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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00289
Date Filed2015-02-26
Date Closed2015-10-20
JudgeJudge Colleen Kollar-Kotelly
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionEPIC submitted a FOIA request to the Department of Homeland Security for records concerning Future Attributes Security Technology. EPIC also requested inclusion in the news media fee category and for a waiver of any duplication fees. The agency acknowledged receipt of the request. EPIC was asked to clarify the time frame, which it did. After hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Fee Category - Media or Educational, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-261COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-4005511) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(McCall, Ginger) (Entered: 02/26/2015)
2015-02-262LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (McCall, Ginger) (Entered: 02/26/2015)
2015-02-26Case Assigned to Judge Colleen Kollar-Kotelly. (rd) (Entered: 02/26/2015)
2015-02-263SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 02/26/2015)
2015-02-264ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on February 26, 2015. (NS) (Entered: 02/26/2015)
2015-03-165NOTICE of Appearance by Marina Utgoff Braswell on behalf of DEPARTMENT OF HOMELAND SECURITY (Braswell, Marina) (Entered: 03/16/2015)
2015-03-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2015. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2015. (Attachments: # 1 Affidavit of Mailing for the U.S. Attorney)(McCall, Ginger) (Entered: 03/18/2015)
2015-03-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 3/6/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/16/15. (See Docket Entry 6 to view document). (znmw, ) (Entered: 03/19/2015)
2015-04-068ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY.(Braswell, Marina) (Entered: 04/06/2015)
2015-04-06Set/Reset Deadlines: Parties shall file propose schedule by 5/6/2015. (dot ) (Entered: 04/09/2015)
2015-04-079ORDER. The parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, etc. The parties shall file the schedule not later than May 6, 2015. Signed by Judge Colleen Kollar-Kotelly on 4/7/2015. (lcckk3) (Entered: 04/07/2015)
2015-05-0610STATUS REPORT , Joint, by DEPARTMENT OF HOMELAND SECURITY. (Braswell, Marina) (Entered: 05/06/2015)
2015-05-0711ORDER. The Court is in receipt of the parties' 10 Joint Status Report indicating that Defendant "anticipates being able to make a release of the information [Defendant] has determined is not subject to a FOIA exemption by May 11, 2015." Joint Status Report, at 2. The parties also indicate that no motion will need to be filed under Open America, however, it is "premature to know whether a Vaughn declaration will be needed." Id. Accordingly, the Court hereby ORDERS the parties to file a Joint Status Report by no later than MAY 28, 2015, proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on 5/7/2015. (lcckk3) (Entered: 05/07/2015)
2015-05-07Set/Reset Deadlines: Joint Status Report due by 5/28/2015. (dot ) (Entered: 05/08/2015)
2015-05-2012NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Ginger P. McCall terminated. (McCall, Ginger) (Entered: 05/20/2015)
2015-05-2813STATUS REPORT Joint by ELECTRONIC PRIVACY INFORMATION CENTER. (Rotenberg, Marc) (Entered: 05/28/2015)
2015-05-2814NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 05/28/2015)
2015-05-28Set/Reset Deadlines: Joint Status Report due by 6/29/2015. Defendant's Vaughn Index due by 6/22/2015. (dot) (Entered: 06/01/2015)
2015-05-29MINUTE ORDER (paperless). The Court is in receipt of the parties' 13 Joint Status Report indicating that Defendant has produced "all responsive records to Plaintiff," that Plaintiff has requested a Vaughn Index from Defendant, and that Defendant will produce a Vaughn declaration on or before June 22, 2015. Accordingly, the Court hereby ORDERS the parties to file a Joint Status Report by no later than June 29, 2015, proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on 5/29/2015. (lcckk3) (Entered: 05/29/2015)
2015-06-2315NOTICE of Appearance by Jeramie D. Scott on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Scott, Jeramie) (Entered: 06/23/2015)
2015-06-2916STATUS REPORT Joint by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 06/29/2015)
2015-06-30MINUTE ORDER (paperless). The Court is in receipt of the parties' 16 Joint Status Report indicating that Defendant has produced a Vaughn Index for Plaintiff, will review Plaintiff's request for additional information regarding a specific document, and, "to the extent that DHS agrees that additional information is needed, will produce a revised Vaughn declaration" to Plaintiff by July 13, 2015. Accordingly, the Court hereby ORDERS the parties to file a Joint Status Report by no later than JULY 20, 2015, proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on 6/30/2015. (lcckk3) (Entered: 06/30/2015)
2015-06-30Set/Reset Deadlines: Joint Status Report due by 7/20/2015. Revised Vaughn declaration due by 7/13/2015. (dot) (Entered: 07/02/2015)
2015-07-2017STATUS REPORT , Joint by DEPARTMENT OF HOMELAND SECURITY. (Braswell, Marina) (Entered: 07/20/2015)
2015-07-21MINUTE ORDER (paperless). The Court is in receipt of the parties' 17 Joint Status Report indicating that Defendant will produce a supplemental Vaughn index to Plaintiff by July 27, 2015, and that Plaintiff will determine whether it wishes to pursue the litigation by August 3, 2015. Accordingly, the Court hereby ORDERS the parties to file a Joint Status Report by no later than AUGUST 5, 2015, proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on 7/21/2015. (lcckk3) (Entered: 07/21/2015)
2015-07-21Set/Reset Deadlines: Defendant will produce supplemental Vaughn index to Plaintiff by 7/27/2015. Plaintiff will determine whether it wishes to pursue the litigation by 8/3/2015. Joint Status Report due by 8/5/2015. (kt) (Entered: 07/21/2015)
2015-08-0518STATUS REPORT Joint by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 08/05/2015)
2015-08-06MINUTE ORDER (paperless). The Court is in receipt of the parties' 18 Joint Status Report indicating that Defendant has produced a supplemental Vaughn index to Plaintiff, and that the parties now request 45 days to consider and discuss a settlement. Accordingly, the Court hereby ORDERS the parties to notify the Court if they reach a settlement or, if they do not reach a settlement, to file a Joint Status Report by no later than SEPTEMBER 21, 2015, proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on 8/6/2015. (lcckk3) (Entered: 08/06/2015)
2015-08-06Set/Reset Deadlines: Joint Status Report due by 9/21/2015 if parties do not reach a settlement. (dot) (Entered: 08/07/2015)
2015-09-2119STATUS REPORT Joint by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 09/21/2015)
2015-09-29MINUTE ORDER(Paperless). The Court is in receipt of the parties' 19 Joint Status Report filed on 9/21/2015. The Joint Status Report indicates that the Parties have initiated settlement negotiations, and that the parties now request an additional 23 days from the date of the Joint Status Report to discuss a settlement. Accordingly, the Court hereby ORDERS the parties to notify the Court if they reach a settlement or, if they do not reach a settlement, to file a Joint Status Report by no later than OCTOBER 14, 2015, proposing a schedule for further proceedings in this case. Signed by Judge Colleen Kollar-Kotelly on 9/29/2015. (lcckk1) (Entered: 09/29/2015)
2015-09-29Set/Reset Deadlines: Joint Status Report due by 10/14/2015. (dot) (Entered: 09/30/2015)
2015-10-1420Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Braswell, Marina) (Entered: 10/14/2015)
2015-10-2021ORDER. The Court has been informed that the parties have reached a settlement in principle. Accordingly, with the consent of the parties, it is ORDERED that this action be DISMISSED; the dismissal shall be WITHOUT prejudice until NOVEMBER 16, 2015. Should counsel fail to extend the deadline or reopen this action by the designated date, the matter shall, without further order, stand dismissed WITH prejudice. Signed by Judge Colleen Kollar-Kotelly on 10/20/2015. (lcckk1) (Entered: 10/20/2015)
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