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Case TitleELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01039
Date Filed2017-05-31
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionThe Electronic Frontier Foundation submitted a FOIA request to the FBI for records concerning the use of informants at Best Buy facilities. EFF also requested inclusion in the news media fee category. The FBI told EFF that it would neither confirm nor deny the existence of records concerning an investigation. EFF filed an administrative appeal with the Office of Information Policy, but after hearing nothing further from the agency, EFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Media or Educational, Litigation - Attorney's fees

DefendantDEPARTMENT OF JUSTICE
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

2017-05-311COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4971529) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons US Attorney, # 4 Summons Department of Justice)(Sobel, David) (Entered: 05/31/2017)
2017-05-312Corporate Disclosure Statement by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 05/31/2017)
2017-05-31Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 05/31/2017)
2017-05-313SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 05/31/2017)
2017-06-094RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 6/6/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/6/2017. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/6/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/6/2017. (Attachments: # 1 Affidavit of Mailing and Service)(Sobel, David) Modified on 6/12/2017 to add service dates for US Attorney General and Federal Defendant(zrdj). (Entered: 06/09/2017)
2017-07-065NOTICE of Appearance by Michael Leon Drezner on behalf of DEPARTMENT OF JUSTICE (Drezner, Michael) (Entered: 07/06/2017)
2017-07-066ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Drezner, Michael) (Entered: 07/06/2017)
2017-07-06MINUTE ORDER: Before the Court in this FOIA case are 1 a complaint and 6 an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by July 21, 2017. Signed by Judge Christopher R. Cooper on 7/6/2017. (lccrc2) (Entered: 07/06/2017)
2017-07-07Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 7/21/2017 (lsj) (Entered: 07/07/2017)
2017-07-207Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Drezner, Michael) (Entered: 07/20/2017)
2017-07-21MINUTE ORDER: In light of 7 parties' Joint Status Report, it is hereby ORDERED that the summary-judgement briefing schedule shall be established as follows: Defendant shall file its motion for summary judgment on or by September 22, 2017; Plaintiff shall file its cross-motion for summary judgment and opposition on or by October 23, 2017; Defendant shall file its reply and opposition on or by December 1, 2017; and Plaintiff shall file its reply on or by December 15, 2017. Signed by Judge Christopher R. Cooper on 7/21/2017. (lccrc2) (Entered: 07/21/2017)
2017-07-21Set/Reset Deadlines: Defendant's Summary Judgment motion due by 9/22/2017. Plaintiff's Response to Motion for Summary Judgment/Cross Motion due by 10/23/2017. Defendant's Reply to Motion for Summary Judgment due by 12/1/2017. Reply due by 12/15/2017 (hs) (Entered: 07/21/2017)
2017-09-118Joint MOTION to Vacate Order,, Setting Summary Judgment Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 09/11/2017)
2017-09-13MINUTE ORDER granting 8 Motion to Vacate Summary Judgment Briefing Schedule. The Court will vacate the current summary judgment briefing schedule. The parties shall file a joint status report on September 22, 2017 updating the Court on the status of the case. The parties shall file a further status report on October 20, 2017 updating the Court on the status of the case and any proposed production or briefing schedule. Signed by Judge Christopher R. Cooper on 9/13/2017. (lccrc2) (Entered: 09/13/2017)
2017-09-229Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 09/22/2017)
2017-10-2010Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Drezner, Michael) (Entered: 10/20/2017)
2017-10-23MINUTE ORDER: In light of 10 the parties' Joint Status Report, it is ORDERED that Defendant shall make a first production of non-exempt portions of responsive records by November 30, 2017; a second production by January 4, 2018; a third production by February 1, 2018; and a fourth production, if needed, by March 1, 2018. It is further ORDERED that the parties shall file joint status reports with the Court every 60 days commencing December 19, 2017. Signed by Judge Christopher R. Cooper on 10/23/2017. (lccrc2) (Entered: 10/23/2017)
2017-10-23Set/Reset Deadlines: Joint Status Report due by 12/19/2017 (lsj) (Entered: 10/23/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
2017-12-1911Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Drezner, Michael) (Entered: 12/19/2017)
2018-01-18MINUTE ORDER. It is hereby ORDERED that the parties shall continue to proceed in compliance with the orders and schedule previously set in this case. Signed by Judge Dabney L. Friedrich on January 18, 2018. (MJS) (Entered: 01/18/2018)
2018-02-2012Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 02/20/2018)
2018-02-21MINUTE ORDER. In light of the parties' 12 joint status report, it is ORDERED that the parties' proposed briefing schedule is adopted. Defendant shall file a motion for summary judgment on or before April 27, 2018; Plaintiff shall file an opposition and cross-motion for summary judgment on or before May 30, 2018; Defendant shall file a reply and opposition on or before July 2, 2018; and Plaintiff shall file a cross-reply on or before July 30, 2018. Signed by Judge Dabney L. Friedrich on February 21, 2018. (MJS) (Entered: 02/21/2018)
2018-02-22Set/Reset Deadlines: Summary Judgment motions due by 4/27/2018. Cross Motion for summary judgment due by 5/30/2018. Reply and opposition due by 7/2/2018. Cross reply due by 7/30/2018. (jl) (Entered: 02/22/2018)
2018-04-2713MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Drezner, Michael) (Entered: 04/27/2018)
2018-05-3014Memorandum in opposition to re 13 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Declaration of David Sobel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Statement of Facts, # 10 Text of Proposed Order)(Sobel, David) (Entered: 05/30/2018)
2018-05-3015Cross MOTION for Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Declaration of David Sobel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Statement of Facts, # 10 Text of Proposed Order)(Sobel, David) (Entered: 05/30/2018)
2018-06-1416Consent MOTION for Extension of Time to File Reply and Opposition by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 06/14/2018)
2018-06-14MINUTE ORDER. Upon consideration of the defendant's 16 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. The defendant's reply and opposition shall be filed on or before July 13, 2018 and the plaintiff's reply shall be filed on or before August 14, 2018. Signed by Judge Dabney L. Friedrich on June 14, 2018. (MJS) (Entered: 06/14/2018)
2018-06-14Set/Reset Deadlines: Defendant's reply and opposition due by 7/13/2018. Plaintiff's reply due by 8/14/2018. (jl) (Entered: 06/15/2018)
2018-07-1317Consent MOTION for Extension of Time to File Response/Reply by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 07/13/2018)
2018-07-18MINUTE ORDER. Upon consideration of the parties' 17 Consent Motion for Extension of Time, it is ORDERED that the motion is GRANTED. The defendant shall file its reply and opposition on or before July 20, 2018, and the plaintiff shall file its reply on or before August 21, 2018. Signed by Judge Dabney L. Friedrich on July 18, 2018. (MJS) (Entered: 07/18/2018)
2018-07-18Set/Reset Deadlines: Reply and opposition due by 7/20/2018. Plaintiff's reply due by 8/21/2018. (jl) (Entered: 07/18/2018)
2018-07-2018RESPONSE re 15 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1- Declaration of Tracey Riley, # 2 Exhibit 2- Supplemental Declaration of David Hardy)(Drezner, Michael) (Entered: 07/20/2018)
2018-07-2019REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1- Declaration of Tracey Riley, # 2 Exhibit 2- Supplemental Declaration of David Hardy)(Drezner, Michael) (Entered: 07/20/2018)
2018-08-1520Consent MOTION for Extension of Time to File Response/Reply as to 15 Cross MOTION for Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 08/15/2018)
2018-08-15MINUTE ORDER granting the plaintiff's 20 consent motion to extend the time for the filing of the plaintiff's reply memorandum by 15 days. It is ORDERED that the plaintiff shall file its reply on or before September 5, 2018. Signed by Judge Dabney L. Friedrich on August 15, 2018. (lcdlf2) (Entered: 08/15/2018)
2018-09-0521REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Declaration Supplemental Declaration of David Sobel, # 2 Exhibit 1 to Supp. Sobel Decl., # 3 Exhibit 2 to Supp. Sobel Decl., # 4 Exhibit 3 to Supp. Sobel Decl., # 5 Exhibit 4 to Supp. Sobel Decl., # 6 Exhibit 5 to Supp. Sobel Decl.)(Sobel, David) (Entered: 09/05/2018)
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