Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that EPIC is not entitled to attorney's fees because its suit against the Justice Department for a draft agreement between the European Union and the U.S. pertaining to transferring personal information in transatlantic criminal and terrorism investigations did not cause the agency to disclose the record. EPIC requested the Umbrella Agreement on September 10, 2015 and asked for expedited processing. The Criminal Division denied the request for expedited processing on October 8. EPIC appealed the denial of expedited processing on October 16 and filed suit on November 4 after DOJ had not responded. EPIC was granted a default judgment against DOJ on January 6, 2016. DOJ asked the court for additional time until January 29, and disclosed the record to EPIC on January 25 after concluding the draft version was publicly available on the EU website. EPIC then filed for attorney's fees, arguing that its lawsuit had caused the agency to disclose the agreement. Chutkan found that EPIC's suit had not caused the agency to disclose the record. Instead, she pointed out that "the FOIA Unit was not notified of this lawsuit until January 8, 2016, approximately three months after it was assigned the request, identified the document, and began the process of consulting with other agencies and divisions to determine whether to release the document, since it was a draft version of an international agreement. These facts, without more evidence from EPIC, fail to establish that DOJ delayed or refused to provide the requested document, nor that this litigation was a catalyst for the January 25 document production in any way."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2015-11-04	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4305312) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Summons Summons Combined, # 2 Civil Cover Sheet)(Tran, Thailam) (Entered: 11/04/2015)
2015-11-04	2	NOTICE of Appearance by Thailam John Tran on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Tran, Thailam) (Entered: 11/04/2015)
2015-11-04	3	Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Tran, Thailam) (Entered: 11/04/2015)
2015-11-04		Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 11/05/2015)
2015-11-05	4	NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 11/05/2015)
2015-11-05	5	NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 11/05/2015)
2015-11-05	6	SUMMONS Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice of Consent) (zmd) (Entered: 11/05/2015)
2015-11-05		SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General. (SUMMONS WERE NOT FILED AT THE TIME COMPLAINT WAS FILED) (zmd) (Entered: 11/05/2015)
2015-11-06	7	REQUEST FOR SUMMONS TO ISSUE filed by ELECTRONIC PRIVACY INFORMATION CENTER.(Tran, Thailam) (Entered: 11/06/2015)
2015-11-06	8	REQUEST FOR SUMMONS TO ISSUE filed by ELECTRONIC PRIVACY INFORMATION CENTER.(Tran, Thailam) (Entered: 11/06/2015)
2015-11-06	9	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(td) (Entered: 11/06/2015)
2015-11-16	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 11/16/2015 (Attachments: # 1 Exhibit)(Tran, Thailam) (Main Document 10 replaced on 11/17/2015) (znmw). (Entered: 11/16/2015)
2015-11-16	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/16/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/16/2015.) (Attachments: # 1 Exhibit Attorney General Delivery Receipt, # 2 Affidavit US Attorney Affidavit, # 3 Exhibit US Attorney Delivery Receipt)(Tran, Thailam) (Main Document 11 replaced on 11/17/2015) (znmw). (Entered: 11/16/2015)
2016-01-05	12	AFFIDAVIT FOR DEFAULT by ELECTRONIC PRIVACY INFORMATION CENTER. (Tran, Thailam) (Entered: 01/05/2016)
2016-01-06	13	VACATED PURSUANT TO MINUTE ORDER DATED 1/29/16.....Clerk's ENTRY OF DEFAULT as to UNITED STATES DEPARTMENT OF JUSTICE (td) Modified on 1/29/2016 (zsm). (Entered: 01/06/2016)
2016-01-06	14	MOTION for Default Judgment as to by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Tran, Thailam) (Entered: 01/06/2016)
2016-01-07	15	VACATED PURSUANT TO MINUTE ORDER FILED 1/8/16. . . . .MINUTE ORDER: Before the court is Plaintiff's motion 14 for default judgment. "A default judgment is appropriate when a defendant is a totally unresponsive party and its default [is] plainly willful, reflected by its failure to respond to the summons and complaint, the entry of default, or the motion for default judgment." Mohammadi v. Islamic Republic of Iran, 947 F. Supp. 2d 48, 61 (D.D.C. 2013) aff'd, 782 F.3d 9 (D.C. Cir. 2015) (citation and internal quotations omitted). Moreover, "[f]ederal law favors the disposition of cases on the merits, and, as a result, a default judgment is a drastic sanction that should be employed only in an extreme situation." Payne v. Barnhart, 725 F. Supp. 2d 113, 115 (D.D.C. 2010) (citing Affanato v. Merrill Bros., 547 F.2d 138, 140 (1st Cir. 1977)). Accordingly, the Plaintiff shall serve a copy of the default judgment motion on Defendant in the same manner as required for service of the summons and complaint under Federal Rule of Civil Procedure 4(i). Signed by Judge Tanya S. Chutkan on 1/7/16. (DJS) Modified on 1/8/2016 (ztd). (Entered: 01/07/2016)
2016-01-07	16	NOTICE of Appearance by Jeremy S. Simon on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Simon, Jeremy) (Entered: 01/07/2016)
2016-01-08		MINUTE ORDER: The court's 1/7/16 Minute Order is hereby VACATED. Defendant shall file a response to the Motion for Default 14 not later 1/25/16. Signed by Judge Tanya S. Chutkan on 1/8/16. (DJS) (Entered: 01/08/2016)
2016-01-15		Set/Reset Deadlines: Response due by 1/25/2016 (zsm) (Entered: 01/15/2016)
2016-01-20		MINUTE ORDER: A Status Conference is hereby set for February 1, 2016 at 10:30 a.m. in Courtroom 2. Signed by Judge Tanya S. Chutkan on 1/20/16. (DJS) (Entered: 01/20/2016)
2016-01-20		Set/Reset Hearings: Status Conference set for 2/1/2016 at 10:30 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 01/20/2016)
2016-01-21	17	MOTION for Extension of Time to Respond to Motion for Default Judgment and to Reschedule Status Conference by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 01/21/2016)
2016-01-22	18	Memorandum in opposition to re 17 MOTION for Extension of Time to Respond to Motion for Default Judgment and to Reschedule Status Conference filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Tran, Thailam) (Entered: 01/22/2016)
2016-01-22		MINUTE ORDER: Granting in part and denying in part Defendant's MOTION 17 for Extension of Time to Respond to Motion for Default Judgment and to Reschedule Status Conference. The Defendant shall file a response to Plaintiff's motion not later than January 29, 2016. At the status conference, the Defendant shall be prepared to discuss in detail the status of the FOIA request. An agency representative shall attend the conference, if necessary, to provide specifics about the FOIA request. Additionally, at the status conference the Plaintiff shall be prepared to provide dates and/or more detailed information regarding the anticipated Senate Judiciary Committee Hearing and the status of relevant negotiations between the United States and the European Union. Signed by Judge Tanya S. Chutkan on 1/22/16. (DJS) (Entered: 01/22/2016)
2016-01-27		Set/Reset Deadlines: Response due by 1/29/2016 (zsm) (Entered: 01/27/2016)
2016-01-28	19	Joint MOTION to Vacate Entry of Default, Adjourn Status Conference and Set a Date for a Joint Status Report by UNITED STATES DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order, # 2 January 25, 2016 Response Letter)(Simon, Jeremy) (Entered: 01/28/2016)
2016-01-29		MINUTE ORDER: Granting 19 Joint Motion. The Clerk's entry of default 13 is VACATED. Finding as moot 14 Plaintiff's Motion for Default Judgment. The status conference previously scheduled for February 1, 2016 is hereby adjourned. Signed by Judge Tanya S. Chutkan on 1/29/16. (DJS) (Entered: 01/29/2016)
2016-01-29		MINUTE ORDER: Not later than February 26, 2016 the parties shall file a joint stipulation of dismissal or a jointly proposed schedule for moving forward with the fee issue in this action. Any proposed schedule shall include a proposed order. Signed by Judge Tanya S. Chutkan on 1/29/16. (DJS) (Entered: 01/29/2016)
2016-01-29		Set/Reset Deadlines: Proposed Briefing Schedule or Stipulation of Dismissal due by 2/26/2016 (zsm) (Entered: 01/29/2016)
2016-02-26	20	Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/26/2016)
2016-02-29		MINUTE ORDER: The parties shall adhere to the following briefing schedule on Plaintiff's anticipated motion for attorneys' fees and costs: Plaintiff's motion by April 4, 2016; Defendant's opposition by April 28, 2016; Plaintiff's reply by May 12, 2016. Signed by Judge Tanya S. Chutkan on 2/29/16. (lctsc2) (Entered: 02/29/2016)
2016-02-29		Set/Reset Deadlines: Plaintiff's motion by 4/4/2016; Defendant's opposition by 4/28/2016; Plaintiff's reply by 5/12/2016. (kt) (Entered: 02/29/2016)
2016-04-04	21	MOTION for Attorney Fees by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Declaration of T. Tran, # 2 Exhibit Kavanaugh Declaration, # 3 Exhibit 2014 Real Rate Report, # 4 Exhibit Westlaw Billing Report, # 5 Exhibit Westlaw Billing Report, # 6 Exhibit LSI Laffey Matrix, # 7 Exhibit USAO Laffey Matrix, # 8 Exhibit Billing Records, # 9 Affidavit of M. Rotenberg, # 10 Affidavit of A. Butler, # 11 Affidavit of T. Tran, # 12 Affidavit of A. Thomson, # 13 Text of Proposed Order)(Tran, Thailam) (Entered: 04/04/2016)
2016-04-28	22	Memorandum in opposition to re 21 MOTION for Attorney Fees filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Exhibit A (USAO Matrix), # 3 Exhibit B (Redacted Offer of Judgment), # 4 Declaration of Amanda Marchand Jones)(Simon, Jeremy) (Entered: 04/28/2016)
2016-05-12	23	REPLY to opposition to motion re 21 MOTION for Attorney Fees filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Affidavit of M. Rotenberg, # 2 Affidavit of A. Butler, # 3 Affidavit of T. Tran, # 4 Exhibit Supplemental Billing Records)(Tran, Thailam) (Entered: 05/12/2016)
2016-10-05	24	MEMORANDUM AND OPINION re 21 Plaintiff's Motion for Attorney Fees. Signed by Judge Tanya S. Chutkan on 10/5/2016. (lctsc2) (Entered: 10/05/2016)
2016-10-05	25	ORDER denying 21 Plaintiff's Motion for Attorney Fees. Signed by Judge Tanya S. Chutkan on 10/5/2016. (lctsc2) (Entered: 10/05/2016)
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