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Case TitlePOITRAS v. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01091
Date Filed2015-07-13
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffLAURA POITRAS
Case DescriptionLaura Poitras, a journalist and documentary filmmaker who had been detained a number of times when returning to the U.S. after international travel, submitted FOIA requests to the Department of Homeland Security, the FBI, and the Office of the Director of National Intelligence for records concerning herself. None of the components of DHS except for U.S. Citizenship and Immigration Services responded to her request. CIS said it could find no records and affirmed that decision on appeal. The FBI referred her request to the Executive Office for U.S. Attorney, which located six pages and withheld them entirely under Exemption 3 (other statues). Poitras appealed the decision to the Office of Information Policy, but heard nothing further from that office. ONDI refused to confirm or deny the existence of records. Poitras appealed the decision, but heard nothing further from ONDI. She then filed suit against the three agencies.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF JUSTICE
DefendantOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-131COMPLAINT for Injunctive Relief against DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ( Filing fee $ 400 receipt number 0090-4172989) filed by LAURA POITRAS . (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Sobel, David) Modified on 7/13/2015 to correct plaintiff(jf). (Entered: 07/13/2015)
2015-07-13Case Assigned to Judge Ketanji Brown Jackson. (sth) (Entered: 07/13/2015)
2015-07-132SUMMONS (5) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(sth) (Entered: 07/13/2015)
2015-07-173GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 07/17/2015. (lckbj1) (Entered: 07/17/2015)
2015-07-224RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 7/20/2015; DEPARTMENT OF JUSTICE served on 7/20/2015; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE served on 7/20/2015 (Sobel, David) (Entered: 07/22/2015)
2015-07-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/20/2015. (Sobel, David) (Entered: 07/22/2015)
2015-07-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/20/2015. Answer due for ALL FEDERAL DEFENDANTS by 8/19/2015. (Sobel, David) (Entered: 07/22/2015)
2015-08-197ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.(Singer, Sam) (Entered: 08/19/2015)
2015-09-18MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, by 10/2/2015. Signed by Judge Ketanji Brown Jackson on 09/18/2015. (lckbj1) (Entered: 09/18/2015)
2015-10-018Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 10/01/2015)
2015-10-22MINUTE ORDER. Based on the representations made in the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 11/16/2015, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/22/2015. (lckbj1) (Entered: 10/22/2015)
2015-11-169Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 11/16/2015)
2015-11-18MINUTE ORDER. Based on the representations made in the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 2/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/18/2015. (lckbj1) (Entered: 11/18/2015)
2016-02-1610Joint STATUS REPORT (third) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 02/16/2016)
2016-02-18MINUTE ORDER. Based on the representations made in the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 3/15/2016, which shall include a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/18/2016. (lckbj1) (Entered: 02/18/2016)
2016-03-1511Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 03/15/2016)
2016-03-20MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that the following briefing schedule for dispositive motions is set in this matter: Defendant's Motion for Summary Judgment is due by 6/6/2016. Plaintiff's Consolidated Opposition to Defendant's Motion for Summary Judgment and Cross Motion for Summary Judgment is due by 7/18/2016. Plaintiff's Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Defendant's Cross Motion for Summary Judgment is due by 8/8/2016. Plaintiff's Reply in Support of its Cross Motion for Summary Judgment is due by 8/29/2016. Signed by Judge Ketanji Brown Jackson on 03/20/2016. (lckbj1) (Entered: 03/20/2016)
2016-06-0612Unopposed MOTION for Extension of Time to submit ex parte, in camera declaration in support of Defendants' motion for summary judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Singer, Sam) (Entered: 06/06/2016)
2016-06-0613ENTERED IN ERROR.....MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Singer, Sam) Modified on 6/7/2016 (jf). (Entered: 06/06/2016)
2016-06-0614MOTION for Summary Judgment (Memorandum in Support) by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (Attachments: # 1 Declaration Hardy Declaration (FBI), # 2 Declaration Hudson Declaration (ODNI), # 3 Declaration Burroughs Declaration (CBP), # 4 Declaration McCoy Declaration (TSA), # 5 Declaration Blair Declaration (TSA), # 6 Declaration Eggleston Declaration (USCIS), # 7 Declaration Pineiro Declaration (ICE), # 8 Declaration Tyrrell Declaration (DHS), # 9 Statement of Facts)(Singer, Sam) (Main Document 14 replaced on 6/7/2016) (jf). (Entered: 06/06/2016)
2016-06-07NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 13 MOTION for Summary Judgment was entered in error and combined with entry 14 . (jf) (Entered: 06/07/2016)
2016-06-0715NOTICE of Lodging of Classified Declaration by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE re 14 MOTION for Summary Judgment (Memorandum in Support) (Singer, Sam) (Entered: 06/07/2016)
2016-06-07MINUTE ORDER granting 12 Consent Motion for Extension of Time to File Declaration, nunc pro tunc. Defendants' declaration shall be filed on or before 6/7/2016. Signed by Judge Ketanji Brown Jackson on 06/07/2016. (lckbj1) (Entered: 06/07/2016)
2016-06-3016Consent MOTION for Briefing Schedule to be Revised by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 06/30/2016)
2016-07-01MINUTE ORDER granting, for good cause shown, 16 Consent Motion to Revise Briefing Schedule. It is hereby ORDERED that the briefing schedule for dispositive motions in this matter is amended as follows: Plaintiff's Consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment is due on or before 8/24/2016. Defendants' Consolidated Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before 9/26/2016. Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment is due on or before 10/17/2016. Absent extraordinary and unexpected circumstances, no further extensions with respect to Plaintiff's Consolidated Opposition to Defendants' Motion for Summary Judgment and Cross-Motion for Summary Judgment will be granted. Signed by Judge Ketanji Brown Jackson on 7/1/2016. (lckbj1) (Entered: 07/01/2016)
2016-08-2417Memorandum in opposition to re 14 MOTION for Summary Judgment (Memorandum in Support) filed by LAURA POITRAS. (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/24/2016)
2016-08-2418Cross MOTION for Summary Judgment by LAURA POITRAS (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/24/2016)
2016-09-2619Memorandum in opposition to re 18 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy, # 2 Statement of Facts Response to Plaintiff's Statement of Material Facts)(Singer, Sam) (Entered: 09/26/2016)
2016-09-2620REPLY to opposition to motion re 14 MOTION for Summary Judgment (Memorandum in Support) filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Attachments: # 1 Declaration Second Declaration of David M. Hardy, # 2 Statement of Facts Response to Plaintiff's Statement of Facts)(Singer, Sam) (Entered: 09/26/2016)
2016-10-1721REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment filed by LAURA POITRAS. (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 10/17/2016)
2017-03-3122ORDER GRANTING in part and DENYING in part without prejudice Defendants' 14 Motion for Summary Judgment; DENYING without prejudice Plaintiff's 18 Motion for Summary Judgment; and requiring the parties to submit, on or before 4/25/2017, a proposed schedule for submission of a revised Vaughn Index or supplemental declaration and renewed cross-motions for summary judgment. See attached Order for details. Signed by Judge Ketanji Brown Jackson on 03/31/2017. (lckbj1) (Entered: 03/31/2017)
2017-04-2523PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (Singer, Sam) (Entered: 04/25/2017)
2017-05-10MINUTE ORDER. It is hereby ORDERED that the following schedule for briefing summary judgment shall govern in this matter: Defendants' Motion for Summary Judgment and accompanying Vaughn Index and/or supplemental FBI declaration is due on or before 7/24/2017; Plaintiff's consolidated Opposition to Defendants' Motion and Cross-Motion for Summary Judgment is due on or before 8/25/2017; Defendants' consolidated Reply in Support of Their Motion and Opposition to Plaintiff's Cross-Motion is due on or before 9/15/2017; Plaintiff's Reply in Support of its Cross-Motion is due on or before 10/3/2017. Signed by Judge Ketanji Brown Jackson on 05/10/2017. (lckbj1) (lckbj1) (Entered: 05/10/2017)
2017-07-2424Second MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Exhibit FBI's Vaughn Index, # 3 Exhibit Third Hardy Declaration, # 4 Statement of Facts)(Singer, Sam) (Entered: 07/24/2017)
2017-08-2125Memorandum in opposition to re 24 Second MOTION for Summary Judgment filed by LAURA POITRAS. (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/21/2017)
2017-08-2126Cross MOTION for Summary Judgment by LAURA POITRAS (Attachments: # 1 Exhibit A, # 2 Declaration of Laura Poitras, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 08/21/2017)
2017-09-1427Joint MOTION for Briefing Schedule Temporary Suspension by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE (Singer, Sam) (Entered: 09/14/2017)
2017-09-18MINUTE ORDER granting 27 Joint Motion for Temporary Suspension of Briefing Schedule. It is hereby ORDERED that the remaining deadlines for briefing renewed motions for summary judgment in this matter are VACATED, and that the parties shall file a joint status report on or before 10/2/2017, which shall contain a proposed schedule for further proceedings, if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 09/18/2017. (lckbj1, ) (Entered: 09/18/2017)
2017-10-0228Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Singer, Sam) (Entered: 10/02/2017)
2017-10-05MINUTE ORDER adopting parties' proposed briefing schedule. It is hereby ORDERED that Defendants' consolidated reply and cross-motion opposition is due on or before 10/13/2017, and that Plaintiff's cross-motion reply is due on or before by 11/6/2017. Signed by Judge Ketanji Brown Jackson on 10/5/2017. (lckbj1) (Entered: 10/05/2017)
2017-10-10Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 10/13/2017. (gdf) (Entered: 10/10/2017)
2017-10-1329Memorandum in opposition to re 26 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Singer, Sam) (Entered: 10/13/2017)
2017-10-1330REPLY to opposition to motion re 24 Second MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration, # 2 Statement of Facts)(Singer, Sam) (Entered: 10/13/2017)
2017-10-2431Case directly reassigned to Chief Judge Beryl A. Howell by consent. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 10/25/2017)
2017-11-0332Consent MOTION to Stay Further Briefing by LAURA POITRAS (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 11/03/2017)
2017-11-06MINUTE ORDER (paperless) GRANTING the parties' 32 Consent Motion to Stay Further Briefing. Accordingly, further briefing on the parties' pending motions for summary judgment is STAYED. The parties are DIRECTED to file, by December 6, 2017, a Joint Status Report proposing a schedule to govern future proceedings in this case. Signed by Chief Judge Beryl A. Howell on November 6, 2017. (lcbah1) (Entered: 11/06/2017)
2017-11-06Set/Reset Deadlines: Joint Status Report due by 12/6/2017. (tg) (Entered: 11/06/2017)
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by FOIA Project Staff