Case: Electronic Privacy Information Center v. U.S. Immigration and Customs Enforcement

1:18-cv-00797 | U.S. District Court for the District of Columbia

Filed Date: April 9, 2018

Closed Date: June 23, 2020

Clearinghouse coding complete

Case Summary

On April 9, 2018, the Electronic Privacy Information Center (EPIC) filed this complaint against defendant U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). EPIC alleged that ICE had failed to timely respond to its FOIA request for records concerning "ICE’s purchase and use of mobile forensics devices and technology." EPIC sought injunctive relief under FOIA so as to have the responsive records released. The case was filed in the U.S. District Court for …

On April 9, 2018, the Electronic Privacy Information Center (EPIC) filed this complaint against defendant U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). EPIC alleged that ICE had failed to timely respond to its FOIA request for records concerning "ICE’s purchase and use of mobile forensics devices and technology." EPIC sought injunctive relief under FOIA so as to have the responsive records released. The case was filed in the U.S. District Court for the District of Columbia and assigned to Judge Colleen Kollar-Kotelly.

EPIC argued that one of ICE's law enforcement activities was "conducting warrantless electronic device searches 'without individualized suspicion,'" and that such searches have increased at the border. EPIC contended that such searches included text messages, private emails, contact lists, photographs, and other personal information. In order to conduct such searches, the complaint stated that ICE entered into contracts with mobile forensic technology providers, such as Cellebrite, which provided the technology for accessing the desired information on electronic devices. EPIC argued that "ICE’s data retrieval techniques for mobile devices pose significant threats to privacy" by allowing ICE to gather personal information without suspicion or a warrant. Further, EPIC argued, it was not clear what happens to this gathered information after it was in ICE's possession.

A joint status report filed on July 12, 2018 indicated that the government would start producing records on a rolling basis within a month. A September status report indicated that the production and its review were ongoing. A November status report indicated the production was complete and that EPIC was reviewing it.

The March 2019 joint status report stated that EPIC had identified several issues in dispute, to which ICE agreed to review the withholdings to resolve or narrow the issues in dispute. After ICE provided the requested documents, EPIC notified it that there were still issues in dispute.

As of the November 2019 status report, ICE had provided EPIC with 60 pages of reprocessed documents that were representative of the issues in dispute. The parties continued to work to resolve issues in the document production without court intervention. In February 2020, the parties notified the court that they had resolved all outstanding issues with the document production and were working towards a settlement on attorneys' fees and costs.

The parties reached an agreement on attorneys' fees and costs in early June 2020. On June 23, 2020, the parties filed a joint stipulation of dismissal, and the court dismissed the case. The documents produced by ICE can be found on EPIC's site, here. This case is closed.

Summary Authors

Virginia Weeks (5/30/2018)

Virginia Weeks (11/15/2018)

Aaron Gurley (11/21/2019)

Emily Kempa (3/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6358162/parties/electronic-privacy-information-center-v-us-immigration-and-customs/


Judge(s)

Kollar-Kotelly, Colleen (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

Chang, William (District of Columbia)

Coles-Huff, Doris Denise (District of Columbia)

Rogers, Joshua L (District of Columbia)

Judge(s)

Kollar-Kotelly, Colleen (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

Chang, William (District of Columbia)

Coles-Huff, Doris Denise (District of Columbia)

Rogers, Joshua L (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

June 23, 2020 Docket
1

Complaint for Injunctive Relief

April 9, 2018 Complaint

Resources

Title Description External URL

EPIC v. ICE (Mobile Forensics)

Electronic Privacy Information Center

Immigration and Customs Enforcement (“ICE”) searches mobile devices while carrying out law enforcement activities, potentially subjecting millions to searches inside its claimed enforcement authority… March 19, 2019 https://www2.epic.org/foia/dhs/ice/mobile-forensics/#legal

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6358162/electronic-privacy-information-center-v-us-immigration-and-customs/

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

ECF Number Description Date Link
1

COMPLAINT against U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5411794) 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. Immigration and Customs Enforcement)(Scott, Jeramie) (Entered: 04/09/2018)

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. Immigration and Customs Enforcement

View on PACER

April 9, 2018 RECAP

Case Assigned to Judge Colleen Kollar-Kotelly. (zmd)

April 9, 2018 PACER
2

SUMMONS (3) Issued Electronically as to U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/10/2018)

April 10, 2018 PACER
3

ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/16/18. (DM) (Entered: 04/16/2018)

April 16, 2018 RECAP
4

NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 05/02/2018)

May 2, 2018 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 4/25/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/25/2018. (Scott, Jeramie) (Entered: 05/02/2018)

May 2, 2018 PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/24/2018. (Scott, Jeramie) (Entered: 05/02/2018)

May 2, 2018 PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/23/2018 (Scott, Jeramie) (Entered: 05/02/2018)

May 2, 2018 PACER
8

NOTICE of Appearance by Joshua L. Rogers on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Rogers, Joshua) (Entered: 05/09/2018)

May 9, 2018 PACER
9

MOTION for Extension of Time to File Answer by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 05/23/2018)

May 23, 2018 PACER

MINUTE ORDER. The Court is in receipt of Defendant's 9 Motion for Extension of Time. Defendant requests an extension of time until June 25, 2018 to file an answer or other response to Plaintiff's Complaint because defense counsel is busy with other matters. This is the first motion for an extension of this deadline. As Defendant acknowledges, however, this motion was not filed in a timely manner. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 4 at 3. Defense counsel represents that he has been unable to obtain Plaintiff's position on this motion. By no later than MAY 25, 2018, Plaintiff shall file a notice with the Court indicating whether it consents to this motion. Signed by Judge Colleen Kollar-Kotelly on 5/24/2018. (lcckk3)

May 24, 2018 PACER

Set/Reset Deadlines: Plaintiff's notice to the Court due by 5/25/2018. (kt)

May 24, 2018 PACER
10

NOTICE of Appearance by Alan Jay Butler on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Butler, Alan) (Entered: 05/25/2018)

May 25, 2018 PACER
11

Memorandum in opposition to re 9 MOTION for Extension of Time to File Answer filed by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 05/25/2018)

May 25, 2018 PACER
12

REPLY re 9 MOTION for Extension of Time to File Answer filed by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 05/25/2018)

May 25, 2018 RECAP

MINUTE ORDER. The Court is in receipt of Defendant's 9 Motion for Extension of Time. Defendant requests a 31-day extension of time until June 25, 2018 to file an answer or other response to Plaintiff's Complaint because defense counsel is busy with other matters. This is the first motion for an extension of this deadline. As Defendant acknowledges, however, this motion was not filed in a timely manner. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 4 at 3. Plaintiff opposes Defendant's Motion. Plaintiff argues that Defendant has not set forth adequate grounds for a 31-day extension. Plaintiff would, however, consent to a 14-day extension. Defense counsel has filed a reply to Plaintiff's Opposition, indicating that he also recently underwent an unexpected medical procedure and has been called for jury duty in early June. The Court finds that there are adequate grounds for the requested extension and will GRANT Defendant's Motion NUNC PRO TUNC. Defendant shall respond to Plaintiff's Complaint by no later than JUNE 25, 2018. No further extensions will be granted. Signed by Judge Colleen Kollar-Kotelly on 5/30/2018. (lcckk3)

May 30, 2018 PACER

Set/Reset Deadlines: Answer to Complaint due by 6/25/2018. (dot)

May 30, 2018 PACER
13

ANSWER to Complaint by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.(Rogers, Joshua) (Entered: 06/21/2018)

June 21, 2018 PACER
14

ORDER. The parties shall file a Joint Status Report by no later than JULY 13, 2018. Signed by Judge Colleen Kollar-Kotelly on 6/22/2018. (lcckk3) (Entered: 06/22/2018)

June 22, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (dot)

June 22, 2018 PACER
15

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 07/12/2018)

July 12, 2018 PACER

MINUTE ORDER. The Court is in receipt of the parties' 15 Joint Status Report. The parties represent that Defendant will begin to produce records to Plaintiff within the next 30 days and will thereafter release records on a rolling monthly basis. The parties will meet and confer to set a production schedule before the next Joint Status Report is filed. The parties are ORDERED to file another Joint Status Report by no later than SEPTEMBER 12, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 7/13/2018. (lcckk3)

July 13, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 9/12/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. (dot)

July 13, 2018 PACER
16

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 09/12/2018)

Sept. 12, 2018 PACER

MINUTE ORDER. The Court is in receipt of the parties' 16 Joint Status Report. The parties represent that Defendant has released some documents responsive to Plaintiff's FOIA request. Defendant has also collected additional documents which are potentially responsive. The parties have agreed to a rolling release schedule of three monthly productions, concluding October 31, 2018. The first set of productions was due August 2018, but production was delayed as Defendant was required to consult with a separate federal agency. The records will still be produced by the agreed upon deadline of October 31, 2018. The parties are ORDERED to file another Joint Status Report by no later than NOVEMBER 14, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. The parties are further ORDERED to file additional Joint Status Reports every 60 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 09-14-2018. (lcckk3)

Sept. 14, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 11/14/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. (dot)

Sept. 14, 2018 PACER
17

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 11/13/2018)

Nov. 13, 2018 PACER
18

MOTION to Stay by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/11/2019)

Jan. 11, 2019 PACER

MINUTE ORDER. The Court is in receipt of Defendant's 18 Motion for Stay of All Proceedings in Light of Lapse of Appropriations. As of December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations lapsed. Absent an appropriation, Department attorneys are prohibited from working, even on a voluntary basis, except in limited circumstances which do not apply to this case. Defendant requests a stay of all proceedings until Congress has restored appropriations to the Department and an extension of all deadlines commensurate with the duration of the lapse in appropriations. Plaintiff consents to the relief requested. Defendant's motion is GRANTED. Defendant is ORDERED to file a status report within seven days of the restoration of appropriations, notifying the Court and the parties and requesting any appropriate extensions. Signed by Judge Colleen Kollar-Kotelly on 1-14-2019. (lcckk3)

Jan. 15, 2019 PACER
19

NOTICE of Restored Government Funding by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Rogers, Joshua) (Entered: 02/01/2019)

Feb. 1, 2019 PACER

MINUTE ORDER. The Court is in receipt of Defendant's 19 Status Report. On January 15, 2019, the Court issued a stay in this case due to the lapse in appropriations to the Department of Justice. Appropriations have now been restored, so the Court ORDERS the stay lifted. The Court further ORDERS the parties to file a Joint Status Report on MARCH 18, 2019, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. The parties are further ORDERED to file additional Joint Status Reports every 60 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 2-4-2019. (lcckk3)

Feb. 4, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 3/18/2019. (dot)

Feb. 4, 2019 PACER
20

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 03/18/2019)

March 18, 2019 PACER

.Order

March 19, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 20 Joint Status Report. The parties report that Defendant has produced the responsive records on schedule. However, Plaintiff has identified several issues including the sufficiency of the search and the assertion of Exemptions 4, 5, and 7(E). To give the parties time to confer, the Court ORDERS the parties to submit another status report by APRIL 17, 2019, updating the Court on the status of the issues and proposing a plan for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 3/19/2019. (lcckk3)

March 19, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 4/17/2019, updating the Court on the status of the issues and proposing a plan for further proceedings. (dot)

March 19, 2019 PACER

Set/Reset Deadlines

March 20, 2019 PACER
21

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 04/17/2019)

April 17, 2019 PACER

.Order

April 23, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 21 Joint Status Report. Defendant reports that it requires additional time to review its withholdings and resolve or narrow the issues in dispute. Additionally, the parties require additional time to establish a schedule for production of an outstanding record, for releasing details of the agency's search methodology, and for reprocessing information withheld under Exemptions 4, 5 and 7(E). The Court ORDERS the parties to file an additional Joint Status Report on or before MAY 1, 2019, updating the Court on the status of the issues in dispute and proposing a schedule for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 4/23/2019. (lcckk3)

April 23, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 5/1/2019, updating the Court on the status of the issues in dispute and proposing a schedule for further proceedings. (dot)

April 23, 2019 PACER

Set/Reset Deadlines

April 24, 2019 PACER
22

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 05/01/2019)

May 1, 2019 PACER

.Order

May 2, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 22 Joint Status Report. Based on the parties' statements, the Court ORDERS Defendant to produce the one outstanding record to Plaintiff by MAY 15, 2019, to provide Plaintiff with details of its search methodology by MAY 15, 2019, and to reprocess the portions of records identified by Plaintiff by MAY 23, 2019. Defendant indicates that these deadlines are likely to work, but Defendant has not been able to confirm with agency counsel due to agency counsel's extended personal leave. If after conferring with agency counsel, it is not possible to meet these deadlines, the parties may apply for an extension. The Court further ORDERS the parties to file by JUNE 7, 2019, a Joint Status Report informing the Court whether or not there are any remaining issues in dispute and proposing steps for going forward. Signed by Judge Colleen Kollar-Kotelly on 5/2/2019. (lcckk3)

May 2, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 6/7/2019. (dot)

May 2, 2019 PACER

Set/Reset Deadlines

May 3, 2019 PACER
23

STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 06/07/2019)

June 7, 2019 PACER

.Order

June 7, 2019 PACER

MINUTE ORDER. The Court is in receipt of Plaintiff's 23 Status Report. On May 2, 2019, the Court ordered Defendant to produce the one outstanding record to Plaintiff by MAY 15, 2019, to provide Plaintiff with details of its search methodology by MAY 15, 2019, and to reprocess the portions of records identified by Plaintiff by MAY 23, 2019. In its status report, Plaintiff indicates that Defendant provided the one outstanding record and explained its search methodology by May 15, 2019. However, Plaintiff has not received any further communication from Defendant about the reprocessing of the records. And, when Plaintiff contacted Defendant to confer about the submission of the Joint Status Report due on June 7, 2019, Defendant did not reply. Lacking any response from Defendant, the Court will grant the relief requested by Plaintiff. The Court ORDERS Defendant to complete the reprocessing of Plaintiff's records by JUNE 20, 2019. The Court further ORDERS the parties to submit a Joint Status Report by JUNE 28, 2019, informing the Court whether or not there are any remaining issues in dispute and proposing steps for going forward. Signed by Judge Colleen Kollar-Kotelly on 6/7/2019. (lcckk3)

June 7, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 6/28/2019, informing the Court whether or not there are any remaining issues in dispute and proposing steps for going forward. (dot)

June 7, 2019 PACER
24

RESPONSE to Minute Order of 6/7/19 by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Rogers, Joshua) Modified text on 6/11/2019 (ztd). (Entered: 06/10/2019)

June 10, 2019 PACER

Set/Reset Deadlines

June 12, 2019 PACER
25

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 06/28/2019)

June 28, 2019 PACER

.Order

July 1, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 25 Joint Status Report. Plaintiff reports that it has agreed to provide a subset of documents that are representative of the issues in dispute so that Defendant can either agree to reprocess and release the documents or provide a more detailed explanation for the withholdings. The Court ORDERS the parties to provide another Joint Status Report by JULY 29, 2019, updating the Court on the status of the issues and providing a proposal for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 7/1/2019. (lcckk3)

July 1, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 7/29/2019, updating the Court on the status of the issues and providing a proposal for further proceedings. (dot)

July 1, 2019 PACER

Set/Reset Deadlines

July 2, 2019 PACER
26

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 07/29/2019)

July 29, 2019 PACER

.Order

July 29, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 26 Joint Status Report. Plaintiff reports that it has agreed to provide a subset of documents that are representative of the issues in dispute so that Defendant can either agree to reprocess and release the documents or provide a more detailed explanation for the withholdings in a Vaughn index. Plaintiff is still in the process of identifying a subset of documents and will provide these documents to Defendant by August 2, 2019. The Court ORDERS the parties to provide another Joint Status Report by AUGUST 20, 2019, updating the Court on the status of the issues and providing a proposal for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 7-29-2019. (lcckk3)

July 29, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 8/20/2019, updating the Court on the status of the issues and providing a proposal for further proceedings. (dot)

July 29, 2019 PACER

Set/Reset Deadlines

July 30, 2019 PACER
27

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 08/20/2019)

Aug. 20, 2019 PACER

.Order

Aug. 20, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 27 Joint Status Report. Plaintiff has provided a subset of documents that are representative of the issues in dispute so that Defendant can either agree to reprocess and release the documents or provide a more detailed explanation for the withholdings in a Vaughn index. Defendant has agreed to provide the reprocessed documents and/or a Vaughn index by September 21, 2019. The Court ORDERS the parties to provide another Joint Status Report by OCTOBER 4, 2019, updating the Court on the status of the issues and providing a proposal for further proceedings. Signed by Judge Colleen Kollar-Kotelly on 8-20-2019. (lcckk3)

Aug. 20, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 10/4/2019, updating the Court on the status of the issues and providing a proposal for further proceedings. (dot)

Aug. 20, 2019 PACER

Set/Reset Deadlines

Aug. 21, 2019 PACER
28

NOTICE of Change of Address by Jeramie D. Scott (Scott, Jeramie) (Entered: 09/05/2019)

Sept. 5, 2019 PACER
29

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 10/03/2019)

Oct. 3, 2019 PACER

.Order

Oct. 3, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 29 Joint Status Report. Defendant has completed its reprocessing and Vaughn index for the subset of documents Defendant identified as representative of the issues in dispute. Defendant will provide the reprocessed documents and Vaughn index by October 4, 2019. The Court ORDERS the parties to file a further Joint Status Report by NOVEMBER 4, 2019, indicating the status of the issues in dispute and proposing steps for moving forward. Signed by Judge Colleen Kollar-Kotelly on 10-3-2019. (lcckk3)

Oct. 3, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 11/4/2019, indicating the status of the issues in dispute and proposing steps for moving forward. (dot)

Oct. 3, 2019 PACER

Set/Reset Deadlines

Oct. 4, 2019 PACER
30

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Rogers, Joshua) (Entered: 11/04/2019)

Nov. 4, 2019 PACER

.Order

Nov. 5, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 30 Joint Status Report. Defendant has provided Plaintiff with the updated Vaughn index. However, due to a mailing error, Plaintiff did not receive the 60 pages of reprocessed documents until November 4, 2019. Plaintiff requires additional time to review the reprocessed records and the Vaughn index and to confer with Defendant regarding the extent of any outstanding issues still in dispute. The Court ORDERS the parties to file a further Joint Status Report by DECEMBER 4, 2019, indicating the status of the issues in dispute and proposing steps for moving forward. Signed by Judge Colleen Kollar-Kotelly on 11-5-2019. (lcckk3)

Nov. 5, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 12/4/2019, indicating the status of the issues in dispute and proposing steps for moving forward. (dot)

Nov. 5, 2019 PACER

Set/Reset Deadlines

Nov. 6, 2019 PACER
31

NOTICE OF SUBSTITUTION OF COUNSEL by William J. Chang on behalf of U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney joshua rogers (Chang, William) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
32

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Butler, Alan) (Entered: 12/04/2019)

Dec. 4, 2019 PACER

.Order

Dec. 4, 2019 PACER

MINUTE ORDER. The Court is in receipt of the parties' 32 Joint Status Report. Defendant has provided Plaintiff with records responsive to its request, reprocessed records identified by Plaintiff, and a Vaughn index. The parties continue to seek to narrow the issues in dispute. As such, Plaintiff has submitted certain questions to Defendant regarding withholdings. The Court ORDERS the parties to file a further Joint Status Report by FEBRUARY 4, 2020, indicating the status of the issues in dispute and proposing steps for moving forward. Signed by Judge Colleen Kollar-Kotelly on 12-4-2019. (lcckk3)

Dec. 4, 2019 PACER

Set/Reset Deadlines: Joint Status Report due by 2/4/2020, indicating the status of the issues in dispute and proposing steps for moving forward. (dot)

Dec. 4, 2019 PACER

Set/Reset Deadlines

Dec. 5, 2019 PACER
33

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 02/04/2020)

Feb. 4, 2020 PACER

.Order

Feb. 5, 2020 PACER

MINUTE ORDER. The Court is in receipt of the parties' 33 Joint Status Report. Defendant has provided Plaintiff with records responsive to its request, reprocessed records identified by Plaintiff, and a Vaughn index. The parties report that only one issue remains in dispute concerning the b(7)(E) withholdings of legal considerations for forensic cell phone searches. The parties are attempting to resolve this issue without Court intervention. The Court ORDERS the parties to file a further Joint Status Report by FEBRUARY 18, 2020, indicating the status of the issue in dispute and proposing steps for moving forward. Signed by Judge Colleen Kollar-Kotelly on 2-5-2020. (lcckk3)

Feb. 5, 2020 PACER

Set/Reset Deadlines: Joint Status Report due by 2/18/2020, indicating the status of the issue in dispute and proposing steps for moving forward. (dot)

Feb. 5, 2020 PACER

Set/Reset Deadlines

Feb. 7, 2020 PACER
34

Joint STATUS REPORT by ELECTRONIC PRIVACY INFORMATION CENTER. (Scott, Jeramie) (Entered: 02/18/2020)

Feb. 18, 2020 PACER

.Order

Feb. 18, 2020 PACER

MINUTE ORDER. The Court is in receipt of the parties' 34 Joint Status Report. The parties report that there are no outstanding issues concerning the production in dispute. The only outstanding issue is attorneys' fees and costs. The parties request 45 days to discuss a settlement. The Court ORDERS the parties to file a status report by APRIL 3, 2020, indicating how they would like to proceed on the issue of attorneys' fees and costs. If the parties reach a settlement prior to April 3, 2020, they shall immediately notify the Court. Signed by Judge Colleen Kollar-Kotelly on 2-18-2020. (lcckk3)

Feb. 18, 2020 PACER

Set/Reset Deadlines: Status Report due by 4/3/2020, indicating how they would like to proceed on the issue of attorneys' fees and costs. (zdot)

Feb. 18, 2020 PACER

Set/Reset Deadlines

Feb. 19, 2020 PACER
35

Joint STATUS REPORT by U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Chang, William) (Entered: 04/03/2020)

April 3, 2020 RECAP

.Order

April 3, 2020 PACER

MINUTE ORDER. The Court is in receipt of the parties' 35 Joint Status Report. The parties report that Plaintiff has made an offer to settle the case and Defendant is seeking authority to respond to the offer. The Court ORDERS the parties to file a status report by MAY 3, 2020, indicating how they would like to proceed on the issue of attorneys' fees and costs. If the parties reach a settlement prior to May 3, 2020, they shall immediately notify the Court. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020 PACER

Set/Reset Deadlines: Joint Status Report due by 5/3/2020, indicating how they would like to proceed on the issue of attorneys' fees and costs. (dot)

April 3, 2020 PACER

Set/Reset Deadlines

April 6, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: April 9, 2018

Closing Date: June 23, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Privacy Information Center (EPIC) is a nonprofit organization that has a goal of highlighting for the public issues related to privacy and civil rights. EPIC's work includes oversight and analysis of government activities.

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

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Document/information produced

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Record-keeping

Records Disclosure

Search policies

Immigration/Border:

Border police