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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02047
Date Filed2017-10-04
Date Closed2020-12-14
JudgeJudge James E. Boasberg
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to the Department of Homeland Security for records concerning Russian interference in the 2016 election. EPIC also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of 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

DefendantUNITED STATES DEPARTMENT 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

2017-10-041COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5145155) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Homeland Security)(Butler, Alan) (Entered: 10/04/2017)
2017-10-042Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 10/04/2017)
2017-10-04Case Assigned to Judge James E. Boasberg. (md) (Entered: 10/05/2017)
2017-10-053SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 10/05/2017)
2017-10-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 11/10/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/17/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 10/16/2017 (Attachments: # 1 Affidavit of Mailing for the U.S. Attorney General, # 2 Affidavit of Mailing for the U.S. Department of Homeland Security)(Butler, Alan) (Entered: 10/23/2017)
2017-10-245NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 10/24/2017)
2017-11-136NOTICE of Appearance by Lynn Yuhee Lee on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Lee, Lynn) (Entered: 11/13/2017)
2017-11-137ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY.(Lee, Lynn) (Entered: 11/13/2017)
2017-11-13MINUTE ORDER: The Court ORDERS that the parties shall meet, confer, and submit a proposed joint briefing schedule by November 27, 2017. So ORDERED by Judge James E. Boasberg on 11/13/2017. (lcjeb2) (Entered: 11/13/2017)
2017-11-13Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/27/2017. (nbn) (Entered: 11/14/2017)
2017-11-278PROPOSED BRIEFING SCHEDULE re Order by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 11/27/2017)
2017-11-28MINUTE ORDER: Per the parties' 8 Joint Proposed Schedule, the Court ORDERS that: (1) Defendant shall provide Plaintiff with an estimate of the time needed for processing and release of responsive records on or before February 1, 2018; (2) For category (A) documents Defendant shall search records created between January 1,2016, and the date the search is initiated; (3) For category (B) documents Defendant shall search records created between March 30, 2017, and the date the search is initiated; and (4) The parties shall confer on a reasonable processing and production schedule and provide the court with a status report on or before February 8, 2018. So ORDERED by Judge James E. Boasberg on 11/28/2017. (lcjeb2) (Entered: 11/28/2017)
2017-11-28Set/Reset Deadlines: Status Report due by 2/8/2018. (nbn) (Entered: 11/29/2017)
2018-01-19Set/Reset Deadlines: Joint Status Report due by 2/20/2018. (znbn) (Entered: 01/19/2018)
2018-02-089Joint STATUS REPORT and Proposed Schedule by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 02/08/2018)
2018-02-09MINUTE ORDER: Per the parties' 9 Joint Status Report, the Court ORDERS that: (1) DHS will process the 4,994 pages of potentially responsive records at a rate of 500 pages per month and release the non-exempt portions of the responsive records on a rolling production schedule; (2) The first interim production is due on March 15, 2018. Monthly productions will be made on the fifteenth of each month thereafter, unless the fifteenth is a weekend or federal holiday, in which case the production will be made on the next business day; (3) The rolling productions will be completed on or before January 15, 2019; and (4) Following the final production on January 15, 2019, the parties will confer and provide the court with a status report by January 31, 2019, to identify any remaining issues in dispute. So ORDERED by Judge James E. Boasberg on 2/9/2018. (lcjeb2) (Entered: 02/09/2018)
2018-02-09Set/Reset Deadlines: The first Interim Production is due by 3/15/2018. Final Production due by 1/15/2019. Joint Status Report due by 1/31/2019. (nbn) (Entered: 02/09/2018)
2018-06-2010NOTICE OF SUBSTITUTION OF COUNSEL by Marcia Kay Sowles on behalf of UNITED STATES DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Lynn Lee (Sowles, Marcia) (Entered: 06/20/2018)
2018-10-0311NOTICE of Change of Address by Marcia Kay Sowles (Sowles, Marcia) (Entered: 10/03/2018)
2019-01-3112Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 01/31/2019)
2019-02-01MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report on or before April 1, 2019, setting forth a proposed schedule for subsequent proceedings, including a proposed briefing schedule. So ORDERED by Judge James E. Boasberg on 2/1/2019. (lcjeb3) (Entered: 02/01/2019)
2019-02-04Set/Reset Deadlines: Status Report due by 4/1/2019. (znbn) (Entered: 02/04/2019)
2019-04-0113Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 04/01/2019)
2019-04-02MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further Joint Status Report on or before May 1, 2019, setting forth a proposed schedule for subsequent proceedings, including a proposed briefing schedule if necessary. So ORDERED by Judge James E. Boasberg on 4/2/2019. (lcjeb2) (Entered: 04/02/2019)
2019-04-02Set/Reset Deadlines: Joint Status Report due by 5/1/2019. (znbn) (Entered: 04/02/2019)
2019-04-3014Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 04/30/2019)
2019-04-30MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further Joint Status Report by June 5, 2019, setting forth a proposed schedule for subsequent proceedings, including a proposed briefing schedule if necessary. So ORDERED by Judge James E. Boasberg on 4/30/2019. (lcjeb2) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Joint Status Report due by 6/5/2019. Proposed Briefing Schedule due by 6/5/2019. (znbn) (Entered: 05/01/2019)
2019-06-0515Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 06/05/2019)
2019-06-05MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further Joint Status Report by July 5, 2019. So ORDERED by Judge James E. Boasberg on 6/5/2019. (lcjeb2) (Entered: 06/05/2019)
2019-06-05Set/Reset Deadlines: Joint Status Report due by 7/5/2019. (znbn) (Entered: 06/07/2019)
2019-07-0516Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Sowles, Marcia) (Entered: 07/05/2019)
2019-07-05MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further Joint Status Report by July 26, 2019. So ORDERED by Judge James E. Boasberg on 7/5/2019. (lcjeb2) (Entered: 07/05/2019)
2019-07-05Set/Reset Deadlines: Joint Status Report due by 7/26/2019. (znbn) (Entered: 07/08/2019)
2019-07-2617Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 07/26/2019)
2019-07-29MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further Joint Status Report by September 13, 2019. So ORDERED by Judge James E. Boasberg on 7/29/2019. (lcjeb2) (Entered: 07/29/2019)
2019-07-29Set/Reset Deadlines: Joint Status Report due by 9/13/2019. (znbn) (Entered: 07/29/2019)
2019-09-0318NOTICE of Change of Address by Alan Jay Butler (Butler, Alan) (Entered: 09/03/2019)
2019-09-1319Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 09/13/2019)
2019-09-1320ERRATA by ELECTRONIC PRIVACY INFORMATION CENTER 19 Status Report filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Corrected Proposed Order)(Butler, Alan) (Entered: 09/13/2019)
2019-09-16MINUTE ORDER: The Court ADOPTS the parties' 19 Joint Status Report and ORDERS that they shall file a further joint status report on or before November 22, 2019. So ORDERED by Judge James E. Boasberg on 09/16/2019. (lcjeb2) (Entered: 09/16/2019)
2019-09-16Set/Reset Deadlines: Joint Status Report due by 11/22/2019. (znbn) (Entered: 09/18/2019)
2019-11-2221Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 11/22/2019)
2019-11-25MINUTE ORDER: The Court ADOPTS the parties' 21 Joint Status Report and ORDERS that they shall file a further joint status report by January 31, 2020. So ORDERED by Judge James E. Boasberg on 11/25/2019. (lcjeb2) (Entered: 11/25/2019)
2019-11-25Set/Reset Deadlines: Joint Status Report due by 1/31/2020. (nbn) (Entered: 11/25/2019)
2020-01-3122Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Sowles, Marcia) (Entered: 01/31/2020)
2020-02-03MINUTE ORDER: The Court ADOPTS the parties' 22 Joint Status Report and ORDERS that they shall file a further joint status report by February 28, 2020. So ORDERED by Judge James E. Boasberg on 2/3/2020. (lcjeb2) (Entered: 02/03/2020)
2020-02-03Set/Reset Deadlines: Joint Status Report due by 2/28/2020. (nbn) (Entered: 02/03/2020)
2020-02-2823Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 02/28/2020)
2020-02-28MINUTE ORDER: The Court ADOPTS the parties 23 Joint Status Report and ORDERS that: 1) Defendants motion for summary judgment shall be due April 17, 2020; 2) Plaintiff's opposition and cross-motion shall be due May 27, 2020; 3) Defendants reply and opposition shall be due June 19, 2020; and 4) Plaintiffs reply shall be due June 26, 2020. So ORDERED by Judge James E. Boasberg on 2/28/2020. (lcjeb2) (Entered: 02/28/2020)
2020-02-28Set/Reset Deadlines: Summary Judgment motions due by 4/17/2020. Response to Motion for Summary Judgment due by 5/27/2020. Cross Motions due by 5/27/2020. Reply to Motion for Summary Judgment due by 6/19/2020. Response to Cross Motions due by 6/19/2020. Reply to Cross Motions due by 6/26/2020. (nbn) (Entered: 03/02/2020)
2020-04-0924Unopposed MOTION to Modify the Briefing Schedule for Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 04/09/2020)
2020-04-09MINUTE ORDER GRANTING Defendant's 24 Motion to Modify Briefing Schedule. The Court ORDERS that: 1) Defendant's Motion for Summary Judgment shall be due May 15, 2020; 2) Plaintiff's Opposition and Cross-Motion shall be due June 24, 2020; 3) Defendant's Reply and Opposition shall be due July 17, 2020; and 4) Plaintiff's Reply shall be due July 24, 2020. So ORDERED by Judge James E. Boasberg on 4/9/2020. (lcjeb2) (Entered: 04/09/2020)
2020-04-09Set/Reset Deadlines: Summary Judgment motions due by 5/15/2020. Response to Motion for Summary Judgment due by 6/24/2020. Cross Motions due by 6/24/2020. Reply to Motion for Summary Judgment due by 7/17/2020. Response to Cross Motions due by 7/17/2020. Reply to Cross Motions due by 7/24/2020. (nbn) (Entered: 04/09/2020)
2020-04-2925NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Marc Rotenberg terminated. (Butler, Alan) (Entered: 04/29/2020)
2020-05-1526MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Memorandum in Support, # 2 Declaration James Holzer, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sowles, Marcia) (Entered: 05/15/2020)
2020-06-2527Cross MOTION for Partial Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Text of Proposed Order)(Butler, Alan) (Entered: 06/25/2020)
2020-06-2528Memorandum in opposition to re 26 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Text of Proposed Order)(Butler, Alan) (Entered: 06/25/2020)
2020-07-1029Unopposed MOTION to Modify Scheduling Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 07/10/2020)
2020-07-10MINUTE ORDER GRANTING Defendant's 29 Motion to Modify Briefing Schedule. The Court ORDERS that: 1) Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Motion shall be due August 31, 2020; and 2) Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be due September 21, 2020. So ORDERED by Judge James E. Boasberg on 07/10/2020. (lcjeb2) (Entered: 07/10/2020)
2020-07-10Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 8/31/2020. Reply to Cross Motions due by 9/21/2020. (znbn) (Entered: 07/13/2020)
2020-08-2730Joint MOTION to Modify Scheduling Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 08/27/2020)
2020-08-27MINUTE ORDER GRANTING Joint 30 Motion to Modify Briefing Schedule. The Court ORDERS that: 1) Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Motion shall be due September 30, 2020; and 2) Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be due October 21, 2020. So ORDERED by Judge James E. Boasberg on 08/27/2020. (lcjeb2) (Entered: 08/27/2020)
2020-08-27Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 9/30/2020. Reply to Cross Motions due by 10/21/2020. (znbn) (Entered: 08/27/2020)
2020-09-2431Joint MOTION to Stay Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY (Sowles, Marcia) (Entered: 09/24/2020)
2020-09-24MINUTE ORDER: The Court ORDERS that: 1) The parties' 31 Joint Motion to Stay Briefing is GRANTED; and 2) The parties shall submit a Joint Status Report by November 9, 2020. So ORDERED by Judge James E. Boasberg on 09/24/2020. (lcjeb2) (Entered: 09/24/2020)
2020-09-24Set/Reset Deadlines: Status Report due by 11/9/2020. (znbn) (Entered: 09/25/2020)
2020-11-1032Joint STATUS REPORT and motion to continue the stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Sowles, Marcia) (Entered: 11/10/2020)
2020-11-1033MOTION to Continue the Stay by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (See Docket Entry 32 to view document) (ztth) (Entered: 11/10/2020)
2020-11-10MINUTE ORDER: The Court ADOPTS the parties' 32 Joint Status Report and ORDERS that: (1) The Joint 33 Motion to Continue the Stay of Briefing Schedule is GRANTED; (2) The briefing schedule shall remain STAYED until December 11, 2020; and (3) If the case is not dismissed by the expiration of the stay, the parties shall file a joint status report with an update on their settlement discussions. So ORDERED by Judge James E. Boasberg on 11/10/2020. (lcjeb2) (Entered: 11/10/2020)
2020-12-1134STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (Sowles, Marcia) (Entered: 12/11/2020)
2020-12-14MINUTE ORDER: Per the parties' 34 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. So ORDERED by Judge James E. Boasberg on 12/14/2020. (lcjeb3) (Entered: 12/14/2020)
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