Skip to content

Case Detail

[Subscribe to updates]
Case TitleELECTRONIC FRONTIER FOUNDATION v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00200
Date Filed2015-02-10
Date Closed2016-06-27
JudgeJudge Colleen Kollar-Kotelly
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionEFF submitted a FOIA request to the Department of Justice for records concerning "dirtboxes" and other international mobile subscriber identity catcher devices operated from planes. EFF also requested expedited processing. DOJ referred the request to the U.S. Marshals Service, which acknowledged receipt of the request. The FBI also acknowledged receipt of the request. After hearing nothing further from the agency, EFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
  ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE
Def.'s Answer
Def.'s Motion for Summary Judgment
Settlement Agreement
[Proposed] Order
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-02-101COMPLAINT for Injunctive Relief against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3989453) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sobel, David) (Entered: 02/10/2015)
2015-02-102LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 02/10/2015)
2015-02-10Case Assigned to Judge Colleen Kollar-Kotelly. (rd) (Entered: 02/10/2015)
2015-02-103ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on February 10, 2015. (NS) (Entered: 02/10/2015)
2015-02-114SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (rd) (Entered: 02/11/2015)
2015-03-195NOTICE of Appearance by Zachary John Corey on behalf of U.S. DEPARTMENT OF JUSTICE (Corey, Zachary) (Entered: 03/19/2015)
2015-03-206ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE.(Corey, Zachary) (Entered: 03/20/2015)
2015-03-24MINUTE ORDER (paperless). Defendant Department of Justice has filed an 6 Answer in this FOIA case. The parties shall promptly meet and confer and, by no later than APRIL 24, 2015, file a Joint Status Report proposing a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 3/24/2015. (lcckk2) (Entered: 03/24/2015)
2015-03-24Set/Reset Deadlines: Attorney Meet and Confer Conference due by 4/24/2015. Joint Status Report due by 4/24/2015. (dot) (Entered: 03/24/2015)
2015-04-247STATUS REPORT (JOINT) by U.S. DEPARTMENT OF JUSTICE. (Corey, Zachary) (Entered: 04/24/2015)
2015-04-24Set/Reset Deadlines: Joint Status Report due by 5/27/2015. (dot ) (Entered: 05/04/2015)
2015-04-27MINUTE ORDER (paperless). Based on the parties' 7 Joint Status Report, it is unclear how long it will take the Defendants to process the FOIA request subject to this action. Therefore, the parties shall file another Joint Status Report by no later than MAY 27, 2015, laying out a schedule for the processing of the request by Defendants. In addition, if it appears that "exceptional circumstances" will delay the processing of this request due to the nature of the request, the number of agencies involved, and/or the volume of materials, Defendants shall file a motion for an Open America stay by that same date. Signed by Judge Colleen Kollar-Kotelly on 4/27/2015. (lcckk2) (Entered: 04/27/2015)
2015-05-278STATUS REPORT (JOINT) by U.S. DEPARTMENT OF JUSTICE. (Corey, Zachary) (Entered: 05/27/2015)
2015-05-28MINUTE ORDER (paperless). In the parties' 8 Joint Status Report, the parties agree to a schedule for the processing and disclosure of responsive records by the Criminal Division, but they disagree about whether to immediately begin briefing regarding the expected Glomar responses of the FBI and the USMS. With respect to the Criminal Division, the Department of Justice shall make productions pursuant to the schedule set out in the status report (beginning approximately on July 8, 2015, with rolling productions every four weeks thereafter). Once the Criminal Division has finished the rolling productions and produced a Vaughn index, the Court will set a schedule for dispositive briefing regarding the Criminal Division. Defendant shall file a Notice with the Court when the rolling productions and the Vaughn index are complete. With respect to the FBI and the USMS, the Court agrees with Plaintiff that briefing regarding the agencies' Glomar responses should occur while the Criminal Divisions rolling productions are occurring. However, the Court does not adopt the briefing schedule proposed by Plaintiff. Instead, the parties shall file a Joint Status Report setting out a proposed schedule regarding the Glomar responses of the FBI and the USMS. That Joint Status Report shall be submitted no later than JUNE 10, 2015. The Court will set a schedule for the Glomar briefing at that point. Signed by Judge Colleen Kollar-Kotelly on 5/28/2015. (lcckk2) (Entered: 05/28/2015)
2015-05-28Set/Reset Deadlines: Joint Status Report due by 6/10/2015. (dot) (Entered: 05/28/2015)
2015-06-109STATUS REPORT (JOINT) by U.S. DEPARTMENT OF JUSTICE. (Corey, Zachary) (Entered: 06/10/2015)
2015-06-10MINUTE ORDER (paperless). In the parties' 9 Joint Status Report, the parties report that the FBI and the USMS will no longer assert full Glomar responses to Plaintiff's FOIA request. The Court orders the following schedule proposed by the parties. As soon as possible, but no later than JULY 1, 2015, the FBI will issue a letter to Plaintiff stating for which portions of the request it is searching for records and for which portions it maintains its Glomar response. By no later than JULY 13, 2015, the parties will file a Joint Status Report updating the Court on the status of the FBI's and the USMS's searches and proposing a schedule for the release of responsive, non-exempt records. For the requests for which the FBI maintains its Glomar response, the FBI shall file a dispositive motion no later than AUGUST 11, 2015; Plaintiff shall file its opposition and cross-motion no later than SEPTEMBER 11, 2015; Defendant shall file its cross-opposition/ reply by no later than SEPTEMBER 30, 2015; and Plaintiff shall file its cross-reply by no later than OCTOBER 15, 2015. Signed by Judge Colleen Kollar-Kotelly on 6/10/2015. (lcckk2) (Entered: 06/10/2015)
2015-06-11Set/Reset Deadlines: Joint Status Report due by 7/13/2015 FBI shall file a dispositive motion no later than 8/11/2015. Plaintiff shall file its opposition and cross-motion no later than 9/11/2015. Defendant shall file its cross-opposition/ reply by no later than 9/30/2015. Plaintiff shall file its cross-reply by no later than 10/15/2015. (tcr) (Entered: 06/11/2015)
2015-07-1310STATUS REPORT (JOINT) by U.S. DEPARTMENT OF JUSTICE. (Corey, Zachary) (Entered: 07/13/2015)
2015-07-14MINUTE ORDER (paperless), In light of the 10 Joint Status Report filed by the parties, the Court hereby vacates the briefing schedule previously set with respect to the FBI's Glomar responses. Defendants shall continue to produce responsive records as the parties joint propose. The parties intend for all responsive, non-exempt records to be produced by December 15, 2015. Within fourteen days of the date when all Defendants have produced all responsive, non-exempt records, the parties shall file a Joint Status Report identifying whether any further issues remain in this case and proposing a schedule for further briefing, if necessary. If Defendants have not produced all responsive, non-exempt records by December 15, 2015, the parties shall file a Joint Status Report by no later than JANUARY 7, 2016, informing the Court of the status of the case. Signed by Judge Colleen Kollar-Kotelly on 7/14/2015. (lcckk2) (Entered: 07/14/2015)
2015-12-0311NOTICE OF SUBSTITUTION OF COUNSEL by Marcia Kay Sowles on behalf of U.S. DEPARTMENT OF JUSTICE Substituting for attorney Zachary John Corey (Sowles, Marcia) (Entered: 12/03/2015)
2015-12-2912Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 12/29/2015)
2016-01-04MINUTE ORDER (paperless). In light of the 12 Joint Status Report filed by the parties, the parties shall file a Joint Status Report by no later than JANUARY 26, 2016, updating the Court on the status of the case and, if necessary, proposing a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 1/4/2016. (lcckk2) (Entered: 01/04/2016)
2016-01-04Set/Reset Deadlines: Joint Status Report due by 1/26/2016. (dot) (Entered: 01/04/2016)
2016-01-2613Joint STATUS REPORT by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 01/26/2016)
2016-01-27MINUTE ORDER (paperless). In light of the 13 Joint Status Report filed by the parties, as well as in light of the closure of the Federal government due to a major snowstorm, the parties shall file a Joint Status Report by no later than FEBRUARY 5, 2016, updating the Court on the status of the case and, if necessary, proposing a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 1/27/2016. (lcckk2) (Entered: 01/27/2016)
2016-02-0514Joint STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 02/05/2016)
2016-02-08MINUTE ORDER (paperless). In light of the parties' 14 Joint Status Report the adopts the following schedule for briefing in this case: Defendant's motion for summary judgment is due on MAY 2, 2016; Plaintiff's opposition, together with any cross-motion, is due MAY 31, 2016; Defendant's reply and opposition to any cross-motion are due JUNE 28, 2016; and Plaintiff's reply in support of any cross-motion is due on JULY 13, 2016. Signed by Judge Colleen Kollar-Kotelly on 2/8/2016. (lcckk2) (Entered: 02/08/2016)
2016-02-08Set/Reset Deadlines: Plaintiff's Cross Motions due by 5/31/2016. Response to Cross Motions due by 6/28/2016. Reply to Cross Motions due by 7/13/2016. Defendant's Summary Judgment motions due by 5/2/2016. Response to Motion for Summary Judgment due by 5/31/2016. Reply to Motion for Summary Judgment due by 6/28/2016. (dot) (Entered: 02/08/2016)
2016-05-0215MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Declaration Declaration of David Hardy with Exhibits, # 2 Declaration Declaration of Peter C. Sprung with Exhibits, # 3 Declaration Declaration of William E. Bordley, # 4 Exhibits to Bordley Declaration, # 5 Declaration Declaration of Vanessa Brinkmann with Exhibits, # 6 Declaration Declaration of Katherine L. Myrick, # 7 Exhibits to Myrick Declaration, # 8 Statement of Material Facts as to Which There is No Dispute, # 9 Text of Proposed Order)(Sowles, Marcia) (Entered: 05/02/2016)
2016-05-0216NOTICE of Ex Parte, In Camera Filing by U.S. DEPARTMENT OF JUSTICE re 15 MOTION for Summary Judgment (Sowles, Marcia) (Entered: 05/02/2016)
2016-05-2617Joint MOTION to Stay Proceedings by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Text of Proposed Order)(Sobel, David) (Entered: 05/26/2016)
2016-05-27MINUTE ORDER granting the parties' 17 Stipulated Motion to Stay Proceedings While Parties Pursue Settlement. These proceedings are stayed until further order of the Court. By no later than JUNE 27, 2016, the parties shall file either a Stipulation of Dismissal or a Joint Status Report proposing a schedule for additional proceedings in this case. All previously set briefing deadlines in this case are VACATED. Signed by Judge Colleen Kollar-Kotelly on 5/27/2016. (lcckk2) (Entered: 05/27/2016)
2016-05-27Set/Reset Deadlines: Stipulation of Dismissal or a Joint Status Report due by 6/27/2016. (dot) (Entered: 05/27/2016)
2016-06-2718STIPULATION of Dismissal with Prejudice by U.S. DEPARTMENT OF JUSTICE. (Sowles, Marcia) (Entered: 06/27/2016)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar