Case: Electronic Frontier Foundation v. Department of Justice

1:07-cv-01732 | U.S. District Court for the District of Columbia

Filed Date: Sept. 27, 2007

Clearinghouse coding complete

Case Summary

On September 27, 2007, Electronic Frontier Foundation filed in the U.S. District Court for the District of Columbia against Department of Justice (DOJ) under the Freedom of Information Act (FOIA). The plaintiff alleged that the DOJ had wrongfully withheld the requested records from the plaintiff. According to the complaint, on February 6, 2006, there was widespread media reporting that the National Security Agency had secured the cooperation of large telecommunications companies in its efforts …

On September 27, 2007, Electronic Frontier Foundation filed in the U.S. District Court for the District of Columbia against Department of Justice (DOJ) under the Freedom of Information Act (FOIA). The plaintiff alleged that the DOJ had wrongfully withheld the requested records from the plaintiff.

According to the complaint, on February 6, 2006, there was widespread media reporting that the National Security Agency had secured the cooperation of large telecommunications companies in its efforts to eavesdrop without warrants on international calls by suspected terrorists.

On August 5, 2007, President Bush signed into law the Protect America Act of 2007, legislation that amended the Foreign Intelligence Surveillance Act (FISA) to expand the government's power to intercept overseas communications of Americans without warrants.

In reaction to FISA, on August 16, 2007, plaintiffs requested all records from December 2005 to August 16, 2007 concerning briefings, discussions, or other exchanges that Justice Department officials have had concerning with representatives of telecommunications companies, offices of members of the Senate or House of Representatives. By letter dated August 27, 2007, the DOJ Office of lnformation and Privacy acknowledged receipt of Plaintiffs FOIA requests and informed Plaintiff that its requests for expedited processing had been granted. However, DOJ has neither completed the processing of Plaintiffs requests, nor informed Plaintiff of an anticipated date for the completion of the processing of the requests.

The case was assigned to Judge Reggie Walton. On December 4, 2009, the parties reported that they were engaging in settlement discussions. On February 1, 2010, the plaintiff, with the concurrence of the defendant, voluntarily dismissed the case.

The case is closed.

Summary Authors

Ginny Lee (2/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4208096/parties/electronic-frontier-foundation-v-department-of-justice/


Judge(s)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Hofmann, Marcia (California)

Sobel, David L. (District of Columbia)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Judge(s)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Hofmann, Marcia (California)

Sobel, David L. (District of Columbia)

Attorneys(s) for Defendant

Berman, Marcia (District of Columbia)

Warden, Andrew Irwin (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Feb. 1, 2010 Docket
1

Complaint for Injunctive Relief

Sept. 27, 2007 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4208096/electronic-frontier-foundation-v-department-of-justice/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against DEPARTMENT OF JUSTICE ( Filing fee $ 350, receipt number 4616007205) filed by ELECTRONIC FRONTIER FOUNDATION. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 09/28/2007)

Sept. 27, 2007 RECAP
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELECTRONIC FRONTIER FOUNDATION (td, ) (Entered: 09/28/2007)

Sept. 27, 2007 RECAP
3

NOTICE of Appearance by Andrew I. Warden on behalf of DEPARTMENT OF JUSTICE (Warden, Andrew) (Entered: 10/29/2007)

Oct. 29, 2007 RECAP
4

ANSWER to Complaint by DEPARTMENT OF JUSTICE. Related document: 1 Complaint filed by ELECTRONIC FRONTIER FOUNDATION.(Warden, Andrew) (Entered: 10/29/2007)

Oct. 29, 2007 RECAP
5

GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt, ) (Entered: 11/10/2009)

Nov. 10, 2009
6

ORDER for Status Conference set for 12/10/2009 09:00 AM in Courtroom 16 before Judge Reggie B. Walton. (mpt, ) Modified on 12/4/2009 (TH, ). (Entered: 11/10/2009)

Nov. 10, 2009
7

NOTICE of Change of Address by David L. Sobel (Sobel, David) (Entered: 11/17/2009)

Nov. 17, 2009
8

NOTICE of Appearance by Marcia Berman on behalf of DEPARTMENT OF JUSTICE (Berman, Marcia) (Entered: 11/30/2009)

Nov. 30, 2009
9

Joint MOTION to Vacate 6 Scheduling Order by DEPARTMENT OF JUSTICE, ELECTRONIC FRONTIER FOUNDATION (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 12/03/2009)

Dec. 3, 2009

MINUTE ORDER granting in part and denying in part 9 Motion to Vacate. The Court having considered the parties' joint submission and it appearing that there is good cause to grant a continuance of what should have been termed as a status conference on December 10, 2009, at 9:00 a.m., will grant the parties a continuance of the status conference and deny their motion to vacate. It is further ORDERED that the parties shall submit a joint report apprising the Court of the status of their settlement discussions by January 19, 2010. Signed by Judge Reggie B. Walton on 12/04/09. (TH, ) (Entered: 12/04/2009)

Dec. 4, 2009
10

STATUS REPORT by ELECTRONIC FRONTIER FOUNDATION. (Hofmann, Marcia) (Entered: 01/19/2010)

Jan. 19, 2010
11

STIPULATION of Dismissal by ELECTRONIC FRONTIER FOUNDATION. (Hofmann, Marcia) (Entered: 02/01/2010)

Feb. 1, 2010

State / Territory: District of Columbia

Case Type(s):

National Security

Key Dates

Filing Date: Sept. 27, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff Electronic Frontier Foundation ("EFF") is a not-for-profit corporation that works to inform policymakers and the general public about civil liberties issues related to technology, and to act as a defender of those liberties.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Justice (Washington), Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Confidentiality

Records Disclosure

Type of Facility:

Government-run