Skip to content

Case Detail

[Subscribe to updates]
Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01438
Date Filed2017-07-19
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted three FOIA requests to U.S. Customs and Border Protection for records concerning various aspects of the agency's biometric entry and exit program. EPIC also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. CUSTOMS AND BORDER PROTECTION
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

2017-07-191COMPLAINT against CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number 0090-5038895) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Customs and Border Protection, # 4 Summons US Attorney)(Scott, Jeramie) (Entered: 07/19/2017)
2017-07-192Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 07/19/2017)
2017-07-20Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 07/20/2017)
2017-07-203SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 07/20/2017)
2017-08-014RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/31/2017. (Scott, Jeramie) (Entered: 08/01/2017)
2017-08-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/30/2017. (Scott, Jeramie) (Entered: 08/02/2017)
2017-08-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 7/28/2017 (Scott, Jeramie) (Entered: 08/02/2017)
2017-08-307NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Schaefer, Daniel) (Entered: 08/30/2017)
2017-08-308Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/30/2017)
2017-08-31MINUTE ORDER granting Defendant's 8 Consent Motion for Extension of Time. On or before October 16, 2017, the parties shall file a Joint Status Report and proposed schedule for further proceedings. Defendant's responsive pleading is now due on or before October 27, 2017. Signed by Judge Amit P. Mehta on 08/31/2017. (lcapm1) (Entered: 08/31/2017)
2017-08-31Set/Reset Deadlines/Hearings: Joint Status Report due by 10/16/2017. Responsive pleading due by 10/27/2017. (zcdw) (Entered: 08/31/2017)
2017-10-169Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/16/2017)
2017-10-2010STIPULATION of Dismissal of certain claims by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 10/20/2017)
2017-10-25MINUTE ORDER: In light of the parties' 9 Joint Status Report, the court enters the following schedule for further proceedings in this matter. Defendant shall complete processing of the documents in response to the Iris Recognition FOIA Request on or before December 8, 2017. On or before January 8, 2018, the parties shall file a Joint Status Report that sets forth a proposed schedule for further proceedings and, should the parties be unable to resolve this litigation, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 10/25/2017. (lcapm1) (Entered: 10/25/2017)
2017-10-25Set/Reset Deadlines/Hearings: Joint Status Report due by 1/8/2018. (cdw) (Entered: 10/26/2017)
2017-10-2711ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Schaefer, Daniel) (Entered: 10/27/2017)
2017-11-02Case directly reassigned to Judge Trevor N. McFadden. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2017-11-21MINUTE ORDER: In light of the recent assignment of this case to Judge McFadden, the parties are advised that the pre-existing schedule for this case remains in effect. The parties shall comply with all deadlines as previously ordered. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/21/2017. (lctnm3) (Entered: 11/21/2017)
2018-01-0812Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Scott, Jeramie) (Entered: 01/08/2018)
2018-01-09MINUTE ORDER. Pursuant to the parties' 12 Joint Status Report, the Defendant is directed to produce a draft Vaughn index to Plaintiff on or before February 7, 2018. The parties are further directed to file a Joint Status Report on or before February 14, 2018 setting forth a proposed schedule for subsequent proceedings, including a proposed briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/9/2018. (lctnm3) (Entered: 01/09/2018)
2018-01-10Set/Reset Deadlines: Defendant's draft Vaughn Index due to Plaintiff by 2/7/2018. Joint Status Report due by 2/14/2018. (hmc) (Entered: 01/10/2018)
2018-02-1413Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Scott, Jeramie) (Entered: 02/14/2018)
2018-02-14MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the parties are directed to file a further Joint Status Report on or before March 16, 2018 setting forth a proposed schedule for subsequent proceedings, including, if necessary, a proposed briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/14/2018. (lctnm3) (Entered: 02/14/2018)
2018-02-15Set/Reset Deadlines: A further Joint Status Report due by 3/16/2018. (hmc) (Entered: 02/15/2018)
2018-02-2814NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 02/28/2018)
2018-03-1615Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Scott, Jeramie) (Entered: 03/16/2018)
2018-03-19MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties are directed to file a further Joint Status Report on or before April 16, 2018 setting forth a proposed schedule for subsequent proceedings, including, if necessary, a proposed briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/19/2018. (lctnm3) (Entered: 03/19/2018)
2018-03-19Set/Reset Deadlines: A further Joint Status Report due by 4/16/2018. (hmc) (Entered: 03/19/2018)
2018-04-1616Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/16/2018)
2018-04-16MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall, before or on May 9, 2018, submit a further joint status report including a recommendation for further proceedings in this matter. Signed by Judge Trevor N. McFadden on 4/16/2018. (lctnm3) (Entered: 04/16/2018)
2018-04-17Set/Reset Deadlines: Joint Status Report due by 5/9/2018. (hmc) (Entered: 04/17/2018)
2018-04-2317STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/20/2018. (lctnm3) (Entered: 04/23/2018)
2018-05-0918Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/09/2018)
2018-05-10MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall, before or on June 25, 2018, submit a further joint status report on the progress of the parties' discussions, including the parties' views on the likelihood that this matter can be resolved without summary judgment briefing, and, if necessary, propose a briefing schedule. Signed by Judge Trevor N. McFadden on 5/10/2018. (lctnm3) (Entered: 05/10/2018)
2018-05-10Set/Reset Deadlines: A further Joint Status Report is due by 6/25/2018. (hmc) (Entered: 05/10/2018)
2018-06-2519Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/25/2018)
2018-06-26MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall, before or on July 30, 2018, submit a further joint status report on the progress of the parties' discussions and the parties' views on the likelihood that this matter can be resolved without summary judgment briefing. If appropriate, the parties shall propose a briefing schedule. Signed by Judge Trevor N. McFadden on 6/25/2018. (lctnm3) (Entered: 06/26/2018)
2018-06-26Set/Reset Deadlines: A further Joint Status Report is due by 7/30/2018. (hmc) (Entered: 06/26/2018)
2018-07-3020Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/30/2018)
2018-07-31MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties will file a further status update recommending the course of proceedings on or before October 12, 2018. Signed by Judge Trevor N. McFadden on 7/30/2018. (lctnm3) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: A further Joint Status Report is due by 10/12/2018. (hmc) (Entered: 07/31/2018)
2018-10-1221ENTERED IN ERROR.....Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel); Modified text on 10/18/2018 (tth). (Entered: 10/12/2018)
2018-10-1522Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/15/2018)
2018-10-16MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that a further update shall be filed on or before November 19, 2018. This update shall propose a schedule for further proceedings as necessary. Signed by Judge Trevor N. McFadden on 10/16/2018. (lctnm3) (Entered: 10/16/2018)
2018-10-17Set/Reset Deadlines: Joint Status Report due by 11/19/2018. (hmc) (Entered: 10/17/2018)
2018-10-18NOTICE OF CORRECTED DOCKET ENTRY: re 21 Status Report was entered in error and refiled correctly as Docket Entry 22 . (tth) (Entered: 10/18/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar