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Case TitleElectronic Frontier Foundation v. United States Department of Homeland Security
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv07431
Date Filed2019-11-12
Date Closed2023-01-06
JudgeJudge Jacqueline Scott Corley
PlaintiffElectronic Frontier Foundation
Case DescriptionThe Electronic Frontier Foundation submitted FOIA requests to the Department of Homeland Security for records concerning the use of Rapid DNA testing to detect family fraud. EFF submitted two of its requests to U.S. Immigration and Customs Enforcement. EFF also requested expediting processing and inclusion in the news media fee category. The agency acknowledged both requests. It denied both requests because they were too broad to conduct a search. EFF filed administrative appeals of both denials. EFF also sent a FOIA request to U.S. Customs and Border Protection. EFF also requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the request. It granted EFF's request for expedited processing. However, after hearing nothing further from either agency, EFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-121COMPLAINT against United States Department of Homeland Security ( Filing fee $ 400, receipt number 0971-13879021.). Filed byElectronic Frontier Foundation. (Attachments: # 1 Civil Cover Sheet)(Hussain, Saira) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-122Proposed Summons. (Hussain, Saira) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-123Certificate of Interested Entities by Electronic Frontier Foundation (Hussain, Saira) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-124NOTICE of Appearance by Jennifer Ann Lynch (Lynch, Jennifer) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-125NOTICE of Appearance by Mark Thomas Rumold (Rumold, Mark) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-126Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/26/2019. (ajsS, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-157Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/6/2020. Initial Case Management Conference set for 2/13/2020 01:30 PM in San Francisco, Courtroom F, 15th Floor. (slhS, COURT STAFF) (Filed on 11/15/2019) (Entered: 11/15/2019)
2019-11-158Summons Issued as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General (slhS, COURT STAFF) (Filed on 11/15/2019) (Entered: 11/15/2019)
2019-11-259SUMMONS Returned Executed (FOIA) by Electronic Frontier Foundation. United States Department of Homeland Security served on 11/20/2019, answer due 12/20/2019. (Hussain, Saira) (Filed on 11/25/2019) (Entered: 11/25/2019)
2019-11-2610CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Electronic Frontier Foundation.. (Hussain, Saira) (Filed on 11/26/2019) (Entered: 11/26/2019)
2019-11-2611CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Homeland Security.. (Hsu, Shining) (Filed on 11/26/2019) (Entered: 11/26/2019)
2019-12-2012ANSWER to Complaint for Injunctive Relief by United States Department of Homeland Security. (Hsu, Shining) (Filed on 12/20/2019) (Entered: 12/20/2019)
2020-01-2313ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of ICE (Hsu, Shining) (Filed on 1/23/2020) (Entered: 01/23/2020)
2020-01-2314ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of CBP (Hsu, Shining) (Filed on 1/23/2020) (Entered: 01/23/2020)
2020-01-2315ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Hussain, Saira) (Filed on 1/23/2020) (Entered: 01/23/2020)
2020-02-0616JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security. (Hsu, Shining) (Filed on 2/6/2020) (Entered: 02/06/2020)
2020-02-1117ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING DEADLINES. Signed by Magistrate Judge Jacqueline Scott Corley on 2/11/2020. Initial Case Management Conference continued to 4/16/2020 at 1:30 p.m. in San Francisco, Courtroom E, 15th Floor. Joint case management statement due by 4/9/2020. (ahm, COURT STAFF) (Filed on 2/11/2020) (Entered: 02/11/2020)
2020-02-1918MOTION for Leave to File First Amended and Supplemental Complaint filed by Electronic Frontier Foundation. (Attachments: # 1 Exhibit A: Amended complaint, # 2 Exhibit B: Stipulation, # 3 Proposed Order)(Hussain, Saira) (Filed on 2/19/2020) (Entered: 02/19/2020)
2020-02-2419ORDER by Magistrate Judge Jacqueline Scott Corley granting 18 Stipulation for Leave to File First Amended and Supplemental Complaint. (ahm, COURT STAFF) (Filed on 2/24/2020) (Entered: 02/24/2020)
2020-04-0920JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security. (Hsu, Shining) (Filed on 4/9/2020) (Entered: 04/09/2020)
2020-04-0921STIPULATION WITH PROPOSED ORDER to Set Production Schedule and Vacate Case Management Conference filed by United States Department of Homeland Security. (Hsu, Shining) (Filed on 4/9/2020) (Entered: 04/09/2020)
2020-04-0922ORDER by Magistrate Judge Jacqueline Scott Corley granting 21 Stipulation to Set Production Schedule and Vacate Case Management Conference. Status Report due by 6/8/2020. (ahm, COURT STAFF) (Filed on 4/9/2020) (Entered: 04/09/2020)
2020-04-2423Answer to Amended Complaint 1 Complaint byUnited States Department of Homeland Security. (Hsu, Shining) (Filed on 4/24/2020) (Entered: 04/24/2020)
2020-06-0824STATUS REPORT Submitted Jointly with Plaintiff by United States Department of Homeland Security. (Hsu, Shining) (Filed on 6/8/2020) (Entered: 06/08/2020)
2020-09-0825STATUS REPORT - Joint by United States Department of Homeland Security. (Hsu, Shining) (Filed on 9/8/2020) (Entered: 09/08/2020)
2020-12-0726THIRD JOINT STATUS REPORT by United States Department of Homeland Security. (Hsu, Shining) (Filed on 12/7/2020) Modified on 12/8/2020 (gbaS, COURT STAFF). (Entered: 12/07/2020)
2021-03-0827STATUS REPORT Fourth Joint Status Report by United States Department of Homeland Security. (Hsu, Shining) (Filed on 3/8/2021) (Entered: 03/08/2021)
2021-06-0728FIFTH JOINT STATUS REPORT by United States Department of Homeland Security. (Johann, Pamela) (Filed on 6/7/2021) Modified on 6/8/2021 (mclS, COURT STAFF). (Entered: 06/07/2021)
2021-06-0829NOTICE of Change In Counsel by Saira A Hussain (Hussain, Saira) (Filed on 6/8/2021) (Entered: 06/08/2021)
2021-06-0830NOTICE of Substitution of Counsel by Pamela T. Johann (Johann, Pamela) (Filed on 6/8/2021) (Entered: 06/08/2021)
2021-08-1331STIPULATION WITH PROPOSED ORDER and Status Report filed by United States Department of Homeland Security. (Johann, Pamela) (Filed on 8/13/2021) (Entered: 08/13/2021)
2021-08-1632ORDER by Magistrate Judge Jacqueline Scott Corley granting 31 Stipulation. Next status report shall be filed by November 12, 2021. (ahm, COURT STAFF) (Filed on 8/16/2021) (Entered: 08/16/2021)
2021-11-1233SEVENTH JOINT STATUS REPORT by Electronic Frontier Foundation, United States Department of Homeland Security. (Hussain, Saira) (Filed on 11/12/2021) Modified on 11/15/2021 (cjl, COURT STAFF). (Entered: 11/12/2021)
2022-02-1034Eighth Joint STATUS REPORT and Proposed Order by United States Department of Homeland Security and Electronic Frontier Foundation. (Johann, Pamela) (Filed on 2/10/2022) Modified on 2/11/2022 (jml, COURT STAFF). (Entered: 02/10/2022)
2022-02-1135ORDER regarding 34 Status Report filed by United States Department of Homeland Security. The parties to file a joint status report, a joint case management statement, or a stipulated request for voluntary dismissal on or before May 9, 2022. Signed by Judge Jacqueline Scott Corley on 2/11/2022. (ahm, COURT STAFF) (Filed on 2/11/2022) (Entered: 02/11/2022)
2022-05-0936NINTH JOINT STATUS REPORT by United States Department of Homeland Security, Electronic Frontier Foundation. (Johann, Pamela) (Filed on 5/9/2022) Modified on 5/9/2022 (cjl, COURT STAFF). (Entered: 05/09/2022)
2022-05-0937ORDER regarding 36 Ninth Status Report filed by Electronic Frontier Foundation & United States Department of Homeland Security. The parties to file a joint status report, a joint case management statement, or a stipulated request for voluntary dismissal on or before August 5, 2022. Signed by Judge Jacqueline Scott Corley on 5/9/2022. (ahm, COURT STAFF) (Filed on 5/9/2022) (Entered: 05/09/2022)
2022-08-0538Tenth JOINT STATUS REPORT by Electronic Frontier Foundation and United States Department of Homeland Security. (Hussain, Saira) (Filed on 8/5/2022) Modified on 8/5/2022 (kkp, COURT STAFF). (Entered: 08/05/2022)
2022-08-0839ORDER re 38 Status Report filed by Electronic Frontier Foundation, United States Department of Homeland Security. Signed by Judge Jacqueline Scott Corley on 8/8/2022. (ahm, COURT STAFF) (Filed on 8/8/2022) (Entered: 08/08/2022)
2022-11-0340JOINT STATUS REPORT and Proposed Order by United States Department of Homeland Security and Electronic Frontier Foundation. (Johann, Pamela) (Filed on 11/3/2022) Modified on 11/4/2022 (kkp, COURT STAFF). (Entered: 11/03/2022)
2022-11-0441ORDER re 40 Status Report filed by Electronic Frontier Foundation, United States Department of Homeland Security. Signed by Judge Jacqueline Scott Corley on 11/4/2022. (ahm, COURT STAFF) (Filed on 11/4/2022) (Entered: 11/04/2022)
2022-12-0542STIPULATION WITH PROPOSED ORDER and Status Report filed by United States Department of Homeland Security and Electronic Frontier Foundation. (Johann, Pamela) (Filed on 12/5/2022) Modified on 12/6/2022 (jml, COURT STAFF). (Entered: 12/05/2022)
2022-12-0643ORDER by Judge Jacqueline Scott Corley granting 42 Stipulation regarding status report. (ahm, COURT STAFF) (Filed on 12/6/2022) (Entered: 12/06/2022)
2023-01-0544STIPULATION WITH PROPOSED ORDER re Settlement and Dismissal with Prejudice filed by United States Department of Homeland Security, Electronic Frontier Foundation. (Johann, Pamela) (Filed on 1/5/2023) Modified on 1/5/2023 (cjl, COURT STAFF). (Entered: 01/05/2023)
2023-01-0645ORDER by Judge Jacqueline Scott Corley granting 44 Stipulation re Settlement and Dismissal with Prejudice. (ahm, COURT STAFF) (Filed on 1/6/2023) (Entered: 01/06/2023)
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