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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01268
Date Filed2018-05-30
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Information Privacy Center submitted a FOIA request to the Department of Homeland Security for records concerning its preparation of a Privacy Impact Assessment for media monitoring services. EPIC also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and granted EPIC's request for a fee waiver and expedited processing. 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

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-301COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5508046) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, District of Columbia, # 3 Summons U.S. Department of Homeland Security, # 4 Summons U.S. Attorney General, # 5 Exhibit Nos. 13)(Butler, Alan) (Entered: 05/30/2018)
2018-05-302Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 05/30/2018)
2018-06-01Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 06/01/2018)
2018-06-013SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/01/2018)
2018-06-224ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/5/2018. (Attachments: # 1 Certificate of Service as to Attorney General, # 2 Certificate of Service as to Department of Homeland Security)(Butler, Alan) Modified on 6/25/2018 (zjf). (Entered: 06/22/2018)
2018-06-25NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 4 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error and counsel was instructed to refile said pleading using the correct event. (jf) (Entered: 06/25/2018)
2018-06-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 7/5/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/11/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/8/2018 (Attachments: # 1 Certificate of Service, # 2 Certificate of Service)(Butler, Alan) (Entered: 06/25/2018)
2018-07-056NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Schaefer, Daniel) (Entered: 07/05/2018)
2018-07-057Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/05/2018)
2018-07-09MINUTE ORDER granting, for good cause shown, 7 Consent Motion for Extension of Time to Answer, nunc pro tunc. It is hereby ORDERED that Defendant shall answer or otherwise respond to the complaint on or before 7/19/2018. Signed by Judge Ketanji Brown Jackson on 07/09/2018. (lckbj1) (Entered: 07/09/2018)
2018-07-118ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Schaefer, Daniel) (Entered: 07/11/2018)
2018-09-049GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 9/4/2018. (lckbj1) (Entered: 09/04/2018)
2018-09-04MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 9 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 9/18/2018. Signed by Judge Ketanji Brown Jackson on 09/4/2018. (lckbj1) (Entered: 09/04/2018)
2018-09-06Set/Reset Deadlines: Proposed Briefing Schedule due by 9/18/2018 (tj) (Entered: 09/06/2018)
2018-09-1810Joint STATUS REPORT and Proposed Schedule for Disclosure by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/18/2018)
2018-09-18MINUTE ORDER. In light of the representations in the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 10/12/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/18/2018. (lckbj1) (Entered: 09/18/2018)
2018-10-1211Joint STATUS REPORT and Proposed Schedule by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order from Defendant, # 2 Text of Proposed Order from Plaintiff)(Butler, Alan) (Entered: 10/12/2018)
2018-10-15MINUTE ORDER. In light of the representations on the parties' 11 Joint Status Report and Proposed Schedule, it is hereby ORDERED that DHS shall complete its review and release all responsive, non-exempt records, or portions of records, to Plaintiff on or before 11/16/2018. It is FURTHER ORDERED that the parties shall file a further Joint Status Report on or before 11/30/2018, which shall contain a joint proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 10/15/2018. (lckbj1) (Entered: 10/15/2018)
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