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Case TitleELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF COMMERCE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02567
Date Filed2017-11-30
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionThe Electronic Frontier Foundation submitted FOIA requests to the Commerce Department's National Institute of Standards and Technology for records concerning the creation and administration of the Tattoo Recognition Technology Program. EFF also requested expedited processing, news media status, and a fee waiver. NIST located 180 pages and released 144 pages, withholding records under a variety of exemptions. EFF filed an administrative appeal. EFF also submitted a second FOIA request to NIST for records on tattoo recognition technology sent to the Human Subjects Review Group and the Human Subjects Protection Office. NIST acknowledged receipt of the request, but after it failed to respond, EFF filed an administrative appeal. After hearing nothing further from the agency, EFF filed suit, including claims against the FBI and the Department of Homeland Security for records that were referred to those agencies.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Media or Educational, Litigation - Attorney's fees

DefendantDEPARTMENT OF COMMERCE
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
TERMINATED: 01/16/2018
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-301COMPLAINT against DEPARTMENT OF COMMERCE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5227047) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Dept. of Commerce, # 3 Summons Dept. of Justice, # 4 Summons US Attorney General, # 5 Summons US Attorney, # 6 Summons Dept. Homeland Security)(Sobel, David) (Entered: 11/30/2017)
2017-11-302Corporate Disclosure Statement by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 11/30/2017)
2017-11-30Case Assigned to Judge Amy Berman Jackson. (zsth) (Entered: 11/30/2017)
2017-11-303SUMMONS (5) Issued Electronically as to DEPARTMENT OF COMMERCE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 11/30/2017)
2017-12-084RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/6/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 1/5/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/6/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF COMMERCE served on 12/6/2017; DEPARTMENT OF HOMELAND SECURITY served on 12/6/2017; DEPARTMENT OF JUSTICE served on 12/6/2017 (Attachments: # 1 Affidavit of Mailing and Service)(Sobel, David) (Entered: 12/08/2017)
2017-12-125NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 12/12/2017)
2018-01-046Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF COMMERCE, DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 01/04/2018)
2018-01-04MINUTE ORDER granting 6 Motion for Extension of Time to Answer. Defendants must file a responsive pleading by February 5, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/4/2018. (lcabj2) (Entered: 01/04/2018)
2018-01-167NOTICE of Voluntary Dismissal re Department of Homeland Security (Sobel, David) (Entered: 01/16/2018)
2018-02-058ANSWER to 1 Complaint by DEPARTMENT OF COMMERCE, DEPARTMENT OF JUSTICE.(Taaffe, Damon) Modified to add link on 2/6/2018 (znmw). (Entered: 02/05/2018)
2018-02-059ORDER. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff on or before March 5, 2018. See Order for complete details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/5/2018. (lcabj2) (Entered: 02/05/2018)
2018-02-06Set/Reset Deadlines: Defendants' Dispositive Motion or, in the alternative, a report setting forth the schedule for the completion of their production of documents to plaintiff, due on or before 3/5/2018. (kt) (Entered: 02/06/2018)
2018-03-0110NOTICE of Appearance by Jason Todd Cohen on behalf of All Defendants (Cohen, Jason) (Entered: 03/01/2018)
2018-03-0511STATUS REPORT by DEPARTMENT OF COMMERCE, DEPARTMENT OF JUSTICE. (Cohen, Jason) (Entered: 03/05/2018)
2018-03-06MINUTE ORDER. The parties must file a joint status report by May 4, 2018 informing the Court of the status of the production of documents. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/6/2018. (lcabj2) (Entered: 03/06/2018)
2018-05-0412Joint STATUS REPORT by DEPARTMENT OF COMMERCE, DEPARTMENT OF JUSTICE. (Cohen, Jason) (Entered: 05/04/2018)
2018-05-07MINUTE ORDER. The parties must file a joint status report by July 3, 2018 informing the Court of the status of the production of documents. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/7/2018. (lcabj2) (Entered: 05/07/2018)
2018-07-0313Joint STATUS REPORT by DEPARTMENT OF COMMERCE, DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 07/03/2018)
2018-07-05MINUTE ORDER. The parties must file a joint status report by September 4, 2018 informing the Court of the status of the production of documents. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/5/2018. (lcabj2) (Entered: 07/05/2018)
2018-08-3114Joint STATUS REPORT by DEPARTMENT OF COMMERCE, DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 08/31/2018)
2018-09-05MINUTE ORDER. The parties must file a joint status report by October 1, 2018. Signed by Judge Amy Berman Jackson on 9/5/2018. (lcabj2) (Entered: 09/05/2018)
2018-10-0115Joint STATUS REPORT by DEPARTMENT OF COMMERCE, DEPARTMENT OF JUSTICE. (Taaffe, Damon) (Entered: 10/01/2018)
2018-10-02MINUTE ORDER. Defendants' motion for summary judgment is due January 11, 2019; plaintiff's cross-motion for summary judgment and opposition is due February 11, 2019; defendants' opposition and reply is due March 11, 2019; and plaintiff's reply is due April 8, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/2/18. (lcabj2) (Entered: 10/02/2018)
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