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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. FEDERAL BUREAU OF INVESTIGATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02237
Date Filed2016-11-10
Date Closed2017-08-01
JudgeJudge Tanya S. Chutkan
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionEPIC submitted a FOIA request to the FBI for memoranda concerning the sharing of biometric and other identity-related data between the FBI and the Department of Defense. The FBI acknowledged receipt of the request, but after hearing nothing further from the FBI, EPIC filed an administrative appeal to the Office of Information Policy. OIP indicated it would not address EPIC's appeal because no records had been withheld. The FBI then told EPIC it had found 35 responsive pages, but that those pages had to be referred to other agencies. EPIC then filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF INVESTIGATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-101COMPLAINT against FEDERAL BUREAU OF INVESTIGATION ( Filing fee $ 400 receipt number 0090-4741401) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General for the United States, # 3 Summons Federal Bureau of Investigation, # 4 Summons U.S. Attorney for the District of Columbia)(Scott, Jeramie) (Entered: 11/10/2016)
2016-11-142NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Main Document 2 replaced on 11/15/2016) (znmw). (Entered: 11/14/2016)
2016-11-143NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Main Document 3 replaced on 11/15/2016) (znmw). (Entered: 11/14/2016)
2016-11-14Case Assigned to Judge Tanya S. Chutkan. (sb) (Entered: 11/14/2016)
2016-11-144SUMMONS (3) Issued Electronically as to FEDERAL BUREAU OF INVESTIGATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 11/14/2016)
2016-12-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2016. Answer due for ALL FEDERAL DEFENDANTS by 1/11/2017. (Attachments: # 1 Exhibit Receipt for Certified Mail - U.S. Attorney)(Scott, Jeramie) (Entered: 12/13/2016)
2016-12-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/21/2016. (Attachments: # 1 Exhibit Receipt for Certified Mail - U.S. Attorney General)(Scott, Jeramie) (Entered: 12/13/2016)
2016-12-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 11/21/2016 (Attachments: # 1 Exhibit Receipt for Certified Mail - Federal Bureau of Investigation)(Scott, Jeramie) (Entered: 12/13/2016)
2016-12-158NOTICE of Appearance by Brian J. Field on behalf of All Defendants (Field, Brian) (Entered: 12/15/2016)
2016-12-159MOTION for Extension of Time to Respond to Complaint by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 12/15/2016)
2016-12-16MINUTE ORDER: Granting 9 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by Complaint by January 23, 2017. Signed by Judge Tanya S. Chutkan on 12/16/16. (DJS) Modified on 12/16/2016 (zsm). (Entered: 12/16/2016)
2017-01-2310ANSWER to Complaint by FEDERAL BUREAU OF INVESTIGATION.(Field, Brian) (Entered: 01/23/2017)
2017-01-23MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 2/13/17. Signed by Judge Tanya S. Chutkan on 1/23/17. (DJS) (Entered: 01/23/2017)
2017-01-25Set/Reset Deadlines: Joint Status Report due by 2/13/2017. (tb) (Entered: 01/25/2017)
2017-02-1311Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Field, Brian) (Entered: 02/13/2017)
2017-02-15MINUTE ORDER: Having considered the parties' Joint Status Report 11 , it is hereby ordered that the parties shall file another Joint Status Report by March 27, 2017. The parties are hereby reminded that a PROPOSED ORDER shall accompany the Joint Status Report. Signed by Judge Tanya S. Chutkan on 2/15/17. (DJS) (Entered: 02/15/2017)
2017-02-16Set/Reset Deadlines: Joint Status Report due by 3/27/2017. (tb) (Entered: 02/16/2017)
2017-03-2712Joint STATUS REPORT by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 03/27/2017)
2017-04-03MINUTE ORDER: Having considered the Parties' Joint Status Report 12 , it is hereby ordered that the parties shall adhere to the following briefing schedule: Defendant's Motion for Summary Judgment due May 22, 2017. Plaintiff's Opposition and Combined Cross-Motion due June 19, 2017. Defendant's Reply and Combined Opposition to Plaintiff's Motion for Summary Judgment due August 4, 2017. Plaintiff's Reply in Support of Cross-Motion due September 15, 2017. Signed by Judge Tanya S. Chutkan on 4/3/17. (DJS) (Entered: 04/03/2017)
2017-04-05Set/Reset Deadlines: Cross Motion due by 6/19/2017. Response to Cross Motionsdue by 8/4/2017. Reply to Cross Motion due by 9/15/2017. Summary Judgment motion due by 5/22/2017. Response to Motion for Summary Judgment due by 6/19/2017. Reply to Motion for Summary Judgment due by 8/4/2017. (tb) (Entered: 04/05/2017)
2017-05-2213MOTION for Summary Judgment by FEDERAL BUREAU OF INVESTIGATION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Text of Proposed Order)(Field, Brian) (Entered: 05/22/2017)
2017-06-1614Consent MOTION to Vacate the Briefing Schedule by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Text of Proposed Order)(Scott, Jeramie) (Entered: 06/16/2017)
2017-06-19MINUTE ORDER: Granting 14 Motion to Vacate. The briefing schedule in this action is hereby VACATED. The parties shall file a Joint Status report and proposed order by July 31, 2017. Signed by Judge Tanya S. Chutkan on 6/19/17. (DJS) (Entered: 06/19/2017)
2017-06-20Set/Reset Deadlines: Joint Status Report due by 7/31/2017. (tb) (Entered: 06/20/2017)
2017-07-3115STIPULATION of Dismissal and Notice of Settlement by FEDERAL BUREAU OF INVESTIGATION. (Field, Brian) (Entered: 07/31/2017)
2017-08-0116ORDER OF DISMISSAL: Dismissing action with prejudice. Signed by Judge Tanya S. Chutkan on 8/1/17. (DJS) (Entered: 08/01/2017)
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by FOIA Project Staff