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Case TitleELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF HOMELAND SECURITY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2006cv01988
Date Filed2006-11-21
Date Closed2008-05-21
JudgeJudge Ellen S. Huvelle
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionThe Electronic Frontier Foundation submitted a FOIA request to the Department of Homeland Security for records concerning communications between agency officials and officials of the European Union pertaining to the transfer and use of passenger data from air carriers to the U.S. for prescreening purposes. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, EFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF HOMELAND SECURITY
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [9]
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-11-211COMPLAINT against DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 350 receipt number 4616000303.)filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 11/24/2006)
2006-11-21SUMMONS (3) Issued as to DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 11/24/2006)
2006-11-212LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (jf, ) (Entered: 11/24/2006)
2006-12-213AMENDED COMPLAINT against DEPARTMENT OF HOMELAND SECURITY filed by ELECTRONIC FRONTIER FOUNDATION.(lc, ) (Entered: 12/27/2006)
2007-01-094NOTICE of Appearance by John R. Coleman on behalf of DEPARTMENT OF HOMELAND SECURITY (Coleman, John) (Entered: 01/09/2007)
2007-01-105ANSWER to Amended Complaint by DEPARTMENT OF HOMELAND SECURITY. Related document: 3 Amended Complaint filed by ELECTRONIC FRONTIER FOUNDATION,.(Coleman, John) (Entered: 01/10/2007)
2007-01-116MOTION to Consolidate Cases by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E# 5 Exhibit F# 6 Text of Proposed Order # 7 Exhibit D)(Sobel, David) (Entered: 01/11/2007)
2007-01-257Memorandum in opposition to re 6 MOTION to Consolidate Cases filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 # 2 )(Coleman, John) (Entered: 01/25/2007)
2007-01-298REPLY to opposition to motion re 6 MOTION to Consolidate Cases filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 01/29/2007)
2007-01-309MOTION for Leave to File Supplemental Brief in Opposition to Plaintiff's Motion to Consolidate by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Supplemental Brief in Opposition to Motion to Consolidate# 2 Exhibit # 3 Proposed Order)(Coleman, John) (Entered: 01/30/2007)
2007-01-31MINUTE ORDER: Having considered the plaintiff's motion and defendant's opposition and supplemental memorandum, the Court will grant the motion to consolidate for the purpose of deciding plaintiff's request for expedited processing under FOIA. The Court will not consolidate these cases for any other purpose, including the issue of whether various documents shall be disclosed under FOIA. Accordingly, the motion to consolidate 8 is GRANTED IN PART with respect to the issue of expedited processing; defendant's motion for leave to file 9 is GRANTED; and the parties shall submit a proposed briefing schedule to Chambers by February 6, 2007. Signed by Judge Ellen S. Huvelle on 1/31/2007. (KF) (Entered: 01/31/2007)
2007-01-3110SUPPLEMENTAL MEMORANDUM to re 7 Memorandum in Opposition re 6 MOTION to Consolidate Cases filed by DEPARTMENT OF HOMELAND SECURITY. (jf, ) (Entered: 02/01/2007)
2007-02-0511NOTICE of Proposed Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF HOMELAND SECURITY (Sobel, David) (Entered: 02/05/2007)
2007-02-05MINUTE ORDER: Plaintiff's motion for partial summary judgment on the issue of expedited processing shall be due on or before February 8, 2007; defendant's opposition and cross-motion shall be due on or before February 22, 2007; plaintiff's reply and opposition to cross-motion shall be due on or before March 1, 2007; and defendant's reply shall be due on or before March 8, 2007. Signed by Judge Ellen S. Huvelle on 2/5/2007. (KF) (Entered: 02/05/2007)
2007-02-05Set/Reset Deadlines: Cross Motions due by 2/22/2007. Response to Cross Motions due by 3/1/2007. Reply to Cross Motions due by 3/8/2007. Partial Summary Judgment motions due by 2/8/2007. Response to Motion for Summary Judgment due by 2/22/2007. Reply to Motion for Summary Judgment due by 3/1/2007. (gdf) (Entered: 02/06/2007)
2007-02-0812MOTION for Partial Summary Judgment by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F.1# 7 Exhibit F.2# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Text of Proposed Order)(Sobel, David) (Entered: 02/08/2007)
2007-02-2213MOTION for Partial Summary Judgment by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit Coleman Declaration# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Text of Proposed Order)(Coleman, John) (Entered: 02/22/2007)
2007-02-2214Memorandum in opposition to re 12 MOTION for Partial Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Affidavit Coleman Declaration# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Text of Proposed Order)(Coleman, John) (Entered: 02/22/2007)
2007-02-2715STIPULATION of Dismissal of Plaintiff's Second Cause of Action by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF HOMELAND SECURITY. (Coleman, John) (Entered: 02/27/2007)
2007-03-0116Memorandum in opposition to re 13 MOTION for Partial Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Affidavit Declaration of David L. Sobel# 2 Exhibit J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M)(Sobel, David) (Entered: 03/01/2007)
2007-03-0117REPLY to opposition to motion re 12 MOTION for Partial Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Affidavit Declaration of David L. Sobel# 2 Exhibit J# 3 Exhibit K# 4 Exhibit L# 5 Exhibit M)(Sobel, David) (Entered: 03/01/2007)
2007-03-0818REPLY to opposition to motion re 13 MOTION for Partial Summary Judgment filed by DEPARTMENT OF HOMELAND SECURITY. (Coleman, John) (Entered: 03/08/2007)
2007-04-0219MEMORANDUM OPINION AND ORDER denying 12 plaintiff's Motion for Partial Summary Judgment and granting 13 defendant's Motion for Partial Summary Judgment. A status conference is set for April 27, 2007, at 9:45 a.m. Signed by Judge Ellen S. Huvelle on April 2, 2007. (lcesh1) (Entered: 04/02/2007)
2007-04-02Set/Reset Hearings: Status Conference set for 4/27/2007 09:45 AM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 04/03/2007)
2007-04-27Minute Entry for proceedings held before Judge Ellen S. Huvelle: Status Conference held on 4/27/2007. Scheduling order to presented. (Court Reporter Lisa Griffith) (gdf) (Entered: 04/27/2007)
2007-04-27MINUTE ORDER: Defendant will produce documents on a rolling basis, every two weeks, beginning on June 1, 2007. This production of documents will be completed by November 1, 2007. Defendant will file a Vaughn index on or before November 19, 2007, and a motion for summary judgment on December 19, 2007. Plaintiff's cross-motion for summary judgment is due on January 18, 2008; defendant's reply is due on February 4, 2008; and plaintiff's reply is due on February 18, 2008. Signed by Judge Ellen S. Huvelle on April 27, 2007. (lcesh1) (Entered: 04/27/2007)
2007-05-01Set/Reset Deadlines: Cross Motions due by 1/18/2008.,Response to Cross Motions due by 2/4/2008.,Reply to Cross Motions due by 2/18/2008., Vaughn Index due by 11/19/2007.,Summary Judgment motions due by 12/19/2007.,Response to Motion for Summary Judgment due by 1/18/2008.,Reply to Motion for Summary Judgment due by 2/4/2008. (gdf) (Entered: 05/01/2007)
2007-09-1820NOTICE of Change of Address by Marcia Clare Hofmann (Hofmann, Marcia) (Entered: 09/18/2007)
2007-10-1821MOTION to Amend/Correct Order,, and for a Stay by DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Exhibit A Lockett Decl.# 2 Exhibit B Rosenzweig Decl# 3 Exhibit C Coleman Decl# 4 Text of Proposed Order)(Coleman, John) (Entered: 10/18/2007)
2007-11-0122Memorandum in opposition to re 21 MOTION to Amend/Correct Order,, and for a Stay filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Sobel, David) (Entered: 11/01/2007)
2007-11-05MINUTE ORDER Setting Hearing on 21 Defendant's Motion to Amend Order and for a Stay of Proceedings: Motion Hearing set for 11/8/2007 at 2:30 PM in Courtroom 14 before Judge Ellen S. Huvelle. Signed by Judge Ellen S. Huvelle on 11/5/2007. (lcesh2) (Entered: 11/05/2007)
2007-11-05Set/Reset Hearings: Motion Hearing set for 11/8/2007 at 02:30 PM in Courtroom 14 before Judge Ellen S. Huvelle. (gdf) (Entered: 11/06/2007)
2007-11-08Minute Entry. Proceedings held before Judge Ellen S. Huvelle : Motion Hearing held on 11/8/2007, re 21 MOTION to Amend/Correct Order, and for a Stay filed by DEPARTMENT OF HOMELAND SECURITY. Motion to Amend/Correct Order, and for a Stay;Heard and Granted in part and Denied in Part. No further Hearing set. (Court Reporter Lisa Griffith.) (hs,) (Entered: 11/08/2007)
2007-11-0823ORDER granting in part and denying in part 21 Defendant's Motion to Amend the Court's April 27, 2007 Scheduling Order and for a Stay of Proceedings. Signed by Judge Ellen S. Huvelle on 11/8/2007. (lcesh2) (Entered: 11/08/2007)
2007-11-14Set/Reset Deadlines: Final Vaughn Index due by 4/30/2008. Status Report due by 12/10/2007.,Summary Judgment motions due by 5/27/2008. (gdf) (Entered: 11/14/2007)
2007-11-2024Joint MOTION for Extension of Time to Meet and Confer by ELECTRONIC FRONTIER FOUNDATION, DEPARTMENT OF HOMELAND SECURITY (Coleman, John) (Entered: 11/20/2007)
2007-11-20MINUTE ORDER granting 24 the parties' Joint Motion for Extension of Time to Meet and Confer. The deadline for the parties to meet to discuss the narrowing of the scope of plaintiff's document requests is extended up to and including November 29, 2007. Signed by Judge Ellen S. Huvelle on 11/20/2007. (KF) (Entered: 11/20/2007)
2007-11-26Set/Reset Deadlines: Meet & Confer Statement due by 11/29/2007. (gdf) (Entered: 11/26/2007)
2007-12-1025STATUS REPORT by DEPARTMENT OF HOMELAND SECURITY. (Coleman, John) (Entered: 12/10/2007)
2008-05-2026STIPULATION of Dismissal by ELECTRONIC FRONTIER FOUNDATION. (Hofmann, Marcia) (Entered: 05/20/2008)
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