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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. FEDERAL TRADE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00942
Date Filed2018-04-20
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to the Federal Trade Commission for records concerning Facebook's biennial assessments as required by a previous consent order. The agency acknowledged receipt of the request and told EPIC that unusual circumstances would prevent the agency from responding within the statutory time limit. The agency also told EPIC that records responsive to some parts of its request had been posted on the FTC website. However, those records, released in response to a previous FOIA request, were heavily redacted under Exemption 3 (other statutes) and Exemption 4 (confidential business information). After hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFEDERAL TRADE COMMISSION
DefendantFACEBOOK, INC.
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

2018-04-201COMPLAINT against FEDERAL TRADE COMMISSION ( Filing fee $ 400 receipt number 0090-5434972) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Federal Trade Commission, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons U.S. Attorney General)(Butler, Alan) (Entered: 04/20/2018)
2018-04-202Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 04/20/2018)
2018-04-203NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 04/20/2018)
2018-04-20Case Assigned to Judge Timothy J. Kelly. (zsth) (Entered: 04/23/2018)
2018-04-234SUMMONS (3) Issued Electronically as to FEDERAL TRADE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 04/23/2018)
2018-05-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 5/24/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/30/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL TRADE COMMISSION served on 4/30/2018 (Attachments: # 1 Certificate of Service Attorney General, # 2 Certificate of Service Federal Trade Commission)(Butler, Alan) (Entered: 05/10/2018)
2018-05-246ANSWER to Complaint by FEDERAL TRADE COMMISSION.(Nebeker, William) (Entered: 05/24/2018)
2018-06-05MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by June 26, 2018. Signed by Judge Timothy J. Kelly on 6/5/2018. (lctjk3) (Entered: 06/05/2018)
2018-06-05Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 6/26/2018. (kh) (Entered: 06/05/2018)
2018-06-267Interim STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 06/26/2018)
2018-06-28MINUTE ORDER: Upon review of the 7 Joint Status Report filed by the parties, it is hereby ORDERED that the parties shall file another joint status report by July 26, 2018. Signed by Judge Timothy J. Kelly on 6/28/2018. (lctjk3) (Entered: 06/28/2018)
2018-07-268Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 07/26/2018)
2018-07-30MINUTE ORDER: Upon review of the 8 Joint Status Report filed by the parties, it is hereby ORDERED that the parties shall file another joint status report by October 20, 2018. Signed by Judge Timothy J. Kelly on 7/30/2018. (lctjk3) (Entered: 07/30/2018)
2018-10-199Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 10/19/2018)
2018-10-19MINUTE ORDER: Upon review of the 9 Joint Status Report filed by the parties, it is hereby ORDERED that the parties shall file another joint status report by November 19, 2018. Signed by Judge Timothy J. Kelly on 10/19/2018. (lctjk3) (Entered: 10/19/2018)
2018-10-19Set/Reset Deadlines/Hearings: Status Report due by 11/19/2018. (jl) (Entered: 10/19/2018)
2018-11-1910Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 11/19/2018)
2018-11-20MINUTE ORDER: In light of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 18, 2019. Signed by Judge Timothy J. Kelly on 11/20/2018. (lctjk3) (Entered: 11/20/2018)
2019-01-1811Consent MOTION to Stay , Consent MOTION for Extension of Time to All Deadlines by FEDERAL TRADE COMMISSION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/18/2019)
2019-01-22MINUTE ORDER: It is hereby ORDERED, nunc pro tunc, that the January 18, 2019 deadline for the parties to submit their next joint status report is VACATED. It is further ORDERED that the parties shall file their next joint status report by February 18, 2019. Signed by Judge Timothy J. Kelly on 1/22/2019. (lctjk3) (Entered: 01/22/2019)
2019-01-28MINUTE ORDER denying Defendant's 11 Consent Motion to Stay. Given the restoration of funding to the Department of Justice, it is hereby ORDERED that Defendant's motion to stay the case is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/28/2019. (lctjk3) (Entered: 01/28/2019)
2019-02-2012STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 02/20/2019)
2019-02-22MINUTE ORDER: In light of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 8, 2019. Signed by Judge Timothy J. Kelly on 2/22/2019. (lctjk1) (Entered: 02/22/2019)
2019-03-0713Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 03/07/2019)
2019-03-08MINUTE ORDER: In light of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 12, 2019. Signed by Judge Timothy J. Kelly on 3/8/2019. (lctjk3) (Entered: 03/08/2019)
2019-04-1214Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 04/12/2019)
2019-04-15MINUTE ORDER: In light of the parties' 14 Joint Status Report, it is hereby ORDERED that Facebook shall file any motion to intervene under Fed. R. Civ. P. 24(a) by May 3, 2019; Plaintiff shall file any opposition by June 14, 2019; and Facebook shall file any reply in support of its motion by July 12, 2019. Signed by Judge Timothy J. Kelly on 4/15/2019. (lctjk3) (Entered: 04/15/2019)
2019-05-0315MOTION to Intervene by FACEBOOK, INC. (Attachments: # 1 Exhibit Proposed Answer, # 2 Exhibit Corporate Disclosure Statement, # 3 Exhibit Proposed Order, # 4 Certificate of Service)(Lipshutz, Joshua) (Entered: 05/03/2019)
2019-05-0316NOTICE of Appearance by Joshua S. Lipshutz on behalf of FACEBOOK, INC. (Attachments: # 1 Certificate of Service)(Lipshutz, Joshua) (Entered: 05/03/2019)
2019-05-0317NOTICE of Appearance by Christopher Brett Leach on behalf of FACEBOOK, INC. (Attachments: # 1 Certificate of Service)(Leach, Christopher) (Entered: 05/03/2019)
2019-06-1418Memorandum in opposition to re 15 MOTION to Intervene filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 List of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Butler, Alan) (Entered: 06/14/2019)
2019-07-1219REPLY to opposition to motion re 15 MOTION to Intervene filed by FACEBOOK, INC.. (Attachments: # 1 Certificate of Service)(Lipshutz, Joshua) (Entered: 07/12/2019)
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by FOIA Project Staff
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