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Case TitleNATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS v. FEDERAL BUREAU OF PRISONS et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02399
Date Filed2018-10-18
Date ClosedOpen
JudgeJudge Ketanji Brown Jackson
PlaintiffNATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS
Case DescriptionThe National Association of Criminal Defense Lawyers submitted FOIA requests to the Bureau of Prisons and the Department of Justice for records concerning policies and practices for collecting, retaining, use, or sharing of inmates' attorney-client emails. NACDL also requested inclusion in the news media fee category. The agencies acknowledged receipt of the requests. Both agencies told NACDL that its request qualified for unusual circumstances. After hearing nothing further from either agency, NACDL filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL BUREAU OF PRISONS
DefendantDEPARTMENT OF JUSTICE
DefendantDEPARTMENT OF JUSTICE
950 Pennsylvania Ave., NW
Washington, DC 20530
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

2018-10-181COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5745920) filed by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons)(Pollack, Barry) Modified on 10/22/2018 (zrdj). (Entered: 10/18/2018)
2018-10-182NOTICE of Appearance by Barry J. Pollack on behalf of NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (Pollack, Barry) (Entered: 10/18/2018)
2018-10-183MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Catherine Crump, :Firm- Samuelson Law, Technology & Public Policy Clinic, U.C. Berkeley School of Law, :Address- 353 Boalt Hall, Berkeley, CA 94720-7200. Phone No. - 510-642-5049. Filing fee $ 100, receipt number 0090-5746136. Fee Status: Fee Paid. by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Pollack, Barry) Modified on 10/22/2018 (zrdj). (Entered: 10/18/2018)
2018-10-184MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Megan Graham, :Firm- Samuelson Law, Technology & Public Policy Clinic, U.C. Berkeley School of Law, :Address- 353 Boalt Hall, Berkeley, CA 94720-7200. Phone No. - 510-664-4381. Filing fee $ 100, receipt number 0090-5746155. Fee Status: Fee Paid. by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Pollack, Barry) (Entered: 10/18/2018)
2018-10-18Case Assigned to Judge Ketanji Brown Jackson. (zmd) (Entered: 10/23/2018)
2018-10-235SUMMONS (2) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Attachments: # 1 Notice and Consent)(jf) (Entered: 10/23/2018)
2018-10-246GENERAL 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 10/24/2018. (lckbj1) (Entered: 10/24/2018)
2018-10-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10-31-18. (Pollack, Barry) (Entered: 10/31/2018)
2018-10-318RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 10/31/2018; FEDERAL BUREAU OF PRISONS served on 10/30/2018 (Pollack, Barry) (Entered: 10/31/2018)
2018-11-159AMENDED COMPLAINT (Amended Complaint for Injunctive Relief) against DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS filed by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS. (Attachments: # 1 Appendix Index of Appendices, # 2 Appendix A - The BOP Request, # 3 Appendix B - The DOJ Request, # 4 Appendix C - The EOUSA Request, # 5 Appendix D - Redlined Amended Complaint, # 6 Summons Bureau of Prisons, # 7 Summons Department of Justice)(Pollack, Barry) (Entered: 11/15/2018)
2018-11-1510NOTICE of Appearance by William Mark Nebeker on behalf of DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Nebeker, William) (Entered: 11/15/2018)
2018-11-19MINUTE ORDER granting 3 , 4 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Catherine Crump and Megan Graham are admitted Pro Hac Vice in this matter as counsel for Plaintiff. Signed by Judge Ketanji Brown Jackson on 11/19/2018. (lckbj1) (Entered: 11/19/2018)
2018-11-2611SUMMONS (2) Issued Electronically as to DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (jf) (Entered: 11/26/2018)
2018-11-3012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF PRISONS served on 11/30/2018 (Graham, Megan) (Entered: 11/30/2018)
2018-11-3013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 11/30/2018 (Graham, Megan) (Entered: 11/30/2018)
2018-12-1114NOTICE by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Nebeker, William) (Entered: 12/11/2018)
2018-12-1415Consent MOTION for Extension of Time to File Answer re 9 Amended Complaint, by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 12/14/2018)
2018-12-17MINUTE ORDER granting, for good cause shown, 15 Consent Motion for Extension of Time to Answer, nunc pro tunc. It is hereby ORDERED that Defendants shall answer or otherwise respond to the Amended Complaint on or before 1/14/2019. Signed by Judge Ketanji Brown Jackson on 12/17/2018. (lckbj1) (Entered: 12/17/2018)
2019-01-0916Consent MOTION to Stay re 9 Amended Complaint, by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS (Attachments: # 1 Text of Proposed Order)(Valdez, Darrell) (Entered: 01/09/2019)
2019-01-09MINUTE ORDER granting 16 Consent Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED and that Defendants shall answer or other respond to the Amended Complaint on or before fourteen (14) days after Congress has restored appropriations to DOJ and BOP. Counsel for Defendants shall notify the Court as soon as Congress has appropriated funds. Signed by Judge Ketanji Brown Jackson on 1/9/2019. (lckbj1) (Entered: 01/09/2019)
2019-02-1117NOTICE OF RESTORED GOVERNMENT FUNDING by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS re Order on Motion to Stay, (Nebeker, William) (Entered: 02/11/2019)
2019-02-1118ANSWER to 9 Amended Complaint, by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS.(Nebeker, William) (Entered: 02/11/2019)
2019-02-11MINUTE ORDER. Defendants have provided notice that an appropriations act providing funding to the Department of Justice for a three-week period of time was enacted on 1/25/2019. (ECF No. 17 .) Accordingly, it is hereby ORDERED that the stay in this matter is lifted, and that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure on or before 2/25/2019. Signed by Judge Ketanji Brown Jackson on 2/11/2019. (lckbj1) (Entered: 02/11/2019)
2019-02-2219Unopposed MOTION for Extension of Time to File Joint Proposed Schedule for Disclosure by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (Attachments: # 1 Text of Proposed Order)(Graham, Megan) (Entered: 02/22/2019)
2019-02-27MINUTE ORDER granting, for good cause shown, 19 Unopposed Motion for Extension of Time to File Joint Proposed Schedule. It is hereby ORDERED that the parties' joint proposed schedule for briefing or disclosure is due on or before 3/4/2019. Signed by Judge Ketanji Brown Jackson on 2/27/2019. (lckbj1) (Entered: 02/27/2019)
2019-03-0420Joint STATUS REPORT by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS. (Graham, Megan) (Entered: 03/04/2019)
2019-03-2121MOTION for Hearing Status Conference by NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS (Attachments: # 1 Text of Proposed Order)(Graham, Megan) Modified event title on 3/26/2019 (znmw). (Entered: 03/22/2019)
2019-04-0322Joint STATUS REPORT by DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF PRISONS. (Nebeker, William) (Entered: 04/03/2019)
2019-04-05MINUTE ORDER. In light of the representations in the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 5/6/2019, which shall include a proposed schedule for processing and production. It is FURTHER ORDERED that Plaintiff's 21 Motion for a Status Conference is DENIED without prejudice. Signed by Judge Ketanji Brown Jackson on 4/5/2019. (lckbj2) (Entered: 04/05/2019)
2019-04-09Set/Reset Deadlines: Status Report due by 5/6/2019 (tj) (Entered: 04/09/2019)
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by FOIA Project Staff
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