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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00797
Date Filed2018-04-09
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the use of mobile forensic devices and technologies. EPIC also requested expedited processing, inclusion in the news media fee category and a fee waiver. The agency acknowledged receipt of the request, granted EPIC's request for a fee waiver, but denied its request for expedited processing. EPIC filed an administrative appeal of the agency's denial of expedited processing. After hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
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

2018-04-091COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5411794) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons Attorney General of the United States, # 4 Summons U.S. Immigration and Customs Enforcement)(Scott, Jeramie) (Entered: 04/09/2018)
2018-04-09Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 04/10/2018)
2018-04-102SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/10/2018)
2018-04-163ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/16/18. (DM) (Entered: 04/16/2018)
2018-05-024NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 05/02/2018)
2018-05-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/25/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/25/2018. (Scott, Jeramie) (Entered: 05/02/2018)
2018-05-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/24/2018. (Scott, Jeramie) (Entered: 05/02/2018)
2018-05-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/23/2018 (Scott, Jeramie) (Entered: 05/02/2018)
2018-05-098NOTICE of Appearance by Joshua L. Rogers on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Rogers, Joshua) (Entered: 05/09/2018)
2018-05-239MOTION for Extension of Time to File Answer by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/23/2018)
2018-05-24MINUTE ORDER. The Court is in receipt of Defendant's 9 Motion for Extension of Time. Defendant requests an extension of time until June 25, 2018 to file an answer or other response to Plaintiff's Complaint because defense counsel is busy with other matters. This is the first motion for an extension of this deadline. As Defendant acknowledges, however, this motion was not filed in a timely manner. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 4 at 3. Defense counsel represents that he has been unable to obtain Plaintiff's position on this motion. By no later than MAY 25, 2018, Plaintiff shall file a notice with the Court indicating whether it consents to this motion. Signed by Judge Colleen Kollar-Kotelly on 5/24/2018. (lcckk3) (Entered: 05/24/2018)
2018-05-24Set/Reset Deadlines: Plaintiff's notice to the Court due by 5/25/2018. (kt) (Entered: 05/24/2018)
2018-05-2510NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 05/25/2018)
2018-05-2511Memorandum in opposition to re 9 MOTION for Extension of Time to File Answer filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 05/25/2018)
2018-05-2512REPLY re 9 MOTION for Extension of Time to File Answer filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 05/25/2018)
2018-05-30MINUTE ORDER. The Court is in receipt of Defendant's 9 Motion for Extension of Time. Defendant requests a 31-day extension of time until June 25, 2018 to file an answer or other response to Plaintiff's Complaint because defense counsel is busy with other matters. This is the first motion for an extension of this deadline. As Defendant acknowledges, however, this motion was not filed in a timely manner. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 4 at 3. Plaintiff opposes Defendant's Motion. Plaintiff argues that Defendant has not set forth adequate grounds for a 31-day extension. Plaintiff would, however, consent to a 14-day extension. Defense counsel has filed a reply to Plaintiff's Opposition, indicating that he also recently underwent an unexpected medical procedure and has been called for jury duty in early June. The Court finds that there are adequate grounds for the requested extension and will GRANT Defendant's Motion NUNC PRO TUNC. Defendant shall respond to Plaintiff's Complaint by no later than JUNE 25, 2018. No further extensions will be granted. Signed by Judge Colleen Kollar-Kotelly on 5/30/2018. (lcckk3) (Entered: 05/30/2018)
2018-05-30Set/Reset Deadlines: Answer to Complaint due by 6/25/2018. (dot) (Entered: 05/31/2018)
2018-06-2113ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Rogers, Joshua) (Entered: 06/21/2018)
2018-06-2214ORDER. The parties shall file a Joint Status Report by no later than JULY 13, 2018. Signed by Judge Colleen Kollar-Kotelly on 6/22/2018. (lcckk3) (Entered: 06/22/2018)
2018-06-22Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (dot) (Entered: 06/22/2018)
2018-07-1215Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 07/12/2018)
2018-07-13MINUTE ORDER. The Court is in receipt of the parties' 15 Joint Status Report. The parties represent that Defendant will begin to produce records to Plaintiff within the next 30 days and will thereafter release records on a rolling monthly basis. The parties will meet and confer to set a production schedule before the next Joint Status Report is filed. The parties are ORDERED to file another Joint Status Report by no later than SEPTEMBER 12, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 7/13/2018. (lcckk3) (Entered: 07/13/2018)
2018-07-13Set/Reset Deadlines: Joint Status Report due by 9/12/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. (dot) (Entered: 07/13/2018)
2018-09-1216Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 09/12/2018)
2018-09-14MINUTE ORDER. The Court is in receipt of the parties' 16 Joint Status Report. The parties represent that Defendant has released some documents responsive to Plaintiff's FOIA request. Defendant has also collected additional documents which are potentially responsive. The parties have agreed to a rolling release schedule of three monthly productions, concluding October 31, 2018. The first set of productions was due August 2018, but production was delayed as Defendant was required to consult with a separate federal agency. The records will still be produced by the agreed upon deadline of October 31, 2018. The parties are ORDERED to file another Joint Status Report by no later than NOVEMBER 14, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. The parties are further ORDERED to file additional Joint Status Reports every 60 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 09-14-2018. (lcckk3) (Entered: 09/14/2018)
2018-09-14Set/Reset Deadlines: Joint Status Report due by 11/14/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. (dot) (Entered: 09/19/2018)
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