ELECTRONIC PRIVACY INFORMATION CENTER v. THE UNITED STATES DEPTMENT OF HOMELAND SECURITY

Filing 17

NOTICE OF RELATED CASE by ELECTRONIC PRIVACY INFORMATION CENTER, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. Case related to Case No. 1:10cv63. (Attachments: # 1 Exhibit)(Grauman, Jesse)

ELECTRONIC PRIVACY INFORMATION CENTER v. THE UNITED STATES DEPTMENT OF HOMELAND SECURITY

Doc. 17

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) ELECTRONIC PRIVACY ) INFORMATION CENTER ) ) Plaintiff, ) v. ) Civil Action No. 1:09cv2084 (RMU) ) Civil Action No. 1:10cv63 (CKK) UNITED STATES DEPARTMENT OF ) HOMELAND SECURITY ) ) Defendant. ) ) JOINT NOTICE OF RELATED CASE Plaintiff the Electronic Privacy Information Center ("EPIC") and Defendant U.S. Dep't. of Homeland Security (the "DHS") hereby jointly notify the Court, pursuant to Local Civ. R. 40.5(b)(3), that the two above-captioned matters, EPIC v. Dep't. of Homeland Security, No. 1:09cv2084 (RMU) (filed Nov. 5, 2009) ("EPIC v. DHS I") and EPIC v. Dep't. of Homeland Security, No. 1:09cv63 (CKK) (filed Jan. 13, 2010) ("EPIC v. DHS II"), are related cases. The parties have also filed a motion to consolidate these cases, attached as Exhibit 1. EPIC v. DHS I arises from EPIC's April 14, 2009 FOIA request seeking three categories of documents related to the DHS's use of "whole body imaging" technology. EPIC v. DHS II arises from EPIC's July 2, 2009 FOIA request seeking six categories of documents related to the DHS's use of "whole body imaging" technology. The cases are related as they "relate to common property" and "involve common issues of fact." Local Civ. R. 40.5(a)(3)(i-ii). Although EPIC's FOIA requests were submitted on different dates, the parties have determined that some of the requested categories overlap, and that DHS possesses some agency records that are responsive to both EPIC's April 14, 2009

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request and EPIC's July 2, 2009 request. For example, both requests seek contracts and technical specifications relating to "whole body imaging" machines. Therefore, the DHS is processing EPIC's FOIA requests contemporaneously, employing one search process to identify documents responsive to both of EPIC's FOIA requests. Pursuant to Local Civ. R. 40.5(b)(3), this Notice has been filed in both EPIC v. DHS I and EPIC v. DHS II. The parties have also filed a joint motion to consolidate EPIC v. DHS I and EPIC v. DHS II; pursuant to Local Civ. R. 40.5(d), that motion has been filed in EPIC v. DHS I only. It requests that the consolidated matter proceed before Judge Urbina, and that it be governed by the Court's February 24, 2010 scheduling order. A copy of the filed motion to consolidate is attached as Exhibit 1. Dated: March 11, 2010 /s/ John Verdi John Verdi, Esquire (DC Bar # 495764) Marc Rotenberg, Esquire (DC Bar # 422825) ELECTRONIC PRIVACY INFORMATION CENTER 1718 Connecticut Avenue, N.W. Suite 200 Washington, D.C. 20009 [phone] (telephone) [phone] (facsimile) [e-mail] (email) Attorneys for Plaintiff Respectfully submitted, TONY WEST Assistant Attorney General RONALD C. MACHEN JR. United States Attorney for the District of Columbia ELIZABETH J. SHAPIRO Deputy Branch Director /s/ Jesse Z. Grauman JESSE Z. GRAUMAN (Va. Bar No. 76782) U.S. Department of Justice Civil Division, Federal Programs Branch Mailing Address: Post Office Box 883 Washington, D.C. 20044 Courier Address: 20 Massachusetts Ave., N.W. Washington, D.C. 20001

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Telephone: Fax: Email:

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Attorneys for Defendant

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