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Case TitleELECTRONIC PRIVACY INFORMATION CENTER v. U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02150
Date Filed2018-09-17
Date Closed2020-04-19
JudgeJudge Amy Berman Jackson
PlaintiffELECTRONIC PRIVACY INFORMATION CENTER
Case DescriptionThe Electronic Privacy Information Center submitted two FOIA requests to the National Archives and Records Administration for communications sent to or from Brett Kavanaugh when he worked for the Bush administration concerning surveillance proposals. EPIC also requested inclusion in the news media fee category and expedited processing. The agency acknowledged receipt of EPIC's requests and granted EPIC's request for expedited processing. The G.W. Bush Presidential Library contacted EPIC to ask it to narrow the scope of its requests. EPIC indicated its willingness to do so, but 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. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
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

2018-09-171COMPLAINT against U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION ( Filing fee $ 400 receipt number 0090-5692537) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. National Archives and Records Administration, # 3 Summons U.S. Attorney for the District of Columbia, # 4 Summons Attorney General of the United States)(Butler, Alan) (Entered: 09/17/2018)
2018-09-182NOTICE OF RELATED CASE by ELECTRONIC PRIVACY INFORMATION CENTER. Case related to Case No. 18-2143. (Butler, Alan) (Entered: 09/18/2018)
2018-09-183NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 09/18/2018)
2018-09-184Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 09/18/2018)
2018-09-20Case Assigned to Judge Randolph D. Moss. (zrdj) (Entered: 09/20/2018)
2018-09-205SUMMONS (3) Issued Electronically as to U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 09/20/2018)
2018-09-206WITHDRAWN PURSUANT TO ORDER FILED 09/28/18.....MOTION for Preliminary Injunction by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(Rotenberg, Marc) Modified on 9/28/2018 (zjth). (Entered: 09/20/2018)
2018-09-207Case reassigned to Judge Amy Berman Jackson. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 09/21/2018)
2018-09-218NOTICE of Appearance by Stephen M. Pezzi on behalf of U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Pezzi, Stephen) (Entered: 09/21/2018)
2018-09-24Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Conference Call held in Chambers on 9/24/2018. (No Court Reporter) (jth) (Entered: 09/24/2018)
2018-09-24MINUTE ORDER. For the reasons discussed during the telephonic status conference held on this date, the parties must submit a joint status report by September 28, 2018 at 2:00 PM putting forth an agreed upon processing and production schedule, and their positions on whether the 6 pending preliminary injunction motion should be consolidated with the merits or deemed to be moot. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/24/2018. (lcabj3) (Entered: 09/24/2018)
2018-09-249NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 09/24/2018)
2018-09-2810Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 09/28/2018)
2018-09-2811ORDER. Plaintiff's motion for a preliminary injunction, 6 , has been terminated since it was withdrawn. See Joint Status Report 10 . The Court hereby adopts the parties' proposed schedule set forth in the joint status report. Id. The parties are directed to file a joint report on October 4, 2018, informing the Court of the status of the efforts included in Phase I. See ORDER for details. Signed by Judge Amy Berman Jackson on 09/28/2018. (lcabj3) (Entered: 09/28/2018)
2018-10-0112NOTICE of Change of Address by Stephen M. Pezzi (Pezzi, Stephen) (Entered: 10/01/2018)
2018-10-0413Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 10/04/2018)
2018-10-05MINUTE ORDER. The parties must file an updated joint status report by October 12, 2018. Signed by Judge Amy Berman Jackson on 10/05/2018. (lcabj3) (Entered: 10/05/2018)
2018-10-1214Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 10/12/2018)
2018-10-12MINUTE ORDER. In light of the parties' joint status report 14 , it is ORDERED that the parties shall file another joint status report by October 26, 2018. Signed by Judge Amy Berman Jackson on 10/12/18. (DMK) (Entered: 10/12/2018)
2018-10-12Set/Reset Deadlines: The parties shall file another joint status report by 10/26/2018. (jth) (Entered: 10/12/2018)
2018-10-2515NOTICE of Appearance by Michael Hendry Baer on behalf of All Defendants (Baer, Michael) (Entered: 10/25/2018)
2018-10-2616Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 10/26/2018)
2018-10-30MINUTE ORDER. The parties must file an updated joint status report by November 30, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2018. (lcabj3) (Entered: 10/30/2018)
2018-11-2117ANSWER to Complaint by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.(Baer, Michael) (Entered: 11/21/2018)
2018-11-3018Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Baer, Michael) (Entered: 11/30/2018)
2018-12-1019ORDER. The Court hereby adopts the parties' proposed schedule set forth in the November 30, 2018 joint status report 11 . The parties are directed to file a joint report on March 29, 2019, informing the Court of the status of the efforts included in Phase I. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/10/2018. (lcabj3) (Entered: 12/10/2018)
2018-12-2620Consent MOTION to Stay All Proceedings in Light of Lapse in Appropriations by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Pezzi, Stephen) (Entered: 12/26/2018)
2018-12-26MINUTE ORDER granting 20 Consent Motion to Stay. Defendant must inform the Court at such time as the stay can be lifted and must propose any necessary changes in the existing schedule. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/26/2018. (lcabj3) (Entered: 12/26/2018)
2019-01-2821NOTICE to the Court of Restoration of Appropriations by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (Pezzi, Stephen) (Entered: 01/28/2019)
2019-01-28MINUTE ORDER. The parties must submit a joint report with a revised schedule for further proceedings by February 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/28/2019. (lcabj3) (Entered: 01/28/2019)
2019-01-28MINUTE ORDER. In light of the resumption of government operations 21 , the stay in this case is hereby lifted. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/28/2019. (lcabj3) (Entered: 01/28/2019)
2019-01-3122Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 01/31/2019)
2019-01-31MINUTE ORDER. At the parties' request, NARA's January 20, 2019 processing deadline is extended to February 15, 2019. Otherwise the existing schedule entered in this case 19 remains the same and the parties must file a joint status report on March 29, 2019, informing the Court of the status of the efforts included in Phase I. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/31/2019. (lcabj3) (Entered: 01/31/2019)
2019-03-2923Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 03/29/2019)
2019-04-02MINUTE ORDER. At the parties' request, the Court adopts the following schedule: On or before April 30, 2019, NARA will process all Phase II emails, as agreed upon by the parties, containing the term "National Security Agency." The parties will meet and confer to discuss a further revised schedule for the processing of the remaining Phase II emails, and will submit any revised scheduling proposal to the Court no later than May 7, 2019. In the absence of any revised schedule, NARA will process the remaining Phase II emails at a rate of 1,000 per month, starting on May 7, 2019. The parties also agree that the Phase III schedule for the processing of textual records described in the Court's December 10, 2018 Order, shall remain in effect. See Order 19 . SO ORDERED. Signed by Judge Amy Berman Jackson on 04/02/2019. (lcabj3) (Entered: 04/02/2019)
2019-05-05Set/Reset Deadlines: The parties will meet and confer to discuss a further revised schedule for the processing of the remaining Phase II emails, and will submit any revised scheduling proposal to the Court no later than 5/7/2019. (jth) (Entered: 05/05/2019)
2019-09-0324NOTICE of Change of Address by Alan Jay Butler (Butler, Alan) (Entered: 09/03/2019)
2019-12-2025Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 12/20/2019)
2019-12-27MINUTE ORDER. In light of the parties' 25 joint status report, the parties must submit a joint status report or a stipulation of dismissal by February 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/27/2019. (lcabj3) (Entered: 12/27/2019)
2020-02-0426Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 02/04/2020)
2020-02-05MINUTE ORDER. In light of the parties' 26 joint status report, the parties are ordered to file either another status report or a stipulation of dismissal by March 6, 2020, if the case has not been dismissed by then. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/5/2020. (lcabj3) (Entered: 02/05/2020)
2020-03-0627Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 03/06/2020)
2020-03-09MINUTE ORDER. In light of the parties' 27 joint status report, the parties must file another joint status report or stipulation of dismissal by April 7, 2020, if the case has not been dismissed by that date. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/9/2020. (lcabj3) (Entered: 03/09/2020)
2020-03-09Set/Reset Deadlines: Joint status report due by 4/7/2020. (tg) (Entered: 03/09/2020)
2020-04-0728Joint STATUS REPORT by U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Pezzi, Stephen) (Entered: 04/07/2020)
2020-04-07MINUTE ORDER. In light of the parties' 28 joint status report, the parties must submit another status report or a stipulation of dismissal by April 30, 2020, if the case has not been dismissed by that date. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/7/2020. (lcabj3) (Entered: 04/07/2020)
2020-04-1729STIPULATION of Dismissal by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 04/17/2020)
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