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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00279
Date Filed2019-02-01
Date Closed2021-06-25
JudgeJudge Colleen Kollar-Kotelly
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning an agency directive on Border Search of Electronic Devices. EPIC also requested expedited processing and inclusion in the news media fee category. The agency did not acknowledge of the request. EPIC contacted the agency to inquire about the receipt of the request and was told that the agency had no record of receiving the request. EPIC resubmitted the request, 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

DefendantU.S. CUSTOMS AND BORDER PROTECTION
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

2019-02-011COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number 0090-5922587) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Customs and Border Protection, # 4 Summons US Attorney)(Scott, Jeramie) (Entered: 02/01/2019)
2019-02-04Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 02/04/2019)
2019-02-042SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/04/2019)
2019-02-073ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 2/7/19. (DM) (Entered: 02/07/2019)
2019-02-204NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Main Document 4 replaced on 2/22/2019) (zjf). (Entered: 02/20/2019)
2019-02-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/11/2019. Answer due for ALL FEDERAL DEFENDANTS by 3/13/2019. (Scott, Jeramie) (Entered: 02/20/2019)
2019-02-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/11/2019. (Scott, Jeramie) (Entered: 02/20/2019)
2019-02-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 2/11/2019 (Scott, Jeramie) (Entered: 02/20/2019)
2019-02-208NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Main Document 8 replaced on 2/22/2019) (zjf). (Entered: 02/20/2019)
2019-03-129NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 03/12/2019)
2019-03-1210MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CUSTOMS AND BORDER PROTECTION (Seabrook, April) (Entered: 03/12/2019)
2019-03-13Minute Order. The Court is in receipt of Defendant's 10 Motion for Extension of Time to File Answer, and Memorandum of Support Thereof. Currently, Defendant's Answer is due March 13, 2019. Defendant indicates that Plaintiff opposes the relief requested. The Court ORDERS Plaintiff to file a Response to Defendant's Motion by close of business on MARCH 14, 2019. The Court GRANTS an extension on Defendant's Answer until MARCH 18, 2019, in order to consider Plaintiff's Response. Signed by Judge Colleen Kollar-Kotelly on 3/13/2019. (lcckk3) Modified on 3/13/2019 to correct grammar typo (kt). (Entered: 03/13/2019)
2019-03-13Set/Reset Deadlines: Plaintiff to file a Response to Defendant's Motion by close of business on 3/14/2019; Defendant's Answer due by 3/18/2019. (kt) (Entered: 03/13/2019)
2019-03-1311Memorandum in opposition to re 10 MOTION for Extension of Time to File Answer re 1 Complaint, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 03/13/2019)
2019-03-14Minute Order. The Court is in receipt of Defendant's 10 Motion for Extension of Time to File Answer, and Memorandum of Support Thereof and Plaintiff's 11 Memorandum in Opposition to Defendant's Motion for Extension of Time. Currently, Defendant's Answer is due March 18, 2019. Defendant reports that, despite attempts, an attorney from United States Customs and Border Patrol has not yet been assigned to this matter. However, Defense counsel expects to be able to consult with a CBP attorney shortly. Additionally, Defense counsel was out of the office for several weeks on extended leave and has multiple other litigation deadlines within a short span of time. In light of this information, Defense counsel requests an approximately 30-day extension to file a responsive pleading. Defense counsel apologizes to the Court for not filing the motion four business days prior to the deadline. Plaintiff opposes the relief requested arguing that good cause has not been shown to grant an extension. Considering the arguments of both parties, the Court GRANTS Defendant's Motion. This extension will allow time for Defense counsel to review the FOIA request, to confer with CBP counsel, and to draft the responsive pleading. The Court ORDERS Defendant to file its Answer by APRIL 12, 2019. No further extensions will be granted for this filing. Signed by Judge Colleen Kollar-Kotelly on 3/14/2019. (lcckk3) (Entered: 03/14/2019)
2019-03-14Set/Reset Deadlines: Answer due by 4/12/2019. (dot) (Entered: 03/14/2019)
2019-04-1212ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Seabrook, April) (Entered: 04/12/2019)
2019-04-1213ORDER. Signed by Judge Colleen Kollar-Kotelly on 4/12/2019. (lcckk3) (Main Document 13 replaced on 4/15/2019) (zdot). (Entered: 04/12/2019)
2019-04-12Set/Reset Deadlines: Meet & Confer Statement due by 5/3/2019. (dot) (Entered: 04/15/2019)
2019-05-0314Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 05/03/2019)
2019-05-03Minute Order. The Court is in receipt of the parties' 14 Joint Status Report. Defendant reports that it has commenced a search for documents responsive to Plaintiff's FOIA request. Defendant has located approximately 1,200 responsive pages and cannot estimate when the search will be complete or the final number of potentially responsive pages. Defendant has begun processing records and will make its first production on May 17, 2019. The parties have agreed that Defendant will make rolling productions of non-exempt portions of records on the 17th day of each month, or if the 17th falls on a weekend or holiday, the next business day. Defendant will process 500 pages at minimum for each production. Defendant does not anticipate requesting an Open America stay but does anticipate that a Vaughn index will be required. The Court ORDERS the parties to file another Joint Status Report on JUNE 3, 2019. 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 Courts attention. Signed by Judge Colleen Kollar-Kotelly on 5/3/2019. (lcckk3) (Entered: 05/03/2019)
2019-05-03Set/Reset Deadlines: Joint Status Report due by 6/3/2019. (dot) (Entered: 05/06/2019)
2019-06-0315Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 06/03/2019)
2019-08-19Minute Order. On May 3, 2019, the Court ordered the parties to file a Joint Status Report on June 3, 2019 and every 60 days thereafter. The parties filed a Joint Status Report on June 3, 2019. However, the parties next Joint Status Report was due August 3, 2019, and, as of this date, the Court has not received that Joint Status Report. The Court ORDERS the parties to file a Joint Status Report by AUGUST 23, 2019. 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 Courts attention.Signed by Judge Colleen Kollar-Kotelly on 8-19-2019. (lcckk3) (Entered: 08/19/2019)
2019-08-19Set/Reset Deadlines: Joint Status Report due by 8/23/2019. (dot) (Entered: 08/21/2019)
2019-08-2216Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 08/22/2019)
2019-09-0517NOTICE of Change of Address by Jeramie D. Scott (Scott, Jeramie) (Entered: 09/05/2019)
2019-10-2318Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 10/23/2019)
2020-01-06Minute Order. On August 19, 2019, the Court ordered the parties to file Joint Status Reports every 60 days. The parties filed their last Joint Status Report on October 23, 2019, making the next Joint Status Report due December 22, 2019. As of this date, the Court has not received the parties' Joint Status Report. The Court ORDERS the parties to file a Joint Status Report by JANUARY 13, 2020. Signed by Judge Colleen Kollar-Kotelly on 1-6-2020. (lcckk3) (Entered: 01/06/2020)
2020-01-06Set/Reset Deadlines: Joint Status Report due by 1/13/2020. (dot) (Entered: 01/07/2020)
2020-01-1319Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 01/13/2020)
2020-03-1320Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 03/13/2020)
2020-03-3021NOTICE of Appearance by Paul A. Mussenden on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Mussenden, Paul) (Entered: 03/30/2020)
2020-04-2922NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Marc Rotenberg terminated. (Scott, Jeramie) (Entered: 04/29/2020)
2020-05-1223Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Mussenden, Paul) (Entered: 05/12/2020)
2020-07-1324Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Mussenden, Paul) (Entered: 07/13/2020)
2020-09-1125Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 09/11/2020)
2020-11-1026Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 11/10/2020)
2021-01-0727Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 01/07/2021)
2021-03-0928Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 03/09/2021)
2021-05-0729Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Seabrook, April) (Entered: 05/07/2021)
2021-05-10MINUTE ORDER. The Court is in receipt of the parties' 29 Joint Status Report, in which the parties indicate that they are attempting to negotiate a settlement of attorneys' fees and costs. The parties indicate that settlement discussions are ongoing, but request that the Court set a briefing schedule on the issue of attorneys' fees and costs. As proposed by the parties, the Court ORDERS that Plaintiff shall file its motion for attorneys' fees by JUNE 25, 2021; Defendant shall its opposition by JULY 30, 2021, and Plaintiff shall file its reply by AUGUST 13, 2021. The parties shall promptly notify the Court if they reach a settlement. Signed by Judge Colleen Kollar-Kotelly on 5/10/21. (lcckk3) (Entered: 05/10/2021)
2021-05-10Set/Reset Deadlines: Plaintiff's Motion for Attorneys fees due by 6/25/2021. Defendant's Response due by 7/30/2021. Plaintiff's Reply due by 8/13/2021. (dot) (Entered: 05/10/2021)
2021-06-2530STIPULATION of Dismissal by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 06/25/2021)
2021-06-2531ORDER OF DISMISSAL. Signed by Judge Colleen Kollar-Kotelly on 6/25/21. (lcckk3) (Entered: 06/25/2021)
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