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Case TitleELECTRONIC FRONTIER FOUNDATION v. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00760
Date Filed2014-05-01
Date Closed2015-10-30
JudgeJudge Rosemary M. Collyer
PlaintiffELECTRONIC FRONTIER FOUNDATION
Case DescriptionThe Electronic Frontier Foundation submitted four FOIA requests to the Justice Department for opinions of the Foreign Intelligence Surveillance Court. EFF also requested expedited processing and a fee waiver. The agency granted expedited processing for all four requests, but after no documents were disclosed, EFF filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantDEPARTMENT OF JUSTICE
AppealD.C. Circuit 15-5346
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-011COMPLAINT for Injuncitve Relief against All Defendants DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3702791) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Dept. of Justice, # 4 Summons US Attorneys Office)(Sobel, David) (Entered: 05/01/2014)
2014-05-012NOTICE OF RELATED CASE by ELECTRONIC FRONTIER FOUNDATION. Case related to Case No. 12-cv-1441. (Sobel, David) (Entered: 05/01/2014)
2014-05-013LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 05/01/2014)
2014-05-01Case Assigned to Judge Amy Berman Jackson. (sth, ) (Entered: 05/01/2014)
2014-05-014SUMMONS (3) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 05/01/2014)
2014-06-025ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Coleman Snead, Jacqueline) (Entered: 06/02/2014)
2014-06-026RESPONSE re 2 Notice of Related Case and Objection to Designation filed by DEPARTMENT OF JUSTICE. (Coleman Snead, Jacqueline) (Entered: 06/02/2014)
2014-06-047Case randomly reassigned to Judge Rosemary M. Collyer, as case is not related to 12cv1441. Judge Amy Berman Jackson no longer assigned to the case. (gt, ) (Entered: 06/04/2014)
2014-08-018MOTION for Preliminary Injunction by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Declaration of David Sobel, # 3 Exhibit #1 to Decl. of David Sobel, # 4 Exhibit #2 to Decl. of David Sobel, # 5 Exhibit #3 to Decl. of David Sobel, # 6 Exhibit #4 to Decl. of David Sobel, # 7 Exhibit #5 to Decl. of David Sobel, # 8 Exhibit #6 to Decl. of David Sobel, # 9 Exhibit #7 to Decl. of David Sobel, # 10 Text of Proposed Order)(Sobel, David) (Entered: 08/01/2014)
2014-08-089Memorandum in opposition to re 8 MOTION for Preliminary Injunction filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Coleman Snead, Jacqueline) (Entered: 08/08/2014)
2014-08-12Set/Reset Deadlines/Hearings: Preliminary Injunction Hearing set for 9/3/2014 at 2:00 PM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 08/12/2014)
2014-08-1410REPLY to opposition to motion re 8 MOTION for Preliminary Injunction filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A)(Sobel, David) (Entered: 08/14/2014)
2014-09-03Minute Entry for proceedings held before Judge Rosemary M. Collyer: Preliminary Injunction Hearing held on 9/3/2014. Motion 8 for Preliminary Injunction, heard and taken under advisement. Status Conference set for 11/5/2014 at 12:15 PM in Courtroom 8 before Judge Rosemary M. Collyer. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 09/04/2014)
2014-09-05MINUTE ORDER. At the hearing on September 3, 2014, Plaintiff withdrew its request for a preliminary injunction and requested a firm schedule for agency determinations on its FOIA requests. Plaintiff's motion for preliminary injunction 8 is thus denied as moot. The Court GRANTS Plaintiff's motion to set a schedule. DOJ shall issue a partial determination on the 8/23/13 and 2/24/14 FOIA Requests by September 5, 2014, and shall forthwith produce records, if production is applicable. DOJ shall make a final determination on the 8/23/13 and 2/24/14 FOIA Requests by November 3, 2014, and shall produce records, if production is applicable. DOJ shall issue rolling responses on the 10/31/13 and 3/14/14 FOIA Requests on December 8, 2014; January 26, 2015; and March 2, 2015, whereby it issues a determination and produces records, if production is applicable and so long as doing so would not release an incomplete document. Each of DOJ's rolling responses shall be as to one-third of the requested pages. A status conference is scheduled for November 5, 2014 at 12:15 p.m. in Courtroom 8. Signed by Judge Rosemary M. Collyer on 9/5/2014. (KD) (Entered: 09/05/2014)
2014-09-1011NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 09/10/2014)
2014-11-05MINUTE ORDER setting a status conference on February 9, 2015 at 10:45 a.m. Signed by Judge Rosemary M. Collyer on 11/5/2014. (KD) (Entered: 11/05/2014)
2014-11-05Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 11/5/2014. (Court Reporter Crystal Pilgrim.) (cdw) (Entered: 11/06/2014)
2014-12-0512Consent MOTION for Extension of Time to Provide Interim, Partial FOIA Response by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 12/05/2014)
2014-12-08MINUTE ORDER granting 12 Defendant's consent Motion for Extension of Time. By Decmber 15, 2014, the Government shall provide its next interim response to FOIA Requests dated 10/31/13 and 3/14/14. Signed by Judge Rosemary M. Collyer on 12/8/2014. (KD) (Entered: 12/08/2014)
2014-12-08Set/Reset Deadlines/Hearings: Interim response to FOIA Requests dated 10/31/13 and 3/14/14 due by 12/15/2014. (cdw) (Entered: 12/09/2014)
2015-02-04Set/Reset Deadlines/Hearings: Status Conference reset for 2/12/2015 at 11:00 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 02/04/2015)
2015-02-12Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 2/12/2015. (Court Reporter: Crystal Pilgrim) (cdw) (Entered: 02/12/2015)
2015-02-12MINUTE ORDER setting status conference on March 16, 2015 at 10:15 a.m. in Courtroom 8. The parties shall file a joint proposed dispositive motion briefing schedule no later than March 12, 2015. Signed by Judge Rosemary M. Collyer on 2/12/2015. (KD) (Entered: 02/12/2015)
2015-02-12Set/Reset Deadlines/Hearings: Joint proposed dispositive motion briefing schedule due by 3/12/2015. Status Conference set for 3/16/2015 at 10:15 AM in Courtroom 8 before Judge Rosemary M. Collyer. (cdw) (Entered: 02/13/2015)
2015-03-0413MOTION for Extension of Time to Complete FOIA Processing by DEPARTMENT OF JUSTICE (Coleman Snead, Jacqueline) (Entered: 03/04/2015)
2015-03-10MINUTE ORDER granting 13 Defendant's Motion for Extension of Time nunc pro tunc to March 2, 2015. Defendant shall complete the processing of Plaintiff's March 14, 2014 FOIA request by March 6, 2015. Signed by Judge Rosemary M. Collyer on 3/10/2015. (KD) (Entered: 03/10/2015)
2015-03-1214NOTICE - Joint Proposed Dispositive Motion Briefing Schedule by ELECTRONIC FRONTIER FOUNDATION (Sobel, David) (Entered: 03/12/2015)
2015-03-16MINUTE ORDER setting briefing schedule. Defendant's motion for summary judgment is due May 1, 2015; Plaintiff's opposition/cross motion is due June 1, 2015; Defendant's reply/opposition is due July 1, 2015; Plaintiff's reply is due July 15, 2015. Signed by Judge Rosemary M. Collyer on 3/16/2015. (KD) (Entered: 03/16/2015)
2015-03-16Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 3/16/2015. (Court Reporter Crystal Pilgrim) (cdw) (Entered: 03/16/2015)
2015-03-16Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/1/2015. Response to Motion for Summary Judgment due by 6/1/2015. Reply to Motion for Summary Judgment due by 7/1/2015. Plaintiff's Cross Motion due by 6/1/2015. Response to Cross Motion due by 7/1/2015. Reply to Cross Motion due by 7/15/2015. (cdw) (Entered: 03/16/2015)
2015-05-0115MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statment of Undisputed Facts, # 3 Declaration Susan Kim, # 4 Declaration David Sherman, # 5 Declaration David Hardy, # 6 Notice of Classified Filing)(Coleman Snead, Jacqueline) Modified on 5/4/2015 (rdj). (Entered: 05/01/2015)
2015-06-0116Memorandum in opposition to re 15 MOTION for Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 06/01/2015)
2015-06-0117Cross MOTION for Partial Summary Judgment by ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Statement of Facts, # 4 Text of Proposed Order)(Sobel, David) (Entered: 06/01/2015)
2015-07-0118REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Notice of Classified Filing)(Coleman Snead, Jacqueline) (Entered: 07/01/2015)
2015-07-0119Memorandum in opposition to re 17 Cross MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Counterstatement of Facts, # 2 Notice of Classified Filing)(Coleman Snead, Jacqueline) (Entered: 07/01/2015)
2015-07-1520REPLY to opposition to motion re 17 Cross MOTION for Partial Summary Judgment filed by ELECTRONIC FRONTIER FOUNDATION. (Sobel, David) (Entered: 07/15/2015)
2015-08-2121NOTICE of Appearance by Rodney Patton on behalf of DEPARTMENT OF JUSTICE (Patton, Rodney) (Entered: 08/21/2015)
2015-10-3022MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 10/30/2015. (KD) (Entered: 10/30/2015)
2015-10-3023ORDER granting 15 Defendant's Motion for Summary Judgment; denying 17 Plaintiff's Motion for Partial Summary Judgment; Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 10/30/2015. (KD) (Entered: 10/30/2015)
2015-12-2424NOTICE OF APPEAL TO DC CIRCUIT COURT as to 23 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,, 22 Memorandum & Opinion by ELECTRONIC FRONTIER FOUNDATION. Filing fee $ 505, receipt number 0090-4360913. Fee Status: Fee Paid. Parties have been notified. (Sobel, David) (Entered: 12/24/2015)
2015-12-2825Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 24 Notice of Appeal to DC Circuit Court. (zrdj) (Entered: 12/28/2015)
2015-12-30USCA Case Number 15-5346 for 24 Notice of Appeal to DC Circuit Court, filed by ELECTRONIC FRONTIER FOUNDATION. (zrdj) (Entered: 12/30/2015)
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