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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01468
Date Filed2019-05-20
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to the Department of State for records concerning the Bureau of Consular Affairs' Consular Consolidated Database. EPIC also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the request. EPIC contacted State's FOIA office twice to inquire about the status of its request. After hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF STATE
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

2019-05-201COMPLAINT against U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number 0090-6135252) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General of the United States, # 3 Summons Department of State, # 4 Summons US Attorney)(Scott, Jeramie) (Entered: 05/20/2019)
2019-05-22Case Assigned to Judge Timothy J. Kelly. (zeg) (Entered: 05/22/2019)
2019-05-222SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 05/22/2019)
2019-06-193RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/29/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/28/2019. (Scott, Jeramie) (Entered: 06/19/2019)
2019-06-194RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/29/2019. (Scott, Jeramie) (Entered: 06/19/2019)
2019-06-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 6/17/2019 (Scott, Jeramie) (Entered: 06/19/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Timothy J. Kelly is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-06-286ANSWER to Complaint by U.S. DEPARTMENT OF STATE.(Pfaffenroth, Peter) (Entered: 06/28/2019)
2019-08-13MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. The requirements of Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f) appear to be inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 12, 2019. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Joint Status Report due by 9/12/2019. (mac) (Entered: 08/14/2019)
2019-09-057NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Main Document 7 replaced on 9/9/2019) (zjf). (Entered: 09/05/2019)
2019-09-058NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Main Document 8 replaced on 9/9/2019) (zjf). (Entered: 09/05/2019)
2019-09-059NOTICE of Change of Address by Jeramie D. Scott (Scott, Jeramie) (Entered: 09/05/2019)
2019-09-1210Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 09/12/2019)
2019-09-1911NOTICE OF SUBSTITUTION OF COUNSEL by Alan R. Burch on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Peter C. Pfaffenroth (Burch, Alan) (Entered: 09/19/2019)
2019-09-26MINUTE ORDER. In light of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before November 5, 2019. Signed by Judge Carl J. Nichols on September 26, 2019. (lccjn3) (Entered: 09/26/2019)
2019-09-26Set/Reset Deadlines/Hearings: Joint Status Report due by 11/5/2019. (zcdw) (Entered: 09/29/2019)
2019-11-0512Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 11/05/2019)
2019-12-11MINUTE ORDER. In light of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before December 17, 2019. Signed by Judge Carl J. Nichols on December 11, 2019. (lccjn3) (Entered: 12/11/2019)
2019-12-11Set/Reset Deadlines/Hearings: Joint Status Report due by 12/17/2019. (zcdw) (Entered: 12/11/2019)
2019-12-1713STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 12/17/2019)
2019-12-23MINUTE ORDER. In light of Defendant's 13 Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 28, 2020. Plaintiff is permitted, but not required, to file an interim Status Report responding to Defendant's Status Report. Signed by Judge Carl J. Nichols on December 23, 2019. (lccjn3) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines/Hearings: Joint Status Report due by 1/28/2020. (zcdw) (Entered: 12/24/2019)
2020-01-2814Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 01/28/2020)
2020-02-03MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before March 16, 2020. Signed by Judge Carl J. Nichols on February 3, 2020. (lccjn3) (Entered: 02/03/2020)
2020-02-03Set/Reset Deadlines/Hearings: Joint Status Report due by 3/16/2020. (zcdw) (Entered: 02/04/2020)
2020-03-1615Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 03/16/2020)
2020-03-19MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before May 1, 2020. Signed by Judge Carl J. Nichols on March 19, 2020. (lccjn3) (Entered: 03/19/2020)
2020-03-19Set/Reset Deadlines/Hearings: Joint Status Report due by 5/1/2020. (zcdw) (Entered: 03/22/2020)
2020-04-2916NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Marc Rotenberg terminated. (Scott, Jeramie) (Entered: 04/29/2020)
2020-05-0117Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 05/01/2020)
2020-05-05MINUTE ORDER. In light of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before June 15, 2020. Signed by Judge Carl J. Nichols on May 5, 2020. (lccjn3) (Entered: 05/05/2020)
2020-05-05Set/Reset Deadlines/Hearings: Joint Status Report due by 6/15/2020. (zcdw) (Entered: 05/05/2020)
2020-06-1518Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 06/15/2020)
2020-06-22MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before July 15, 2020. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: Joint Status Report due by 7/15/2020. (zcal) (Entered: 06/23/2020)
2020-07-1519Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 07/15/2020)
2020-07-20MINUTE ORDER. In light of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before August 27, 2020. Signed by Judge Carl J. Nichols on July 20, 2020. (lccjn3) (Entered: 07/20/2020)
2020-07-20Set/Reset Deadlines: Joint Status Report due by 8/27/2020. (zcal) (Entered: 07/20/2020)
2020-08-2720Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Burch, Alan) (Entered: 08/27/2020)
2020-09-2121NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Alan Burch (Molen, Kathleene) (Entered: 09/21/2020)
2020-09-23MINUTE ORDER. Upon review of the Parties' 20 Joint Status Report, it is hereby ORDERED that the Parities shall submit an additional Joint Status Report by October 27, 2020 . Signed by Judge Carl J. Nichols on September 23, 2020. (lccjn3) (Entered: 09/23/2020)
2020-09-23Set/Reset Deadlines: Joint Status Report due by 10/27/2020. (zcal) (Entered: 09/23/2020)
2020-10-2722Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 10/27/2020)
2020-10-30MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by December 8, 2020. Signed by Judge Carl J. Nichols on October 30, 2020. (lccjn3) (Entered: 10/30/2020)
2020-10-30Set/Reset Deadlines: Joint Status Report due by 12/8/2020. (zcal) (Entered: 10/30/2020)
2020-12-0823Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 12/08/2020)
2020-12-15MINUTE ORDER. Upon review of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall submit another Joint Status Report by January 22, 2021 . Signed by Judge Carl J. Nichols on December 15, 2020. (lccjn3) (Entered: 12/15/2020)
2020-12-15Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (zcal) (Entered: 12/15/2020)
2021-01-2224Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 01/22/2021)
2021-01-27MINUTE ORDER. Upon review of the Parities' 24 Joint Status Report, it is hereby ORDERED that the Parties shall file another Joint Status Report by March 8, 2021 . Signed by Judge Carl J. Nichols on January 27, 2021. (lccjn3) (Entered: 01/27/2021)
2021-01-27Set/Reset Deadlines: Joint Status Report due by 3/8/2021. (zcal) (Entered: 01/27/2021)
2021-03-0825ENTERED IN ERROR.....Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) Modified on 3/25/2021 (znmw). (Entered: 03/08/2021)
2021-03-11MINUTE ORDER. Upon review of the Parties' 25 Joint Status Report, it is hereby ORDERED that the Parties submit an additional Joint Status Report by April 8, 2021 . Signed by Judge Carl J. Nichols on March 11, 2021. (lccjn3) (Entered: 03/11/2021)
2021-03-11Set/Reset Deadlines: Joint Status Report due by 4/8/2021. (zcal) (Entered: 03/16/2021)
2021-03-2326NOTICE of Errata by U.S. DEPARTMENT OF STATE re 25 Status Report (Attachments: # 1 Joint Status Report - March 8, 2021)(Molen, Kathleene) (Entered: 03/23/2021)
2021-04-0727Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 04/07/2021)
2021-04-12MINUTE ORDER. Upon review of the Parties' 27 Joint Status Report, it is hereby ORDERED that the Parties submit another Joint Status Report by May 7, 2021. Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn3) (Entered: 04/12/2021)
2021-04-12Set/Reset Deadlines: Joint Status Report due by 5/7/2021. (zcal) (Entered: 04/12/2021)
2021-05-0728Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 05/07/2021)
2021-05-13MINUTE ORDER. Upon review of the Parties' 28 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report by July 30, 2021 . Signed by Judge Carl J. Nichols on May 13, 2021. (lccjn3) (Entered: 05/13/2021)
2021-05-13Set/Reset Deadlines: Joint Status Report due by 7/30/2021. (zcal) (Entered: 05/13/2021)
2021-07-3029Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 07/30/2021)
2021-08-05MINUTE ORDER. Upon review of the Parties' 29 Joint Status Report, it is hereby ORDERED that they file an additional Joint Status Report by September 13, 2021 , and every 30 days thereafter until this matter is resolved. Signed by Judge Carl J. Nichols on August 5, 2021. (lccjn3) (Entered: 08/05/2021)
2021-08-05Set/Reset Deadlines: Joint Status Report due by 9/13/2021. (zcal) (Entered: 08/06/2021)
2021-09-1330Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Molen, Kathleene) (Entered: 09/13/2021)
2021-11-1031NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of U.S. DEPARTMENT OF STATE Substituting for attorney Kathleen A. Molen (Walker, Anna) (Entered: 11/10/2021)
2021-11-1232Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 11/12/2021)
2021-12-1333Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 12/13/2021)
2022-01-1234Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 01/12/2022)
2022-02-1135Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 02/11/2022)
2022-03-1436Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 03/14/2022)
2022-04-1337NOTICE of Appearance by Thomas Anthony Quinn on behalf of U.S. DEPARTMENT OF STATE (Quinn, Thomas) (Entered: 04/13/2022)
2022-04-1338Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 04/13/2022)
2022-05-1339Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Quinn, Thomas) (Entered: 05/13/2022)
2022-06-1340Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Quinn, Thomas) (Entered: 06/13/2022)
2022-06-21MINUTE ORDER. Upon consideration of the Parties' 40 Joint Status Report, it is hereby ORDERED that the next Joint Status Report in this matter shall be filed on or before September 2, 2022, unless issues arise earlier that necessitate the Court's intervention. Signed by Judge Carl J. Nichols on June 21, 2022. (lccjn3) (Entered: 06/21/2022)
2022-06-21Set/Reset Deadlines: Joint Status Report due by 9/2/2022. (zkh) (Entered: 06/21/2022)
2022-09-0241Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 09/02/2022)
2022-09-08MINUTE ORDER. Upon consideration of the Parties' 41 Joint Status Report, it is hereby ORDERED that the next Joint Status Report in this matter shall be filed on or before December 1, 2022, and future Joint Status Reports shall be filed every 60 days thereafter, unless issues arise earlier that necessitate the Court's intervention. Signed by Judge Carl J. Nichols on September 8, 2022. (lccjn3) (Entered: 09/08/2022)
2022-09-08Set/Reset Deadlines: Joint Status Report due by 12/1/2022. (zcal) (Entered: 09/08/2022)
2022-12-0142Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 12/01/2022)
2023-01-3043Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 01/30/2023)
2023-03-3144Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 03/31/2023)
2023-05-3045Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 05/30/2023)
2023-07-3146Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Scott, Jeramie) (Entered: 07/31/2023)
2023-08-10MINUTE ORDER. Upon consideration of 46 Joint Status Report, VACATED PURSUANT TO MINUTE ORDER FILED 10/5/2023..... it is hereby ORDERED that Defendant shall file its motion for summary judgment on or before October 6, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before November 3, 2023; Defendant shall file its reply and opposition to the cross-motion on or before December 1, 2023; and Plaintiff shall file its reply on or before December 22, 2023. Signed by Judge Carl J. Nichols on August 10, 2023. (lccjn3) Modified to vacate briefing schedule on 10/5/2023 (zkh). (Entered: 08/10/2023)
2023-09-2947Consent MOTION to Vacate Order,, Set Deadlines, and to file a further joint status report by U.S. DEPARTMENT OF STATE. (Attachments: # 1 Text of Proposed Order)(Walker, Anna). Added MOTION for Leave to File on 10/2/2023 (znmw). (Entered: 09/30/2023)
2023-10-05MINUTE ORDER. Upon consideration of Defendants 47 Consent Motion to Vacate Briefing Schedule and To File a Further Joint Status Report, the entire record herein, and for good cause shown, it is hereby ORDERED that the briefing schedule entered on August 10, 2023 is vacated; it is further ORDERED that the parties shall file a further joint status report on or before December 5, 2023.So Ordered by Judge Carl J. Nichols on 10/05/2023. (lccjn3) (Entered: 10/05/2023)
2023-12-0548Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 12/05/2023)
2024-02-0649Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 02/06/2024)
2024-03-2750Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 03/27/2024)
2024-05-2251Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 05/22/2024)
2024-07-2652Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 07/26/2024)
2024-09-2453Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Walker, Anna) (Entered: 09/24/2024)
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