel for MIT to access the dial-in information necessary to participate in the telephone conference. Further, by no later than Monday, July 22, 2013, at 1 p.m., Plaintiff and Defendant shall each file on the docket a notice, which shall, in summary form, address the issues identified in this Order. See Order for additional details. Signed by Judge Colleen Kollar-Kotelly on July 20, 2013. (lcckk1) (Entered: 07/20/2013)
2013-07-2218NOTICE in Response to Orders Dated July 19 & 20 by KEVIN POULSEN (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 07/22/2013)
2013-07-2219NOTICE Of Defendant's Position by DEPARTMENT OF HOMELAND SECURITY re 17 Order,, 15 Order,, (Maier, Peter) (Entered: 07/22/2013)
2013-07-22Set/Reset Hearings: Telephone Conference set for 7/23/2013 02:00 PM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (zmm, ) (Entered: 07/22/2013)
2013-07-2220NOTICE of Appearance by Bruce E. Yannett on behalf of ITHAKA HARBORS, INC. (Yannett, Bruce) (Entered: 07/22/2013)
2013-07-2221Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy Feigelson, :Firm- Debevoise & Plimpton LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - (212) 909-6000. Fax No. - (212) 909-6836 by ITHAKA HARBORS, INC. (Attachments: # 1 Declaration of Jeremy Feigelson in Support of Unopposed Motion for Admission Pro Hac Vice, # 2 Proposed Order)(Beeken, Timothy) (Entered: 07/22/2013)
2013-07-2222Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared I. Kagan, :Firm- Debevoise & Plimpton LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - (212) 909-6000. Fax No. - (212) 909-6836 by ITHAKA HARBORS, INC. (Attachments: # 1 Declaration of Jared I. Kagan in Support of Unopposed Motion for Admission Pro Hac Vice, # 2 Proposed Order)(Beeken, Timothy) (Entered: 07/22/2013)
2013-07-22MINUTE ORDER granting 21 Unopposed Motion for Admission Pro Hac Vice as to Jeremy Feigelson, CONTINGENT upon Attorney Feigelson certifying to the Court that he is familiar with the Local Rules of this Court; and granting 22 Unopposed Motion for Admission Pro Hac Vice as to Jared L. Kagan, CONTINGENT upon Attorney Kagan certifying to the Court that he is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on July 22, 2013. (SM) (Entered: 07/22/2013)
2013-07-2323SUPPLEMENTAL MEMORANDUM to re 21 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeremy Feigelson, :Firm- Debevoise & Plimpton LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - (212) 909-6000. Fax No. - (212) 909-6836 , Order on Motion for Leave to Appear Pro Hac Vice,,, SUPPLEMENTAL DECLARATION of Jeremy Feigelson in support of his unopposed motion for Pro Hac Vice Admission filed by ITHAKA HARBORS, INC.. (Beeken, Timothy) (Entered: 07/23/2013)
2013-07-2324SUPPLEMENTAL MEMORANDUM to re Order on Motion for Leave to Appear Pro Hac Vice,,, 22 Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared I. Kagan, :Firm- Debevoise & Plimpton LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - (212) 909-6000. Fax No. - (212) 909-6836 SUPPLEMENTAL DECLARATION of Jared I. Kagan in support of his motion for pro hac vice admission filed by ITHAKA HARBORS, INC.. (Beeken, Timothy) (Entered: 07/23/2013)
2013-07-23Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 7/23/2013. (Court Reporter Lisa Foradori.) (dot ) (Entered: 07/24/2013)
2013-07-24MINUTE ORDER (paperless). The Court held an on-the-record conference call with the parties' counsel and counsel for non-party movants MIT and JSTOR, during which the Court ordered further briefing on MIT and JSTOR's motions to intervene. Accordingly, by no later than JULY 30, 2013, MIT and JSTOR shall each file a supplement to their motions to intervene. The Court expects that said supplements will be narrowly targeted to addressing arguments raised in Plaintiff's 18 Notice, including the viability of alternatives to intervention. MIT and JSTOR need not reargue arguments asserted in their opening brief. Nor should they discuss their proposals for a process for review and redaction of documents, as any such discussion would be premature prior to the Court's making the threshold determination as to MIT and JSTOR's ability to intervene. By no later than AUGUST 9, 2013, Plaintiff must file his oppositions to MIT and JSTOR's supplemental memoranda. By no later than AUGUST 16, 2013, Defendant shall file a notice of its position regarding the viability of the various alternatives to intervention discussed in the parties' briefs. By no later than AUGUST 23, 2013, MIT and JSTOR must file replies in further support of their motions to intervene. Further, by no later than AUGUST 5, 2013, Defendant shall file a status report indicating the following: (1) an estimated time frame for the completion of the collection and processing (including reviewing the documents for the applicability of FOIA exemptions) of what is estimated to be 8,000 remaining pages of responsive documents; (2) an estimated time frame for the review of the 131 previously processed documents for the purpose of determining whether there are any documents contained therein that do not implicate any of MIT and/or JSTOR's asserted interests such that they would be available for immediate release. Finally, the parties are reminded that, pursuant to this Court's 2 standing order, the parties shall deliver one courtesy copy of any submission that is over twenty-five pages in length or that includes more than one exhibit to the Court Security Officer at the loading dock located at Third and C Streets. Courtesy copies shall be appropriately bound and tabbed for ease of reference. Signed by Judge Colleen Kollar-Kotelly on July 24, 2013. (lcckk1) (Entered: 07/24/2013)
2013-07-3025SUPPLEMENTAL MEMORANDUM to re 16 MOTION to Intervene filed by ITHAKA HARBORS, INC.. (Attachments: # 1 Declaration /Supplemental Declaration of Kevin Guthrie)(Yannett, Bruce) (Entered: 07/30/2013)
2013-07-3026SUPPLEMENTAL MEMORANDUM to re 11 MOTION to Intervene and Establish a Process for Review and Release of Documents filed by MASSACHUSETTS INSTITUTE OF TECHNOLOGY. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hussain, Laura) (Entered: 07/30/2013)
2013-08-0527ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Maier, Peter) (Entered: 08/05/2013)
2013-08-0528STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 08/05/2013)
2013-08-07MINUTE ORDER (paperless). Upon consideration of Defendant's 28 Report on the Status of its Review and Processing of Potentially Responsive Records, the Court hereby orders Defendant to file a status report with the Court every forty-five (45) days regarding the progress of its collection and processing of documents potentially responsive to Plaintiff's FOIA request (including reviewing the documents for the applicability of FOIA exemptions). Accordingly, Defendant shall file its next status report on SEPTEMBER 23, 2013. Further, Defendant represents that it has completed its review of the 131 previously processed documents and has determined that 104 of those documents do not reference or concern MIT, JSTOR, or their employees. Accordingly, to the extent Defendant has determined that those 104 documents are not covered by any FOIA exemptions, Defendant shall promptly release those documents to Plaintiff. Further, Defendant shall continue to review all processed documents for the purpose of determining whether there are any additional documents that do not implicate any of MIT and/or JSTOR's asserted interests and shall produce those documents to Plaintiff on a rolling basis. With respect to those documents that do reference or concern MIT, JSTOR, or their employees, the Court does not intend to preclude Defendant from following its ordinary procedures regarding the review of material received by third parties, including, if Defendant deems appropriate, contacting those third parties pursuant to the procedures outlined in 6 C.F.R. § 5.8. However, the Court is not, at this time, ordering release of those MIT and/or JSTOR related documents. Signed by Judge Colleen Kollar-Kotelly on August 7, 2013. (lcckk1) (Entered: 08/07/2013)
2013-08-07Set/Reset Deadlines: Defendant's Status Report due by 9/23/2013. (dot) (Entered: 08/07/2013)
2013-08-0729Consent MOTION to Stay Supplemental Briefing Schedule on Motions to Intervene by ITHAKA HARBORS, INC., MASSACHUSETTS INSTITUTE OF TECHNOLOGY (Attachments: # 1 Text of Proposed Order)(Hussain, Laura) (Entered: 08/07/2013)
2013-08-0830ORDER granting 29 Consent Motion for a Stay of the Supplemental Briefing Schedule on Motions to Intervene. Signed by Judge Colleen Kollar-Kotelly on August 8, 2013. (SM) (Entered: 08/08/2013)
2013-08-2831MOTION for Order Establishing a Document Processing Schedule by KEVIN POULSEN (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 08/28/2013)
2013-08-29MINUTE ORDER (paperless). Plaintiff's 31 Motion for an Order Establishing a Document Processing Schedule is DENIED WITHOUT PREJUDICE. On SEPTEMBER 23, 2013, Defendant shall file its next status report regarding the progress of its collection and processing of documents potentially responsive to Plaintiff's FOIA request (including reviewing the documents for the applicability of FOIA exemptions). Should Plaintiff seek to re-file his motion after this date, the Court will take it under consideration in light of Defendant's status report. At this point, the Court notes that in creating a proposed document processing schedule, Plaintiff's counsel appears to have simply divided the total number of potentially responsive pages of material by Defendant's estimate of processing time. Although the Court plans to hold Defendant to its estimated processing time, given that fewer documents may be produced in some months rather than others due to the comparative complexity of review among documents, the Court is unwilling to require Defendant to produce a set number of documents each month as requested by Plaintiff. Signed by Judge Colleen Kollar-Kotelly on August 29, 2013. (lcckk1) (Entered: 08/29/2013)
2013-09-2332STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 09/23/2013)
2013-10-2333STIPULATION for Redaction and Release of Documents by MASSACHUSETTS INSTITUTE OF TECHNOLOGY. (Hussain, Laura) (Entered: 10/23/2013)
2013-10-2434JOINT STIPULATION AND ORDER FOR REDACTION AND RELEASE OF DOCUMENTS. Signed by Judge Colleen Kollar-Kotelly on 10/24/13. (dot ) (Entered: 10/28/2013)
2013-11-0835STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 11/08/2013)
2014-01-0236STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 01/02/2014)
2014-01-07MINUTE ORDER (paperless). On August 8, 2013, at the request of the parties, this Court stayed briefing on MIT's 11 Motion to Intervene and JSTOR's 16 Motion to Intervene. See Order (Aug. 8, 2013), ECF No. 30 . The parties indicated that they had entered into discussions to determine whether all parties would be able to stipulate to a process that would satisfy MIT and JSTOR's interests in protecting the safety of their employees and the security of their computer networks without subjecting Plaintiff's request for documents under FOIA to further delay. See Consent Motion to Stay Supplemental Briefing Schedule on Motions to Intervene, ECF No. 29 at 2. The parties subsequently filed and the Court approved a 34 Joint Stipulation for Redaction and Release of Documents setting out a process by which MIT and JSTOR could propose redactions to documents prior to their release to Plaintiff. This stipulation states that briefing on MIT and JSTOR's pending motions to intervene shall remain stayed, but also states that MIT and/or JSTOR can renew their motions to intervene in the event of disputes as to redactions. The Court notes that due to the stay imposed by the stipulation, MIT and JSTOR's motions to intervene have been pending for nearly six months. Given that the facts surrounding MIT and JSTOR's motions to intervene have changed substantially in light of the 34 Joint Stipulation, the Court requests that by no later than JANUARY 10, 2014, MIT and JSTOR either (a) file a STATUS REPORT explaining why these motions cannot be withdrawn without prejudice as to any subsequent re-filing, or (b) withdraw their pending motions to intervene without prejudice as to any subsequent re-filing. Signed by Judge Colleen Kollar-Kotelly on January 7, 2014. (lcckk1) (Entered: 01/07/2014)
2014-01-07Set/Reset Deadlines: Joint Status Report due by 1/10/2014. (dot ) (Entered: 01/08/2014)
2014-01-1037WITHDRAWAL of Motion by ITHAKA HARBORS, INC. re 16 MOTION to Intervene filed by ITHAKA HARBORS, INC. / Notice of Withdrawal Without Prejudice of JSTOR's Motion to Intervene . (Feigelson, Jeremy) (Entered: 01/10/2014)
2014-01-1038NOTICE OF WITHDRAWAL OF MOTION by MASSACHUSETTS INSTITUTE OF TECHNOLOGY re 11 MOTION to Intervene and Establish a Process for Review and Release of Documents (Hussain, Laura) (Entered: 01/10/2014)
2014-02-1839STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 02/18/2014)
2014-04-0440STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 04/04/2014)
2014-05-1941STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 05/19/2014)
2014-07-0342STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 07/03/2014)
2014-08-0443TRANSCRIPT OF PROCEEDINGS before Judge Colleen Kollar-Kotelly held on 7-23-13; Page Numbers: 1-35. Date of Issuance:8-4-14. Court Reporter/Transcriber Lisa M. Foradori, Telephone number 202-354-3269, Court Reporter Email Address : L4dori@hotmail.com.<P></P>For 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.<P> 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 ww.dcd.uscourts.gov.<P></P> Redaction Request due 8/25/2014. Redacted Transcript Deadline set for 9/4/2014. Release of Transcript Restriction set for 11/2/2014.(Foradori, Lisa) (Entered: 08/04/2014)
2014-08-1844STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 08/18/2014)
2014-09-0945NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 09/09/2014)
2014-10-0246STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 10/02/2014)
2014-11-1747STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 11/17/2014)
2014-11-20MINUTE ORDER (paperless). The Court has received and considered Defendant's 47 Status Report. Defendant reports that "it has now processed all documents responsive to Plaintiff's FOIA request and that the documents referenced [above] are the final documents to be released to Plaintiff in this case." In light of that report, the parties shall file a Joint Status Report informing the Court how they wish to proceed in this action no later than DECEMBER 5, 2014. Signed by Judge Colleen Kollar-Kotelly on 11/20/2014. (lcckk2) (Entered: 11/20/2014)
2014-11-20Set/Reset Deadlines: Joint Status Report due by 12/5/2014. (dot ) (Entered: 11/21/2014)
2014-12-0548STATUS REPORT (JOINT) by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 12/05/2014)
2014-12-08MINUTE ORDER (paperless). The Court has received and considered the parties' 48 Joint Status Report. The parties report that they require additional time to discuss the best process for narrowing the issues and briefing the remaining issues for disposition by the Court, as well as to have additional conversations with counsel for the potential intervenors. As the parties have requested, the parties shall file a Joint Status Report informing the Court how they wish to proceed in this action no later than JANUARY 20, 2015. Signed by Judge Colleen Kollar-Kotelly on 12/8/2014. (lcckk2) (Entered: 12/08/2014)
2014-12-09Set/Reset Deadlines: Joint Status Report due by 1/20/2015 (tcr) (Entered: 12/09/2014)
2015-01-2049STATUS REPORT Joint by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 01/20/2015)
2015-01-21MINUTE ORDER (paperless). At the Court's request, the parties have filed a 49 Joint Status Report with respect to how they wish to proceed in this action. Discussions between the parties and the would-be interveners remain ongoing, particularly regarding matters to be resolved prior to the filing of a Vaughn index and cross-motions for summary judgment. As the parties have requested, they shall file a Joint Status Report no later than MARCH 9, 2015, informing the Court of their progress with respect to the matters discussed in the most recent 49 Joint Status Report and, if appropriate, present a schedule for the briefing of cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 1/21/2015. (lcckk2) (Entered: 01/21/2015)
2015-01-21Set/Reset Deadlines: Joint Status Report due by 3/9/2015. (dot ) (Entered: 01/22/2015)
2015-03-0950STATUS REPORT JOINT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 03/09/2015)
2015-03-12MINUTE ORDER (paperless). At the Court's request, the parties have filed a 50 Joint Status Report with respect to how they wish to proceed in this action. Discussions between the parties and the would-be interveners remain ongoing, particularly regarding matters to be resolved prior to the filing of a Vaughn index and cross-motions for summary judgment. As the parties have requested, they shall file a Joint Status Report no later than APRIL 9, 2015, informing the Court of their progress with respect to the matters discussed in the most recent 50 Joint Status Report and, if appropriate, present a schedule for the briefing of cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 3/12/2015. (lcckk2 ) (Entered: 03/12/2015)
2015-03-12Set/Reset Deadlines: Joint Status Report due by 4/9/2015. (dot ) (Entered: 03/13/2015)
2015-04-0951STATUS REPORT (Joint) by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 04/09/2015)
2015-04-13MINUTE ORDER (paperless). At the Court's request, the parties have filed a 51 Joint Status Report with respect to how they wish to proceed in this action. The parties report that they continue to engage in productive discussions regarding matters to be resolved prior to the filing of a Vaughn index and cross-motions for summary judgment. As the parties have requested, they shall file a Joint Status Report no later than MAY 9, 2015, informing the Court of their progress with respect to the matters discussed in the most recent 51 Joint Status Report and, if appropriate, present a schedule for the briefing of cross-motions for summary judgment. Signed by Judge Colleen Kollar-Kotelly on 4/13/2015. (lcckk2, ) (Entered: 04/13/2015)
2015-04-13Set/Reset Deadlines: Joint Status Report due by 5/9/2015. (dot ) (Entered: 04/13/2015)
2015-05-0752STATUS REPORT (Joint) by KEVIN POULSEN. (Sobel, David) (Entered: 05/07/2015)
2015-05-12MINUTE ORDER (paperless). At the Court's request, the parties have filed a 52 Joint Status Report with respect to how they wish to proceed in this action. The parties report that the only issue that remains to be resolved is Plaintiff's claim that he is entitled to an award of attorney's fees and costs. The parties intend to discuss this matter further to determine whether this issue can be resolved, as well. The parties shall file a Joint Status Report by no later than JUNE 9, 2015, informing the Court of their progress in resolving the issues discussed in their current 52 Joint Status Report. If appropriate, the parties shall include in their status report a proposed schedule for disposition of Plaintiff's claim for an award of attorney's fees and costs. If the parties resolve all of the issues in this case, they shall promptly file a notice of settlement and voluntary dismissal on the docket. Signed by Judge Colleen Kollar-Kotelly on 5/12/2015. (lcckk2) (Entered: 05/12/2015)
2015-05-12Set/Reset Deadlines: Joint Status Report due by 6/9/2015. (dot ) (Entered: 05/13/2015)
2015-06-0953STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 06/09/2015)
2015-06-0954STATUS REPORT (Plaintiff's) by KEVIN POULSEN. (Sobel, David) (Entered: 06/09/2015)
2015-06-10MINUTE ORDER (paperless). By previous Minute Order, the Court required the parties to file a Joint Status Report by no later than June 9, 2015, regarding the status of the parties' negotiations regarding the only remaining issue in this case, attorney's fees and costs. Instead, the parties filed dueling status reports. Both parties report that they have not yet resolved the issue of attorney's fees and costs. The Court first turns to the parties' reports regarding their inability to confer. The Court notes that reaching out to opposing counsel at 4:20 P.M. on the day that the Joint Status Report is due is not an effective way to complete the required joint report, particularly given the content of the email that Plaintiff's counsel reports having sent on June 3, 2015. Dueling status reports provide little assistance in resolving the remaining issues in this case. Accordingly, first, the Court strongly urges counsel for Defendant to respond forthwith to Plaintiff's formal request for attorney's fees and costs. Second, the parties shall file a Joint Status Report by no later than JUNE 30, 2015, informing the Court of the status of the parties' negotiations. In that Joint Status Report, the parties should also indicate whether they are interested in the Court referring this case to mediation before a magistrate judge. If the parties have not resolved the remaining issues at that point and do not request a referral to a magistrate judge for mediation, the Court will expect a motion from Plaintiff for an award of attorney's fees and costs.Signed by Judge Colleen Kollar-Kotelly on 6/10/2015. (lcckk2) (Entered: 06/10/2015)
2015-06-10Set/Reset Deadlines: Joint Status Report due by 6/30/2015. (dot) (Entered: 06/11/2015)
2015-06-3055STATUS REPORT JOINT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 06/30/2015)
2015-07-0156SCHEDULING AND PROCEDURES ORDER regarding motion for attorney's fees. Signed by Judge Colleen Kollar-Kotelly on 7/1/2015. (lcckk2) (Entered: 07/01/2015)
2015-07-01Set/Reset Deadlines: Plaintiff's Motion for Attorney's Fees and Costs due by 7/24/2015. Response due by 8/24/2015. Reply due by 9/8/2015. (dot) (Entered: 07/01/2015)
2015-07-2457MOTION for Attorney Fees and Costs by KEVIN POULSEN (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Text of Proposed Order)(Sobel, David) (Entered: 07/24/2015)
2015-07-27MINUTE ORDER (paperless). Pursuant to this Court's Minute Order dated June 10, 2015, Plaintiffs have filed their 57 Motion for an Award of Attorneys' Fees and Costs. Plaintiffs appear to rely in substantial part on Eley v. District of Columbia , 999 F. Supp. 2d 137 (D.D.C. 2013). However, Plaintiffs never mention, let alone discuss, the import of the Court Appeals' recent decision in the appeal of that case, vacating the award of attorneys' fees and remanding to the district court. See Eley v. District of Columbia , No. 13-7196, 2015 WL 4153874, at *1 (D.C. Cir. July 10, 2015). To facilitate efficient briefing and resolution of the issue before the Court, the Court concludes that it is necessary for Plaintiffs file a supplement discussing the import of that case with respect to their request prior to the filing of a response from Defendants. Accordingly, Plaintiffs shall file such a supplement by no later than AUGUST 4, 2015. If the parties determine that it is necessary to extend the remainder of the briefing schedule, they shall file a Joint Status Report by that same date (August 4) proposing an extended schedule. Signed by Judge Colleen Kollar-Kotelly on 7/27/2015. (lcckk2) (Entered: 07/27/2015)
2015-07-27Set/Reset Deadlines: Supplement or Joint Status Report due by 8/4/2015. (dot) (Entered: 07/29/2015)
2015-08-0358STATUS REPORT JOINT by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 08/03/2015)
2015-08-0459SUPPLEMENTAL MEMORANDUM re 57 MOTION for Attorney Fees and Costs filed by KEVIN POULSEN by KEVIN POULSEN. (Attachments: # 1 Declaration of David K. Colapinto)(Sobel, David) Modified event title on 8/5/2015 (znmw). (Entered: 08/04/2015)
2015-08-05MINUTE ORDER (paperless). Pursuant to the Court's Minute Order dated July 27, 2015, Plaintiff has filed a 59 Supplemental Memorandum in Support of an Award of Attorney's Fees and Costs and, in a 58 Joint Status Report, the parties request to extend the remainder of the previously-set briefing schedule with respect to Plaintiff's Motion for Attorney's Fees and Costs. Accordingly, Defendant shall file a response by no later than SEPTEMBER 8, 2015, and Plaintiff shall file a reply by no later than SEPTEMBER 23, 2015. Signed by Judge Colleen Kollar-Kotelly on 8/5/15. (lcckk2) (Entered: 08/05/2015)
2015-08-05Set/Reset Deadlines: Defendant's Response regarding Motion for Attorney's Fees and Costs due by 9/8/2015. Plaintiff's Reply due by 9/23/2015. (dot) (Entered: 08/06/2015)
2015-09-0460Consent MOTION for Extension of Time to File Response/Reply as to 57 MOTION for Attorney Fees and Costs by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) (Entered: 09/04/2015)
2015-09-08MINUTE ORDER (paperless). Defendant's 60 Consent Motion for Extension of Time in Which to File Response Motion for Attorney's Fees is GRANTED. With Plaintiff's consent, Defendant seeks a 21-day extension for the filing of its response. Defendant shall file its Response to Plaintiff's Motion for Attorney's Fees by no later than SEPTEMBER 29, 2015, and Plaintiff shall file a reply by no later than OCTOBER 16, 2015. While the Court grants this request for an extension of time for good cause, the parties are reminded that motions for extension of time are required to be filed no later than four business days before the first affected deadline. See Scheduling and Procedures Order, ECF No. 56 . In addition, when a party requests an extension of time with consent, the Court encourages the parties to propose changes, if any, to all subsequent related deadlines as well. Signed by Judge Colleen Kollar-Kotelly on 9/8/2015. (lcckk2) (Entered: 09/08/2015)
2015-09-08Set/Reset Deadlines: Defendant's Response to Motion for Attorney's Fees due by 9/29/2015. Reply due by 10/16/2015. (dot) (Entered: 09/09/2015)
2015-09-2861MOTION for Extension of Time to File Response To Motion for Attorney's Fees , by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Maier, Peter) Modified on 9/29/2015 (znmw). (Entered: 09/28/2015)
2015-09-30MINUTE ORDER (paperless). Defendant's 61 Motion for Two-Day Extension of Time in Which to File Response to Motion for Attorney's Fees is GRANTED, nunc pro tunc . Plaintiff seeks a two-day extension of the time to file its response to Plaintiff's Motion, which was due yesterday, September 29, 2015. The Court notes that, although Plaintiff does not consent to this request for an extension, Plaintiff does not intend to file an opposition to it. Defendant shall file its response to Plaintiff's Motion for Attorney's Fees by no later than OCTOBER 1, 2015; Plaintiff shall file his reply no later than OCTOBER 20, 2015. Signed by Judge Colleen Kollar-Kotelly on 9/30/2015. (lcckk2) (Entered: 09/30/2015)
2015-09-30Set/Reset Deadlines: Defendant's Response to Motion for Attorney's Fees due by 10/1/2015. Reply due by 10/20/2015. (dot) (Entered: 09/30/2015)
2015-10-0162RESPONSE re 57 MOTION for Attorney Fees and Costs filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit)(Maier, Peter) (Entered: 10/01/2015)
2015-10-2063REPLY to opposition to motion re 57 MOTION for Attorney Fees and Costs filed by KEVIN POULSEN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Declaration David L. Sobel - Supplemental)(Sobel, David) (Entered: 10/20/2015)
2015-12-1864NOTICE OF SUPPLEMENTAL AUTHORITY by KEVIN POULSEN (Sobel, David) (Entered: 12/18/2015)
2015-12-2165RESPONSE re 64 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF HOMELAND SECURITY. (Maier, Peter) (Entered: 12/21/2015)
2016-02-1066NOTICE OF SUPPLEMENTAL AUTHORITY by KEVIN POULSEN (Sobel, David) (Entered: 02/10/2016)
2016-03-2167ORDER and JUDGMENT granting in part and denying in part Plaintiff's 57 Motion for an Award of Attorney's Fees and Costs and awarding fees in the amount of $22,588.50 and costs in the amount of $350, for a total of $22,938.50. Signed by Judge Colleen Kollar-Kotelly on 3/21/2016. (lcckk2) (Entered: 03/21/2016)
2016-03-2168MEMORANDUM OPINION re: 67 Order and Judgment. Signed by Judge Colleen Kollar-Kotelly on 3/21/2016. (lcckk2) (Entered: 03/21/2016)
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