Case 1:12-cv-00667-CKK Document 25 Filed 11/01/13 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________________________
)
ELECTRONIC PRIVACY
)
INFORMATION CENTER
)
)
Plaintiff,
)
)
v.
) Civil No. 1:12-cv-00667 (CKK)
)
FEDERAL BUREAU OF INVESTIGATION
)
)
Defendant.
)
________________________________________________ )
JOINT STATUS REPORT
Pursuant to the Court’s Order on August 30, 2013, Plaintiff Electronic Privacy Information
Center (“EPIC”) and Defendant Federal Bureau of Investigation (“FBI”) have conferred and hereby
submit the following joint status report:
1. Plaintiff filed this action on April 27, 2012, seeking injunctive and other appropriate relief
under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, including the release of
certain agency records, related to the use of cell site simulator (or “StingRay”) technology,
requested by EPIC on February 10, 2012 (“EPIC FOIA Request”).
2. The Parties subsequently filed a Joint Proposed Schedule on June 27, 2012, and completed
briefing regarding Defendant’s Motion for an Open America Stay on August 30, 2012.
3. On October 3, 2012, Defendant sent Plaintiff the first production of documents via USPS.
The Defendant has since produced documents on a rolling basis through July 30, 2013, at
which point Defendant’s production was complete.
4. The Court denied Defendant’s Motion for an Open America Stay in a Memorandum
Opinion and Order on March 28, 2013 and ordered that production of all “non-exempt
records not subject to classification review” be completed by August 1, 2013. The Court
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 Case 1:12-cv-00667-CKK Document 25 Filed 11/01/13 Page 2 of 3

subsequently ordered that “[o]n or before August 30, 2013, the parties shall file a joint status
report proposing a schedule for proceeding in this matter.”
5. Between October 3, 2012 and July 30, 2013, the Defendant sent 13 separate sets of
documents to the Plaintiff, and produced a total of 4,377 pages in whole or in part. The
Defendant reviewed a total of 22,982 pages and withheld in full 18,605 pages.
6. The Parties filed their Joint Status Report on August 29, 2013 and proposed a schedule for
the production of a sample Vaughn index for 500 pages of documents selected by the
Plaintiff to better enable Plaintiff to evaluate the Defendant’s withholdings under Exemption
3 and Exemption 7(E). Pursuant to its preparation of the draft Vaughn index, the FBI
voluntarily agreed to review the 500 pages to determine if there were additional terms that
could be released. The Parties also agreed to submit a further Joint Status Report no later
than November 1, 2013.
7. On October 1, 2013, Defendant produced a sample Vaughn index and the reprocessed
sample pages along with related affidavits. The reprocessed pages include additional terms
that had been redacted in Defendant’s original production.
8. Plaintiff has reviewed the sample Vaughn index and the reprocessed pages, and is willing to
resolve the remaining legal issues in this case through settlement. Plaintiff believes that it is
entitled to fees and costs, and on October 30, 2013, Plaintiff has submitted a detailed bill of
fees and costs to the Defendant. Defendant has not yet had adequate opportunity to review
the request to determine whether, and to what extent, Plaintiff might be eligible for fees.
9. The Parties now propose that the Court allow for an additional 14 days for continued
consideration and discussion of the fee issue. If the Parties have not resolved the fee issue by
November 14, 2013, they will file an additional Joint Status Report with the Court regarding

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further scheduling.

Date: November 1, 2013

Respectfully submitted,

MARC ROTENBERG
Executive Director

STUART F. DELERY
ELIZABETH J. SHAPIRO
Deputy Branch Director

/s/
Alan Jay Butler
ALAN JAY BUTLER
(DC Bar # 1012128)
Appellate Advocacy Counsel
Electronic Privacy Information Center
1718 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20009
Tel: (202) 483-1140
Fax: (202) 483-1248
butler@epic.org

/s/
Kimberly L. Herb
KIMBERLY L. HERB
(Illinois Bar # 6296725)
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, DC 20044
Tel: (202) 305-8356
Fax: (202) 616-8470
Kimberly.L.Herb@usdoj.gov

Attorneys for Plaintiff

Attorneys for Defendants

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