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Case TitleGREENPEACE, INC. v. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00479
Date Filed2017-03-16
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffGREENPEACE, INC.
Case DescriptionGreenpeace submitted a FOIA request to the Department of Homeland Security's National Protection and Programs Directorate for records concerning a list of chemical facilities no longer considered high risk. The agency provided an interim response that it had located 123 pages but was withholding them entirely under Exemption 5 (privileges), Exemption 7(E) (investigative method and techniques), and Exemption 7(F) (harm to any person). Greenpeace filed an administrative appeal. The appeals office agreed with Greenpeace and told the agency to reprocess the request. However, the agency provided Greenpeace a list with most information redacted under Exemption 7(F). Greenpeace appealed that decision once more, but the appeals officer indicated it had no authority for force the agency to comply with its decision. Greenpeace then filed suit.
Complaint issues: Exemption 7(F) - Harm to safety of any person, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantNATIONAL PROTECTION AND PROGRAMS DIRECTORATE
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

2017-03-161COMPLAINT against Department of Homeland Security ( Filing fee $ 400 receipt number 0090-4878214) filed by GREENPEACE, INC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Attorney General, # 3 Summons for U.S. Attorney, # 4 Summons for DHS, # 5 Sumnmons for NPPD)(Nelson, Scott) Modified on 3/17/2017 to correct docket text (jd). (Entered: 03/16/2017)
2017-03-162Corporate Disclosure Statement by GREENPEACE, INC.. (Nelson, Scott) (Entered: 03/16/2017)
2017-03-163NOTICE of Appearance by Scott Lawrence Nelson on behalf of GREENPEACE, INC. (Nelson, Scott) (Entered: 03/16/2017)
2017-03-16Case Assigned to Judge Colleen Kollar-Kotelly. (jd) (Entered: 03/17/2017)
2017-03-174SUMMONS (4) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 03/17/2017)
2017-03-175ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on March 17, 2017. (NS) (Entered: 03/17/2017)
2017-03-296NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 03/29/2017)
2017-04-137Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/13/2017)
2017-04-19MINUTE ORDER. The Court is in receipt of Defendant's 7 Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. Defendant seeks an extension of 30 days to respond to the Complaint because defense counsel needs additional time to review the Complaint and the evidence, and to confer with applicable agencies. This is the first request for an extension in this case, and Plaintiff does not oppose it. Accordingly, Defendant's motion is GRANTED. Defendant shall respond to Plaintiff's Complaint by no later than MAY 22, 2017. Signed by Judge Colleen Kollar-Kotelly on 4/19/2017. (lcckk3) (Entered: 04/19/2017)
2017-04-19Set/Reset Deadlines: Answer due by 5/22/2017. (dot) (Entered: 04/25/2017)
2017-05-168NOTICE of Appearance by Sean M. Sherman on behalf of All Plaintiffs (Sherman, Sean) (Entered: 05/16/2017)
2017-05-179MOTION for Summary Judgment by GREENPEACE, INC. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Rick Hind and Accompanying Exhibits)(Sherman, Sean) (Entered: 05/17/2017)
2017-05-17MINUTE ORDER. The Court is in receipt of Plaintiff's 9 Motion for Summary Judgment. Plaintiff's motion is premature, given that Defendant has not yet responded to the Complaint, and is not required to do so until May 22, 2017. Plaintiff's motion is accordingly DENIED WITHOUT PREJUDICE. After Defendant has responded to the Complaint, the Court will set a schedule for proceeding in this matter. Signed by Judge Colleen Kollar-Kotelly on 5/17/2017. (lcckk3) (Entered: 05/17/2017)
2017-05-1810MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/18/2017)
2017-05-19MINUTE ORDER. The Court is in receipt of Defendant's 10 Consent Motion for Extension of Time to File Motion for Summary Judgment. There is no current deadline by which Defendant is required to file a motion for summary judgment. Defendant has not yet answered or otherwise responded to the Complaint. Defendant is currently required to do so by May 22, 2017. The Court will accordingly interpret Defendant's motion as a motion to extend the time to respond to the complaint. This is the second such request Defendant has made, and Defendant concedes that its motion is untimely. Nonetheless, Plaintiff consents to the relief requested and the Court will GRANT Defendant's motion. Defendant may answer or otherwise respond to the Complaint by JUNE 21, 2017. As the Court has already explained, after Defendant has responded to the Complaint, the Court will set a schedule for proceeding in this matter, including any necessary briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 5/19/2017. (lcckk3) (Entered: 05/19/2017)
2017-05-19Set/Reset Deadlines: Defendant may Answer or otherwise respond to the Complaint by 6/21/2017. (dot) (Entered: 05/19/2017)
2017-06-2111MOTION to Dismiss or, in the Alternative, , MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration, # 5 Declaration, # 6 Declaration)(Rogers, Joshua) (Entered: 06/21/2017)
2017-06-22MINUTE ORDER. The Court is in receipt of Defendant's 11 Motion to Dismiss or, in the Alternative, for Summary Judgment. Plaintiff shall file a response to Defendant's motion by no later than JULY 5, 2017. Defendant shall file a reply by no later than JULY 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 6/22/2017. (lcckk3) (Entered: 06/22/2017)
2017-06-22Set/Reset Deadlines: Plaintiff's Response to 11 due by 7/5/2017. Reply due by 7/12/2017. (dot) (Entered: 06/22/2017)
2017-06-2812MOTION to Modify the Court's Scheduling Order by DEPARTMENT OF HOMELAND SECURITY, NATIONAL PROTECTION AND PROGRAMS DIRECTORATE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 06/28/2017)
2017-06-29MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Motion to Modify the Court's Scheduling Order. The Court perceives that this pleading has an error. The first proposed deadline is for Defendant to file an opposition to Plaintiff's motion for summary judgment, but Plaintiff does not have a currently pending motion for summary judgment on the docket (that motion was denied without prejudice). It is Defendant who has a pending 11 Motion to Dismiss or, in the Alternative, for Summary Judgment. Yet the first due date suggested by the parties is for Defendant to respond to a motion of the Plaintiff. Accordingly, the Court will DENY the parties' motion WITHOUT PREJUDICE. The parties shall file another joint proposed schedule which either (1) sets dates for the briefing of Defendant's 11 motion and for the filing and briefing of Plaintiff's cross-motion, or (2) sets an initial date for Plaintiff to file a motion for summary judgment, and then follows the course proposed by the parties in their currently-proposed schedule. After the parties file such a proposed schedule, the Court will enter its Scheduling and Procedures Order, which sets forth in detail the Court's requirements for dispositive motions. Signed by Judge Colleen Kollar-Kotelly on 6/29/2017. (lcckk3) (Entered: 06/29/2017)
2017-06-2913Joint MOTION to Modify the Court's Scheduling Order (Corrected) by GREENPEACE, INC. (Attachments: # 1 Text of Proposed Order)(Sherman, Sean) (Entered: 06/29/2017)
2017-06-30MINUTE ORDER. The Court is in receipt of the parties' 13 Corrected Joint Motion to Modify the Court's Scheduling Order. On June 21, 2017, Defendant filed a Motion to Dismiss or, in the Alternative, for Summary Judgment. On June 22, 2017, the Court ordered Plaintiff to file a response to Defendant's motion by no later than July 5, 2017, and ordered Defendant to file a reply by no later than July 12, 2017. The parties now request that the Court modify this schedule to allow for Plaintiff's dispositive motion to be considered together with the Defendant's pending motion. The parties' motion is GRANTED. Plaintiff's Opposition to Defendant's Motion to Dismiss or, in the alternative, for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment shall be filed by no later than JULY 21, 2017. Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment and Defendants Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss or, in the alternative, for Summary Judgment shall be filed by no later than AUGUST 28, 2017. Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed by no later than SEPTEMBER 22, 2017. The Joint Appendix shall be filed by OCTOBER 13, 2017. Signed by Judge Colleen Kollar-Kotelly on 6/30/2017. (lcckk3) (Entered: 06/30/2017)
2017-06-30Set/Reset Deadlines: Plaintiff's Cross Motion due by 7/21/2017. Response to Cross Motions due by 8/28/2017. Reply to Cross Motions due by 9/22/2017. Plaintiff's Response to 7 Motion for Summary Judgment due by 7/21/2017. Reply to Motion for Summary Judgment due by 8/28/2017. Joint Appendix due by 10/13/2017. (dot) (Entered: 06/30/2017)
2017-07-2014MOTION for Summary Judgment by GREENPEACE, INC. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Rick Hind and accompanying exhibits, # 3 Declaration of Paul Orum and accompanying exhibits, # 4 Declaration of Gerald Poje, # 5 Declaration of Sean Sherman)(Sherman, Sean) (Entered: 07/20/2017)
2017-07-2015Memorandum in opposition to re 11 MOTION to Dismiss or, in the Alternative, MOTION for Summary Judgment filed by GREENPEACE, INC.. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Rick Hind and accompanying exhibits, # 3 Declaration of Paul Orum and accompanying exhibit, # 4 Declaration of Gerald Poje, # 5 Declaration of Sean Sherman)(Sherman, Sean) (Entered: 07/20/2017)
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by FOIA Project Staff