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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. DEPARTMENT OF DEFENSE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01555
Date Filed2014-09-11
Date Closed2015-07-31
JudgeJudge Tanya S. Chutkan
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionEPIC submitted a FOIA request to the Department of Defense for records concerning e-vote system testing. EPIC requested expedited processing, inclusion in the news media fee category, and a public interest fee waiver. The agency acknowledged receipt of the request, but did not make a determination or address EPIC's requests for expedited processing, fee category, and fee waiver. EPIC then filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Media or Educational, Public Interest Fee Waiver, Expedited processing

DefendantDEPARTMENT OF DEFENSE
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

2014-09-111COMPLAINT against DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-3836692) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Department of Defense, # 3 Summons Attorney General, # 4 Summons U.S. Attorney for the District of Columbia)(McCall, Ginger) (Entered: 09/11/2014)
2014-09-112LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (McCall, Ginger) (Entered: 09/11/2014)
2014-09-11Case Assigned to Judge Tanya S. Chutkan. (md, ) (Entered: 09/12/2014)
2014-09-123SUMMONS (3) Issued Electronically as to DEPARTMENT OF DEFENSE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 09/12/2014)
2014-09-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2014. Answer due for ALL FEDERAL DEFENDANTS by 10/19/2014. (Attachments: # 1 Affidavit U.S. Attorney General, # 2 Affidavit United States Attorney for the District of Columbia, # 3 Affidavit Department of Defense, # 4 Exhibit Receipt for Certified Mail - U.S. Attorney General, # 5 Exhibit Receipt for Certified Mail - United States Attorney for the District of Columbia, # 6 Exhibit Receipt for Certified Mail - Department of Defense)(McCall, Ginger) (Entered: 09/23/2014)
2014-10-015NOTICE Summons returned, summons to reissue by ELECTRONIC PRIVACY INFORMATION CENTER re 3 Summons Issued Electronically as to AUSA (McCall, Ginger) (Entered: 10/01/2014)
2014-10-076NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 10/07/2014)
2014-10-147SUMMONS (1) Reissued Electronically as to DEPARTMENT OF DEFENSE (jf, ) (Entered: 10/14/2014)
2014-10-168MOTION for Extension of Time to Respond to Plaintiff's Complaint by DEPARTMENT OF DEFENSE (Truong, John) (Entered: 10/16/2014)
2014-10-179Memorandum in opposition to re 8 MOTION for Extension of Time to Respond to Plaintiff's Complaint filed by ELECTRONIC PRIVACY INFORMATION CENTER. (McCall, Ginger) (Entered: 10/17/2014)
2014-10-2010SUPPLEMENTAL MEMORANDUM to re 9 Memorandum in Opposition filed by ELECTRONIC PRIVACY INFORMATION CENTER. (McCall, Ginger) (Entered: 10/20/2014)
2014-10-20ORDER granting in part and denying in part 8 Defendant's Motion for Extension of Time. Defendant shall respond to the Complaint by November 3, 2014; Set/Reset Deadlines:Answer due by 11/3/2014. Signed by Judge Tanya S. Chutkan on 10/20/2014. (lctsc2) (Entered: 10/20/2014)
2014-11-0311ANSWER to Complaint by DEPARTMENT OF DEFENSE.(Truong, John) (Entered: 11/03/2014)
2014-11-04MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than December 2, 2014. Signed by Judge Tanya S. Chutkan on 11/4/14. (DJS) (Entered: 11/04/2014)
2014-11-05Reset Deadlines: Joint Status Report due by 12/2/2014 (tj ) (Entered: 11/05/2014)
2014-12-0212STATUS REPORT Joint Status Report by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(McCall, Ginger) (Entered: 12/02/2014)
2014-12-03MINUTE ORDER: Having considered the parties' joint status report it is hereby ordered that the following deadlines shall apply: Production of Documents by January 31, 2015; Vaughn Index (Declaration)/Defendant's Motion for Summary Judgment by March 1, 2015; Plaintiff's Combined Cross Motion/Opposition by April 1, 2015; Defendant's Combined Opposition/Reply by April 15, 2015; Plaintiff's Reply by April 30, 2015. Signed by Judge Tanya S. Chutkan on 12/3/14. (DJS) (Entered: 12/03/2014)
2014-12-04Set/Reset Deadlines: Production of Documents due by 1/31/2015. Summary Judgment motion and Vaughn Index due by 3/1/2015.Plaintiff's Cross Motion due by 4/1/2015. Defendant's Response to Cross Motion due by 4/15/2015. Plaintiff's Reply to Cross Motions due by 4/30/2015. (sm) (Entered: 12/04/2014)
2015-02-2613Consent MOTION to Modify Dec. 3, 2014 Scheduling Order by DEPARTMENT OF DEFENSE (Truong, John) (Entered: 02/26/2015)
2015-02-27MINUTE ORDER: Granting 13 Motion to Modify the Scheduling Order. The following schedule shall apply: Defendant completes additional searches, revisits withheld information, and produces non-exempt information (if any) by March 31, 2015. Defendant's motion for summary judgment with Vaughn index/declaration(s) due by April 30, 2015. Plaintiff's opposition/cross-motion due by June 1, 2015. Defendant's reply/opposition due by June 15, 2015. Plaintiff's reply (if Plaintiff files cross-motion) due by June 30, 2015. Signed by Judge Tanya S. Chutkan on 2/27/2015. (lctsc2) (Entered: 02/27/2015)
2015-02-27Set/Reset Deadlines: Defendant to produce non-exempt information, if any, by 3/31/2015; Defendant's Motion for Summary Judgment with Vaughn Index and declaration(s) is due by 4/30/2015; Plaintiff's Opposition/Cross-Motion is due by 6/1/2015; Defendant's Reply/Cross-Opposition is due by 6/15/2015; Plaintiff's Cross-Reply, if any is due by 6/30/2015. (jth) (Entered: 02/27/2015)
2015-03-2814Consent MOTION to Modify February 27, 2105 Scheduling Order by DEPARTMENT OF DEFENSE (Truong, John) (Entered: 03/28/2015)
2015-04-0815ORDER granting Defendant's 14 Consent Motion to Modify Scheduling Order. Defendant's Motion for Summary Judgment (with Vaughn Index and/or Declaration) by May 29, 2015; Plaintiff's Opposition/Cross-Motion for Summary Judgment by July 1, 2015; Defendant's Reply/Opposition by July 15, 2015; Plaintiff's Reply July 30, 2015. Signed by Judge Tanya S. Chutkan on 4/8/15. (DJS) (Entered: 04/08/2015)
2015-04-09Set/Reset Deadlines: Summary Judgment motion due by 5/29/2015. Response to Motion for Summary Judgment due by 7/1/2015. Reply to Motion for Summary Judgment due by 7/15/2015. Reply due by 7/30/2015. (sm) (Entered: 04/09/2015)
2015-05-1916NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Ginger P. McCall terminated. (McCall, Ginger) (Entered: 05/19/2015)
2015-05-2717Consent MOTION to Modify April 9, 2015 Scheduling Order by DEPARTMENT OF DEFENSE (Truong, John) (Entered: 05/27/2015)
2015-05-28MINUTE ORDER: Granting 17 Consent Motion to Modify Scheduling Order. Defendant's Motion for Summary Judgment (with Vaughn Index and/or Declaration) due byJune 29, 2015. Plaintiff's Opposition/Cross-Motion for Summary Judgment due by August 1, 2015; Defendant's Reply/Opposition due by August 15, 2015; Plaintiff's Reply due by August 30, 2015. Signed by Judge Tanya S. Chutkan on 5/28/15. (DJS) (Entered: 05/28/2015)
2015-05-29Set/Reset Deadlines: Summary Judgment motions due by 6/29/2015. Response to Motion for Summary Judgment due by 8/1/2015. Reply to Motion for Summary Judgment due by 8/15/2015. Reply due by 8/30/2015. (zsm) (Entered: 05/29/2015)
2015-06-2918NOTICE of Settlement In Principle and Motion To Vacate All Deadlines by DEPARTMENT OF DEFENSE (Truong, John) (Entered: 06/29/2015)
2015-07-01MINUTE ORDER: Having considered the Notice of Settlement filed on 6/29/15 18 advising the court that settlement has been reached, the scheduling deadlines in this action is hereby vacated. Not later than 7/29/15 the parties shall file a joint stipulation of dismissal. In the absence of a joint stipulation of dismissal, this court may provisionally dismiss this matter without prejudice and allow the parties to reopen in the event settlement is not consummated. Signed by Judge Tanya S. Chutkan on 7/1/15. (DJS) Modified on 7/1/2015 (zsm). (Entered: 07/01/2015)
2015-07-01Set/Reset Deadlines: Stipulation of Dismissal due by 7/29/2015. (zsm) (Entered: 07/01/2015)
2015-07-1319STIPULATION of Dismissal and Settlement by DEPARTMENT OF DEFENSE. (Truong, John) (Entered: 07/13/2015)
2015-07-3120ORDER OF DISMISSAL: In light of the Joint Stipulation of Dismissal filed by the parties 19 this action is hereby dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 7/31/15. (DJS) (Entered: 07/31/2015)
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