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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01814
Date Filed2018-08-01
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted two FOIA requests to the Executive Office for U.S. Attorneys for records concerning the federal use of 18 U.S.C. Section 2703(d) to obtain cell phone location information. 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

DefendantUNITED STATES DEPARTMENT OF JUSTICE
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

2018-08-011COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-5615934) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Department of Justice, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons Attorney General of the United States)(Butler, Alan) (Entered: 08/01/2018)
2018-08-02Case Assigned to Judge Trevor N. McFadden. (zjd) (Entered: 08/02/2018)
2018-08-022SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 08/02/2018)
2018-08-023STANDING 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. Signed by Judge Trevor N. McFadden on 8/2/2018. (lctnm2) (Entered: 08/02/2018)
2018-09-134NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 09/13/2018)
2018-09-195ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Braswell, Marina) (Entered: 09/19/2018)
2018-09-20MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before October 19, 2018. Signed by Judge Trevor N. McFadden on 9/20/2018. (lctnm2) (Entered: 09/20/2018)
2018-09-20Set/Reset Deadlines: Joint Status Report due by 10/19/2018. (hmc) (Entered: 09/20/2018)
2018-10-196Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 10/19/2018)
2018-10-22MINUTE ORDER. Upon consideration of the parties' 6 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before November 6, 2018, proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. Signed by Judge Trevor N. McFadden on 10/22/2018. (lctnm2) (Entered: 10/22/2018)
2018-10-23Set/Reset Deadlines: Joint Status Report due by 11/6/2018. (hmc) (Entered: 10/23/2018)
2018-11-067Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 11/06/2018)
2018-11-07MINUTE ORDER. On October 22, 2018, the Court entered a minute order instructing the parties to file a Joint Status Report on or before November 6, 2018, to propose a schedule for proceeding in this matter, but the parties have requested additional time to determine the scope of the issues in dispute and to agree upon a schedule. So upon consideration of the parties' 7 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before November 20, 2018, proposing a schedule for proceeding in this matter. As previously instructed, the schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. Signed by Judge Trevor N. McFadden on 11/7/2018. (lctnm2) (Entered: 11/07/2018)
2018-11-07Set/Reset Deadlines: Joint Status Report due by 11/20/2018. (hmc) (Entered: 11/07/2018)
2018-11-208Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 11/20/2018)
2018-11-20MINUTE ORDER. Upon considering the parties' 8 Joint Status Report, it is hereby ordered that the parties shall file a further status report outlining the scope of the issues in dispute and proposing a schedule for further proceedings, including dispositive motions briefing, if necessary, no later than January 7, 2019. Signed by Judge Trevor N. McFadden on 11/20/2018. (lctnm2) (Entered: 11/20/2018)
2018-11-21Set/Reset Deadlines: Joint Status Report due by 1/7/2019. (hmc) (Entered: 11/21/2018)
2019-01-039Consent MOTION to Stay (Defendant's Consent Motion to Stay Proceedings in Light of Lapse of Appropriations) by UNITED STATES DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 01/03/2019)
2019-01-03MINUTE ORDER granting 9 Motion to Stay. Upon considering the Defendant's 9 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/3/2019. (lctnm2) Modified on 1/7/2019 to edit Motion ECF number (hmc). (Entered: 01/03/2019)
2019-01-3010NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF JUSTICE (Braswell, Marina) (Entered: 01/30/2019)
2019-01-31MINUTE ORDER. Upon considering the Defendant's 10 Notice of Restored Government Funding, it is hereby ordered that the stay in this case is lifted. It is further ordered that the parties shall meet and confer, and submit a Joint Status Report on or before February 7, 2019. Signed by Judge Trevor N. McFadden on 01/31/2019. (lctnm2) (Entered: 01/31/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 2/7/2019. (hmc) (Entered: 02/01/2019)
2019-02-0711Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 02/07/2019)
2019-02-08MINUTE ORDER. Upon considering the parties' 11 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before March 15, 2019. The Joint Status Report should update the Court on the Defendant's processing of the Plaintiff's request and advise the Court how the parties wish to proceed in this matter. Signed by Judge Trevor N. McFadden on 02/08/2019. (lctnm2) (Entered: 02/08/2019)
2019-02-11Set/Reset Deadlines: Joint Status Report due by 3/15/2019. (hmc) (Entered: 02/11/2019)
2019-03-1512Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 03/15/2019)
2019-03-18MINUTE ORDER. Upon considering the parties' 12 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before April 26, 2019. The Joint Status Report should advise the Court how the parties wish to proceed in this matter. Signed by Judge Trevor N. McFadden on 03/18/2019. (lctnm2) (Entered: 03/18/2019)
2019-03-18Set/Reset Deadlines: Joint Status Report due by 4/26/2019. (hmc) (Entered: 03/18/2019)
2019-04-2613Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 04/26/2019)
2019-04-26MINUTE ORDER. Upon considering the parties' 13 Joint Status Report, it is hereby ordered that that parties shall file a further Joint Status Report on or before June 13, 2019. The Joint Status Report should inform the Court of the status of the Defendant's processing of the Plaintiff's request and advise how the parties propose to proceed in this matter. Signed by Judge Trevor N. McFadden on 04/26/2019. (lctnm2) (Entered: 04/26/2019)
2019-04-29Set/Reset Deadlines: Joint Status Report due by 6/13/2019. (hmc) (Entered: 04/29/2019)
2019-06-1314Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 06/13/2019)
2019-06-17MINUTE ORDER. Upon considering the parties' 14 Joint Status Report, it is hereby ordered that that parties shall file a further Joint Status Report on or before July 25, 2019. The Joint Status Report should inform the Court of the status of the Defendant's processing of the Plaintiff's request and advise how the parties propose to proceed in this matter. Signed by Judge Trevor N. McFadden on 06/17/2019. (lctnm2) (Entered: 06/17/2019)
2019-06-17Set/Reset Deadlines: Joint Status Report due by 7/25/2019. (hmc) (Entered: 06/17/2019)
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