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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03071
Date Filed2020-10-26
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records. EPIC's first request was for communications and contracts pertaining to the use of Clearview's facial recognition technology. The second request asked for records concerning contracts with other facial recognition vendors. EPIC requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the requests and asked EPIC to clarify its requests. After hearing nothing further from the agency, EPIC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
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

2020-10-261COMPLAINT against IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number ADCDC-7756617) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General of the United States, # 3 Summons Immigration and Customs Enforcement, # 4 Summons US Attorney)(Scott, Jeramie) (Attachment 1 replaced on 11/6/2020) (znmw). (Entered: 10/26/2020)
2020-10-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (Scott, Jeramie) (Entered: 10/26/2020)
2020-10-263ERRATA correcting signature error on civil cover sheet by ELECTRONIC PRIVACY INFORMATION CENTER 1 Complaint, filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 10/26/2020)
2020-10-26Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 10/26/2020)
2020-10-264SUMMONS (3) Issued Electronically as to IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/26/2020)
2020-10-265STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/26/2020. (lctnm1) (Entered: 10/26/2020)
2020-11-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/29/2020. (Scott, Jeramie) (Entered: 11/12/2020)
2020-11-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 11/2/2020 (Scott, Jeramie) (Entered: 11/12/2020)
2020-11-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/02/2020. (Scott, Jeramie) (Entered: 11/12/2020)
2020-12-049ANSWER to Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT.(Tilghman, Michael) (Entered: 12/04/2020)
2020-12-04MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceedings in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before January 5, 2021. Signed by Judge Trevor N. McFadden on 12/4/2020. (lctnm1) (Entered: 12/04/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/5/2021. (hmc) (Entered: 12/07/2020)
2021-01-0510Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 01/05/2021)
2021-01-06MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report no later than February 4, 2021. Signed by Judge Trevor N. McFadden on 1/6/2021. (lctnm1) (Entered: 01/06/2021)
2021-01-06Set/Reset Deadlines: Joint Status Report due by 2/4/2021. (hmc) (Entered: 01/06/2021)
2021-02-0411Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 02/04/2021)
2021-02-04MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties shall file a further Joint Status Report on March 8, 2021, and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/4/2021. (lctnm1). (Entered: 02/04/2021)
2021-02-04Set/Reset Deadlines: Joint Status Report due by 3/8/2021, and every 60 days thereafter. (hmc) Modified on 2/4/2021 (hmc). (Entered: 02/04/2021)
2021-03-0812Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 03/08/2021)
2021-05-0713Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 05/07/2021)
2021-07-0614Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 07/06/2021)
2021-07-07MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, the parties shall appear for a telephonic status conference on September 10, 2021, at 11:00 a.m. Dial-in details will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2021. (lctnm1). (Entered: 07/07/2021)
2021-07-07MINUTE ORDER. The status conference on September 10, 2021, at 11:00 a.m. shall be held in person in Courtroom 2 before the Honorable Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2021. (lctnm1). (Entered: 07/07/2021)
2021-07-08Set/Reset Hearings: Status Conference set for 9/10/2021 at 11:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 07/08/2021)
2021-08-12NOTICE OF RESCHEDULED HEARING: The parties shall take notice that the Status Conference currently set for 9/10/2021, is rescheduled to 9/21/2021 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 08/12/2021)
2021-09-0715Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 09/07/2021)
2021-09-1516NOTICE of Appearance by Enid Zhou on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Zhou, Enid) (Entered: 09/15/2021)
2021-09-20MINUTE ORDER. The status conference currently scheduled for September 21, 2021, is hereby rescheduled to October 5, 2021, at 11:00 a.m. The hearing will occur via teleconference. Call-in details will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/6/2021. (lctnm1) (Entered: 09/20/2021)
2021-09-20Set/Reset Hearings: Telephonic Status Conference rescheduled to 10/5/2021 at 11:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 09/20/2021)
2021-10-05Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 10/5/2021. Joint Status Report due by 12/6/2021, and every 60 days thereafter. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 10/05/2021)
2021-12-0617Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 12/06/2021)
2022-02-0418Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 02/04/2022)
2022-04-0519NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 04/05/2022)
2022-04-0520Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Curteman, Dedra) (Entered: 04/05/2022)
2022-06-0621Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 06/06/2022)
2022-07-0522NOTICE OF WITHDRAWAL OF APPEARANCE as to IMMIGRATION AND CUSTOMS ENFORCEMENT. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-08-0523Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tilghman, Michael) (Entered: 08/05/2022)
2022-09-0624NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of All Defendants Substituting for attorney Michael A. Tilghman II (Schaefer, Daniel) (Entered: 09/06/2022)
2022-09-2925NOTICE of Appearance by John L. Davisson on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Davisson, John) (Entered: 09/29/2022)
2022-10-0426Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Davisson, John) (Entered: 10/04/2022)
2022-10-04MINUTE ORDER: The parties may have until December 5, 2022, to meet and confer. SO ORDERED. Signed by Trevor N. McFadden on 10/4/2022. (lctnm1) (Entered: 10/04/2022)
2022-10-05Set/Reset Deadlines: Meet and confer by 12/5/2022. (hmc) (Entered: 10/05/2022)
2022-10-1427NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Daniel Schaefer (Curteman, Dedra) (Entered: 10/14/2022)
2022-12-0528Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Curteman, Dedra) (Entered: 12/05/2022)
2022-12-05MINUTE ORDER: The parties shall file another Joint Status Report by February 15, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/5/2022. (lctnm1) (Entered: 12/05/2022)
2022-12-05Set/Reset Deadlines: Joint Status Report due by 2/15/2023. (hmc) (Entered: 12/05/2022)
2023-02-1529Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 02/15/2023)
2023-02-15MINUTE ORDER: The parties shall submit another Joint Status Report by March 17, 2023, which should include the parties' proposed briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/15/2023. (lctnm1) (Entered: 02/15/2023)
2023-02-16Set/Reset Deadlines: Joint Status Report due by 3/17/2023. (hmc) (Entered: 02/16/2023)
2023-02-16RESOLVED...NOTICE of Provisional/Government Not Certified Status re 29 Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/23/2023. (zbaj) Modified on 2/23/2023 (zbaj). (Entered: 02/16/2023)
2023-03-1730Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Curteman, Dedra) (Entered: 03/17/2023)
2023-03-20MINUTE ORDER: The parties shall file another Joint Status Report on April 7, 2023 that includes the parties' proposed briefing schedule. An in-person Status Conference is scheduled for April 14, 2023, at 10 AM in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2023. (lctnm1) (Entered: 03/20/2023)
2023-03-21Set/Reset Deadlines/Hearings: Joint Status Report due by 4/7/2023. Status Conference set for 4/14/2023 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 03/21/2023)
2023-04-0731Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 04/07/2023)
2023-04-14Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 4/14/2023. Defendant's motion for summary judgment, Vaughn index, and supporting declaration due by 6/2/2023. Plaintiff's opposition and cross motion due by 7/3/2023. Defendant's reply and opposition to Plaintiff's cross motion due by 8/4/2023. Plaintiff's reply in support of its cross motion due by 9/1/2023. (Court Reporter: Stacy Heavenridge.) (hmc) (Entered: 04/14/2023)
2023-05-2632Consent MOTION to Modify Briefing Schedule by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/26/2023)
2023-05-2633ERRATA by IMMIGRATION AND CUSTOMS ENFORCEMENT re 32 Motion to Modify. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/26/2023)
2023-05-26MINUTE ORDER: Defendant's 32 Consent Motion to Enlarge is granted. Defendant must file its motion for summary judgment, Vaughn index, and supporting declaration by June 9, 2023. Plaintiff must file its opposition and cross motion for summary judgment by July 10, 2023. Defendant must file its reply and opposition by August 11, 20232. And Plaintiff must file its reply by September 8, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/26/2023. (lctnm1) (Entered: 05/26/2023)
2023-05-30Set/Reset Deadlines: Defendant's motion for summary judgment, Vaughn index, and supporting declaration due by June 9, 2023. Plaintiff's opposition and cross motion for summary judgment due by July 10, 2023. Defendant's reply and opposition due by August 11, 20232. Plaintiff's reply due by September 8, 2023. (hmc) (Entered: 05/30/2023)
2023-06-0934MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Statement of Facts, # 5 Text of Proposed Order)(Curteman, Dedra) (Entered: 06/09/2023)
2023-07-1135Memorandum in opposition to re 34 Motion for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Text of Proposed Order)(Scott, Jeramie) (Entered: 07/11/2023)
2023-07-1136MOTION for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit)(Scott, Jeramie) (Entered: 07/11/2023)
2023-08-0437ERRATA Motion for Summary Judgment and Memorandum in Support by IMMIGRATION AND CUSTOMS ENFORCEMENT re 34 Motion for Summary Judgment. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Curteman, Dedra) (Entered: 08/04/2023)
2023-08-0438Consent MOTION to Stay for 90 Days for the Agency to Conduct Supplemental Searches by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 08/04/2023)
2023-08-07MINUTE ORDER: The Government's 38 Consent Motion to Stay for 90 Days is granted. This case is stayed until November 2, 2023. By November 2, 2023, the parties shall submit a proposed briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/7/2023. (lctnm1) (Entered: 08/07/2023)
2023-11-0239Joint MOTION for Scheduling Order by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/02/2023)
2023-11-0440ORDER denying the parties' 39 Joint Motion to Set a Briefing Schedule, denying Defendant's 34 Motion for Summary Judgment, and denying Plaintiff's 36 Cross-Motion for Summary Judgment. The parties shall file a joint status report by December 15, 2023. See the attached Order for details. Signed by Judge Trevor N. McFadden on 11/04/2023. (lctnm1) (Entered: 11/04/2023)
2023-11-06Set/Reset Deadlines: Joint Status Report due by 12/15/2023. (hmc) (Entered: 11/06/2023)
2023-11-06Case Unstayed. (hmc) (Entered: 11/06/2023)
2023-12-1441Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Curteman, Dedra) (Entered: 12/14/2023)
2023-12-14MINUTE ORDER: The parties shall file a Joint Status Report by February 12, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/2023. (lctnm1) (Entered: 12/14/2023)
2024-02-1242Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Curteman, Dedra) (Entered: 02/12/2024)
2024-02-13MINUTE ORDER: The parties shall file a Joint Status Report by April 12, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 02/13/2024. (lctnm1) (Entered: 02/13/2024)
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