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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02274
Date Filed2017-11-01
Date Closed2018-03-26
JudgeJudge Rudolph Contreras
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to the National Security Division of the Department of Justice for records concerning reports required by the Foreign Intelligence Surveillance Court pertaining to FBI queries of Section 702 acquired data on U.S. persons for non-intelligence purposes. NSD disclosed a single heavily redacted document, claiming the redactions were made under Exemption 1 (national security) and Exemption 3 (other statutes). EPIC filed an administrative appeal with the Office of Information Policy. OIP denied EPIC's appeal and EPIC filed suit.
Complaint issues: Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE National Security Division
DefendantU.S. DEPARTMENT OF JUSTICE, NATIONAL SECURITY DIVISION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-011COMPLAINT against U.S. DEPARTMENT OF JUSTICE, NATIONAL SECURITY DIVISION ( Filing fee $ 400 receipt number 0090-5186043) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons U.S. Attorney General, # 5 Summons U.S. Department of Justice, National Security Division)(Butler, Alan) (Entered: 11/01/2017)
2017-11-012LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 11/01/2017)
2017-11-013NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 11/01/2017)
2017-11-01Case Assigned to Judge Rudolph Contreras. (jd) (Entered: 11/03/2017)
2017-11-074SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 11/07/2017)
2017-12-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/13/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 12/13/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/17/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 11/17/2017 (Attachments: # 1 Affidavit of Mailing for the Attorney General of the United States, # 2 Affidavit of Mailing for the U.S. Department of Justice National Security Division)(Butler, Alan) (Entered: 12/01/2017)
2017-12-136NOTICE of Appearance by Marcia Kay Sowles on behalf of U.S. DEPARTMENT OF JUSTICE (Sowles, Marcia) (Entered: 12/13/2017)
2017-12-137ANSWER to 1 Complaint by U.S. DEPARTMENT OF JUSTICE.(Sowles, Marcia) Modified to add link on 12/14/2017 (znmw). (Entered: 12/13/2017)
2017-12-13MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before December 27, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/13/2017. (lcrc3) (Entered: 12/13/2017)
2017-12-218VACATED PURSUANT TO MINUTE ORDER FILED 1/25/2018.....PROPOSED BRIEFING SCHEDULE re Order by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) Modified on 1/29/2018 (znmw). (Entered: 12/21/2017)
2017-12-21MINUTE ORDER: Upon consideration of 8 the parties Proposed Briefing Schedule, it is hereby ORDERED that the following schedule shall govern these proceedings: Defendant shall file its motion for summary judgment on or before January 31, 2018; Plaintiff shall file its opposition and cross-motion for summary judgment on or before February 28, 2018; Defendant shall file its reply in support of its motion on or before March 14, 2018; and Plaintiff shall file its reply in support of its cross-motion on or before March 28, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 12/21/2017. (lcrc3) (Entered: 12/21/2017)
2017-12-22Set/Reset Deadlines: Cross Motions due by 2/28/2018. Response to Cross Motions due by 3/14/2018. Reply to Cross Motions due by 3/28/2018. Summary Judgment motions due by 1/31/2018. Response to Motion for Summary Judgment due by 2/28/2018. Reply to Motion for Summary Judgment due by 3/14/2018. (tj) (Entered: 12/22/2017)
2018-01-259Joint MOTION to Vacate 8 Proposed Briefing Schedule by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 01/25/2018)
2018-01-25MINUTE ORDER granting 9 Joint Motion to Vacate: It is hereby ORDERED that the briefing schedule set forth in this Court's December 21, 2017 minute order is hereby VACATED. It is FURTHER ORDERED that the parties shall submit a joint status report on or before March 2, 2018 detailing the status of settlement negotiations and whether further briefing is necessary. SO ORDERED. Signed by Judge Rudolph Contreras on 1/25/2018. (lcrc3) (Entered: 01/25/2018)
2018-01-26Set/Reset Deadlines: Status Report due by 3/2/2018 (tj) (Entered: 01/26/2018)
2018-03-0510Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 03/05/2018)
2018-03-0511ERRATA by ELECTRONIC PRIVACY INFORMATION CENTER 10 Status Report filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Corrected Joint Status Report, # 2 Text of Proposed Order)(Butler, Alan) (Entered: 03/05/2018)
2018-03-05MINUTE ORDER: Upon consideration of [11-1] the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before March 23, 2018, in which they will advise the Court on the result of their efforts to resolve Plaintiff's claim for attorney's fees and costs. SO ORDERED. Signed by Judge Rudolph Contreras on 3/5/2018. (lcrc3) (Entered: 03/05/2018)
2018-03-14Set/Reset Deadlines: Status Report due by 3/23/2018 (tj) (Entered: 03/14/2018)
2018-03-2512STIPULATION of Dismissal by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 03/25/2018)
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by FOIA Project Staff
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