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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00582
Date Filed2014-04-09
Date Closed2014-09-10
JudgeJudge Ketanji Brown Jackson
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionThe Competitive Enterprise Institute submitted a FOIA request to the EPA for text messages sent to or from 11 identified agency employees whom CEI believed received text messages from Administrator Gina McCarthy that had been destroyed. CEI also requested a fee waiver and to be placed in the news media fee category. EPA denied CEI's request for a fee waiver because it had failed to show how it would broadly disseminate information. The agency also refused to categorize CEI as a representative of the news media for fee purposes because, although CEI was a source for news media outlets, it had not shown that it was a news media organization itself. CEI appealed the denial administratively, which was upheld by the agency. CEI then filed suit.
Complaint issues: Public Interest Fee Waiver - Dissemination, Fee Category - Media or Educational

DefendantUNITED STATES 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

2014-04-091COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-3679854) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons for U.S. Attorney, # 3 Summons Summons for the agency, EPA, # 4 Summons Summons for the Attorney General)(Bader, Hans) (Entered: 04/09/2014)
2014-04-092NOTICE of filing of corrected summons with correct case number and correction to case number listed on complaint by COMPETITIVE ENTERPRISE INSTITUTE re 1 Complaint, (Attachments: # 1 Summons Corrected summons for U.S. Attorney with correct case number, # 2 Summons Corrected summons for EPA with correct case number, # 3 Summons Corrected summons for Attorney General with correct case number)(Bader, Hans) (Entered: 04/09/2014)
2014-04-093Corporate Disclosure Statement by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 04/09/2014)
2014-04-09Case Assigned to Judge Ketanji Brown Jackson. (md, ) (Entered: 04/10/2014)
2014-04-104SUMMONS (3) ISSUED ELECTRONICALLY as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form)(md, ) (Entered: 04/10/2014)
2014-04-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/16/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 5/16/2014.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 4/14/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/15/2014. (Bader, Hans) (Entered: 04/25/2014)
2014-06-056NOTICE of Appearance by Mercedeh Momeni on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Momeni, Mercedeh) (Entered: 06/05/2014)
2014-06-057Defendants' ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Momeni, Mercedeh) (Entered: 06/05/2014)
2014-06-23MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file, by 7/11/2014, a joint proposed schedule for briefing or disclosure. Signed by Judge Ketanji Brown Jackson on 06/23/2014. (lckbj1) (Entered: 06/23/2014)
2014-07-118NOTICE of Filing of Joint Proposed Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Momeni, Mercedeh) (Entered: 07/11/2014)
2014-07-119GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives; failure to conform to the attached Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 07/11/2014. (lckbj1) (Entered: 07/11/2014)
2014-07-15MINUTE ORDER setting briefing schedule. The following deadlines shall govern this matter: Defendant's motion for summary judgment is due by by 8/19/2014; Plaintiff's opposition to Defendant's motion, and Plaintiff's cross-motion is due by 9/18/2014; Defendant's reply, and Defendant's opposition to Plaintiff's cross-motion is due by 10/9/2014; Plaintiff's reply is due by 10/29/2014. Signed by Judge Ketanji Brown Jackson on 07/15/2014. (lckbj1) (Entered: 07/15/2014)
2014-08-1510Consent MOTION to Amend/Correct Order, Set Deadlines,, for Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Momeni, Mercedeh) (Entered: 08/15/2014)
2014-08-18MINUTE ORDER granting, for good cause shown, 10 Motion to Amend Briefing Schedule. The deadlines in this matter are revised as follows: Defendant's motion for summary judgment is due by by 9/9/2014; Plaintiff's consolidated opposition to Defendant's motion and Plaintiff's cross-motion is due by 10/9/2014; Defendant's consolidated reply and opposition to Plaintiff's cross-motion is due by 10/30/2014; Plaintiff's reply is due by 11/19/2014. Signed by Judge Ketanji Brown Jackson on 08/18/2014. (lckbj1) (Entered: 08/18/2014)
2014-09-0811NOTICE of Settlement by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Momeni, Mercedeh) (Entered: 09/08/2014)
2014-09-0912ORDER PROVISIONALLY DISMISSING CASE DUE TO SETTLEMENT. It is hereby ORDERED that this case is DISMISSED without prejudice. If settlement is not consummated, either party may reopen the action until October 24, 2014, upon motion approved by the Court. Should counsel fail to move to reopen the case within the prescribed period, the case shall, without further order, stand dismissed with prejudice. Signed by Judge Ketanji Brown Jackson on 09/09/2014. (lckbj1) (Entered: 09/09/2014)
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