Case Detail

FOIA Project Annotation: Judge Reggie Walton has granted the FBI a stay of one month to respond to EFF's request pertaining to the agency's investigative data warehouse program. EFF made two requests to the agency in August and September 2006 and filed suit in October 2006. In April 2007, the FBI requested a stay until February 2013 based on the potentially large number of responsive documents and the loss of one-third of the agency's FOIA personnel because of its decision to relocate to Winchester, Virginia. EFF then sought and received expedited processing status from the Justice Department's Office of Public Affairs, which moved EFF's request ahead of all pending requests that had not been granted expedited processing. The agency found 72,000 potentially responsive documents, reviewed 21,000 of them, and released 750 pages. In arguing against the agency's request for a 68-month stay, EFF pointed out that because the agency had been able to process nearly one-third of the responsive documents already its claim that it would take another five years was exaggerated. EFF argued that the agency's workload was predictable and did not qualify as exceptional circumstances. But Walton noted that EFF's claim "misses the mark because it focuses solely on the Record Section's workload. It is not that exceptional circumstances exist solely because of the workload, but also due to the depleted workforce available to address the workload. . .[T]he relocation of its Record Section resulted in a significant loss of senior personnel and the section is now operating at more than one hundred positions below its funded staffing level. This reduction in staff has understandably increased the burden on the experienced employees who remain. . .[L]ogically, a finite pool of human resources can only accomplish so much." As to whether the FBI had shown due diligence and reasonable progress in reducing its backlog, Walton observed that "once its Record Section is fully operational in its new facility, the processing time of FOIA requests will decrease by forty percent. Moreover, in its effort to reduce processing time, the FBI has developed electronic processing techniques that have replace several manual processing procedures and is aggressively recruiting new Record Section employees. As a result of the steps taken thus far, both the number of backlogged requests and the median number of days to process requests have been reduced over the past ten years." Walton then indicated that "to date, all of the potentially responsive documents have been reviewed by the Record Section and only a limited number have been deemed responsive to the plaintiff's requests and therefore released. And, only a nominal number of these documents found to be responsive await further review to determine whether the information contained in those documents is exempt or can also be released. In light of the progress already made in processing the plaintiff's FOIA requests, it seems quite likely that the process will be completed well before February 2013, the date initially requested by defendant for the termination of the stay. In fact, the defendant has now represented that it expects to have completed its review of the plaintiff's requests by June 9, 2008. The Court will therefore grant the defendant's request for an Open America stay only until August 1, 2008."
Issues: Delay - Stay of proceedings

Date Filed	Doc #	Docket Text
2006-10-17	1	COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350 receipt number 139423.)filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 10/20/2006)
2006-10-17	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (td, ) (Entered: 10/20/2006)
2006-10-17		SUMMONS (3) Issued as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 10/20/2006)
2006-11-24	3	ANSWER to Complaint by DEPARTMENT OF JUSTICE. Related document: 1 Complaint filed by ELECTRONIC FRONTIER FOUNDATION,.(Luh, James) (Entered: 11/24/2006)
2006-12-01	4	Unopposed MOTION for Leave to File supplemental answer by DEPARTMENT OF JUSTICE. (Attachments: # 1 proposed supplemental answer# 2 Text of Proposed Order proposed order)(Luh, James) (Entered: 12/01/2006)
2006-12-01		MINUTE ORDER granting 4 Motion for Leave to Supplement Answer. The supplemental answer is deemed filed as of the date of this Order. Signed by Judge Reggie B. Walton on December 1, 2006. (MDW, ) (Entered: 12/01/2006)
2006-12-01	5	SUPPLEMENT to answer to re 3 Answer to Complaint filed by DEPARTMENT OF JUSTICE. (td, ) (Entered: 12/04/2006)
2007-02-23	6	STATUS REPORT (JOINT) and Proposed Schedule by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 02/23/2007)
2007-03-27		SCHEDULING ORDER: Dispositive Motions due by 4/2/2007, Response to Dispositive Motions due by 4/23/2007, Reply to Dispositive Motions due by 5/14/2007. Scheduling Conference set for 8/17/2007 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. Signed by Judge Reggie B. Walton on March 27, 2007. (MDW, ) (Entered: 03/27/2007)
2007-04-02	7	MOTION to Stay (Motion for Open America Stay) by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support# 2 Text of Proposed Order # 3 Exhibit # 4 Exhibit)(Luh, James) (Entered: 04/02/2007)
2007-04-23		Set/Reset Hearings: Scheduling Conference set for 8/23/2007 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 04/23/2007)
2007-04-23	8	Memorandum in opposition to re 7 MOTION to Stay (Motion for Open America Stay) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Sobel, David) (Entered: 04/23/2007)
2007-05-14	9	REPLY to opposition to motion re 7 MOTION to Stay (Motion for Open America Stay) filed by DEPARTMENT OF JUSTICE. (Luh, James) (Entered: 05/14/2007)
2007-08-01		Set/Reset Hearings: Scheduling Conference originally set for 8/23/07 was reset for 9/10/2007 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) (Entered: 08/01/2007)
2007-08-22	10	MOTION for Preliminary Injunction by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Text of Proposed Order)(Sobel, David) (Entered: 08/22/2007)
2007-09-04	11	Memorandum in opposition to re 10 MOTION for Preliminary Injunction filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Text of Proposed Order)(Luh, James) (Entered: 09/04/2007)
2007-09-04	12	NOTICE Supplement to Motion for Open America Stay (also filed as dkt. no. 11) by DEPARTMENT OF JUSTICE re 7 MOTION to Stay (Motion for Open America Stay) (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Text of Proposed Order)(Luh, James) (Entered: 09/04/2007)
2007-09-07		MINUTE ORDER. The status conference scheduled for September 10, 2007 is hereby vacated and will be rescheduled after disposition of the defendant's pending motion to stay proceedings. The Court does not require a hearing on the plaintiff's motion for preliminary injunction and will issue an order on that motion immediately. Signed by Judge Reggie B. Walton on September 7, 2007. (MDW, ) (Entered: 09/07/2007)
2007-09-10	13	REPLY to opposition to motion re 10 MOTION for Preliminary Injunction filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit 1)(Sobel, David) (Entered: 09/10/2007)
2007-09-10	14	RESPONSE re 7 MOTION to Stay (Motion for Open America Stay) to Defendant's Supplement filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit 1)(Sobel, David) (Entered: 09/10/2007)
2007-09-18	15	NOTICE of Change of Address by Marcia Clare Hofmann (Hofmann, Marcia) (Entered: 09/18/2007)
2007-09-27	16	ORDER denying 10 Motion for Preliminary Injunction. Signed by Judge Reggie B. Walton on September 27, 2007. (MDW, ) (Entered: 09/27/2007)
2008-01-25	17	RESPONSE TO ORDER OF THE COURT re 16 Order on Motion for Preliminary Injunction (Defendant's Status Report) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration)(Luh, James) (Entered: 01/25/2008)
2008-03-28	18	ORDER granting 7 Motion to Stay the Proceedings. Signed by Judge Reggie B. Walton on 03-28-08. (TH, ) (Entered: 03/28/2008)
2008-05-27	19	RESPONSE TO ORDER OF THE COURT re 18 Order on Motion to Stay, 16 Order on Motion for Preliminary Injunction (Defendant's Status Report) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Fourth Declaration of David M. Hardy)(Luh, James) (Entered: 05/27/2008)
2008-06-30	20	MEMORANDUM AND OPINION. Signed by Judge Reggie B. Walton on 06-30-08. (TH, ) (Entered: 06/30/2008)
2008-06-30	21	AMENDED ORDER. This Amended Order amends the ORDER dated March 28, 2008, granting the defendant's [D.E. # 7] Motion to Stay the Proceedings. Signed by Judge Reggie B. Walton on 06-30-08. (TH, ) (Entered: 06/30/2008)
2008-07-08	22	RESPONSE TO ORDER OF THE COURT re 18 Order on Motion to Stay, 16 Order on Motion for Preliminary Injunction, 21 Order (Joint Status Report) filed by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF JUSTICE. (Luh, James) (Entered: 07/08/2008)
2008-09-03	23	Joint MOTION for Entry of Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 09/03/2008)
2008-09-15		MINUTE ORDER granting 23 Motion for Entry of Briefing Schedule. It is hereby ORDERED that the Defendant shall serve its motion for summary judgment, including its Vaughn submission, by December 19, 2008; the Plaintiff shall serve its combined cross-motion for summary judgment and opposition to defendant's motion by January 21, 2009; the Defendant shall serve its combined reply in support of its motion for summary judgment and opposition to plaintiff's motion for summary judgment by February 20, 2009; the Plaintiff shall serve its reply in support of its motion for summary judgment by March 23, 2009. It is further ORDERED that each party shall be permitted a total of 70 pages for its two briefs. SO ORDERED this 15th day of September, 2008. Signed by Judge Reggie B. Walton on 09/15/08. (TH, ) (Entered: 09/15/2008)
2008-09-15		Set/Reset Deadlines/Hearings: Defendant shall serve its motion for summary judgment, including its Vaughn submission, by December 19, 2008; the Plaintiff shall serve its combined cross-motion for summary judgment and opposition to defendant's motion by January 21, 2009; the Defendant shall serve its combined reply in support of its motion for summary judgment and opposition to plaintiff's motion for summary judgment by February 20, 2009; the Plaintiff shall serve its reply in support of its motion for summary judgment by March 23, 2009.(jwd ) (Entered: 09/15/2008)
2008-12-16	24	Unopposed MOTION to Reset Briefing Schedule re Order on Motion for Miscellaneous Relief,,, Set/Reset Deadlines/Hearings,, by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 12/16/2008)
2008-12-17		MINUTE ORDER granting 24 Defendant's Unopposed Motion to Reset Briefing Schedule. Upon consideration of the various filings submitted by the parties, it is hereby ORDERED that Defendant shall serve its motion for summary judgment by January 23, 2009. It is further ORDERED that Plaintiff shall serve its combined cross-motion for summary judgment and opposition to defendants motion by February 24, 2009. It is further ORDERED that Defendant shall serve its combined reply in support of its motion for summary judgment and opposition to plaintiffs motion for summary judgment by March 26, 2009.It is further ORDERED that Plaintiff shall serve its reply in support of its motion for summary judgment by April 27, 2009. SO ORDERED.. Signed by Judge Reggie B. Walton on 12/17/08. (TH, ) (Entered: 12/17/2008)
2008-12-17		Set/Reset Deadlines: Summary Judgment motions due by 1/23/2009; Opposition to Motion for Summary Judgment or Cross Motion due by 2/24/2009; Reply to Motion for Summary Judgment or Opposition to Cross Motion due by 3/26/2009; Reply in support due by 4/27/09; (mpt, ) (Entered: 12/17/2008)
2009-01-23	25	MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) by DEPARTMENT OF JUSTICE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Exhibit 1 (part 1), # 4 Exhibit 1 (part 2), # 5 Exhibit 1 (part 3), # 6 Exhibit 1 (part 4), # 7 Exhibit 1 (part 5), # 8 Exhibit 1 (part 6), # 9 Exhibit 1 (part 7), # 10 Exhibit 1 (part 8), # 11 Exhibit 1 (part 9), # 12 Exhibit 1 (part 10), # 13 Text of Proposed Order)(Luh, James) (Entered: 01/23/2009)
2009-01-29	26	MOTION to Stay Proceedings by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Sobel, David) (Entered: 01/29/2009)
2009-02-11	27	ORDER staying 26 Plaintiff's Motion to Stay and Ordering Defendant to File a Notice. Signed by Judge Reggie B. Walton on 02/11/09. (TH, ) (Entered: 02/11/2009)
2009-02-12	28	Memorandum in opposition to re 26 MOTION to Stay Proceedings (Defendant's Opposition to Plaintiff's Motion to Stay Proceedings) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 02/12/2009)
2009-02-17	29	MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment and Cross-Move for Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Sobel, David) (Entered: 02/17/2009)
2009-02-19	30	Memorandum in opposition to re 29 MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment and Cross-Move for Summary Judgment (Defendant's Opposition to Plaintiff's Motion for Extension of Time) filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 02/19/2009)
2009-02-20	31	REPLY to opposition to motion re 26 MOTION to Stay Proceedings filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 02/20/2009)
2009-02-23		MINUTE ORDER granting 29 Plaintiff's Motion for Extension of Time. It is ORDERED that the plaintiff's response is now due on April 27, 2009. Signed by Judge Reggie B. Walton on 02/23/09. (TH, ) (Entered: 02/23/2009)
2009-02-23		Set/Reset Deadlines: Responses due by 4/27/2009 (mpt, ) (Entered: 02/23/2009)
2009-03-18	32	MOTION for Extension of Time to File Response/Reply as to 25 MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) MOTION for Summary Judgment (Defendant's Motion for Summary Judgment) , MOTION to Reset Briefing Schedule re Order on Motion for Miscellaneous Relief,,, Order on Motion for Extension of Time to by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Luh, James) (Entered: 03/18/2009)
2009-03-24		MINUTE ORDER granting 32 Defendant's Motion to Reset Briefing Schedule. The Defendant shall file its combined response by May 27, 2009. Signed by Judge Reggie B. Walton on 03/24/09. (TH, ) (Entered: 03/24/2009)
2009-03-26		Set/Reset Deadlines: Response due by 5/27/2009 (mpt, ) (Entered: 03/26/2009)
2009-03-26	33	NOTICE OF SUPPLEMENTAL AUTHORITY by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sobel, David) (Entered: 03/26/2009)
2009-04-13	34	NOTICE of Appearance by Lily Sara Farel on behalf of all defendants (Farel, Lily) (Entered: 04/13/2009)
2009-04-13	35	RESPONSE TO ORDER OF THE COURT re 27 Order on Motion to Stay (Defendant's Notice in Response to the Court's February 11, 2009, Order) filed by DEPARTMENT OF JUSTICE. (Luh, James) (Entered: 04/13/2009)
2009-04-21	36	NOTICE of Voluntary Dismissal by all defendants (Farel, Lily) (Entered: 04/21/2009)
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