Case: Electronic Privacy Information Center v. Department of Justice

1:13-cv-01961 | U.S. District Court for the District of Columbia

Filed Date: Dec. 9, 2013

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On December 9, 2013, the Electronic Privacy Information Center (“EPIC”), a public interest research institution focused on privacy, freedom of expression, and democratic values in the information age, filed suit in the United States District Court for the District of Columbia against the National Security Division of the U.S. Department of Justice (“DOJ”) under the Freedom of Information Act (FOIA) 5 U.S.C. § 552. The plaintiff sought the processing of its expedited FOIA request and the release…

On December 9, 2013, the Electronic Privacy Information Center (“EPIC”), a public interest research institution focused on privacy, freedom of expression, and democratic values in the information age, filed suit in the United States District Court for the District of Columbia against the National Security Division of the U.S. Department of Justice (“DOJ”) under the Freedom of Information Act (FOIA) 5 U.S.C. § 552. The plaintiff sought the processing of its expedited FOIA request and the release of the following:

  1. Semiannual reports to Congressional committees on use of pen registers and trap and trace (PRTT) devices for surveillance under the Foreign Intelligence Surveillance Act;
  2. All information the defendant had provided to these committees on this subject; and
  3. All records the defendant had used in preparing these reports and information.

The plaintiff alleged that it was lawfully entitled to these reports under 5 U.S.C. § 552(a)(3)(A) and that the defendant’s failure to process and respond to its request for these records violated the FOIA statutory deadline. Alongside its suit, the plaintiff also filed a motion for a preliminary injunction requiring the defendant to expedite the processing of its FOIA request and complete its processing within twenty days.

On February 11, 2014, Judge Ketanji Brown Jackson denied the plaintiff’s motion for preliminary injunction. Judge Jackson held that EPIC had failed to demonstrate that it would suffer irreparable harm if the DOJ was not ordered to produce the records immediately. Moreover, the Court noted that the classified nature of the documents weighed in favor of the DOJ. 15 F.Supp.3d 32.

On March 18, 2014, the defendant released to the plaintiff the first tranche of records relating to its FOIA request, twenty-five semiannual reports to Congressional committees on use of PRTT devices for surveillance. The defendant withheld portions of these documents for reasons of “national security” under 5 U.S.C. § 552(b)(1), “exemption by statute” under 5 U.S.C. § 552(b)(3), “unwarranted invasion of personal privacy” under 5 U.S.C. § 552(b)(6) and 5 U.S.C. § 552(b)(C), and “disclosure of law enforcement techniques and procedures” under 5 U.S.C. § 552(b)(7)(E).

On May 29, 2014 and August 6, 2014, the defendant released to the plaintiff the second and third tranches of records relating to its FOIA request, fifty-two documents used by the defendant to produce the semiannual reports to Congressional committees on use of PRTT devices for surveillance. The defendant, like it did in the first tranche of records, withheld portions of these documents for reasons of “national security,” “exemption by statute,” “unwarranted invasion of personal privacy,” and “disclosure of law enforcement techniques and procedures.”

On October 31, 2014, the defendant filed a motion for summary judgment and attached to it, as an exhibit, a Vaughn index that listed the 139 documents that the defendant had withheld in full or in part and specified for each document under which exemption(s) information had been withheld. The defendant noted that the plaintiff had agreed not to challenge its withholding in full of thirty-eight documents. It further argued that it had satisfied the plaintiff’s FOIA request because that the information it had withheld from the documents was exempt from disclosure under “national security,” “exemption by statute,” “unwarranted invasion of personal privacy,” and “disclosure of law enforcement techniques and procedure.”

On November 21, 2014, the plaintiff filed a cross motion for summary judgment. It did not challenge any of the defendant’s withholdings under “unwarranted invasion of personal privacy” and argued the following:

  1. The defendant had improperly redacted information from twenty-five semiannual reports under “national security” and “disclosure of law enforcement techniques and procedure”
  2. The defendant had failed to disclose “reasonably segregated portions” of discussions of documents it had withheld in full, including significant United States Foreign Intelligence Surveillance Court (FISC) legal interpretations, discussions of FISC jurisdiction and Foreign Intelligence Surveillance Act procedures, and statistics about the number of pen registers filed and U.S. persons targeted.

In December 2014, the defendant released the statistics about the number of pen registers filed and U.S. persons targeted, which it had previously, incorrectly redacted from three semiannual reports.

On February 4, 2016, Judge Jackson denied both the defendant’s motion for summary judgment and the plaintiff’s cross motion for summary judgment. The court noted that the number of documents whose exemption issues the parties contested had narrowed substantially since the motions were filed and held that the defendant had failed to establish with sufficient specificity its justifications for withholding information in the remaining contested documents. The court then ordered the defendant to file an updated Vaughn Index, listing the challenged withholdings in the remaining contested documents, and to submit unredacted revisions of these documents to the court for a private review. (2016 WL 447426).

On March 18, 2016, the defendant filed a revised Vaughn Index and submitted the contested documents to the court for private review. The defendant also released to the plaintiff previously withheld portions of seventy-three pages from five semiannual reports but redacted portions of these pages that it had previously released as unredacted in the first tranche of documents in March 2014.

On April 8, 2016, the defendant again filed a motion for summary judgment. The defendant argued that it had released all the non-exempt, reasonably segregable portions of the contested documents and that the information it had withheld from these documents was exempt from disclosure under “national security,” “exemption by statute,” and “disclosure of law enforcement techniques and procedure.”

On April 8, 2016, the plaintiff filed a motion for partial summary judgment. The plaintiff argued the following:

  1. The defendant had implicitly conceded in its most recent release of documents that certain redacted portions of the documents it initially released were not properly exempt and that certain redacted portions of the reprocessed pages were not properly exempt.
  2. The defendant had not provided evidence to show that the remaining disputed material was exempt.
  3. The court record contradicted many of the defendant’s claims about exemption, which was evidence of bad faith.

On November 7, 2017, Judge Jackson granted in part and denied in part the defendant’s motion for summary judgment, denied the plaintiff’s motion for summary judgment, and ordered the defendant to reprocess the contested parts of the semiannual reports one more time to address certain issues identified in his opinion. 296 F.Supp.3d 109.

On October 12, 2018, the parties filed a joint stipulation of dismissal due to a private settlement agreement between the parties. According to EPIC's website, as a result of this lawsuit the DOJ released hundreds of pages of materials related to the governments FISA applications and FISC proceedings. These materials include Semiannual Reports from the Attorney General concerning FISA authorities and related documents filed by the DOJ in the FISC. The released documents can be found here on EPIC's website.

This case is now closed.

Summary Authors

Chris Opila (2/6/2018)

Sichun Liu (3/16/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4212394/parties/electronic-privacy-information-center-v-department-of-justice/


Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Butler, Alan (District of Columbia)

McCall, Ginger P. (District of Columbia)

Rotenberg, Marc (District of Columbia)

Stepanovich, Amie L. (District of Columbia)

Attorneys(s) for Defendant

Anderson, Caroline J (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Patton, Rodney (District of Columbia)

Voltaire, Jean-Michel (District of Columbia)

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Butler, Alan (District of Columbia)

McCall, Ginger P. (District of Columbia)

Rotenberg, Marc (District of Columbia)

Stepanovich, Amie L. (District of Columbia)

Attorneys(s) for Defendant

Anderson, Caroline J (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Patton, Rodney (District of Columbia)

Voltaire, Jean-Michel (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 12, 2018 Docket
1

Complaint for Injunctive Relief

Dec. 9, 2013 Complaint
15

Memorandum Opinion

Feb. 11, 2014 Order/Opinion
32

Memorandum Opinion and Order Denying Cross Motions for Summary Judgment Without Prejudice and Requiring Supplemental Submissions

Feb. 4, 2016 Order/Opinion
46

Memorandum Opinion

296 F.Supp.3d 109, 2017 WL 5176309

Nov. 7, 2017 Order/Opinion

Resources

Title Description External URL

Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives

Margo Schlanger

Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden documents, the FOIA-driven ODNI declassifications, the FISA Court’s nifty new on-line docket, a… June 26, 2014 http://justsecurity.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4212394/electronic-privacy-information-center-v-department-of-justice/

Last updated May 20, 2022, 4:03 a.m.

ECF Number Description Date Link

Case Assigned/Reassigned

Dec. 9, 2013 PACER
1

COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-3559629) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons U.S. Attorney, # 4 Summons Department of Justice)(Stepanovich, Amie) (Entered: 12/09/2013)

1 Civil Cover Sheet

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2 Summons Attorney General

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3 Summons U.S. Attorney

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4 Summons Department of Justice

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Dec. 9, 2013 RECAP
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC PRIVACY INFORMATION CENTER (Stepanovich, Amie) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
3

MOTION for Preliminary Injunction by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Text of Proposed Order)(Stepanovich, Amie) (Entered: 12/09/2013)

1 Memorandum in Support

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2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Text of Proposed Order

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Dec. 9, 2013 PACER

Case Assigned to Judge Ketanji Brown Jackson. (zmd, )

Dec. 9, 2013 PACER
4

ELECTRONIC SUMMONS (3) ISSUED as to DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 12/11/2013)

Dec. 11, 2013 PACER
5

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/20/2013. Answer due for ALL FEDERAL DEFENDANTS by 1/19/2014. (Attachments: # 1 Affidavit Affidavit of Service - DC Attorney, # 2 Affidavit Affidavit of Service - U.S. Attorney General, # 3 Affidavit Affidavit of Service - Department of Justice, # 4 Exhibit Receipt for Certified Mail - DC Attorney, # 5 Exhibit Receipt for Certified Mail - U.S. Attorney General, # 6 Exhibit Receipt for Certified Mail - Department of Justice)(Stepanovich, Amie) (Entered: 01/02/2014)

1 Affidavit Affidavit of Service - DC Attorney

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2 Affidavit Affidavit of Service - U.S. Attorney General

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3 Affidavit Affidavit of Service - Department of Justice

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4 Exhibit Receipt for Certified Mail - DC Attorney

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5 Exhibit Receipt for Certified Mail - U.S. Attorney General

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6 Exhibit Receipt for Certified Mail - Department of Justice

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Jan. 2, 2014 RECAP

Order on Motion for Extension of Time to File Response/Reply

Jan. 3, 2014 PACER
6

MOTION for Extension of Time to File Response/Reply as to 3 MOTION for Preliminary Injunction by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 01/03/2014)

Jan. 3, 2014 PACER

MINUTE ORDER granting, for good cause shown, 6 Motion for Extension of Time to File Response re 3 MOTION for Preliminary Injunction . It is hereby ORDERED that defendant shall respond to plaintiff's motion by January 10, 2014. It is FURTHER ORDERED that the parties and Court will convene by teleconference at 2:30 PM on January 7, 2014, to discuss scheduling, potential consolidation, and further proceedings in this matter. The parties shall coordinate a conference line and call Chambers at the appointed time. Signed by Judge Ketanji Brown Jackson on 1/3/2014. (lckbj1)

Jan. 3, 2014 PACER
7

NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 01/03/2014)

Jan. 3, 2014 RECAP

NOTICE OF ERROR re 7 Notice of Appearance; emailed to rotenberg@epic.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature (jf, )

Jan. 6, 2014 PACER

Notice of QC

Jan. 6, 2014 PACER
8

NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 01/06/2014)

Jan. 6, 2014 PACER

MINUTE ENTRY: Teleconference held with parties regarding scheduling, consolidation, and procedures for moving case forward. Signed by Judge Ketanji Brown Jackson on 1/7/2014. (lckbj1)

Jan. 7, 2014 PACER

Order

Jan. 7, 2014 PACER

MINUTE ORDER setting Motion Hearing on 3 MOTION for Preliminary Injunction for 1/24/2014 at 11:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. The deadline set in the Court's January 3, 2014, Minute Order for Defendant to file its Opposition to 3 MOTION for Preliminary Injunction is unchanged. Plaintiff shall file its Reply in Support of 3 MOTION for Preliminary Injunction, if any, by 1/17/2014. Signed by Judge Ketanji Brown Jackson on 1/7/2014. (lckbj1) Modified on 1/16/2014 to correct motion hearing date (jf, ).

Jan. 7, 2014 PACER
9

Memorandum in opposition to re 3 MOTION for Preliminary Injunction filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit 1 Declaration of Mark A. Bradley, # 2 Exhibit 2 Order Granting, in Part, Expedited Relief for the Government in EPIC v. Dep't of Justice, No. 06cv96-HHK (D.D.C.), # 3 Exhibit 3 Order Denying Preliminary Injunction in EPIC v. Dep't of Justice, No. 03cv2078-JR (D.D.C.), # 4 Exhibit 4 Order Denying Preliminary Injunction in Judicial Watch v. Dep't of Justice, No. 00cv1396-JR (D.D.C.), # 5 Text of Proposed Order)(Bressler, Steven) (Entered: 01/10/2014)

1 Exhibit 1 Declaration of Mark A. Bradley

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2 Exhibit 2 Order Granting, in Part, Expedited Relief for the Government in EPIC v

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3 Exhibit 3 Order Denying Preliminary Injunction in EPIC v. Dep't of Justice,

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4 Exhibit 4 Order Denying Preliminary Injunction in Judicial Watch v. Dep't o

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5 Text of Proposed Order

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Jan. 10, 2014 RECAP
10

NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 01/16/2014)

Jan. 16, 2014 PACER
11

REPLY to opposition to motion re 3 MOTION for Preliminary Injunction filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 01/17/2014)

Jan. 17, 2014 RECAP
12

ANSWER to Complaint by DEPARTMENT OF JUSTICE.(Bressler, Steven) (Entered: 01/22/2014)

Jan. 22, 2014 PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 1/24/2014. Oral Argument heard re 3 MOTION for Preliminary Injunction and Taken Under Advisement. (Court Reporter Lisa Griffith) (gdf)

Jan. 24, 2014 PACER

Motion Hearing

Jan. 24, 2014 PACER
13

NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Amie L. Stepanovich terminated. (Stepanovich, Amie) (Entered: 02/03/2014)

Feb. 3, 2014 PACER
14

ORDER denying 3 Motion for Preliminary Injunction and requiring parties to file a joint status report on the status of defendant's response to plaintiff's FOIA request by March 7, 2014. Signed by Judge Ketanji Brown Jackson on 2/11/2014. (lckbj1) (Entered: 02/11/2014)

Feb. 11, 2014 RECAP
15

MEMORANDUM OPINION denying 3 Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Ketanji Brown Jackson on 2/11/2014. (lckbj1) (Entered: 02/11/2014)

Feb. 11, 2014 RECAP
16

STATUS REPORT (Joint Status Report of the Parties) by DEPARTMENT OF JUSTICE. (Bressler, Steven) (Entered: 03/07/2014)

March 7, 2014 RECAP

MINUTE ORDER. Upon consideration of the representations made in the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on the status of defendant's response to plaintiff's FOIA request by March 28, 2014. Signed by Judge Ketanji Brown Jackson on 3/10/2014. (lckbj1)

March 10, 2014 PACER

Order

March 10, 2014 PACER
17

STATUS REPORT Joint Status Report of the Parties by DEPARTMENT OF JUSTICE. (Bressler, Steven) (Entered: 03/28/2014)

March 28, 2014 RECAP

MINUTE ORDER. Based on the representations made in the parties 17 Joint Status Report, it is hereby ORDERED that the parties file a further StatusReport informing the Court of the status of defendants response to plaintiffs FOIA request and proposing dates for further proceedings, as appropriate, by 8/12/2014. Signed by Judge Ketanji Brown Jackson on 3/31/2014. (lckbj1)

March 31, 2014 PACER

Order

March 31, 2014 PACER
18

NOTICE of Appearance by Ginger P. McCall on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (McCall, Ginger) (Entered: 04/09/2014)

April 9, 2014 PACER
19

STATUS REPORT (Interim) by DEPARTMENT OF JUSTICE. (Bressler, Steven) (Entered: 07/28/2014)

July 28, 2014 RECAP
20

STATUS REPORT (Joint) and Proposed Schedule by DEPARTMENT OF JUSTICE. (Bressler, Steven) (Entered: 08/08/2014)

Aug. 8, 2014 RECAP

MINUTE ORDER setting briefing schedule for cross-motions for summary judgment. Defendant's Summary Judgment motion is due by 10/17/2014. Plaintiff's consolidated Opposition and Cross-Motion for Summary Judgment is due by 11/14/2014. Defendant's consolidated Reply and Opposition to the Cross-Motion for Summary Judgment is due by 12/5/2014. Plaintiff's Reply is due by 12/19/2014. Signed by Judge Ketanji Brown Jackson on 08/18/2014. (lckbj1)

Aug. 18, 2014 PACER

Order

Aug. 18, 2014 PACER
21

Consent MOTION for Extension of Time to file Motion for Summary Judgment, and Proposed Modified Briefing Schedule by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Bressler, Steven) (Entered: 10/14/2014)

Oct. 14, 2014 PACER

MINUTE ORDER granting, for good cause shown Defendant's 21 Consent Motion for Extension of Time. The briefing schedule in this matter is modified as follows: Defendant's Summary Judgment motion is due by 10/31/2014. Plaintiff's consolidated Opposition and Cross-Motion for Summary Judgment is due by 11/21/2014. Defendant's consolidated Reply and Opposition to the Cross-Motion for Summary Judgment is due by 12/11/2014. Plaintiff's Reply is due by 12/19/2014. Signed by Judge Ketanji Brown Jackson on 10/15/2014. (lckbj1)

Oct. 15, 2014 PACER

Order on Motion for Extension of Time to

Oct. 15, 2014 PACER
22

MOTION for Summary Judgment by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Index of Exhibits, # 3 Exhibit I. Declaration of Mark A. Bradley & Exhibit A thereto (Vaughn Index), # 4 Exhibit II. [Notice Regarding Submission of] Classified Declaration of David M. Hardy, # 5 Exhibit III. Public (Redacted) Declaration of David M. Hardy, # 6 Exhibit IV. Declaration of Alan J. Sherman, # 7 Exhibit V. Declaration of Martha M. Lutz, # 8 Statement of Facts, # 9 Text of Proposed Order)(Bressler, Steven) (Entered: 10/31/2014)

1 Memorandum in Support

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2 Index of Exhibits

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3 Exhibit I. Declaration of Mark A. Bradley & Exhibit A thereto (Vaughn Index)

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4 Exhibit II. [Notice Regarding Submission of] Classified Declaration of David M.

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5 Exhibit III. Public (Redacted) Declaration of David M. Hardy

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6 Exhibit IV. Declaration of Alan J. Sherman

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7 Exhibit V. Declaration of Martha M. Lutz

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8 Statement of Facts

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9 Text of Proposed Order

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Oct. 31, 2014 PACER
23

ERRATA by DEPARTMENT OF JUSTICE 22 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Declaration of David M. Hardy (Unclassified))(Bressler, Steven) (Entered: 11/05/2014)

1 Declaration of David M. Hardy (Unclassified)

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Nov. 5, 2014 PACER
24

NOTICE of Filing Supplemental Declaration of David M. Hardy by DEPARTMENT OF JUSTICE re 22 MOTION for Summary Judgment (Attachments: # 1 Declaration (Second) of David M. Hardy)(Bressler, Steven) (Entered: 11/07/2014)

Nov. 7, 2014 PACER
25

Cross MOTION for Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Statement of Facts, # 4 Text of Proposed Order)(Butler, Alan) (Entered: 11/21/2014)

1 Memorandum in Support

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2 Exhibit 1

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3 Statement of Facts

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4 Text of Proposed Order

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Nov. 21, 2014 PACER
26

Memorandum in opposition to re 22 MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Statement of Facts, # 4 Text of Proposed Order)(Butler, Alan) (Entered: 11/21/2014)

1 Memorandum in Support

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2 Exhibit 1

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3 Statement of Facts

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4 Text of Proposed Order

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Nov. 21, 2014 PACER
27

Memorandum in opposition to re 25 Cross MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Index of Exhibits, # 2 Exhibit I. 3d Declaration of Mark Bradley, # 3 Exhibit to 3d Bradley Declaration (Part 1 of 3), # 4 Exhibit to 3d Bradley Declaration (Part 2 of 3), # 5 Exhibit to 3d Bradley Declaration (Part 3 of 3), # 6 Exhibit II. (Notice Regarding) Classified Third Declaration of David M. Hardy, # 7 Exhibit III. Unclassified Third Declaration of David M. Hardy, # 8 Statement of Facts)(Bressler, Steven) (Entered: 12/11/2014)

Dec. 11, 2014 PACER
28

REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by DEPARTMENT OF JUSTICE. (Bressler, Steven) (Entered: 12/11/2014)

Dec. 11, 2014 PACER
29

NOTICE That the Attachments to Defendant's Reply Memorandum in Further Support of its Motion for Summary Judgment may be found at Docket Entry 27 (ECF Nos. 27-1 through 27-8) by DEPARTMENT OF JUSTICE re 28 Reply to opposition to Motion (Bressler, Steven) (Entered: 12/12/2014)

Dec. 12, 2014 PACER
30

REPLY to opposition to motion re 25 Cross MOTION for Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Statement of Facts)(Butler, Alan) (Entered: 12/19/2014)

1 Statement of Facts

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Dec. 19, 2014 PACER
31

NOTICE OF WITHDRAWAL OF APPEARANCE as to ELECTRONIC PRIVACY INFORMATION CENTER. Attorney Ginger P. McCall terminated. (McCall, Ginger) (Entered: 05/19/2015)

May 19, 2015 PACER

MINUTE ORDER Setting Hearing on 22 Motion for Summary Judgment and 25 Cross Motion for Summary Judgment for 1/21/2016 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 12/7/2015. (lckbj1)

Dec. 7, 2015 PACER

Order Setting Hearing on Motion

Dec. 7, 2015 PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Motion Hearing held on 1/21/2016, re 25 Cross MOTION for Summary Judgment and 22 MOTION for Summary Judgment. Oral argument heard and Motions taken under advisement. (Court Reporter Barbara DeVico) (gdf)

Jan. 21, 2016 PACER

Motion Hearing

Jan. 21, 2016 PACER
32

MEMORANDUM OPINION AND ORDER denying DOJs 22 Motion for Summary Judgment and EPICs 25 Cross-Motion for Summary Judgment without prejudice; requiring DOJ to submit a revised Vaughn Index and supporting declarations by 3/11/2016, and setting a briefing schedule for renewed motions for summary judgment. Motions for Summary Judgment are due by 4/8/2016. Responses to Motions for Summary Judgment are due by 5/6/2016. Replies re Motions for Summary Judgment are due by 5/27/2016. Signed by Judge Ketanji Brown Jackson on 02/04/2016. (lckbj1) (Entered: 02/04/2016)

Feb. 4, 2016 RECAP
33

Unopposed MOTION for Extension of Time to Provide Supplemental Vaughn Index, Declarations, and In Camera Submissions by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Anderson, Caroline) (Entered: 03/08/2016)

March 8, 2016 PACER

MINUTE ORDER granting, for good cause shown, 33 Unopposed Motion for Extension of Time to Provide Supplemental Vaughn Index, Declarations, and In Camera Submissions. It is hereby ORDERED that the deadline for DOJ to submit the materials required by this Court's 32 Memorandum Opinion and Order is extended to 3/18/2016. Signed by Judge Ketanji Brown Jackson on 03/09/2016. (lckbj1)

March 9, 2016 PACER

Order on Motion for Extension of Time to

March 9, 2016 PACER
34

NOTICE of Lodging of Documents for In Camera Review with the Classified Information Officer by DEPARTMENT OF JUSTICE (Anderson, Caroline) (Entered: 03/18/2016)

March 18, 2016 RECAP
35

NOTICE of Filing of Revised Vaughn Index and Supplemental Declarations by DEPARTMENT OF JUSTICE (Attachments: # 1 Unclassified Declaration (Fourth) of David Hardy, # 2 Unclassified Declaration (Second) of David Sherman)(Anderson, Caroline) (Entered: 03/18/2016)

1 Unclassified Declaration (Fourth) of David Hardy

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2 Unclassified Declaration (Second) of David Sherman

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March 18, 2016 PACER
36

MOTION for Summary Judgment and accompanying Memorandum of Points and Authorities by DEPARTMENT OF JUSTICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Anderson, Caroline) (Entered: 04/08/2016)

April 8, 2016 PACER
37

MOTION for Partial Summary Judgment by ELECTRONIC PRIVACY INFORMATION CENTER (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Index of Exhibits, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Text of Proposed Order)(Butler, Alan) (Entered: 04/08/2016)

April 8, 2016 PACER
38

Memorandum in opposition to re 37 MOTION for Partial Summary Judgment filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement of Facts, # 2 Exhibit Exhibit 1)(Anderson, Caroline) (Entered: 05/06/2016)

May 6, 2016 PACER
39

Memorandum in opposition to re 36 MOTION for Summary Judgment and accompanying Memorandum of Points and Authorities filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Statement of Facts)(Butler, Alan) (Entered: 05/06/2016)

1 Statement of Facts

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May 6, 2016 RECAP
40

Consent MOTION for Extension of Time to File Reply Briefs by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Anderson, Caroline) (Entered: 05/18/2016)

May 18, 2016 PACER

MINUTE ORDER granting 40 Motion for Extension of Time to File Reply Briefs. Is is hereby ORDERED that Defendant shall provide a status report to the Court detailing whether or not the Government has decided to declassify additional material within the remaining challenged withholdings by June 21, 2016. That status report shall also specify the amount of time the parties request to file their respective reply briefs in support of their motions for summary judgment. Signed by Judge Ketanji Brown Jackson on 05/19/2016. (lckbj1)

May 19, 2016 PACER

Order on Motion for Extension of Time to

May 19, 2016 PACER
41

STATUS REPORT by DEPARTMENT OF JUSTICE. (Anderson, Caroline) (Entered: 06/21/2016)

June 21, 2016 PACER

MINUTE ORDER. Based on the representations in the parties' 41 Status Report, it is hereby ORDERED that the parties shall file their reply briefs in further support of their motions for summary judgment on or before 7/20/2016. Signed by Judge Ketanji Brown Jackson on 06/24/2016. (lckbj1)

June 24, 2016 PACER

Order

June 24, 2016 PACER

Set/Reset Deadlines: Replies due by 7/20/2016. (tj)

July 1, 2016 PACER

Set/Reset Deadlines

July 1, 2016 PACER
42

REPLY to opposition to motion re 36 MOTION for Summary Judgment and accompanying Memorandum of Points and Authorities filed by DEPARTMENT OF JUSTICE. (Anderson, Caroline) (Entered: 07/20/2016)

July 20, 2016 PACER
43

REPLY to opposition to motion re 37 MOTION for Partial Summary Judgment filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Butler, Alan) (Entered: 07/20/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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July 20, 2016 RECAP
44

NOTICE of Appearance by Rodney Patton on behalf of DEPARTMENT OF JUSTICE (Patton, Rodney) (Entered: 08/12/2016)

Aug. 12, 2016 PACER
45

ORDER GRANTING IN PART AND DENYING IN PART DOJs 26 Motion for Summary Judgment, and DENYING without prejudice EPICs 37 Renewed Motion for Summary Judgment. Memorandum Opinion to be issued shortly, absent unforeseen circumstances. Signed by Judge Ketanji Brown Jackson on 09/30/2017. (lckbj1) (Entered: 09/30/2017)

Sept. 30, 2017 PACER
46

MEMORANDUM OPINION GRANTING in part and DENYING in part DOJs 26 Motion for Summary Judgment, DENYING without prejudice EPICs 37 Renewed Motion for Summary Judgment, and requiring supplemental submissions. Signed by Judge Ketanji Brown Jackson on 11/7/2017. (lckbj1) (Entered: 11/07/2017)

Nov. 7, 2017 RECAP
47

ORDER requiring DOJ to submit, on or before 12/9/2017, one or more declarations that explain with specificity the grounds for each partial or complete withholding that the Court has identified in Section III.D of the 46 Memorandum Opinion, as well as the reasons why any non-exempt material within these redactions cannot reasonably be segregated from the exempt material, and setting summary judgment briefing schedule as follows: renewed motions for summary judgment with respect to the withholdings specifically addressed in Section III.D of the 46 Memorandum Opinion shall be filed on or before 1/12/2018; the briefs in opposition to such motions for summary judgment shall be filed on or before 2/9/2018; and reply briefs shall be filed on or before 3/2/2018. Signed by Judge Ketanji Brown Jackson on 11/7/2017. (lckbj1) (Entered: 11/07/2017)

Nov. 7, 2017 PACER
48

NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF JUSTICE. Attorney Steven Y. Bressler terminated. (Patton, Rodney) (Entered: 11/09/2017)

Nov. 9, 2017 PACER
49

Unopposed MOTION for Extension of Time to Respond to Court's Order by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 12/07/2017)

Dec. 7, 2017 PACER

Order on Motion for Extension of Time to

Dec. 7, 2017 PACER

MINUTE ORDER granting 49 Motion for Extension of Time to Respond to Court's Order. It is hereby ORDERED that Defendant shall file any supplemental declarations on or before 12/21/2017. Signed by Judge Ketanji Brown Jackson on 127/2017. (lckbj1)

Dec. 7, 2017 PACER
50

RESPONSE TO ORDER OF THE COURT re 47 Order,,,, Set Deadlines,,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Patton, Rodney) (Entered: 12/21/2017)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

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4 Exhibit

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5 Exhibit

View on PACER

Dec. 21, 2017 PACER
51

Joint MOTION to Vacate Briefing Schedule and to Set a Deadline for Filing a Joint Status Report by DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 01/11/2018)

Jan. 11, 2018 RECAP

Order on Motion to Vacate

Jan. 11, 2018 PACER

MINUTE ORDER granting 51 Motion to Vacate Briefing Schedule. It is hereby ORDERED that the summary judgment briefing schedule in this matter is VACATED and that the parties shall file a joint status report on or before 2/26/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/11/2018. (lckbj1, )

Jan. 11, 2018 PACER
52

Joint STATUS REPORT by DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Patton, Rodney) (Entered: 02/26/2018)

Feb. 26, 2018 PACER

MINUTE ORDER. In light of the representations in the parties' 52 Joint Status Report, it is hereby ORDERED that the parties shall file a further status report on or before 4/25/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 02/27/2018. (lckbj1)

Feb. 27, 2018 PACER

Order

Feb. 27, 2018 PACER
53

NOTICE OF SUBSTITUTION OF COUNSEL by Jean-Michel Voltaire on behalf of DEPARTMENT OF JUSTICE Substituting for attorney Rodney Patton (Voltaire, Jean-Michel) (Entered: 04/11/2018)

April 11, 2018 PACER
54

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 04/25/2018)

April 25, 2018 PACER

MINUTE ORDER. In light of the representations on the parties' 54 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 6/8/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 04/26/2018. (lckbj1)

April 26, 2018 PACER

Order

April 26, 2018 PACER
55

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 06/08/2018)

June 8, 2018 PACER

Order

June 11, 2018 PACER

MINUTE ORDER. Based on the representations in the parties' 55 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 7/23/2018. Signed by Judge Ketanji Brown Jackson on 6/11/2018. (lckbj1)

June 11, 2018 PACER
56

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Butler, Alan) (Entered: 07/18/2018)

July 18, 2018 PACER

MINUTE ORDER. In light of the representations in the parties' 56 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 9/10/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/22/2018. (lckbj1)

July 22, 2018 PACER

MINUTE ORDER. Where only attorneys' fees remain at issue in a FOIA case, it is the practice of this Court to close the case administratively while it awaits notice from the parties regarding settlement of the attorneys' fee or or a joint proposed schedule for briefing this remaining dispute. Accordingly, it is hereby ORDERED that this matter be ADMINISTRATIVELY CLOSED ORDER. Signed by Judge Ketanji Brown Jackson on 08/30/3018. (lckbj1)

Aug. 30, 2018 PACER
57

STIPULATION of Dismissal by DEPARTMENT OF JUSTICE. (Voltaire, Jean-Michel) (Entered: 10/12/2018)

Oct. 12, 2018 PACER

State / Territory: District of Columbia

Case Type(s):

National Security

Key Dates

Filing Date: Dec. 9, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Privacy Information Center, a public interest research institution focused on privacy, freedom of expression, and democratic values in the information age

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice (Washington D.C., District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief denied

Issues

General:

Records Disclosure