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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY REGION 9
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02056
Date Filed2014-12-05
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPEER submitted a FOIA request to the EPA for records concerning communications between agency employees, Senate staffers, and members of the Malibu city council pertaining to possible toxic contamination of school buildings in the Malibu Santa Monica School District. The agency acknowledged receipt of the request, granted PEER a fee waiver, and took a 10-day extension. After hearing nothing further pertaining to a substantive response to its request, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY REGION 9
Documents
Docket
Complaint
Opinion/Order [30]
FOIA Project Annotation: Judge Rudolph Contreras has ruled that the EPA has so far failed to justify all its claims of the deliberative process privilege and some of its claims of attorney-client privilege under Exemption 5 (privileges) for records concerning the agency's involvement in investigating potentially toxic contamination of schools in the Santa Monica Malibu Unified School District. PEER requested the records and the EPA disclosed 451 documents with redactions and withheld 224 documents entirely. While some redactions were made under Exemption 6 (invasion of privacy), PEER primarily challenged the Exemption 5 claims, arguing the agency had failed to provide a sufficient explanation of how the records fit into the deliberative process. Contreras agreed with the agency that it was not required to pinpoint a specific decision to which a document contributed to qualify for the deliberative process privilege. But he pointed out that agencies were required to specifically tie the claims to an identifiable deliberative process and could not just claim as a general matter that the documents were deliberative. Contreras indicated that "although EPA is not required to link each document to a specific action, it must do more to tie the materials to some definable process. Armed only with these vague descriptions of the deliberative process involved, the Court does not have sufficient detail to determine whether the material withheld in many of the documents at issue is both deliberative and predecisional." Contreras faulted the EPA for routinely justifying the deliberative process privilege by noting the participants did not have decisionmaking authority. He pointed out that "conclusory statements that every author does not have decisionmaking authority‚Ä"without providing additional context, identifying the authority of the recipient, or tying the record to a particular decisionmaking process‚Ä"do not give the Court enough information to determine whether the deliberative process applies." PEER complained that the agency claimed that EPA Region 9 Regional Administrator Jared Blumenfeld did not have decisionmaking authority. Contreras observed that "presumably, as head of EPA Region 9, Mr. Blumenfled has some decision-making authority, but the Vaughn indices indicate otherwise. In fact, some of the decisions at issue in this case were made under Mr. Blumenfeld's signature." Acknowledging that many of EPA's claims might well be valid, Contreras told the agency to supplement its affidavits. He indicated that "the Court does not dictate the format of EPA's supplemental Vaughn indices. However, if EPA provides supplemental declarations or Vaughn indices, they must show, at least '(1) the nature of the specific deliberative process involved, (2) the function and significance of the documents in that process, and (3) the nature of the decisionmaking authority vested in the document's author and recipient.'" Contreras agreed with PEER that several email exchanges that did not involve an attorney were not protected by the attorney-client privilege. As to one email, he noted that "the rationale for withholding the language seems to be that it encompasses previously provided legal advice even though it was drafted by a non-lawyer, not that [the employee] was providing information for the purposes of seeking legal counsel. If that is EPA's argument, the agency has put forth no authority in support of its position." Finding that four exchanges qualified for the privilege, Contreras remanded the claims back to the agency to allow it to better justify those claims he had found insufficient.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Attorney-client privilege
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-051CIVIL COVER SHEET by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Dinerstein, Paula) (Entered: 12/05/2014)
2014-12-052COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY REGION 9 ( Filing fee $ 400 receipt number 0090-3926258) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Dinerstein, Paula) (Entered: 12/05/2014)
2014-12-053REQUEST FOR SUMMONS TO ISSUE by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Dinerstein, Paula) (Entered: 12/05/2014)
2014-12-054REQUEST FOR SUMMONS TO ISSUE by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Dinerstein, Paula) (Entered: 12/05/2014)
2014-12-055REQUEST FOR SUMMONS TO ISSUE by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Dinerstein, Paula) (Entered: 12/05/2014)
2014-12-05Case Assigned to Judge Rudolph Contreras. (sth, ) (Entered: 12/05/2014)
2014-12-056SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY REGION 9, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth, ) (Entered: 12/05/2014)
2015-01-017NOTICE of Appearance by Benton Gregory Peterson on behalf of All Defendants (Peterson, Benton) (Entered: 01/01/2015)
2015-01-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/9/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 1/8/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/9/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY REGION 9 served on 12/9/2014 (Attachments: # 1 Certificate of Service, # 2 Certificate of Service)(Dinerstein, Paula) (Entered: 01/05/2015)
2015-01-089ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY REGION 9.(Peterson, Benton) (Entered: 01/08/2015)
2015-01-09MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before January 23, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 01/09/2015. (lcrc3) (Entered: 01/09/2015)
2015-01-2310STATUS REPORT Joint Proposed Schedule by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/23/2015)
2015-01-26MINUTE ORDER: Upon consideration of 10 Joint Status Report, it is hereby ORDERED that the parties shall submit a proposed briefing schedule for motions for summary judgment on or before March 16, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 01/26/2015. (lcrc3) (Entered: 01/26/2015)
2015-01-26Set/Reset Deadlines: Proposed briefing scheduled due by 3/16/2015. (tj) (Entered: 01/26/2015)
2015-03-1611Joint MOTION for Extension of Time to File by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/16/2015)
2015-03-16MINUTE ORDER granting 11 Joint Motion for Extension of Time to File. It is hereby ORDERED that on or before March 31, 2015, the parties shall file a Joint Status Report or a Proposed Briefing Schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 03/16/2015. (lcrc3) (Entered: 03/16/2015)
2015-04-0112STATUS REPORT (Joint) by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Peterson, Benton) (Entered: 04/01/2015)
2015-04-09MINUTE ORDER: Upon consideration of the parties' 12 joint status report, it is hereby ORDERED that the parties shall attend a status hearing on April 28, 2015, at 10:00 AM in Courtroom 14. SO ORDERED. Signed by Judge Rudolph Contreras on 04/09/2015. (lcrc3) (Entered: 04/09/2015)
2015-04-28MINUTE ORDER: For the reasons stated by the Court at the April 28, 2015, Status Conference, it is hereby ORDERED that: (1) Defendant shall produce a complete Vaughn index on or before June 8, 2015; (2) Defendant shall produce a partial Vaughn index for 250 documents every two weeks between the date of this order and June 8, 2015; (3) Defendant may group drafts of the same document when preparing the Vaughn index; (4) the parties shall meet and confer regarding the email attachment issue and submit a Joint Status Report on May 13, 2015; and (5) the parties shall attend a Status Conference on June 9, 2015, at 10:00 AM in Courtroom 14. SO ORDERED. Signed by Judge Rudolph Contreras on 04/28/2015. (lcrc3) (Entered: 04/28/2015)
2015-04-28Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 4/28/2015. The parties advise the court of the status of the production of documents. Order to follow. Next status conference set for 6/9/2015 @ 10:00 AM in Courtroom 14 before Judge Rudolph Contreras. (Court Reporter: Annette Montalvo.) (tj ) (Entered: 04/28/2015)
2015-05-1313STATUS REPORT (JOINT) by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Peterson, Benton) (Entered: 05/13/2015)
2015-06-09Minute Entry for proceedings held before Judge Rudolph Contreras: Status Conference held on 6/9/2015. Parties report the status of this action. Joint status report, with proposed briefing schedule, due by 6/30/2015. (Court Reporter: Annette Montalvo.) (tj) (Entered: 06/09/2015)
2015-06-3014STATUS REPORT Joint by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 06/30/2015)
2015-06-30MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit a proposed briefing schedule on or before July 20, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 06/30/2015. (lcrc3) (Entered: 06/30/2015)
2015-06-30Set/Reset Deadlines: Proposed briefing schedule due by 7/20/2015. (gdf) (Entered: 06/30/2015)
2015-07-2015STATUS REPORT and Briefing Schedule (Joint) by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Peterson, Benton) (Entered: 07/20/2015)
2015-07-20MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report and Proposed Briefing Schedule, it is hereby ORDERED that: Defendant shall file its motion for summary judgment on or before September 14, 2015; Plaintiffs shall file their opposition to Defendant's motion and any cross-motion for summary judgment on or before October 14, 2015; Defendant shall file any reply in support of its motion and its opposition to any cross-motion on or before November 4, 2015; and Plaintiff shall file any reply in support of any cross-motion on or before November 25, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 07/20/2015. (lcrc3) (Entered: 07/20/2015)
2015-09-1016Joint MOTION for Extension of Time to File by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/10/2015)
2015-09-10MINUTE ORDER granting 16 Joint Motion to Adjust Briefing Schedule: It is hereby ORDERED that Defendant shall file its motion for summary judgment on or before October 9, 2015; Plaintiff shall file its opposition to Defendant's motion for summary judgment on or before October 30, 2015; and Defendant shall file its reply in support of its motion for summary judgment on or before November 17, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 09/10/2015. (lcrc3) (Entered: 09/10/2015)
2015-09-10Set/Reset Deadlines: Summary Judgment motions due by 10/9/2015. Response to Motion for Summary Judgment due by 10/30/2015. Reply to Motion for Summary Judgment due by 11/17/2015. (tj) (Entered: 09/10/2015)
2015-10-0917Consent MOTION for Extension of Time to File by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/09/2015)
2015-10-09MINUTE ORDER granting 17 Defendant's Consent Motion for Extension of Time to File: It is hereby ordered that Defendant shall file its motion for summary judgment on or before October 14, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 10/09/2015. (lcrc3) (Entered: 10/09/2015)
2015-10-13Set/Reset Deadlines: Summary Judgment motion due by 10/14/2015. (gdf) (Entered: 10/13/2015)
2015-10-1418MOTION for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Declaration, # 4 Text of Proposed Order)(Peterson, Benton) (Entered: 10/14/2015)
2015-10-2919Joint MOTION for Extension of Time to File Summary Judgment Briefs by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Dinerstein, Paula) (Entered: 10/29/2015)
2015-10-29MINUTE ORDER granting 19 the parties' Joint Motion to Extend Briefing Schedule: It is hereby ORDERED that Plaintiff shall file its opposition to 18 Defendant's motion for summary judgment and its cross-motion for summary judgment on or before November 13, 2015; Defendant shall file its reply in support of its motion for summary judgment and its opposition to Plaintiff's cross-motion for summary judgment on or before December 10, 2015; and Plaintiff shall file its reply in support of its motion for summary judgment on or before December 24, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 10/29/2015. (lcrc3) (Entered: 10/29/2015)
2015-11-1320MOTION for Summary Judgment by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 51, # 51 Exhibit Exhibit 52, # 52 Exhibit Exhibit 53, # 53 Exhibit Exhibit 54, # 54 Exhibit Exhibit 55, # 55 Exhibit Exhibit 56, # 56 Exhibit Exhibit 57, # 57 Exhibit Exhibit 58, # 58 Exhibit Exhibit 59, # 59 Exhibit Exhibit 60, # 60 Exhibit Exhibit 61, # 61 Exhibit Exhibit 62, # 62 Exhibit Exhibit 63, # 63 Exhibit Exhibit 64, # 64 Exhibit Exhibit 65, # 65 Exhibit Exhibit 66, # 66 Exhibit Exhibit 67, # 67 Exhibit Exhibit 68, # 68 Exhibit Exhibit 69, # 69 Exhibit Exhibit 70, # 70 Exhibit Exhibit 71, # 71 Exhibit Exhibit 72, # 72 Exhibit Exhibit 73, # 73 Exhibit Exhibit 74, # 74 Exhibit Exhibit 75, # 75 Exhibit Exhibit 76, # 76 Exhibit Exhibit 77, # 77 Exhibit Exhibit 78, # 78 Exhibit Exhibit 79, # 79 Exhibit Exhibit 80, # 80 Exhibit Exhibit 81, # 81 Exhibit Exhibit 82, # 82 Exhibit Exhibit 83, # 83 Exhibit Exhibit 84, # 84 Exhibit Exhibit 85, # 85 Exhibit Exhibit 86, # 86 Exhibit Exhibit 87, # 87 Exhibit Exhibit 88, # 88 Exhibit Exhibit 89, # 89 Exhibit Exhibit 90, # 90 Exhibit Exhibit 91, # 91 Exhibit Exhibit 92, # 92 Exhibit Exhibit 93, # 93 Exhibit Exhibit 94, # 94 Exhibit Exhibit 95, # 95 Exhibit Exhibit 95 A, # 96 Exhibit Exhibit 96, # 97 Exhibit Exhibit 98, # 98 Exhibit Exhibit 99, # 99 Exhibit Exhibit 100, # 100 Exhibit Exhibit 101, # 101 Exhibit Exhibit 102, # 102 Exhibit Exhibit 103, # 103 Exhibit Exhibit 104, # 104 Exhibit Exhibit 105, # 105 Exhibit Exhibit 106, # 106 Exhibit Exhibit 107, # 107 Exhibit Exhibit 108, # 108 Exhibit Exhibit 109, # 109 Exhibit Exhibit 110, # 110 Exhibit Exhibit 111, # 111 Exhibit Exhibit 112, # 112 Exhibit Exhibit 113, # 113 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 11/13/2015)
2015-11-1321Memorandum in opposition to re 18 MOTION for Summary Judgment of Defendant filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 11/13/2015)
2015-12-1022Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 12/10/2015)
2015-12-11MINUTE ORDER granting 22 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its reply in support of 18 its motion for summary judgment and its opposition to 20 Plaintiff's cross-motion for summary judgment on or before December 16, 2015 and Plaintiff shall file its reply in support of 20 its motion for summary judgment on or before January 20, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 12/11/2015. (lcrc3) (Entered: 12/11/2015)
2015-12-1623Consent MOTION for Extension of Time to File Response/Reply by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Peterson, Benton) (Entered: 12/16/2015)
2015-12-17MINUTE ORDER granting 23 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its reply in support of 18 its motion for summary judgment and its opposition to 20 Plaintiff's cross-motion for summary judgment on December 17, 2015. SO ORDERED. Signed by Judge Rudolph Contreras on 12/17/2015. (lcrc3) (Entered: 12/17/2015)
2015-12-1724Memorandum in opposition to re 18 MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Attachments: # 1 Declaration)(Peterson, Benton) (Entered: 12/17/2015)
2015-12-1725REPLY to opposition to motion re 18 MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Attachments: # 1 Declaration)(Peterson, Benton) (Entered: 12/17/2015)
2016-01-0526NOTICE of Filing Amended Vaughn Indices by ENVIRONMENTAL PROTECTION AGENCY REGION 9 re 20 MOTION for Summary Judgment , 25 Reply to opposition to Motion (Attachments: # 1 Exhibit, # 2 Exhibit)(Peterson, Benton) (Entered: 01/05/2016)
2016-01-2027REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 01/20/2016)
2016-02-0928NOTICE of Change of Mailing Address by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Dinerstein, Paula) (Entered: 02/09/2016)
2016-09-3029ORDER granting in part and denying in part 18 Defendants motion for summary judgment and denying 20 Plaintiffs cross-motion for summary judgment. See document for details. Signed by Judge Rudolph Contreras on 9/30/2016. (lcrc3) (Entered: 09/30/2016)
2016-09-3030MEMORANDUM OPINION granting in part and denying in part 18 Defendants motion for summary judgment and denying 20 Plaintiffs cross-motion for summary judgment. See document for details. Signed by Judge Rudolph Contreras on 9/30/2016. (lcrc3) (Entered: 09/30/2016)
2016-10-2731MOTION for Extension of Time to File Defendant's Supplemental Motion by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/27/2016)
2016-10-27MINUTE ORDER granting 31 Defendant's unopposed Motion for Extension of Time to File Supplemental Motion: It is hereby ORDERED that Defendant shall file its supplemental Vaughn indices on or before November 15, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 10/27/2016. (lcrc3) (Entered: 10/27/2016)
2016-10-28Set/Reset Deadlines: Supplemental Vaughn Index due by 11/15/2016. (tj) (Entered: 10/28/2016)
2016-11-1532Consent MOTION for Extension of Time to File by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Peterson, Benton) (Entered: 11/15/2016)
2016-11-16MINUTE ORDER granting 32 Defendant's Consent Motion for Extension of Time to File Supplemental Motion: It is hereby ORDERED that Defendant shall file its Supplemental Motion for Summary Judgment on or before November 17, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 11/16/2016. (lcrc3) (Entered: 11/16/2016)
2016-11-1733MOTION for Summary Judgment Renewed by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Exhibit, # 2 Declaration)(Peterson, Benton) (Entered: 11/17/2016)
2016-11-2834Joint MOTION for Extension of Time to File Summary Judgment Briefs by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 11/28/2016)
2016-12-15MINUTE ORDER granting 34 the parties' Joint Motion to Extend Briefing Schedule: It is hereby ORDERED that Plaintiff shall file its opposition to Defendant's renewed motion for summary judgment on or before December 21, 2016 and Defendant shall file its reply on or before January 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/15/2016. (lcrc3) (Entered: 12/15/2016)
2016-12-2035Joint MOTION to Stay re Order on Motion for Extension of Time to File, Briefing on Summary Judgment by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 12/20/2016)
2016-12-20MINUTE ORDER granting 35 the parties' Joint Motion to Stay Briefing Schedule: It is hereby ORDERED that the current briefing schedule in this case shall be STAYED until January 23, 2017. It is FURTHER ORDERED that the parties shall meet, confer, and submit a joint status report on or before January 23, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/20/2016. (lcrc3) (Entered: 12/20/2016)
2016-12-22Set/Reset Deadlines:( Status Report due by 1/23/2017), Case Stayed (tj) (Entered: 12/22/2016)
2017-01-2336Joint MOTION for Briefing Schedule and Status Report by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order)(Dinerstein, Paula) (Entered: 01/23/2017)
2017-01-23MINUTE ORDER granting 36 the parties' Joint Motion for Revised Briefing Schedule: It is hereby ORDERED that Defendant shall file a supplement to its renewed motion for summary judgment on or before February 15, 2017; Plaintiff shall file its opposition and cross-motion on or before March 15, 2017; Defendant shall file its opposition and reply on or before April 21, 2017; and Plaintiff shall file its reply on or before May 12, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 1/23/2017. (lcrc3) (Entered: 01/23/2017)
2017-01-25Set/Reset Deadlines: Supplemental Memorandum due by 2/15/2017; Cross Motions due by 3/15/2017. Opposition due by 3/15/2017; Response to Cross Motions due by 4/21/2017. Reply to Cross Motions due by 5/12/2017. (tj) (Entered: 01/25/2017)
2017-02-1537SUPPLEMENTAL MEMORANDUM to re 33 MOTION for Summary Judgment Renewed filed by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 02/15/2017)
2017-03-1538MOTION for Summary Judgment Renewed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Exhibit Ex. 1 PRD 642, # 2 Exhibit Ex. 2 PRD 827, # 3 Exhibit Ex. 3 PRD 1108, # 4 Exhibit Ex. 4 PRD 1352, # 5 Exhibit Ex. 5 PRD 1378, # 6 Exhibit Ex. 6 PRD 1449, # 7 Exhibit Ex. 7 PRD 1617, # 8 Exhibit Ex. 8 PRD 1888, # 9 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 03/15/2017)
2017-03-1539Memorandum in opposition to re 33 MOTION for Summary Judgment Renewed filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit Ex. 1 PRD 642, # 2 Exhibit Ex. 2 PRD 827, # 3 Exhibit Ex. 3 PRD 1108, # 4 Exhibit Ex. 4 PRD 1352, # 5 Exhibit Ex. 5 PRD 1378, # 6 Exhibit Ex. 6 PRD 1449, # 7 Exhibit Ex. 7 PRD 1617, # 8 Exhibit Ex. 8 PRD 1888, # 9 Text of Proposed Order Proposed Order)(Dinerstein, Paula) (Entered: 03/15/2017)
2017-03-1540ERRATA Corrected Exhibit 1 by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 38 MOTION for Summary Judgment Renewed filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit Corrected Exhibit 1 PRD 642)(Dinerstein, Paula) (Entered: 03/15/2017)
2017-03-1541ERRATA Corrected Exhibit 1 by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 39 Memorandum in Opposition, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit Corrected Exhibit 1 PRD 642)(Dinerstein, Paula) (Entered: 03/15/2017)
2017-04-1742Consent MOTION for Extension of Time to File Response/Reply by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/17/2017)
2017-04-18MINUTE ORDER granting 42 Consent Motion for an Extension of Time: It is hereby ORDERED that Defendant shall file its response to Plaintiff's renewed cross-motion for summary judgment on or before May 11, 2017 and Plaintiff shall file its reply on or before June 1, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 4/18/2017. (lcrc3) (Entered: 04/18/2017)
2017-05-1143Memorandum in opposition to re 38 MOTION for Summary Judgment Renewed filed by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Attachments: # 1 Declaration, # 2 Exhibit)(Peterson, Benton) (Entered: 05/11/2017)
2017-05-1144REPLY to opposition to motion re 33 MOTION for Summary Judgment Renewed filed by ENVIRONMENTAL PROTECTION AGENCY REGION 9. (Attachments: # 1 Declaration, # 2 Exhibit)(Peterson, Benton) (Entered: 05/11/2017)
2017-06-0145REPLY to opposition to motion re 33 MOTION for Summary Judgment Renewed filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 06/01/2017)
2017-10-0546ORDER directing Defendant to submit disputed records for in camera review. See document for details. Signed by Judge Rudolph Contreras on October 5, 2017. (lcrc2) (Entered: 10/05/2017)
2017-10-1247NOTICE of Ex Parte In Camera Filing by ENVIRONMENTAL PROTECTION AGENCY REGION 9 (Peterson, Benton) (Entered: 10/12/2017)
2017-12-1148ORDER granting in part and denying in part 33 Defendant's renewed motion for summary judgment; granting in part and denying in part 38 Plaintiff's renewed cross-motion for summary judgment. See document for details. Signed by Judge Rudolph Contreras on December 11, 2017. (lcrc2) (Entered: 12/11/2017)
2017-12-1149MEMORANDUM OPINION granting in part and denying in part 33 Defendant's renewed motion for summary judgment and granting in part and denying in part 38 Plaintiff's renewed cross-motion for summary judgment. See document for details. Signed by Judge Rudolph Contreras on December 11, 2017. (lcrc2) (Entered: 12/11/2017)
2017-12-2150Consent MOTION for Extension of Time to File Motion for Attorneys' Fees by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Text of Proposed Order proposed order)(Dinerstein, Paula) (Entered: 12/21/2017)
2017-12-21MINUTE ORDER granting 50 Consent Motion for Extension of Time: It is hereby ORDERED that Plaintiff shall file any motion for an award of attorney's fees and litigation expenses on or before January 25, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 12/21/2017.(lcrc3) (Entered: 12/21/2017)
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