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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. CUSTOMS AND BORDER PROTECTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00689
Date Filed2019-03-12
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted a FOIA request to U.S. Customs and Border Protection for records concerning the creation and modification of CBP's "Biometric Exit Frequently Asked Questions" webpage. EPIC also requested inclusion in the news media fee category and expedited processing. EPIC was able to confirm that the request was delivered through the Postal Service, but did not receive an acknowledgment from the agency. After EPIC called the agency to inquire about the status of the request, CBP told EPIC that it could not locate the request and that its FOIA processing was backlogged because of the government shutdown. 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

DefendantU.S. CUSTOMS AND BORDER PROTECTION
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

2019-03-121COMPLAINT against U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 400 receipt number 0090-5995533) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Customs and Border Protection, # 4 Summons US Attorney)(Scott, Jeramie) (Attachment 1 replaced on 3/12/2019) (zef, ). (Entered: 03/12/2019)
2019-03-12Case Assigned to Judge Dabney L. Friedrich. (zef, ) (Entered: 03/12/2019)
2019-03-122SUMMONS (3) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/12/2019)
2019-03-293RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/25/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/24/2019. (Scott, Jeramie) (Entered: 03/29/2019)
2019-03-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/25/2019. (Scott, Jeramie) (Entered: 03/29/2019)
2019-03-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 3/25/2019 (Scott, Jeramie) (Entered: 03/29/2019)
2019-04-246NOTICE of Appearance by Matthew Evan Kahn on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Kahn, Matthew) (Entered: 04/24/2019)
2019-04-247ANSWER to Complaint by U.S. CUSTOMS AND BORDER PROTECTION.(Kahn, Matthew) (Entered: 04/24/2019)
2019-04-26MINUTE ORDER directing the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The parties shall file the joint status report on or before May 10, 2019. Signed by Judge Dabney L. Friedrich on April 26, 2019. (lcdlf2) (Entered: 04/26/2019)
2019-05-108NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 05/10/2019)
2019-05-109Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Kahn, Matthew) (Entered: 05/10/2019)
2019-05-13MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before June 9, 2019. Signed by Judge Dabney L. Friedrich on May 13, 2019. (lcdlf2) (Entered: 05/13/2019)
2019-05-13Set/Reset Deadlines: Joint Status Report due by 6/9/2019. (kh) (Entered: 05/13/2019)
2019-06-1010Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Kahn, Matthew) (Entered: 06/10/2019)
2019-06-11MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before July 10, 2019. Signed by Judge Dabney L. Friedrich on June 11, 2019. (lcdlf2) (Entered: 06/11/2019)
2019-06-11Set/Reset Deadlines: Joint Status Report due by 7/10/2019. (zcal) (Entered: 06/13/2019)
2019-07-1011Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Kahn, Matthew) (Entered: 07/10/2019)
2019-07-11MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before August 10, 2019. Signed by Judge Dabney L. Friedrich on July 11, 2019. (lcdlf2) (Entered: 07/11/2019)
2019-07-11Set/Reset Deadlines: Joint Status Report due by 8/10/2019. (kh) (Entered: 07/11/2019)
2019-08-1212Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Kahn, Matthew) (Entered: 08/12/2019)
2019-08-13MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 20, 2019. So Ordered by Judge Dabney L. Friedrich on August 13, 2019. (lcdlf2) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines: Joint Status Report due by 9/20/2019. (zcal) (Entered: 08/13/2019)
2019-09-0513NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Main Document 13 replaced on 9/6/2019) (ztth). (Entered: 09/05/2019)
2019-09-0514NOTICE of Change of Address by Jeramie D. Scott (Scott, Jeramie) (Entered: 09/05/2019)
2019-09-1915Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 09/19/2019)
2019-09-20MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before November 5, 2019. So Ordered by Judge Dabney L. Friedrich on September 20, 2019. (lcdlf2) (Entered: 09/20/2019)
2019-09-20Set/Reset Deadlines: Joint Status Report due by 11/5/2019. (znbn) (Entered: 09/23/2019)
2019-11-0516Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 11/05/2019)
2019-11-0617NOTICE OF SUBSTITUTION OF COUNSEL by John Cuong Truong on behalf of All Defendants Substituting for attorney Matthew Kahn (Truong, John) (Entered: 11/06/2019)
2019-11-06MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before December 20, 2019. So Ordered by Judge Dabney L. Friedrich on November 6, 2019. (lcdlf2) (Entered: 11/06/2019)
2019-12-2018Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 12/20/2019)
2019-12-20MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before February 7, 2020. So Ordered by Judge Dabney L. Friedrich on December 20, 2019. (lcdlf2) (Entered: 12/20/2019)
2020-02-0719NOTICE of Appearance by Brenda A. Gonzalez on behalf of U.S. CUSTOMS AND BORDER PROTECTION (Gonzalez, Brenda) (Entered: 02/07/2020)
2020-02-0720Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Gonzalez, Brenda) (Entered: 02/07/2020)
2020-02-07MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before March 8, 2020, if the parties have not yet reached a settlement by that time. So Ordered by Judge Dabney L. Friedrich on February 7, 2020. (lcdlf2) (Entered: 02/07/2020)
2020-03-0921Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 03/09/2020)
2020-03-10MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 8, 2020, if the parties have not yet reached a settlement by that time. So Ordered by Judge Dabney L. Friedrich on March 10, 2020. (lcdlf2) (Entered: 03/10/2020)
2020-03-10Set/Reset Deadlines: Joint Status Report due by 4/8/2020 (zjch) (Entered: 03/10/2020)
2020-04-0822Joint STATUS REPORT by U.S. CUSTOMS AND BORDER PROTECTION. (Truong, John) (Entered: 04/08/2020)
2020-04-08Set/Reset Deadlines: Status Report due by 4/22/2020 (zjch) (Entered: 04/09/2020)
2020-04-09MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 22, 2020, if the parties have not yet reached a settlement by that time. So Ordered by Judge Dabney L. Friedrich on April 8, 2020. (lcdlf2) (Entered: 04/09/2020)
2020-04-2223STIPULATION of Dismissal by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 04/22/2020)
2020-04-22MINUTE ORDER dismissing this case with prejudice in light of the parties' 23 Joint Stipulation of Dismissal. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. So Ordered by Judge Dabney L. Friedrich on April 22, 2020. (lcdlf2) (Entered: 04/22/2020)
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