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Case TitleRUSSELL v. DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01681
Date Filed2014-10-08
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
PlaintiffGEORGE RUSSELL
Case DescriptionGeorge Russell, who was making a film on computer security, submitted FOIA requests to the Justice Department, Homeland Security, and the National Security Agency for records concerning Andrew Auernheimer, a computer security professional who was prosecuted under the Computer Fraud and Abuse Act. His conviction was overturned by the U.S. Court of Appeals for the Third Circuit. He requested expedited processing and a fee waiver. Although some agency components denied his expedited processing request, Russell had received no substantive response to his requests when he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantDEPARTMENT OF JUSTICE
DefendantNATIONAL SECURITY AGENCY
DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-081COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY ( Filing fee $ 400 receipt number 0090-3865757) filed by GEORGE RUSSELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Light, Jeffrey) (Entered: 10/08/2014)
2014-10-08Case Assigned to Judge Emmet G. Sullivan. (rd) (Entered: 10/08/2014)
2014-10-082SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 10/08/2014)
2014-10-283RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/9/2014. Answer due for ALL FEDERAL DEFENDANTS by 11/8/2014. (Light, Jeffrey) (Entered: 10/28/2014)
2014-10-284RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/9/2014. (Light, Jeffrey) (Entered: 10/28/2014)
2014-10-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL SECURITY AGENCY served on 10/14/2014 (Light, Jeffrey) (Entered: 10/28/2014)
2014-11-04MINUTE ORDER. The Court, sua sponte, hereby ORDERS plaintiff to file an amended complaint providing more definite statements of his claims against each defendant agency by no later than November 12, 2014. Signed by Judge Emmet G. Sullivan on November 4, 2014. (lcegs7) (Entered: 11/04/2014)
2014-11-04Set/Reset Deadlines: Answer due by 11/12/2014. (zmac) (Entered: 11/04/2014)
2014-11-126AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY filed by GEORGE RUSSELL.(Light, Jeffrey) (Entered: 11/12/2014)
2014-12-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 11/19/2014 (Light, Jeffrey) (Entered: 12/03/2014)
2014-12-238Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/23/2014)
2014-12-23MINUTE ORDER granting 8 the government's consent motion for extension of time. The government is directed to answer or otherwise respond to the amended complaint by no later than February 5, 2015. Signed by Judge Emmet G. Sullivan on December 23, 2014. (lcegs4) (Entered: 12/23/2014)
2014-12-24Set/Reset Deadlines: Answer due by 2/5/2015. (mac) (Entered: 12/24/2014)
2015-02-059Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 02/05/2015)
2015-02-06MINUTE ORDER granting 9 the government's consent motion for extension of time. The government is directed to answer or otherwise respond to the amended complaint by no later than March 5, 2015. Signed by Judge Emmet G. Sullivan on February 6, 2014. (lcegs2) (Entered: 02/06/2015)
2015-02-06Set/Reset Deadlines: Answer due by 3/5/2015. (mac) (Entered: 02/06/2015)
2015-03-0610Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/06/2015)
2015-04-02MINUTE ORDER granting 10 the government's consent motion for extension of time. The government is directed to answer or otherwise respond to the amended complaint by no later than April 20, 2015. Signed by Judge Emmet G. Sullivan on April 2, 2015. (lcegs1) (Entered: 04/02/2015)
2015-04-03Set/Reset Deadlines: Answer due by 4/20/2015. (mac) (Entered: 04/03/2015)
2015-04-2011STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 04/20/2015)
2015-05-2012Consent MOTION for Extension of Time to File by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/20/2015)
2015-06-05MINUTE ORDER denying 12 the government's consent motion for extension of time to file as moot and ORDERING the parties to file a status report by no later than June 10, 2015. Signed by Judge Emmet G. Sullivan on June 5, 2015.(lcegs1) (Entered: 06/05/2015)
2015-06-08Set/Reset Deadlines: Status Report due by 6/10/2015 (mac) (Entered: 06/08/2015)
2015-06-1013STATUS REPORT Joint Status Report by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 06/10/2015)
2015-06-15MINUTE ORDER. The defendants shall provide the plaintiff with an update on the status of the plaintiff's various Freedom of Information Act (FOIA) and FOIA-related requests by no later than June 19, 2015. The parties shall file a joint status report by no later than July 6, 2015. Signed by Judge Emmet G. Sullivan on June 15, 2015. (lcegs1) (Entered: 06/15/2015)
2015-06-15Set/Reset Deadlines: Update on the status of the plaintiff's various Freedom of Information Act (FOIA) and FOIA- related requests due by 6/19/2015. Joint Status Report due by 7/6/2015. (mac) (Entered: 06/15/2015)
2015-06-2414MOTION to Compel Compliance with Court's Order by GEORGE RUSSELL (Attachments: # 1 Exhibit Email thread, # 2 Text of Proposed Order)(Light, Jeffrey) (Entered: 06/24/2015)
2015-07-0615STATUS REPORT Joint Status Report by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 07/06/2015)
2015-07-10MINUTE ORDER. The defendant is hereby ordered to show cause, by no later than July 17, 2015, why sanctions should not be imposed for failure to comply with the Court's June 15, 2015 Order requiring the defendant to provide the plaintiff with an update on the status of the plaintiff's various Freedom of Information Act (FOIA) and FOIA-related requests. FURTHER, the parties are directed to submit a joint proposed scheduling order for further proceedings in this case by no later than July 24, 2015. In the event that counsel are unable to agree on a joint recommendation, each party shall file an individual recommendation at that time. Signed by Judge Emmet G. Sullivan on July 10, 2015. (lcegs1) (Entered: 07/10/2015)
2015-07-13Set/Reset Deadlines: Defendant Show Cause due by 7/17/2015. Joint Proposed Scheduling Order or Individual Recommendations due by 7/24/2015 (mac) (Entered: 07/13/2015)
2015-07-1716RESPONSE TO ORDER OF THE COURT re Order,, filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 07/17/2015)
2015-07-1717Memorandum in opposition to re 14 MOTION to Compel Compliance with Court's Order filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 07/17/2015)
2015-07-2418STATUS REPORT Joint Proposed Scheduling Order by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 07/24/2015)
2015-08-31MINUTE ORDER denying 14 plaintiff's motion to compel as moot in light of 18 the parties' joint proposed scheduling order. However, the government is reminded of its obligation to comply with the Orders of the Court in a timely manner. In view of 18 the parties' joint proposed scheduling order, to the extent he has not already done so, the plaintiff shall inform the government whether and which redactions made by the National Security Agency, U.S. Secret Service, and U.S. Bureau of Prisons he plans to challenge by no later than September 4, 2015. To the extent it has not already done so, the Bureau of Prisons shall provide the plaintiff with an estimate of its duplication fees and timeframe for how long it will take to process the plaintiff's documents by no later than September 4, 2015. The U.S. Department of Justice Criminal Division shall complete it efforts, release responsive documents, and inform the plaintiff of the number of documents released by no later than October 12, 2015. The Federal Bureau of Investigation (FBI) shall complete processing its open and closed files by no later than December 28, 2015. The FBI shall provide an interim release of documents to the plaintiff by no later than October 27, 2015, and shall provide an update of the status of, and the timetable for, processing the 11 videos by no later than October 27, 2015. By no later than October 12, 2015, the government shall obtain declarations from various United States Attorneys Offices detailing their searches and the processing of the FOIA requests and provide them to the plaintiff. These declarations shall include i) the number of pages of responsive records that have been processed thus far in response to Plaintiff's FOIA request, ii) the number of pages that have been withheld in full, iii) the number of pages that have been released in full or in part, and iv) the number of pages that remain to be processed with respect to these US Attorneys Offices: Western District of Oklahoma, Western District of Arkansas, Eastern District of Arkansas, and District of New Jersey. The parties shall submit a joint report on the status of these activities by no later than October 19, 2015. Signed by Judge Emmet G. Sullivan on August 31, 2015. (lcegs1) (Entered: 08/31/2015)
2015-09-01Set/Reset Deadlines: Joint Status Report due by 10/19/2015. (mac) (Entered: 09/01/2015)
2015-10-1319Unopposed MOTION for Extension of Time to by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/13/2015)
2015-10-1920STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 10/19/2015)
2015-10-22MINUTE ORDER granting 19 defendant's unopposed motion for extension of time. The U.S. Department of Justice Criminal Division and the U.S. Attorney's Offices shall complete their efforts in compliance with the Court's August 31, 2015 order on or before November 12, 2015. The parties shall submit a joint status report by no later than November 12, 2015. Signed by Judge Emmet G. Sullivan on 10/22/2015.(lcegs1) (Entered: 10/22/2015)
2015-10-22Set/Reset Deadlines: Joint Status Report due by 11/12/2015 (mac) (Entered: 10/22/2015)
2015-11-1221Consent MOTION for Extension of Time to File by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 11/12/2015)
2015-11-1622Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 11/16/2015)
2015-11-1723MOTION for Extension of Time to by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 11/17/2015)
2015-11-23MINUTE ORDER granting, nunc pro tunc, 21 and 23 defendants' motions for extension of time. Defendants shall file a status report by no later than November 16, 2015. The U.S. Department of Justice Criminal Division and the U.S. Attorney's Offices shall complete their efforts in compliance with the Court's August 31, 2015 order on or before November 17, 2015. The parties shall submit a joint status report by no later than December 18, 2015. Signed by Judge Emmet G. Sullivan on November 23, 2015. (lcegs1) (Entered: 11/23/2015)
2015-11-23Set/Reset Deadlines: Joint Status Report due by 12/18/2015. (mac) (Entered: 11/23/2015)
2015-12-1724Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 12/17/2015)
2015-12-29MINUTE ORDER. In view of 24 the parties' joint status report, the parties shall file another joint status report by no later than January 29, 2016 updating the Court on the status of the parties' compliance with this Court's Orders of August 31, 2015; October 22, 2015; and November 23, 2015. In that report, the parties shall inform the Court of any outstanding issues and provide a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on December 29, 2015. (lcegs1) (Entered: 12/29/2015)
2015-12-30Set/Reset Deadlines: Joint Status Report due by 1/29/2016. (mac) (Entered: 12/30/2015)
2016-01-2925Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 01/29/2016)
2016-02-12MINUTE ORDER. In view of 25 the parties' joint status report, the parties shall file another joint status report by no later than April 12, 2016 updating the Court on the status of the parties' compliance with this Court's Orders of August 31, 2015; October 22, 2015; and November 23, 2015. In that report, the parties shall inform the Court of any outstanding issues and provide a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on February 12, 2016. (lcegs1) (Entered: 02/12/2016)
2016-02-12Set/Reset Deadlines: Status Report due by 4/12/2016. (mac) (Entered: 02/12/2016)
2016-04-1226Consent MOTION for Extension of Time to File by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 04/12/2016)
2016-04-14MINUTE ORDER granting 26 consent motion for extension of time. Defendants shall file a status report by no later than April 14, 2016. Signed by Judge Emmet G. Sullivan on 4/14/2016. (lcegs1) (Entered: 04/14/2016)
2016-04-14Set/Reset Deadlines: Status Report due by 4/14/2016. (mac) (Entered: 04/14/2016)
2016-04-1827Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 04/18/2016)
2016-04-26MINUTE ORDER. In view of 27 joint status report, the parties are directed to file a joint status report by no later than June 24, 2016, updating the Court on what, if any, issues remain, and how the parties wish to proceed. Signed by Judge Emmet G. Sullivan on 4/26/2016. (lcegs1) (Entered: 04/26/2016)
2016-04-26Set/Reset Deadlines: Joint Status Report due by 6/24/2016. (mac) (Entered: 04/26/2016)
2016-06-2428MOTION for Extension of Time to File Joint Status Report by GEORGE RUSSELL (Light, Jeffrey) (Entered: 06/24/2016)
2016-07-0129Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 07/01/2016)
2016-07-25MINUTE ORDER granting, nunc pro tunc, 28 motion for extension of time to file joint status report. In view of 29 the parties' joint status report, the parties shall file another joint status report by no later than August 16, 2016 updating the Court on the status of the parties' compliance with this Court's Orders of August 31, 2015; October 22, 2015; and November 23, 2015. In that report, the parties shall inform the Court of any outstanding issues and provide a recommendation for further proceedings. Signed by Judge Emmet G. Sullivan on 7/25/2016. (lcegs1) (Entered: 07/25/2016)
2016-07-25Set/Reset Deadlines/Hearings: Joint Status Report due by 8/16/2016. (cdw) (Entered: 07/27/2016)
2016-08-1630Joint STATUS REPORT by GEORGE RUSSELL. (Light, Jeffrey) (Entered: 08/16/2016)
2016-10-0431STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 10/04/2016)
2016-10-06MINUTE ORDER. In view of 31 defendant's status report, the parties are directed to file another status report by no later than November 3, 2016, advising the court on the progress of the parties' negotiations to resolve the outstanding fee issues. Signed by Judge Emmet G. Sullivan on 10/6/16. (lcegs4) (Entered: 10/06/2016)
2016-11-0932Joint STATUS REPORT by GEORGE RUSSELL. (Light, Jeffrey) (Entered: 11/09/2016)
2016-11-09MINUTE ORDER. In view of 32 the joint status report, the parties are directed to file another status report by no later than December 9, 2016, advising the Court on the progress of the parties' negotiations to resolve the outstanding fee issues. Signed by Judge Emmet G. Sullivan on 11/9/2016. (lcegs4) (Entered: 11/09/2016)
2016-11-10Set/Reset Deadlines: Status Report due by 12/9/2016. (mac) (Entered: 11/10/2016)
2016-12-2733Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Ross, Carl) (Entered: 12/27/2016)
2016-12-28MINUTE ORDER. In view of 33 the joint status report, the parties are directed to file another status report by no later than February 1, 2017 advising the Court on the progress of the parties' negotiations to resolve the outstanding fee issues. Signed by Judge Emmet G. Sullivan on 12/28/2016. (lcegs4) (Entered: 12/28/2016)
2016-12-28Set/Reset Deadlines: Status Report due by 2/1/2017. (mac) (Entered: 12/28/2016)
2017-01-1834NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of All Defendants Substituting for attorney Carl Ross (Hendry, Melanie) (Entered: 01/18/2017)
2017-01-3135STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Hendry, Melanie) (Entered: 01/31/2017)
2017-01-31MINUTE ORDER. In view of 35 the joint status report, the parties are directed to file another status report by no later than March 1, 2017, advising the Court on the progress of the parties' negotiations to resolve the outstanding fee issues. Signed by Judge Emmet G. Sullivan on 1/31/2017. (lcegs4) (Entered: 01/31/2017)
2017-01-31Set/Reset Deadlines: Status Report due by 3/1/2017. (mac) (Entered: 01/31/2017)
2017-03-0136STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Hendry, Melanie) (Entered: 03/01/2017)
2017-03-01MINUTE ORDER. In view of 36 the joint status report, the parties are directed to file another status report by no later than March 15, 2017, advising the Court on the progress of the parties' negotiations to resolve the outstanding fee issues. Signed by Judge Emmet G. Sullivan on 3/1/2017. (lcegs4) (Entered: 03/01/2017)
2017-03-02Set/Reset Deadlines: Joint Status Report due by 3/15/2017. (mac) (Entered: 03/02/2017)
2017-03-1537STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, NATIONAL SECURITY AGENCY. (Hendry, Melanie) (Entered: 03/15/2017)
2017-03-15MINUTE ORDER. In view of 37 the joint status report, the parties are directed to file another status report by no later than March 31, 2017, advising the Court on the progress of the parties' negotiations to resolve the outstanding fee issues. Signed by Judge Emmet G. Sullivan on 3/15/2017. (lcegs4) (Entered: 03/15/2017)
2017-03-15Set/Reset Deadlines: Joint Status Report due by 3/31/2017. (mac) (Entered: 03/15/2017)
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