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Case TitleELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02578
Date Filed2019-08-27
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionThe Electronic Frontier Foundation submitted two FOIA requests to the Department of Homeland Security. EFF's first request was submitted to U.S. Immigration and Customs Enforcement for records concerning the use of GPS tracking devices on vehicles crossing the border and training manuals for using GPS tracking devices on the U.S. border. EFF's second FOIA request was submitted to U.S. Customs and Border Protection for records concerning the use of GPS tracking devices on the U.S. borders and training for such use of GPS tracking devices. For both requests, EFF requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, EFF filed suit.
Complaint issues: Public Interest Fee Waiver, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
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

2019-08-271COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-6344009) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Summons DHS, # 2 Summons U.S. Attorney General, # 3 Summons Office of the US Attorney, # 4 Civil Cover Sheet)(Sobel, David) (Entered: 08/27/2019)
2019-08-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 08/27/2019)
2019-08-29Case assigned to Judge Thomas F. Hogan. (zmc) (Entered: 08/29/2019)
2019-08-293SUMMONS (3) Issued Electronically as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 08/29/2019)
2019-09-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/5/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/5/2019. (Attachments: # 1 Affidavit of Mailing)(Sobel, David) (Entered: 09/13/2019)
2019-09-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HOMELAND SECURITY served on 9/4/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/5/2019. (See Docket Entry 4 to view document) (jf) (Entered: 09/13/2019)
2019-10-076NOTICE of Appearance by Derek S. Hammond on behalf of DEPARTMENT OF HOMELAND SECURITY (Hammond, Derek) (Entered: 10/07/2019)
2019-10-077ANSWER to Complaint by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hammond, Derek) (Entered: 10/07/2019)
2019-10-08MINUTE ORDER requiring the parties to confer and file a joint status report proposing a schedule for further proceedings. The joint status report should address the status of the plaintiff's FOIA requests, including the anticipated number of documents responsive to the requests, as well as the anticipated date(s) for the release of documents responsive to any requests that are still being processed. The parties shall file the joint status report on or before November 8, 2019. Signed by Judge Thomas F. Hogan on October 8, 2019. (CR) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines: Joint Status Report due by 11/8/2019 (hs) (Entered: 10/08/2019)
2019-11-078Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 11/07/2019)
2019-11-08MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 6, 2020. Signed by Judge Thomas F. Hogan on November 8, 2019. (CR) (Entered: 11/08/2019)
2019-11-12Set/Reset Deadlines: Joint Status Report due by 1/6/2020 (hs) (Entered: 11/12/2019)
2020-01-069Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 01/06/2020)
2020-01-13MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before March 6, 2020. Signed by Judge Thomas F. Hogan on January 13, 2019. (CR) (Entered: 01/13/2020)
2020-01-13Set/Reset Deadlines: Joint Status Report due by 3/6/2020 (hs) (Entered: 01/13/2020)
2020-01-27ENTERED IN ERROR.....MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before March 2, 2020. Signed by Judge Thomas F. Hogan on January 27, 2020. (CR) Modified on 1/27/2020 to enter in error; please disregard. (ztnr) (Entered: 01/27/2020)
2020-01-28Set/Reset Deadlines: Joint Status Report due by 3/2/2020 (hs) (Entered: 01/28/2020)
2020-03-0610Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 03/06/2020)
2020-03-09MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before May 5, 2020. Signed by Judge Thomas F. Hogan on March 9, 2020. (CR) (Entered: 03/09/2020)
2020-03-09Set/Reset Deadlines: Joint Status Report due by 5/5/2020 (hs) (Entered: 03/09/2020)
2020-05-0511Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Hammond, Derek) (Entered: 05/05/2020)
2020-05-06MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall file a further joint status report on or before July 6, 2020. Signed by Judge Thomas F. Hogan on May 6, 2020. (CR) (Entered: 05/06/2020)
2020-05-06Set/Reset Deadlines: Joint Status Report due by 7/6/2020 (hs) (Entered: 05/06/2020)
2020-07-0612Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 07/06/2020)
2020-07-2813NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Derek Hammond (Molen, Kathleene) (Entered: 07/28/2020)
2020-08-0514PROPOSED BRIEFING SCHEDULE by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 08/05/2020)
2020-08-0615ORDER setting briefing schedule. See attached order for details. Signed by Judge Thomas F. Hogan on August 6, 2020. (CR) (Entered: 08/06/2020)
2020-08-06Set/Reset Deadlines: Defendant's Summary Judgment motions due by 10/23/2020. Response to Motion for Summary Judgment due by 12/7/2020. Reply to Motion for Summary Judgment due by 12/21/2021. Vaughn Index due by 10/23/2020, Cross Motions due by 12/7/2020. Response to Cross Motions due by 1/21/2021. Reply to Cross Motions due by 2/11/2021. (hs) (Entered: 08/06/2020)
2020-10-2216Unopposed MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 10/22/2020)
2020-10-2317ORDER granting 16 Unopposed Motion to Modify Briefing Schedule. See attached Order for details.Signed by Judge Thomas F. Hogan on October 23, 2020. (CR) (Entered: 10/23/2020)
2020-10-23Set/Reset Deadlines: Cross Motion due by 1/7/2021. Response to Cross Motions due by 1/29/2021. Reply to Cross Motions due by 2/19/2021. Summary Judgment motions due by 11/13/2020. Response to Motion for Summary Judgment due by 1/7/2021. Reply to Motion for Summary Judgment due by 1/29/2021. (hs) (Entered: 10/23/2020)
2020-11-1318MOTION for Summary Judgment by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Fernando Pineiro, # 4 Declaration Patrick A Howard, # 5 Exhibit A (CBP), # 6 Exhibit B (CBP), # 7 Exhibit C (CBP), # 8 Exhibit Vaughn Index (ICE), # 9 Exhibit 2 (ICE), # 10 Exhibit 3 (ICE), # 11 Exhibit 4 (ICE), # 12 Exhibit 5 (ICE), # 13 Exhibit 6 (ICE), # 14 Exhibit 7 (ICE), # 15 Exhibit 8 (ICE), # 16 Exhibit 9 (ICE), # 17 Exhibit 10 (ICE), # 18 Exhibit 11 (ICE), # 19 Exhibit 12 (ICE), # 20 Text of Proposed Order)(Molen, Kathleene) (Entered: 11/13/2020)
2020-12-2219Unopposed MOTION to Modify Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 12/22/2020)
2020-12-2220ORDER granting 19 Plaintiff's Unopposed Motion to Modify Briefing Schedule. See attached Order for details. Signed by Judge Thomas F. Hogan on December 22, 2020. (CR) (Entered: 12/22/2020)
2020-12-22Set/Reset Deadlines: Cross Motion due by 2/5/2021. Response to Cross Motions due by 2/26/2021. Reply to Cross Motions due by 3/19/2021. Response to Motion for Summary Judgment due by 2/5/2021. Reply to Motion for Summary Judgment due by 2/26/2021. (hs) (Entered: 12/22/2020)
2021-02-0521Memorandum in opposition to re 18 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Saira Hussain, # 3 Exhibit 1, # 4 Text of Proposed Order)(Sobel, David) (Entered: 02/05/2021)
2021-02-0522Cross MOTION for Summary Judgment by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Saira Hussain, # 3 Exhibit 1, # 4 Text of Proposed Order)(Sobel, David) (Entered: 02/05/2021)
2021-02-2223Unopposed MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 02/22/2021)
2021-02-23MINUTE ORDER: GRANTING 23 Defendant's Unopposed Motion to Modify Briefing Schedule. By March 26, 2021, the defendant shall file its combined opposition and reply and by April 23, 2021, the plaintiff shall file its reply. Signed by Judge Thomas F. Hogan on February 23, 2021. (JRM) (Entered: 02/23/2021)
2021-02-24Set/Reset Deadlines: Defendant's Response/Reply due by 3/26/2021. Plaintiff's Reply due by 4/23/2021. (hs) (Entered: 02/24/2021)
2021-03-2324Unopposed MOTION to Modify Briefing Schedule by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/23/2021)
2021-03-24MINUTE ORDER: GRANTING 24 Defendant's Unopposed Motion to Modify Briefing Schedule. Defendant shall file its combined opposition and reply on or before March 30, 2021. Plaintiff shall file its reply on or before April 27, 2021. Signed by Judge Thomas F. Hogan on March 24, 2021. (KDD). (Entered: 03/24/2021)
2021-03-24Set/Reset Deadlines: Defendant's Response/Reply due by 3/30/2021, Plaintiff's Reply due by 4/27/2021. (hs) (Entered: 03/24/2021)
2021-03-3025REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration Supplemental Declaration of Patrick A Howard, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/30/2021)
2021-03-3026Memorandum in opposition to re 22 Cross MOTION for Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Statement of Facts, # 2 Declaration Supplemental Declaration of Patrick A Howard, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 03/30/2021)
2021-04-2127Consent MOTION to Modify Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 04/21/2021)
2021-04-21MINUTE ORDER granting 27 Consent Motion to Modify Briefing Schedule. Plaintiff's Reply shall be filed by May 18, 2021. Signed by Judge Thomas F. Hogan on April 21, 2021. (CR) (Entered: 04/21/2021)
2021-04-21Set/Reset Deadlines: Reply due by 5/18/2021. (hs) (Entered: 04/21/2021)
2021-05-1828REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 05/18/2021)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Judge Thomas F. Hogan is no longer assigned to the case. (rj) (Entered: 02/24/2023)
2023-03-1329NOTICE OF SUBSTITUTION OF COUNSEL by Kenneth A. Adebonojo on behalf of DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Kathleene Molen (Adebonojo, Kenneth) (Entered: 03/13/2023)
2023-03-21MINUTE ORDER: In the interest of judicial efficiency, Defendant's Motion for Summary Judgment 18 and Plaintiff's Cross-Motion for Summary Judgment 22 are DENIED WITHOUT PREJUDICE. The parties are directed to file a Joint Status Report within 21 days of the issuance of this Order updating the Court on: 1) any material developments in the case since the last filing; 2) the status of settlement discussions, if any; and 3) a proposal on how to conduct further proceedings in this case, including whether any moving party wishes to re-file its motion and a joint proposed briefing schedule for the same. Re-filed motions and associated papers should be updated to reflect developments in the case or case law, if any. Motions that are re-filed must comply with the requirements in Judge Reyes's standing order. Signed by Judge Ana C. Reyes on 3/21/2023. (lcas) (Entered: 03/21/2023)
2023-03-2130STANDING ORDER: The parties are directed to review Judge Reyes's attached Standing Order in Civil Cases in its entirety. The parties are hereby ORDERED to comply with the directives in the attached Standing Order.. Signed by Judge Ana C. Reyes on 3/21/2023. (lcas) (Entered: 03/21/2023)
2023-03-2331MOTION for Extension of Time to File Joint Status Report by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 03/23/2023)
2023-03-23MINUTE ORDER: Upon consideration of Plaintiff's Motion for Extension of Time, and for good cause shown, it is hereby ORDERED that Plaintiff's Motion 31 is GRANTED. Signed by Judge Ana C. Reyes on 3/23/2023. (lcas) (Entered: 03/23/2023)
2023-05-0932Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 05/09/2023)
2023-06-0933Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 06/09/2023)
2023-08-0934Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 08/09/2023)
2023-10-1035Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 10/10/2023)
2023-11-0936Joint STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Adebonojo, Kenneth) (Entered: 11/09/2023)
2023-12-1137Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 12/11/2023)
2024-02-2038Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 02/20/2024)
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