Case Detail

FOIA Project Annotation: In a case brought by EPIC against the Department of Homeland Security for records concerning the privacy implications of its Defense Industrial Base Cyber Pilot program conducted jointly with the Department of Defense and designed to protect U.S. critical infrastructure and provide classified threat and technical information to voluntarily participating companies, Judge Gladys Kessler has ruled in favor of the agency with the exception of its claim that Exemption 7(D) (confidential sources) applied to the names of participating companies. Along the way, Kessler has explored several issues, particularly the authority of classifiers and the commercial status of participating company names, which do not come up very often in litigation. Based on concerns expressed by the Justice Department that the DIB Cyber Pilot program might run afoul of laws forbidding government surveillance of private Internet traffic, EPIC requested records about the program, including contracts with Lockheed Martin, CSC, SAIC, and Northrop Grumman, contracts or agreements with AT&T, Verizon and CenturyLink regarding the program, and any memoranda of understanding between the National Security Agency and DHS or other government agencies or corporations concerning the program. DHS informed EPIC that its request had been referred to the National Protection and Programs Directorate as the most likely office to have responsive records. EPIC eventually filed suit after the agency failed to respond. The subsequent DHS searches uncovered 16,000 pages of potentially responsive records. An initial review winnowed that number to 10,000 pages and a subsequent line-by-line review produced 1,276 pages. DHS disclosed 117 pages entirely and 1,159 pages with redactions. After EPIC reviewed the documents, it found references to several email attachments that had not been disclosed. DHS conducted another review based on EPIC's list of records that appeared missing and found several records that had not been disclosed. In all, DHS produced 1,386 pages, some of which were redacted, and withheld 362 pages entirely. EPIC challenged the agency's search primarily because the agency had not re-evaluated its search in light of the allegedly missing attachments. DHS argued that EPIC assumed the missing attachments contained responsive records that had not been disclosed. However, the agency pointed out that many of the attachments contained records that were non-responsive, had already been disclosed or withheld, or were duplicates of other records. Kessler relied on the D.C. Circuit's decision in Steinberg v. Dept of Justice, 23 F.3d 548 (D.C. Cir. 1994), where the appellate court ruled that the agency's search was not inadequate just because Steinberg had located references in the disclosed records suggesting the possible existence of other records. Kessler noted that "the Government has shown that the initial search conducted by DHS in response to EPIC's FOIA request was meticulous, organized, and thorough." She added that "EPIC has identified a limited number of potentially responsive documents it believes were overlooked, and DHS has sufficiently accounted for why many (although not all) of the documents flagged by EPIC were properly excluded. FOIA does not require DHS to track down every cross-referenced document." The agency withheld records under Exemption 1 (national security) and EPIC based its challenge exclusively on whether the agency had shown that David Sherman, Associate Director for Policy and Records at the NSA, had original classification authority. In its second affidavit, DHS indicated that Sherman had Top Secret classification authority. It also provided an affidavit from Sherman from another case explaining his classification authority. Noting that EPIC was not claiming that Sherman did not have original classification authority, Kessler indicated that "as the Court gives a presumption of good faith to the [agency's] affidavit, and because EPIC has provided no support for its allegation that the declarations provided by DHS are insufficient, the Court concludes that the [second DHS affidavit], along with the Sherman declaration from another case, are sufficient to establish that he is an authority on classified materials who properly identified documents to be withheld under the Executive Orders pursuant to Exemption 1." EPIC also argued based on its original classification authority claim under Exemption 1 that one of the statutes DHS cited to withhold information under Exemption 3 was inapplicable. Having rejected the argument under Exemption 1, Kessler likewise dismissed EPIC's Exemption 3 claim. One of the more puzzling issues Kessler faced was the agency's insistence that the companies' names and other identifying information was commercial information protected by Exemption 4 (confidential business information). Citing Hodes v. Dept of Housing and Urban Development, 532 F. Supp. 2d 108 (D.D.C. 2008), EPIC argued that a company could not have a commercial interest in its name. But Kessler agreed with DHS that it was not quite so simple. She pointed out that "while a company may not always have a commercial interest in its name and identity, the Court may also consider the context in which the issue arises. The identities of which companies have participated in the DIB Cyber Pilot, if disclosed, could have a commercial or financial impact on the companies involved. The companies are commercial enterprises doing business with the Government and the reason they seek protection from having their participation disclosed is because of the potential effect that disclosure would have on their businesses." Because the participating companies did so voluntarily, DHS argued that the confidential status of their identities should be assessed under the voluntary prong of Critical Mass. DHS told Kessler that "to encourage participation from companies in the DIB Cyber Pilot and similar programs in the future, the companies need to be assured that their participation will be confidential and not revealed to the public." EPIC argued that "because defense contracting companies have preexisting, publicly known relationships with DHS, and because only defense contracting companies could have participated in the DIB Cyber Pilot, the identities of the participating companies are already publicly known." Rejecting that claim, Kessler pointed out that "if this were true, it is not clear why EPIC is still seeking the information. In any event, in invoking Exemption 4, the identities of which companies participated in this particular program is at issue, not whether the companies are publicly known in other endeavors." DHS also claimed that the companies were sources protected under Exemption 7(D). EPIC argued that 7(D) applied only when a source provided information to the agency, not when it received information from the agency. Kessler agreed. She noted that "while the express promise of confidentiality is relevant, DHS has not contended that the companies provided any information pursuant to that promise. Nor has DHS shown that mere participation in the DIB Cyber Pilot program turns each company into a 'source' of information for purposes of Exemption 7(D)."
Issues: Search - Reasonableness of search, Exemption 1 - Properly classified, Exemption 4 - Confidential business information, Exemption 7(D) - Confidential sources

FOIA Project Annotation: Judge Gladys Kessler has ruled that EPIC is entitled to attorney's fees for its FOIA suit against the Department of Homeland Security, even though it lost on all the issues at summary judgment, largely because the litigation forced the agency to process EPIC's request. EPIC submitted a five-part request to DHS for records concerning whether or not the Defense Industrial Base Cyber Pilot program jointly conducted by DHS and the Department of Defense had complied with federal wiretap laws. EPIC submitted its request in August 2011. DHS acknowledged receipt of the request and told EPIC it was referring the request to its National Protection and Programs Directorate for processing. The agency also notified EPIC that no records had been found responsive to the fifth category of the request. EPIC filed suit in March 2012. In response to EPIC's suit, DHS proposed to collect responsive records by June 2012 and then to begin processing them, with a first response due on July 18, 2012. EPIC asked Kessler to order the agency to completely respond by August 24, 2012. Accepting EPIC's suggestion, Kessler issued a scheduling order requiring DHS to respond by August 24. DHS located 10,000 potentially responsive records and on the last day of the production deadline asked Kessler to stay the proceeding and have EPIC narrow its request. DHS ultimately asked Kessler to grant it until January 2014 to disclose all responsive records. She rejected that as too far in the future and ordered the agency to produce all responsive documents by April 2013. DHS met Kessler's deadline, producing 1,276 pages. The agency disclosed 117 pages entirely and 1,159 pages with redactions. It withheld 362 pages under a variety of exemptions. Kessler ruled in favor of the agency as to the adequacy of its search and its exemption claims, with the exception of Exemption 7(D) (confidential sources); Kessler subsequently ruled in favor of the agency on its Exemption 7(D) claims as well after it submitted a supplemental declaration. EPIC requested attorney's fees, arguing that Kessler's scheduling order qualified as a judicial order under the attorney fees provision and, further, that EPIC's suit had caused the agency to process and respond to its request. The agency opposed both claims. Kessler sided with EPIC. She noted that "the courts in this District have repeatedly held that a FOIA plaintiff substantially prevails where a court issues a scheduling order requiring an agency to produce responsive documents by a date certain. This is true even where the scheduling order adopts the production schedule proposed by the Government, rather than the one proposed by the plaintiff." Kessler pointed out, however, that "the Court did not find in favor of EPIC on a single issue in the Summary Judgment Order. . .Thus, EPIC did not substantially prevail as a result of the Summary Judgment Order." She explained that EPIC's suit caused the agency to respond. She agreed with EPIC that the agency had waited until the last minute to ask for a stay. She observed that "despite these administrative challenges, DHS represented to the Court at the May 24, 2012 status conference that DHS would be able to complete its first production of documents on July 18, 2012, when, in fact, it would later seek to postpone the production deadline by a year and a half." She added that "given these facts, it is hard to believe that DHS would ever have gotten the job done without the Court's supervision." DHS challenged EPIC's entitlement to fees as well. Kessler rejected the agency's claim that the information disclosed was not in the public interest, noting that "much of the public information DHS cites was not public at the time of EPIC's FOIA request and the fact that it was later made public strengthens EPIC's argument that it was of public import." The agency argued that because EPIC had a donation page on its website it had a commercial interest in the request. Kessler pointed out that "a link for donations does not transform a nonprofits' interests from public interest to commercial or self-interest." Finding the agency did not have a reasonable legal basis, Kessler observed that Davy v. CIA, 550 F. 3d 1155 (D.C. Cir. 2008). "makes clear that an agency lacks a colorable basis in law where it does not respond to a FOIA request until after a lawsuit has been filed." Kessler approved of the use of the LSI Laffey Matrix to determine hourly rates, pointing out that DHS had already recognized EPIC as qualifying for the higher rates in another recent case. EPIC had requested $86,000 in fees. Kessler found EPIC was not entitled to fees on the summary judgment motion since it had not prevailed on any issue, and that, while it was entitled to fees for litigating the attorney's fees issue, some of its billing was excessive. She ordered EPIC to respond to her concerns, indicating that she would award a final amount after reviewing those responses.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Eligibility - Causal effect, Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding

Date Filed	Doc #	Docket Text
2012-03-01	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350, receipt number 4616046444) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet)(dr) (Entered: 03/05/2012)
2012-03-01		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (dr) (Entered: 03/05/2012)
2012-03-01	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER identifying Corporate Parent NONE for ELECTRONIC PRIVACY INFORMATION CENTER. (dr) (Entered: 03/05/2012)
2012-03-28	3	NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 03/28/2012)
2012-03-28	4	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney John Arthur Verdi terminated. (Verdi, John) (Entered: 03/28/2012)
2012-04-10	5	NOTICE of Appearance by Lisa Zeidner Marcus on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Marcus, Lisa) (Entered: 04/10/2012)
2012-04-12	6	Consent MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 04/12/2012)
2012-04-13		MINUTE ORDER granting 6 Motion for Extension of Time to Respond to the Complaint. The deadline for Defendant's response to the complaint is extended from April 16, 2012 to May 1, 2012. Signed by Judge Gladys Kessler on 4-13-2012. (lcgk1). (Entered: 04/13/2012)
2012-04-16		Set/Reset Deadlines: Answer due by 5/1/2012 (CL, ) (Entered: 04/16/2012)
2012-05-01	7	ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Marcus, Lisa) (Entered: 05/01/2012)
2012-05-02	8	ORDER setting an Initial Scheduling Conference for May 24, 2012, at 10:30 a.m. Signed by Judge Gladys Kessler on 5/2/12. (CL, ) (Entered: 05/02/2012)
2012-05-02		Set/Reset Hearings: Initial Scheduling Conference set for 5/24/2012 10:30 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 05/02/2012)
2012-05-16		MINUTE ORDER: The time for the Initial Scheduling Conference on May 24, 2012, is hereby changed to 10:00 a.m. Signed by Judge Gladys Kessler on 5/16/12. (CL, ) (Entered: 05/16/2012)
2012-05-18	9	NOTICE of Appearance by Ginger P. McCall on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (McCall, Ginger) (Entered: 05/18/2012)
2012-05-18	10	Consent MOTION for Order for a Telephonic Initial Scheduling Conference by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Text of Proposed Order)(McCall, Ginger) (Entered: 05/18/2012)
2012-05-21		MINUTE ORDER: Due to an adjustment in the Court's calendar, the Initial Scheduling Conference shall begin at 11:15 a.m. instead of 10:00. Signed by Judge Gladys Kessler on 5/21/12. (CL, ) (Entered: 05/21/2012)
2012-05-21		Set/Reset Hearings: Initial Scheduling Conference set for 5/24/2012 11:15 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 05/21/2012)
2012-05-21		MINUTE ORDER granting 10 the parties' Motion for Telephonic Initial Scheduling Conference. Signed by Judge Gladys Kessler on 5/21/12. (CL, ) (Entered: 05/21/2012)
2012-05-21	11	MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Rotenberg, Marc) (Entered: 05/21/2012)
2012-05-24	12	ORDER that the parties' proposed schedule is adopted as follows: Defendnat's Complete Production of Documents and Vaughn Index due by 8/24/2012. Defendant's Motion for Summary Judgment is due by 9/24/2012. Plaintiff's Opposition and Cross-Motion due by 10/24/2012. Defendant's Reply and Opposition to Cross-Motion due by 11/7/2012. Plaintiff's Reply due by 11/21/2012. Signed by Judge Gladys Kessler on 5/24/12. (CL, ) (Entered: 05/24/2012)
2012-05-24		Set/Reset Deadlines: Cross Motions due by 10/24/2012. Response to Cross Motions due by 11/7/2012. Reply to Cross Motions due by 11/21/2012. Summary Judgment motions due by 9/24/2012. Response to Motion for Summary Judgment due by 10/24/2012. Reply to Motion for Summary Judgment due by 11/7/2012. (CL, ) (Entered: 05/24/2012)
2012-05-24		Minute Entry for proceedings held before Judge Gladys Kessler: Telephone Conference held on 5/24/2012. (Court Reporter Susan Tyner.) (tth) (Entered: 05/24/2012)
2012-08-24	13	MOTION to Stay Proceedings for 10 Days by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 08/24/2012)
2012-08-27		MINUTE ORDER granting 13 Defendant's Motion for a 10-Day Stay of Proceedings; the proceedings in this case are hereby stayed up to and including September 4, 2012. Signed by Judge Gladys Kessler on 8/27/12. (CL, ) (Entered: 08/27/2012)
2012-09-05	14	MOTION to Stay : Motion to Continue Stay of Proceedings for 10 Additional Days by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 09/05/2012)
2012-09-05	15	Memorandum in opposition to re 14 MOTION to Stay : Motion to Continue Stay of Proceedings for 10 Additional Days filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Rotenberg, Marc) (Entered: 09/05/2012)
2012-09-05	16	ORDER granting 14 Defendant's Motion to Continue Stay of Proceedings for 10 Additional Days; this case is stayed up to and including September 14, 2012; parties should note that this is the FINAL stay that will be granted. Signed by Judge Gladys Kessler on 9/5/12. (CL, ) (Entered: 09/05/2012)
2012-09-14	17	MOTION to Modify the Scheduling Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Declaration of James V.M.L. Holzer, Director of Disclosure and FOIA Operations, # 2 Text of Proposed Order)(Marcus, Lisa) (Entered: 09/14/2012)
2012-09-19	18	Memorandum in opposition to re 17 MOTION to Modify the Scheduling Order Combined Opposition/Cross-Motion filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Declaration of Amie Stepanovich, Associate Litigation Counsel, # 2 Text of Proposed Order)(Rotenberg, Marc) (Entered: 09/19/2012)
2012-09-19	19	Cross MOTION for Order to Show Cause Combined Opposition/Cross-Motion by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Declaration of Amie Stepanovich, Associate Litigation Counsel, # 2 Text of Proposed Order)(Rotenberg, Marc) (Entered: 09/19/2012)
2012-09-25	20	Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Modify the Scheduling Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 09/25/2012)
2012-09-26		MINUTE ORDER granting 20 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including September 28, 2012, in which to file its Reply in further support of its Motion to Amend the Scheduling Order. Signed by Judge Gladys Kessler on 9/26/12. (CL, ) (Entered: 09/26/2012)
2012-09-26		Set/Reset Deadlines: Replies due by 9/28/2012. (CL, ) (Entered: 09/26/2012)
2012-09-28	21	REPLY to opposition to motion re 17 MOTION to Modify the Scheduling Order filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Marcus, Lisa) (Entered: 09/28/2012)
2012-09-28	22	Memorandum in opposition to re 19 Cross MOTION for Order to Show Cause Combined Opposition/Cross-Motion filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 09/28/2012)
2012-10-05	23	REPLY to opposition to motion re 19 Cross MOTION for Order to Show Cause Combined Opposition/Cross-Motion filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Rotenberg, Marc) (Entered: 10/05/2012)
2012-10-09		MINUTE ORDER: A Status Conference in this case is hereby scheduled for October 11, 2012, at 10:00 a.m. Signed by Judge Gladys Kessler on 10/9/12. (CL, ) (Entered: 10/09/2012)
2012-10-09		Set/Reset Hearings: Status Conference set for 10/11/2012 at 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 10/09/2012)
2012-10-10	24	Consent MOTION to Continue Status Conference by ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 10/10/2012)
2012-10-10		MINUTE ORDER granting 24 Motion to Continue the Status Conference; the Status Conference now set for October 11, 2012, is hereby rescheduled for October 15, 2012, at 10:00 a.m. Signed by Judge Gladys Kessler on 10/10/12. (CL, ) (Entered: 10/10/2012)
2012-10-10		Set/Reset Hearings: Status Conference set for 10/15/2012 10:00 AM in Courtroom 26A before Judge Gladys Kessler. (CL, ) (Entered: 10/10/2012)
2012-10-15		Minute Entry for proceedings held before Judge Gladys Kessler: Status Conference held on 10/15/2012. Order to be presented. (Court Reporter: Susan Tyner) (tth) (Entered: 10/15/2012)
2012-10-16	25	ORDER modifying scheduling order, setting out time for DHS to cull its documents identified as potentially responsiive, setting out a briefing schedule for the parties' Motion for Summary Judgment and Cross-Motion; denying without prejudice Plaintiff's Motion for Contempt; and denying Plaintiff's request for submission of a Vaughn Index prior to DHS's filing of their Motion for Summary Judgment (see Order for details). Signed by Judge Gladys Kessler on 10/16/12. (CL, ) (Entered: 10/16/2012)
2012-10-16		Set/Reset Deadlines: Cross Motions due by 7/1/2013. Response to Cross Motions due by 7/15/2013. Reply to Cross Motions due by 8/1/2013. Summary Judgment motions due by 6/1/2013. Response to Motion for Summary Judgment due by 7/1/2013. Reply to Motion for Summary Judgment due by 7/15/2013. Vaughn Index due by 5/1/2013. (CL, ) (Entered: 10/16/2012)
2012-11-07	26	MOTION for Reconsideration re 25 Order, by ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 11/07/2012)
2012-11-13	27	NOTICE of Appearance by Tamra Tyree Moore on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Moore, Tamra) (Entered: 11/13/2012)
2012-11-15	28	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Moore, Tamra) (Entered: 11/15/2012)
2012-11-21	29	MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Reconsideration re 25 Order, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 11/21/2012)
2012-11-21	30	Memorandum in opposition to re 29 MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Reconsideration re 25 Order, Combined Opposition/Cross-Motion filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Rotenberg, Marc) (Entered: 11/21/2012)
2012-11-26	31	Cross MOTION for Order Granting Plaintiff's Motion for Reconsideration as Unopposed by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Text of Proposed Order)(Rotenberg, Marc) (Entered: 11/26/2012)
2012-11-26		MINUTE ORDER denying 31 Plaintiff's Motion for Order for Reconsideration as Unopposed. Signed by Judge Gladys Kessler on 11/26/12. (CL, ) (Entered: 11/26/2012)
2012-11-26		MINUTE ORDER granting 29 Defendant's Motion for Extension of Time; Defendant shall have up to and including November 30, 2012, in which to file a response to Plaintiff's Motion for Reconsideration. Signed by Judge Gladys Kessler on 11/26/12. (CL, ) (Entered: 11/26/2012)
2012-11-26		Set/Reset Deadlines: Responses due by 11/30/2012 (CL, ) (Entered: 11/26/2012)
2012-11-26		Set/Reset Deadlines: Response to plaintiff's motion for reconsideration due by 11/30/2012. (zmm, ) (Entered: 11/26/2012)
2012-11-30	32	RESPONSE re 26 MOTION for Reconsideration re 25 Order, Defendant's Opposition to Plaintiff's Motion for Reconsideration filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Decl. of James V.M.L. Holzer, dated Sept. 14, 2012, # 2 Exhibit ACLU v. DOD, No.09-8071 (S.D.N.Y. Mar. 20, 2012), # 3 Text of Proposed Order)(Marcus, Lisa) (Entered: 11/30/2012)
2012-11-30	33	Cross MOTION to Modify Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit Decl. of James V.M.L. Holzer, dated Sept. 14, 2012, # 2 Exhibit ACLU v. DOD, No.09-8071 (S.D.N.Y. Mar. 20, 2012), # 3 Text of Proposed Order)(Marcus, Lisa) Modified on 12/3/2012 (jf, ). (Entered: 11/30/2012)
2012-12-07	34	ENTERED IN ERROR PER COUNSEL. . . . .REPLY to opposition to motion re 26 MOTION for Reconsideration re 25 Order, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Yonemoto v. Dept of Veterans Affairs)(McCall, Ginger) Modified on 12/7/2012 (td, ). (Entered: 12/07/2012)
2012-12-07	35	REPLY to opposition to motion re 26 MOTION for Reconsideration re 25 Order, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit Yonemoto v. Dept of Veterans Affairs, # 2 Text of Proposed Order)(Rotenberg, Marc) (Entered: 12/07/2012)
2012-12-07	36	Memorandum in opposition to re 33 MOTION to Modify Schedule filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit Yonemoto v. Dept of Veterans Affairs, # 2 Text of Proposed Order)(Rotenberg, Marc) (Entered: 12/07/2012)
2012-12-07		NOTICE OF CORRECTED DOCKET ENTRY: re 34 Reply to opposition to Motion, was entered in error per counsel and refiled as docket entries 35 and 36 . (td, ) (Entered: 12/07/2012)
2012-12-14	37	REPLY to opposition to motion re 33 MOTION to Modify Schedule filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Marcus, Lisa) (Entered: 12/14/2012)
2012-12-17	38	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Moore, Tamra) (Entered: 12/17/2012)
2012-12-26		MINUTE ORDER Upon consideration of Plaintiff's Motion for Reconsideration of the October 16, 2012 Order (Dkt. No. 26) and Defendant's Cross Motion to Modify Schedule (Dkt. No. 33), a Motions Hearing is hearby set in this case for January 7, 2013 at 2:00pm. Signed by Judge Gladys Kessler on 12/26/12. (lcgk1, ) (Entered: 12/26/2012)
2012-12-27		Set/Reset Hearings: Motion Hearing set for 1/7/2013, at 02:00 PM in Courtroom 26A before Judge Gladys Kessler. (tth) (Entered: 12/27/2012)
2013-01-07		Minute Entry for proceedings held before Judge Gladys Kessler: Motion Hearing held on 1/7/2013 re 26 MOTION for Reconsideration re 25 Order, filed by ELECTRONIC PRIVACY INFORMATION CENTER; heard and taken under advisement. (Court Reporter: Susan Tyner) (tth) (Entered: 01/07/2013)
2013-01-08	39	ORDER granting in part and denying in part 26 Plaintiff's Motion for Reconsideration (see Order for details). Signed by Judge Gladys Kessler on 1/8/12. (CL, ) (Entered: 01/08/2013)
2013-01-08		Set/Reset Deadlines: Vaughn Index due by 6/1/2013. Complete production of non-exempt documents due by 4/15/2013. Cross Motions due by 8/1/2013. Response to Cross Motions due by 8/15/2013. Reply to Cross Motions due by 9/1/2013. Summary Judgment motions due by 7/1/2013. Response to Motion for Summary Judgment due by 8/1/2013. Reply to Motion for Summary Judgment due by 8/15/2013. (CL, ) (Entered: 01/08/2013)
2013-02-01	40	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Moore, Tamra) (Entered: 02/01/2013)
2013-03-01	41	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Marcus, Lisa) (Entered: 03/01/2013)
2013-04-15	42	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Moore, Tamra) (Entered: 04/15/2013)
2013-05-31	43	Consent MOTION for Extension of Time to Produce to Plaintiff Defendant's Vaughn Index by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 05/31/2013)
2013-05-31		MINUTE ORDER granting 43 Defendant's Consent Motion for Extension of Time; Defendant shall have up to and including June 14, 2013, in which to produce its Vaughn Index to Plaintiff. Signed by Judge Gladys Kessler on 5/31/13. (CL, ) (Entered: 05/31/2013)
2013-05-31		Set/Reset Deadlines: Vaughn Index due by 6/14/2013, (CL, ) (Entered: 05/31/2013)
2013-06-14	44	Unopposed MOTION for Extension of Time to Produce Vaughn Index by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 06/14/2013)
2013-06-17		MINUTE ORDER granting 44 Defendant's Unoppsed Motion for Extension of Time; Defendant shall have up to and including June 21, 2013, in which to produce its Vaughn Index to Plaintiff. Signed by Judge Gladys Kessler on 617/13. (CL, ) (Entered: 06/17/2013)
2013-06-25	45	MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 06/25/2013)
2013-06-26		MINUTE ORDER granting 45 Motion for Extension of Time; Defendant's Motion for Summary Judgment shall be filed on or before August 16, 2013; Plaintiff's Opposition and Cross-Motion shall be filed on or before September 13, 2013; Defendant's Reply and Opposition shall be filed on or before October 4, 2013; Plaintiff's Reply shall be filed on or before October 25, 2013. Signed by Judge Gladys Kessler on 6/26/13. (CL, ) Modified event title on 6/27/2013 (znmw, ). (Entered: 06/26/2013)
2013-06-26		Set/Reset Deadlines: Cross Motions due by 9/13/2013. Response to Cross Motions due by 10/4/2013. Reply to Cross Motions due by 10/25/2013. Summary Judgment motions due by 8/16/2013. Response to Motion for Summary Judgment due by 9/13/2013. Reply to Motion for Summary Judgment due by 10/4/2013. (CL, ) (Entered: 06/26/2013)
2013-06-28	46	MOTION for Leave to Appear by Amie Stepanovich by ELECTRONIC PRIVACY INFORMATION CENTER (Stepanovich, Amie) (Entered: 06/28/2013)
2013-06-28	47	MOTION to Modify Scheduling Order by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Affidavit Affidavit of Amie Stepanovich, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Text of Proposed Order)(Stepanovich, Amie) (Entered: 06/28/2013)
2013-07-02	48	Memorandum in opposition to re 47 MOTION to Modify Scheduling Order filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Marcus, Lisa) (Entered: 07/02/2013)
2013-07-25	49	ORDER denying 47 Plaintiff's Motion to Modify the briefing schedule. Signed by Judge Gladys Kessler on 7/25/13. (CL, ) (Entered: 07/25/2013)
2013-08-02	50	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Ginger P. McCall terminated. (McCall, Ginger) (Entered: 08/02/2013)
2013-08-15	51	Second MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 08/15/2013)
2013-08-16		ENTERED IN ERROR. . . . . MINUTE ORDER granting 51 Defendant's Motion for Extension of Time; Defendant shall have up to and including August 30, 2013, in which to file its Motion for Summary Judgment; Plaintiff's Opposition and Cross-Motion shall be filed on or before September 27, 2013; Defendant's Opposition and Reply in Support of its Motion for Summary Judgment shall be filed on or before October 18, 2013; Plaintiff's Reply in Support of its Cross-Motion shall be due on or before November 8, 2013. Signed by Judge Gladys Kessler on 8/16/13. (CL, ) Modified on 8/16/2013 (CL, ). (Entered: 08/16/2013)
2013-08-16		Set/Reset Deadlines: Cross Motions due by 9/27/2013. Response to Cross Motions due by 10/18/2013. Reply to Cross Motions due by 11/8/2013. Summary Judgment motions due by 8/30/2013. Response to Motion for Summary Judgment due by 9/27/2013. Reply to Motion for Summary Judgment due by 10/18/2013 (CL, ). (Entered: 08/16/2013)
2013-08-16	52	Memorandum in opposition to re 51 Second MOTION for Extension of Time to File Summary Judgment Motion filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Stepanovich, Amie) (Entered: 08/16/2013)
2013-08-19		MINUTE ORDER granting Defendant's Second Motion for Extension of Time to File Its Motion for Summary Judgment on the condition that this is the LAST extension request; Defendant's Motion for Summary Judgment shall be due on or before August 30, 2013; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due on or befoe September 27, 2013; Defendant's Opposition to the Cross-Motion and Reply in Support of Its Motion shall be due on or before October 18, 2013; Plaintiff's Reply in Support of its Motion for Summary Judgment shall be filed on or before November 8, 2013. Signed by Judge Gladys Kessler on 8/19/13. (CL, ) (Entered: 08/19/2013)
2013-08-19		Set/Reset Deadlines: Dispositive Motions due by 8/30/2013. Cross Motions due by 9/27/2013. Response to Cross Motions due by 10/8/2013. Response to Dispositive Motions due by 9/27/2013. Reply to Dispositive Motions due by 11/8/2013. (tth) (Entered: 08/19/2013)
2013-08-30	53	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit DHS Declaration, # 4 Exhibit Vaughn Index, # 5 Exhibit DOD Declaration, # 6 Exhibit DOJ Declaration, # 7 Text of Proposed Order)(Marcus, Lisa) (Entered: 08/30/2013)
2013-08-31	54	ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 53 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Memorandum in Support)(Marcus, Lisa) (Entered: 08/31/2013)
2013-09-04	55	ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 53 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit DHS Declaration)(Moore, Tamra) (Entered: 09/04/2013)
2013-09-27	56	ERRATA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY 53 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit DOD Declaration)(Marcus, Lisa) (Attachment 1 replaced on 9/27/2013) (rdj). (Entered: 09/27/2013)
2013-09-27	57	Cross MOTION for Summary Judgment Combined Cross-Motion and Motion for Oral Hearing by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support Combine Cross-Motion and Motion for Oral Hearing, # 2 Exhibit Exhibit 1 - Statement of Facts, # 3 Exhibit Exhibit 2 - Statement of Genuine Issues in Opposition to Defendant's Statement of Facts, # 4 Exhibit Exhibit 3 - Third Declaration of Amie L. Stepanovich, # 5 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 1), # 6 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 2), # 7 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 3), # 8 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 4), # 9 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 5), # 10 Exhibit Exhibit 5 - Document 434, # 11 Exhibit Exhibit 6 - Document 276, # 12 Text of Proposed Order)(Stepanovich, Amie) (Entered: 09/27/2013)
2013-09-27	58	Memorandum in opposition to re 53 MOTION for Summary Judgment Combine Cross-Motion and Opposition filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit Exhibit 1 - Statement of Facts, # 2 Exhibit Exhibit 2 - Statement of Genuine Issues in Opposition to Defendant's Statement of Facts, # 3 Exhibit Exhibit 3 - Third Declaration of Amie L. Stepanovich, # 4 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 1), # 5 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 2), # 6 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 3), # 7 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 4), # 8 Exhibit Exhibit 4 - Excerpts from DHS Document Production (Pt. 5), # 9 Exhibit Exhibit 5 - Document 434, # 10 Exhibit Exhibit 6 - Document 276, # 11 Text of Proposed Order)(Stepanovich, Amie) (Entered: 09/27/2013)
2013-10-01	59	MOTION to Stay in light of lapse of appropriations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 10/01/2013)
2013-10-02		MINUTE ORDER granting 59 the United States' Motion to Stay Proceedings in Light of Lapse of Appropriations; upon the restoration of appropriations, all current deadlines for the parties shall be extended commensurate with the duration of the lapse in appropriations. Signed by Judge Gladys Kessler on 10/2/13. (CL, ) (Entered: 10/02/2013)
2013-10-21	60	NOTICE of Restoration of Appropriations by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Marcus, Lisa) (Entered: 10/21/2013)
2013-10-22		MINUTE ORDER: The remaining deadlines for the parties' cross-motions for summary judgment are hereby extended by 16 days; Defendant's Opposition/Reply brief is now due on November 4, 2013; the deadline for Plaintiff's Reply Brief is now November 25, 2013. Signed by Judge Gladys Kessler on 10/22/13. (CL, ) (Entered: 10/22/2013)
2013-10-22		Set/Reset Deadlines: Response to Cross Motions due by 11/4/2013. Reply to Cross Motions due by 11/25/2013. Reply to Motion for Summary Judgment due by 11/4/2013. (CL, ) (Entered: 10/22/2013)
2013-11-04	61	REPLY to opposition to motion re 53 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Third Holzer Declaration, # 2 Exhibit E-1, # 3 Exhibit E-2)(Marcus, Lisa) (Entered: 11/04/2013)
2013-11-04	62	Memorandum in opposition to re 57 Cross MOTION for Summary Judgment Combined Cross-Motion and Motion for Oral Hearing filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit Third Holzer Declaration, # 2 Exhibit E-1, # 3 Exhibit E-2, # 4 Response to Plaintiff's Statement of Material Facts)(Marcus, Lisa) (Entered: 11/04/2013)
2013-11-25	63	REPLY to opposition to motion re 57 Cross MOTION for Summary Judgment Combined Cross-Motion and Motion for Oral Hearing filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Stepanovich, Amie) (Entered: 11/25/2013)
2014-02-03	64	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Amie L. Stepanovich terminated. (Stepanovich, Amie) (Entered: 02/03/2014)
2014-04-09	65	NOTICE of Appearance by Ginger P. McCall on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (McCall, Ginger) (Entered: 04/09/2014)
2015-05-19	66	NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Ginger P. McCall terminated. (McCall, Ginger) (Entered: 05/19/2015)
2015-08-04	67	ORDER granting in part and denying in part 53 the Government's Motion for Summary Judgment; denying without prejudice 57 EPIC's Motion for Summary Judgment with regarding to withholdings under Exemption 7(D); otherwise EPIC's Motion is denied; the Government shall have until September 15, 2015, to file a revised Vaughn Index explaining its withholdings under Exemption 7(D) in a manner consistent with this Order and the accompanying Memorandum Opinion. Signed by Judge Gladys Kessler on 8/4/15. (CL) (Entered: 08/04/2015)
2015-08-04	68	MEMORANDUM OPINION to the Order on the Cross-Motions for Summary Judgment. Signed by Judge Gladys Kessler on 8/4/15. (CL) (Entered: 08/04/2015)
2015-08-04		Set/Reset Deadlines: Revised Vaughn Index due by 9/15/2015, (CL) (Entered: 08/04/2015)
2015-09-18	69	MOTION for Extension of Time to File Supplemental, Revised Vaughn Index by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 09/18/2015)
2015-09-21	70	ORDER granting 69 Defendant's Motion for Extension of Time; Defendant shall have up to and including to September 29, 2015, in which to file a Revised Vaughn Index. Signed by Judge Gladys Kessler on 9/21/15. (CL) (Entered: 09/21/2015)
2015-09-21		Set/Reset Deadlines: Vaughn Index due by 9/29/2015 (CL) (Entered: 09/21/2015)
2015-09-21	71	NOTICE of Appearance by Jeramie D. Scott on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Scott, Jeramie) (Entered: 09/21/2015)
2015-09-21	72	NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 09/21/2015)
2015-09-30	73	NOTICE of Filing of Supplemental Vaughn Index and Declaration by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Marcus, Lisa) (Entered: 09/30/2015)
2015-09-30	74	Vaughn Index : Supplemental Vaughn Index for Exemption 7(D) Withholdings . (Attachments: # 1 2nd Declaration of Mark H. Herrington)(Marcus, Lisa) (Entered: 09/30/2015)
2015-10-26	75	ORDER that the Parties shall file a Joint Status Report, no later than November 15, 2015, advising the Court as to how they wish to proceed, given the filing of Defendant's revised Vaughn Index. Signed by Judge Gladys Kessler on 10/26/15. (CL) (Entered: 10/26/2015)
2015-10-26		Set/Reset Deadlines: Status Report due by 11/15/2015 (CL) (Entered: 10/26/2015)
2015-11-16	76	Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 11/16/2015)
2015-11-17	77	ORDER that the Parties shall file a further Joint Status Report, no later than December 15, 2015, indicating whether they have reached a settlement on the remaining issues of costs and attorneys' fees, or whether they wish to present to the Court a proposed Scheduling Order. Signed by Judge Gladys Kessler on 11/17/15. (CL) (Entered: 11/17/2015)
2015-11-17		Set/Reset Deadlines: Joint Status Report due by 12/15/2015 (CL) (Entered: 11/17/2015)
2015-12-15	78	STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 12/15/2015)
2015-12-15	79	STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Marcus, Lisa) (Entered: 12/15/2015)
2015-12-22		MINUTE ORDER: The Parties shall file a Joint Status Report no later than January 14, 2016. Signed by Judge Gladys Kessler on 12/22/15. (CL) (Entered: 12/22/2015)
2015-12-22		Set/Reset Deadlines: Joint Status Report due by 1/14/2016 (CL) (Entered: 12/22/2015)
2016-01-14	80	Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 01/14/2016)
2016-02-05	81	MOTION for Attorney Fees by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Declaration of T. John Tran, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Affidavit of Marc Rotenberg, # 11 Affidavit of Ginger McCall, # 12 Affidavit of Amie Stepanovich, # 13 Affidavit of Alan Jay Butler, # 14 Affidavit of David Jacobs, # 15 Affidavit of Jeramie D. Scott, # 16 Affidavit of Julia Horwitz, # 17 Affidavit of T. John Tran, # 18 Text of Proposed Order)(Scott, Jeramie) (Entered: 02/05/2016)
2016-02-18	82	Joint MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 02/18/2016)
2016-02-24	83	ORDER granting 82 the Parties' Joint Motion for Briefing Schedule; Plaintiff's fee petition, filed on February 5, 2016, is deemed timely filed; Defendant's Opposition shall be due on or before March 4, 2016; Plaintiff's Reply Brief shall be due on or before March 18, 2016. Signed by Judge Gladys Kessler on 2/24/16. (CL) (Entered: 02/24/2016)
2016-02-24		Set/Reset Deadlines: Responses due by 3/4/2016 Replies due by 3/18/2016. (CL) (Entered: 02/24/2016)
2016-03-03	84	Unopposed MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Attorney Fees ; Motion for Two-Business-Day Extension by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 03/03/2016)
2016-03-04	85	ORDER granting 84 Defendant's Unopposed Motion for Extension of Time; Defendant shall have up to and including March 8, 2016, in which to file its Opposition to Plaintiff's Motion for Attorneys' Fees; Plaintiffs shall file its reply brief no later than March 22, 2016. Signed by Judge Gladys Kessler on 3/4/16. (CL) (Entered: 03/04/2016)
2016-03-04		Set/Reset Deadlines: Responses due by 3/8/2016 Replies due by 3/22/2016. (CL) (Entered: 03/04/2016)
2016-03-09	86	RESPONSE re 81 MOTION for Attorney Fees filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Marcus, Lisa) (Entered: 03/09/2016)
2016-03-22	87	REPLY to opposition to motion re 81 MOTION for Attorney Fees and Costs filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Declaration of T. John Tran, # 2 Exhibit 1, # 3 Affidavit of Alan Butler, # 4 Affidavit of Marc Rotenberg, # 5 Affidavit of Jeramie Scott, # 6 Affidavit of Aimee Thomson, # 7 Affidavit of T. John Tran, # 8 Exhibit A, # 9 Exhibit B)(Scott, Jeramie) (Entered: 03/22/2016)
2016-11-21	88	ORDER granting in part and denying in part 81 Plaintiff's Motion for Attorney Fees (see Memorandum Opinion for details); it is also ORDERED that consistent with the language contained in the Memorandum Opinion, Plaintiff shall submit revised billing records for fees consistent with the decisions contained in the Memorandum Opinion. Signed by Judge Gladys Kessler on 11/21/16. (CL) (Entered: 11/21/2016)
2016-11-21	89	MEMORANDUM OPINION to the Order granting in part and denying in part Plaintiff's Motion for Attorney Fees. Signed by Judge Gladys Kessler on 11/21/16. (CL) (Entered: 11/21/2016)
2016-11-23		MINUTE ORDER: The following is the schedule for submission of the Revised Bill by EPIC and review of the Revised Bill by the Government: EPIC shall submit their Revised Bill and annotated copy of the Original Bill no later than December 14, 2016; the Government shall present to the Court challenges to any line items in the Revised Bill no later than January 9, 2017. Signed by Judge Gladys Kessler on 11/23/16. (CL) (Entered: 11/23/2016)
2016-11-23		Set/Reset Deadlines: Revised Bill due by 12/14/16. Response to Revised Bill due by 1/9/2017 (CL) (Entered: 11/23/2016)
2016-12-13	90	REVISED BILL OF COSTS by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit A-Revised Bill of Fees and Costs, # 2 Exhibit B-Annotated Original Bill of Fees and Costs, # 3 Exhibit C-Annotated Original Supplemental Bill)(Tran, Thailam) Modified event title on 12/14/2016 (znmw). (Entered: 12/13/2016)
2017-01-08	91	MOTION for Extension of Time to file any objection to renewed fee petiition by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 01/08/2017)
2017-01-09	92	ORDER granting 91 Motion for Extension of Time to file any objection to renewed fee petition. The deadline for Defendant's objection is extended from January 9, 2017, to January 13, 2017. Signed by Judge Gladys Kessler on 1/9/2017. (lcgk2, ) (Entered: 01/09/2017)
2017-01-10		Set/Reset Deadlines: Response due by 1/13/2017 (tth) (Entered: 01/10/2017)
2017-01-14	93	RESPONSE re 90 to Plaintiff's Revised Fee Petition filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Marcus, Lisa) Modified to add link on 1/17/2017 (znmw). (Entered: 01/14/2017)
2017-02-21	94	MOTION to Strike 93 Response to Document in Part and to File Annotated Revised Bill by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Exhibit A - Annotated Revised Bill of Fees and Costs)(Butler, Alan). Added MOTION for Leave to File on 2/22/2017 (znmw). (Entered: 02/21/2017)
2017-03-07	95	Unopposed MOTION for Extension of Time to File Response/Reply as to 94 MOTION to Strike 93 Response to Document in Part and to File Annotated Revised Bill MOTION for Leave to File by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Marcus, Lisa) (Entered: 03/07/2017)
2017-03-08	96	ORDER granting 95 Defendant's Unopposed Motion for Two-Day Extension of Time; Defendant shall have up to and including March 9, 2017, in which to file its response to Plaintiff's Motion to File Annotated Revised Bill and to Strike Defendant's Response in Part. Signed by Judge Gladys Kessler on 3/8/17. (CL) (Entered: 03/08/2017)
2017-03-08		Set/Reset Deadlines: Responses due by 3/9/2017 (CL) (Entered: 03/08/2017)
2017-03-09	97	Memorandum in opposition to re 94 MOTION to Strike 93 Response to Document in Part and to File Annotated Revised Bill MOTION for Leave to File filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A)(Marcus, Lisa) (Entered: 03/09/2017)
2017-04-25	98	ORDER denying 94 Plaintiff's Motion to File Annotated Revised Bill and to Strike Defendant's Response in Part. Signed by Judge Gladys Kessler on 4/25/17. (CL) (Entered: 04/25/2017)
2017-06-05	99	ENTERED IN ERROR.....ORDER that after consideration of the entire record, and for the foregoing reasons set forth herein, EPIC is awarded $96,027.98 in attorneys' fees and costs (see Order for details). Signed by Judge Gladys Kessler on 6/5/17. (CL) Modified on 6/6/2017 to enter in error at the request of the filer; corrected version filed.(ztnr) (Entered: 06/05/2017)
2017-06-05	100	AMENDED ORDER: After consideration of the entire record and for the reasons set forth herein, EPIC is awarded $96,027.98 in attorneys' fees and costs (this Order replaces the Order filed previously). Signed by Judge Gladys Kessler on 6/5/17. (CL) (Entered: 06/05/2017)
2017-09-14		Case directly reassigned to Judge Timothy J. Kelly. Judge Gladys Kessler is no longer assigned to the case. (ztnr) (Entered: 09/14/2017)
2017-10-17		MINUTE ORDER: It is hereby ORDERED that on or before October 24, 2017, the parties shall file a joint status report setting forth any outstanding issues before the Court and, if there are none, whether there is any reason the Court should not consider the case closed. Signed by Judge Timothy J. Kelly on 10/17/2017. (lctjk1) (Entered: 10/17/2017)
2017-10-24	101	STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 10/24/2017)
2017-10-25	102	STATUS REPORT Concurring with Plaintifff's Status Report (Dkt. # 101) by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Marcus, Lisa) (Entered: 10/25/2017)
2017-10-30	103	ORDER dismissing action. Signed by Judge Timothy J. Kelly on 10/30/2017. (lctjk3) (Entered: 10/30/2017)
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