Case Detail

FOIA Project Annotation: Judge Paul Friedman has ruled that the EPA must provide a Vaughn Index providing the justification for withholding records on the use of the pesticide clothianidinâ€"including any agency claims that the records contain confidential business information that must be sent to the submitter for comments. The NRDC filed suit after the agency failed to respond to its request. The agency granted the group's public interest fee waiver request, but suggested that it submit a "Withholding List" describing responsive records and indicating which of those records were subject to CBI review. The NRDC would then indicate what records it wanted and the agency would commence its CBI review. Friedman rejected that idea, noting that "although it is preferable for FOIA litigants to work out a production schedule among themselves, plaintiff is under no obligation to agree to a schedule other than what would typically be legally requiredâ€"namely (1) the agency's creation and production of a Vaughn Index simultaneously with its production of nonexempt records, and (2) the prompt processing of documents suspected to contain CBIâ€"simply because the agency finds that its obligations under the FOIA are great." Friedman also pointed out that "the EPA also requests a prolonged summary judgment briefing schedule, but does not explain why such a schedule is necessary. Without agreement by the parties or some showing of necessity, the Court will not order a briefing schedule so substantially in excess of that provided for in the Local Civil Rules."
Issues: Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2008-08-18	1	COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY filed by NATURAL RESOURCES DEFENSE COUNCIL. (Attachments: # 1 Civil Cover Sheet)(td, ) (Entered: 08/19/2008)
2008-08-18		SUMMONS (3) Issued as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 08/19/2008)
2008-08-18	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL identifying Corporate Parent NONE for NATURAL RESOURCES DEFENSE COUNCIL. (td, ) (Entered: 08/19/2008)
2008-09-08	3	MOTION for Summary Judgment and Memorandum in Support by NATURAL RESOURCES DEFENSE COUNCIL (Attachments: # 1 Statement of Facts, # 2 Declaration of Aaron Colangelo, # 3 Exhibit A to Colangelo Decl., # 4 Exhibit B to Colangelo Decl., # 5 Exhibit C to Colangelo Decl., # 6 Text of Proposed Order)(Colangelo, Aaron) (Entered: 09/08/2008)
2008-09-10	4	SUMMONS Returned Executed by NATURAL RESOURCES DEFENSE COUNCIL. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 9/2/2008, answer due 10/2/2008. (Colangelo, Aaron). (Entered: 09/10/2008)
2008-10-02	5	Consent MOTION for Extension of Time to File Answer or other response and to file opposition to motion for summary judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kidwell, Judith) (Entered: 10/02/2008)
2008-10-03		MINUTE ORDER granting 5 defendant's consent motion for extension of time up to and including October 14, 2008 to answer. Signed by Judge Paul L. Friedman on October 3, 2008. (MA) (Entered: 10/03/2008)
2008-10-03		Set/Reset Deadlines: Answer due by 10/14/2008. (mm) (Entered: 10/06/2008)
2008-10-14	6	MOTION for Extension of Time to File Answer or other response, opposition to motion for summary judgment, or motion for Open America stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kidwell, Judith) (Entered: 10/14/2008)
2008-10-15	7	Memorandum in opposition to re 6 MOTION for Extension of Time to File Answer or other response, opposition to motion for summary judgment, or motion for Open America stay filed by NATURAL RESOURCES DEFENSE COUNCIL. (Colangelo, Aaron) (Entered: 10/15/2008)
2008-10-16	8	REPLY to opposition to motion re 6 MOTION for Extension of Time to File Answer or other response, opposition to motion for summary judgment, or motion for Open America stay filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kidwell, Judith) (Entered: 10/16/2008)
2008-10-21		MINUTE ORDER granting 6 deendant's motion for extension of time up to and including October 27, 2008 to answer or other response to plaintiff's complaint, to file opposition to plaintiff's motion for summary judgment or seek an open America stay. Signed by Judge Paul L. Friedman on October 21, 2008. (MA) (Entered: 10/21/2008)
2008-10-21		Set/Reset Deadlines: By 10/27/2008, defendant to answer or otherwise respond to the complaint, file an opposition to plaintiff's motion for summary judgment or seek an open America stay. (mm) (Entered: 10/21/2008)
2008-10-27	9	ANSWER to 1 Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. Related document: 1 Complaint filed by NATURAL RESOURCES DEFENSE COUNCIL.(Kidwell, Judith) (Entered: 10/27/2008)
2008-10-27	10	NOTICE of Filing of Defendant's Proposed Schedules for Processing and Release of Records and Briefing of Legal issues by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kidwell, Judith) (Entered: 10/27/2008)
2008-11-03		MINUTE ORDER: Defendant's proposed schedules for processing and release of records and briefing of legal issues 10 is properly construed as a motion for a scheduling order. Defendant's motion will be denied without prejudice for failing to comply with Local Civil Rule 7(m). Signed by Judge Paul L. Friedman on November 3, 2008. (MA) (Entered: 11/03/2008)
2008-11-03	11	MOTION for Order for Processing and Release of Records and Briefing of Legal Issues by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kidwell, Judith) (Entered: 11/03/2008)
2008-11-10	12	Memorandum in opposition to re 11 MOTION for Order for Processing and Release of Records and Briefing of Legal Issues and Reply in Support of NRDC's Motion for Summary Judgment filed by NATURAL RESOURCES DEFENSE COUNCIL. (Colangelo, Aaron) (Entered: 11/10/2008)
2008-11-10	13	REPLY to opposition to motion re 3 MOTION for Summary Judgment and Memorandum in Support and Partial Opposition to EPA's Motion for Scheduling Order filed by NATURAL RESOURCES DEFENSE COUNCIL. (Colangelo, Aaron) (Entered: 11/10/2008)
2008-11-17	14	REPLY to opposition to motion re 11 MOTION for Order for Processing and Release of Records and Briefing of Legal Issues filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kidwell, Judith) (Entered: 11/17/2008)
2009-06-23	15	ORDER denying without prejudice 3 plaintiff's Motion for Summary Judgment; denying 11 defendant's Motion for Scheduling Order. Signed by Judge Paul L. Friedman on June 23, 2009. (MA) (Entered: 06/23/2009)
2009-06-23	16	MEMORANDUM OPINION denying without prejudice plaintiff's motion for summary judgment, and denying defendant's motion for a scheduling order. An order consistent with this memorandum opinion will issue this same day. Signed by Judge Paul L. Friedman on June 23, 2009. (MA) (Entered: 06/23/2009)
2009-06-23		Set/Reset Deadlines: Defendant to produce all responsive documents, along with a Vaughn Index for any withheld documents by 7/7/2009. Summary Judgment motions due by 7/28/2009. Responses to Motions for Summary Judgment due by 8/17/2009. Replies to Motions for Summary Judgment due by 8/31/2009. (mm) (Entered: 06/24/2009)
2009-07-02	17	MOTION for Extension of Time to Complete Processing of Confidential Business Information, File Vaughn Index for CBI and file Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kidwell, Judith) (Entered: 07/02/2009)
2009-07-06	18	Memorandum in opposition to re 17 MOTION for Extension of Time to Complete Processing of Confidential Business Information, File Vaughn Index for CBI and file Motion for Summary Judgment filed by NATURAL RESOURCES DEFENSE COUNCIL. (Colangelo, Aaron) (Entered: 07/06/2009)
2009-07-07	19	NOTICE of Filing of Defendant's Declaration and Vaughn Index for Non-Confidential Business Information by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration of Calvin Furlow, # 2 Exhibit Vaughn Index)(Kidwell, Judith) (Entered: 07/07/2009)
2009-07-13	20	REPLY to opposition to motion re 17 MOTION for Extension of Time to Complete Processing of Confidential Business Information, File Vaughn Index for CBI and file Motion for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration Calvin Furlow)(Kidwell, Judith) (Entered: 07/13/2009)
2009-07-15	21	ORDER granting 17 Defendant's Motion for Enlargement of Time to Complete Processing of Confidential Business Information. Ordered that the defendant shall have until and including 9/30/2009 to complete the processing of confidential business information. Further ordered that the parties' motions for summary judgment shall be due on or before 10/30/2009, oppositions shall be filed on or before 11/16/2009 and replies shall be filed by 11/30/2009. Signed by Judge Paul L. Friedman on 7/15/2009. (mm) (Entered: 07/15/2009)
2009-07-15		Set/Reset Deadlines: Defendant has until 9/30/2009 to complete the processing of confidential business information. Summary Judgment motions due by 10/30/2009. Responses to Motions for Summary Judgment due by 11/16/2009. Replies to Motions for Summary Judgment due by 11/30/2009. (mm) (Entered: 07/15/2009)
2009-10-27	22	STIPULATION of Dismissal by NATURAL RESOURCES DEFENSE COUNCIL, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Colangelo, Aaron) (Entered: 10/27/2009)
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