Elec. Privacy Info. Ctr. v. DOJ

Denying EPIC’s motion for preliminary injunction. 15 F. Supp. 3d at 49. “[P]laintiff [EPIC] submitted a document request to defendant Department of Justice (“DOJ”) under the Freedom of Information Act (“FOIA”) seeking records regarding a national security program that involves the United States government's surreptitious use of certain devices to collect communications information. EPIC asked DOJ to expedite the processing of its FOIA request, which DOJ agreed to do. But after forty-two business days elapsed and DOJ had not responded to EPIC's FOIA request, much less produced the requested records, EPIC filed the instant lawsuit along with a motion for a preliminary injunction, requesting that the Court compel DOJ to process its request immediately and provide responsive documents within 20 days of the Court's order.” Id. at 35. The Court found that EPIC failed to provide any evidence the DOJ was intentionally moving slowly and that given the public interests at stake, the Court did not see a need to order speed up or terminate the document review process. Id. at 49.
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