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Case TitleCENTER FOR BIOLOGICAL DIVERSITY, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00688
Date Filed2019-03-12
Date Closed2022-03-02
JudgeJudge Florence Y. Pan
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the EPA for records concerning the agency's FOIA operations. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-121COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5995475) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Environmental Protection Agency, # 3 Summons Attorney General, # 4 Summons U.S. Attorney)(Townsend, Margaret) (Entered: 03/12/2019)
2019-03-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY, INC. (Townsend, Margaret) (Entered: 03/12/2019)
2019-03-12Case Assigned to Judge Ketanji Brown Jackson. (zef, ) (Entered: 03/12/2019)
2019-03-123SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/12/2019)
2019-03-274RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 3/15/2019 (Townsend, Margaret) (Entered: 03/27/2019)
2019-03-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/18/2019. (Townsend, Margaret) (Entered: 03/27/2019)
2019-03-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/20/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/19/2019. (Townsend, Margaret) (Entered: 03/27/2019)
2019-04-107GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO 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 Court's instructions for processing and production of records, batching 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 4/10/2019. (lckbj1) (Entered: 04/10/2019)
2019-04-178NOTICE Of Defendant's Intent To Answer by U.S. ENVIRONMENTAL PROTECTION AGENCY re 7 Order,, (Nebeker, William) (Entered: 04/17/2019)
2019-04-199ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Nebeker, William) (Entered: 04/19/2019)
2019-04-22MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 7 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 5/6/2019. Signed by Judge Ketanji Brown Jackson on 4/22/2019.(lckbj1) (Entered: 04/22/2019)
2019-05-0610Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 05/06/2019)
2019-05-07MINUTE ORDER. In light of the representations in the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report on or before 5/30/2019, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/7/2019. (lckbj1) (Entered: 05/07/2019)
2019-05-3011Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 05/30/2019)
2019-06-03MINUTE ORDER. In light of the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 6/28/2019, the parties shall file a further 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 6/3/2019. (lckbj1) (Entered: 06/03/2019)
2019-06-2812Joint STATUS REPORT and PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 06/28/2019)
2019-07-05MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 9/9/2019, the parties shall file a further 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 7/5/2019. (lckbj1) (Entered: 07/05/2019)
2019-09-0913Joint STATUS REPORT and PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Townsend, Margaret) (Entered: 09/09/2019)
2019-09-11MINUTE ORDER. In light of the representations in the parties' 13 Joint Status Report, it is hereby ORDERED that, on or before 3/11/2020, the parties shall file a further 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 9/11/2019. (lckbj1) (Entered: 09/11/2019)
2019-09-2314NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-2181. (Townsend, Margaret) (Entered: 09/23/2019)
2019-10-1815NOTICE Joint Notice of Update to Record Review Schedule by CENTER FOR BIOLOGICAL DIVERSITY, INC. re 13 Status Report (Townsend, Margaret) (Entered: 10/18/2019)
2020-01-1016NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 19-3270. (Townsend, Margaret) (Entered: 01/10/2020)
2020-03-0917NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 03/09/2020)
2020-03-0918Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 03/09/2020)
2020-03-13MINUTE ORDER. In light of the representations in the parties' 18 Joint Status Report, it is hereby ORDERED that, on or before 4/18/2020, the parties shall file a further 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 3/13/2020. (jag) (Entered: 03/13/2020)
2020-03-17Set/Reset Deadlines: Joint Status Report due by 4/18/2020. (zgdf) (Entered: 03/17/2020)
2020-04-1719Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 04/17/2020)
2020-04-17MINUTE ORDER. In light of the representations in the parties' 19 Joint Status Report, it is hereby ORDERED that, on or before 5/22/2020, the parties shall file a further 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 4/17/2020. (jag) (Entered: 04/17/2020)
2020-05-2220Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 05/22/2020)
2020-05-27MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report, it is hereby ORDERED that, on or before 8/21/2020, the parties shall file a further 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 5/27/2020. (jag) (Entered: 05/27/2020)
2020-08-2121Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 08/21/2020)
2020-08-21MINUTE ORDER. In light of the representations in the parties' 21 Joint Status Report, it is hereby ORDERED that, on or before 12/4/2020, the parties shall file a further 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 8/21/2020. (jag) (Entered: 08/21/2020)
2020-12-0422Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 12/04/2020)
2020-12-29MINUTE ORDER. In light of the representations in the parties' 22 Joint Status Report, it is hereby ORDERED that, on or before 1/13/2021, the parties shall file a further 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 12/29/2020. (jag) (Entered: 12/29/2020)
2021-01-1323Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 01/13/2021)
2021-01-15MINUTE ORDER. In light of the representations in the parties' 23 Joint Status Report, it is hereby ORDERED that, on or before 2/16/2021, the parties shall file a further 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 1/15/2021. (jag) (Entered: 01/15/2021)
2021-02-1124Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 02/11/2021)
2021-02-11MINUTE ORDER. In light of the representations in the parties' 24 Joint Status Report, it is hereby ORDERED that, on or before 6/11/2021, the parties shall file a further 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 2/11/2021. (jag) (Entered: 02/11/2021)
2021-06-0925Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Caplen, Robert) (Entered: 06/09/2021)
2021-06-17MINUTE ORDER. In light of the representations in the parties' 25 Joint Status Report, it is hereby ORDERED that, on or before 8/31/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/17/2021. (jag) (Entered: 06/17/2021)
2021-06-2426NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 06/24/2021)
2021-06-28Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/28/2021)
2021-08-3127Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood, Amy) (Entered: 08/31/2021)
2021-09-01MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 29, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 9/1/2021. (lcrc2) (Entered: 09/01/2021)
2021-09-01Set/Reset Deadlines: Joint Status Report due by 10/29/2021. (zgdf) (Entered: 09/02/2021)
2021-10-01Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/01/2021)
2021-10-2928Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Curteman, Dedra) (Entered: 10/29/2021)
2021-11-01MINUTE ORDER. Upon consideration of the parties' 28 Joint Status Report, the parties are directed to file another joint status report on or before December 17, 2021. Signed by Judge Florence Y. Pan on 11/1/2021. (lcsw) (Entered: 11/01/2021)
2021-11-01Set/Reset Deadlines: Joint Status Report due by 12/17/2021. (zacr) (Entered: 11/01/2021)
2021-12-1729Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Curteman, Dedra) (Entered: 12/17/2021)
2021-12-20MINUTE ORDER. Upon consideration of the parties' 29 Joint Status Report, the parties are directed to file another joint status report on or before February 1, 2022. Signed by Judge Florence Y. Pan on 12/20/2021. (lcsw) (Entered: 12/20/2021)
2021-12-21Set/Reset Deadlines/Hearings: Joint Status Report due by 2/1/2022. (zcdw) (Entered: 12/21/2021)
2022-02-0130Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 02/01/2022)
2022-02-02MINUTE ORDER. Upon consideration of the parties' 30 Joint Status Report, the parties are directed to file another joint status report on or before March 1, 2022. Signed by Judge Florence Y. Pan on 2/2/2022. (lcsw) (Entered: 02/02/2022)
2022-02-02Set/Reset Deadlines: Joint Status Report due by 3/1/2022. (zacr) (Entered: 02/02/2022)
2022-03-0131NOTICE of Settlement Settlement Agreement by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Townsend, Margaret) (Entered: 03/01/2022)
2022-03-0132STIPULATION of Dismissal by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Curteman, Dedra) (Entered: 03/01/2022)
2022-03-0233ORDER regarding the parties' 32 Stipulation of Dismissal. Signed by Judge Florence Y. Pan on 3/2/2022. (lcsw) (Entered: 03/02/2022)
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