Civil Rights Litigation Clearinghouse

Case: Electronic Privacy Information Center v. U.S. Department of Homeland Security

1:18-cv-00545 | U.S. District Court for the District of Columbia

Filed Date: March 8, 2018

Closed Date: May 12, 2020

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Case Summary

On March 8, 2018 the Electronic Privacy Information Center (EPIC) filed a complaint against the Department of Homeland Security in the U.S. District Court for the District of Columbia under the Freedom of Information Act. The complaint alleged that the defendant had failed to respond to EPIC’s 2016 FOIA request for information about the Department’s use of drones in the United States for domestic surveillance. The plaintiff requested that the court order DHS to release the requested information…

DHS began searching its documents after the complaint, but a status report filed on May 9, 2019 by EPIC alleged that DHS was unnecessarily slowing down the search for documents. EPIC stated that DHS promised to complete the search for documents 45 days after the complaint, but once it failed, they kept moving the deadline for completing the search back 45 more days. EPIC added that an "error with its search tasker" prevented DHS from completing the search at the time of filing the status update. DHS acknowledged the error in a status report filed on the same day, but noted that many DHS component agencies had completed their searches and were beginning to disclose requested documents to EPIC.

In response to these status reports, Judge Jackson issued an order obligating DHS to complete its search by June 12, 2019 and setting a reviewing schedule of 300 pages per month by July 29, 2019. He issued this order on May 13.

In a June 17, 2019 status report, DHS said that its search was complete, but potentially relevant documents were still being uploaded to DHS servers. DHS wrote that this process should take a few days, but promised to adhere to the production schedule set in the May 13 order.

The case was reassigned to Judge Carl J. Nichols on June 24, 2019.

According to a March 9, 2020 status report, the parties had successfully completed document production without the need to go to the court to contest the withholding of any documents. The parties negotiated a private agreement on attorney fees later in the year, and submitted a stipulation of dismissal on May 12, 2020. The case is now closed.

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Summary Authors

Sarah Reasoner (2/4/2019)

Ellen Aldin (6/23/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6329284/parties/electronic-privacy-information-center-v-us-department-of-homeland/

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Nichols, Carl John (District of Columbia)

Attorneys(s) for Plaintiff

Butler, Alan (District of Columbia)

Rotenberg, Marc (District of Columbia)

Scott, Jeramie D. (District of Columbia)

Attorneys(s) for Defendant

Coles-Huff, Doris Denise (District of Columbia)

Liu, Jessie K. (District of Columbia)

Walker, Johnny Hillary III (District of Columbia)

Expert/Monitor/Master

Van Horn, Daniel F (District of Columbia)

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Nichols, Carl John (District of Columbia)

Attorneys(s) for Plaintiff

Butler, Alan (District of Columbia)

Rotenberg, Marc (District of Columbia)

Scott, Jeramie D. (District of Columbia)

Attorneys(s) for Defendant

Coles-Huff, Doris Denise (District of Columbia)

Liu, Jessie K. (District of Columbia)

Walker, Johnny Hillary III (District of Columbia)

Expert/Monitor/Master

Van Horn, Daniel F (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	May 12, 2020	Docket
1	Complaint	March 8, 2018	Complaint
23	Defendant's Status Report	May 8, 2019	Pleading / Motion / Brief
22	Status Report	May 8, 2019	Pleading / Motion / Brief
24	Order	May 13, 2019	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/6329284/electronic-privacy-information-center-v-us-department-of-homeland/

Last updated May 12, 2022, 8 p.m.

ECF Number	Description	Date	Link
1	COMPLAINT against U.S. DEPARTMENT OF HOMELAND SECURITY ( Filing fee $ 400 receipt number 0090-5365740) filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney for the District of Columbia, # 3 Summons Attorney General of the United States, # 4 Summons U.S. Department of Homeland Security)(Scott, Jeramie) (Entered: 03/08/2018) 1 Civil Cover Sheet View on PACER 2 Summons U.S. Attorney for the District of Columbia View on PACER 3 Summons Attorney General of the United States View on PACER 4 Summons U.S. Department of Homeland Security View on PACER	March 8, 2018	RECAP
2	Corporate Disclosure Statement by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 03/08/2018)	March 8, 2018	PACER
	Case Assigned to Judge Ketanji Brown Jackson. (zsb)	March 14, 2018	PACER
3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/14/2018) 1 Notice and Consent View on PACER	March 14, 2018	PACER
4	NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 03/14/2018)	March 14, 2018	PACER
5	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 3/16/2018. (lckbj1) (Entered: 03/16/2018)	March 16, 2018	PACER
6	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 03/29/2018)	March 29, 2018	PACER
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/28/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/27/2018. (Scott, Jeramie) (Entered: 04/11/2018)	April 11, 2018	PACER
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/28/2018. (Scott, Jeramie) (Entered: 04/11/2018)	April 11, 2018	PACER
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 3/27/2018 (Scott, Jeramie) (Entered: 04/11/2018)	April 11, 2018	PACER
10	ANSWER to Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Walker, Johnny) (Entered: 04/27/2018)	April 27, 2018	PACER
	MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 5/16/2018. Signed by Judge Ketanji Brown Jackson on 05/02/2018. (lckbj1)	May 2, 2018	PACER
11	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/16/2018)	May 16, 2018	PACER
	MINUTE ORDER. In light of the representations made in the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 6/15/2018. Signed by Judge Ketanji Brown Jackson on 05/21/2018. (lckbj1)	May 21, 2018	PACER
12	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 06/15/2018)	June 15, 2018	PACER
13	MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 7/30/2018, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 06/19/2018. (lckbj1) (Entered: 06/19/2018)	June 19, 2018	PACER
14	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 07/30/2018)	July 30, 2018	PACER
	MINUTE ORDER. In light of the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 9/13/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/31/2018. (lckbj1)	July 31, 2018	PACER
15	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/13/2018)	Sept. 13, 2018	PACER
	MINUTE ORDER. In light of the representations in the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 11/13/2018, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/18/2018. (lckbj1)	Sept. 18, 2018	PACER
16	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 11/13/2018) 1 Text of Proposed Order View on PACER	Nov. 13, 2018	RECAP
	MINUTE ORDER. In light of the representations in the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 1/4/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/19/2018. (lckbj1)	Nov. 19, 2018	PACER
17	MOTION to Stay by U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 12/28/2018)	Dec. 28, 2018	RECAP
	MINUTE ORDER granting 17 Consent Motion to Stay in light of lapse of appropriations. For good cause shown, it is hereby ORDERED that this case is STAYED. Counsel for Defendant shall notify the Court as soon as Congress has appropriated funds; at that point, the Court will enter an order resetting the applicable deadlines, which will be extended day-for-day with the duration of the lapse in appropriations. Signed by Judge Ketanji Brown Jackson on 12/28/2018. (lckbj3)	Dec. 28, 2018	PACER
18	NOTICE of Restored Funding by U.S. DEPARTMENT OF HOMELAND SECURITY re Order on Motion to Stay, (Walker, Johnny) (Entered: 01/29/2019)	Jan. 29, 2019	PACER
	MINUTE ORDER. Defendant has provided notice that that an appropriations act providing funding to the Department of Justice for a three-week period of time was enacted on January 25, 2019 (ECF No. 18 .) Accordingly, it is hereby ORDERED that the stay in this matter is lifted, and that on or before 2/8/2019, the parties shall file a joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/29/2019. (lckbj1)	Jan. 29, 2019	PACER
19	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 02/08/2019)	Feb. 8, 2019	PACER
	MINUTE ORDER. In light of the representations in the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 3/25/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 2/11/2019. (lckbj1)	Feb. 11, 2019	PACER
20	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 03/25/2019)	March 25, 2019	PACER
	~Util - Set/Reset Deadlines	April 3, 2019	PACER
	.Order	April 3, 2019	PACER
	MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 4/8/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/3/2019. (lckbj1)	April 3, 2019	PACER
21	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/08/2019)	April 8, 2019	PACER
	~Util - Set/Reset Deadlines	April 11, 2019	PACER
	.Order	April 11, 2019	PACER
	MINUTE ORDER. In light of the representations in the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 5/8/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 4/11/2019. (lckbj1)	April 11, 2019	PACER
22	STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Attachments: # 1 Text of Proposed Order)(Scott, Jeramie) (Entered: 05/08/2019)	May 8, 2019	PACER
23	STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Walker, Johnny) (Entered: 05/08/2019)	May 8, 2019	PACER
24	.Order	May 13, 2019	PACER
25	Status Report	June 18, 2019	PACER
	Case Assigned/Reassigned	June 24, 2019	PACER
26	Status Report	Aug. 1, 2019	PACER
	.Order	Aug. 2, 2019	PACER
	Set/Reset Deadlines	Aug. 2, 2019	PACER
27	Status Report	Aug. 30, 2019	PACER
	.Order	Sept. 3, 2019	PACER
28	Notice of Appearance	Sept. 5, 2019	PACER
29	Notice of Change of Address	Sept. 5, 2019	PACER
	Set/Reset Deadlines/Hearings	Sept. 5, 2019	PACER
30	Status Report	Oct. 29, 2019	PACER
	.Order	Oct. 31, 2019	PACER
	Set/Reset Deadlines/Hearings	Oct. 31, 2019	PACER
31	Status Report	Nov. 13, 2019	PACER
	.Order	Nov. 18, 2019	PACER
	Set/Reset Deadlines	Nov. 18, 2019	PACER
32	Status Report	Jan. 13, 2020	PACER
	.Order	Jan. 14, 2020	PACER
	Set/Reset Deadlines/Hearings	Jan. 15, 2020	PACER
33	Status Report	Feb. 3, 2020	PACER
	.Order	Feb. 4, 2020	PACER
	Set/Reset Deadlines/Hearings	Feb. 4, 2020	PACER
34	Status Report	March 2, 2020	PACER
	.Order	March 8, 2020	PACER
35	Status Report	March 9, 2020	PACER
	.Order	May 11, 2020	PACER
	.Order	March 10, 2020	PACER
	Set/Reset Deadlines/Hearings	March 13, 2020	PACER
39	Stipulation of Dismissal	May 12, 2020	RECAP
36	Status Report	April 8, 2020	PACER
	.Order	April 9, 2020	PACER
	Set/Reset Deadlines/Hearings	April 9, 2020	PACER
37	Notice of Withdrawal of Appearance	April 29, 2020	PACER
38	Status Report	May 8, 2020	PACER
	.Order	May 11, 2020	PACER
39	Stipulation of Dismissal	May 12, 2020	RECAP