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Case TitleHALL & ASSOCIATES v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01055
Date Filed2015-07-06
Date Closed2018-03-31
JudgeJudge Ketanji Brown Jackson
PlaintiffHALL & ASSOCIATES FOIA Requester
Case DescriptionHall & Associates, an environmental consulting group, submitted a FOIA request to the EPA for records concerning the agency's decision not to apply the Eighth Circuit ruling in Iowa League of Cities v. EPA nationwide. The agency provided some records, many of them heavily redacted, claiming Exemption 5 (privileges) as the basis for withholding the records. Hall & Associates appealed the decision, which was upheld by the agency. Hall & Associates then filed suit.
Complaint issues: Exemption 5 - Privileges

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [69]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-07-061COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-4163560) filed by Hall & Associates. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons to 1 Defendant & 2 Non Party, # 3 Exhibit Exhibits 1-9 w/ Index)(Rosenman, Philip) (Entered: 07/06/2015)
2015-07-06Case Assigned to Judge Ketanji Brown Jackson. (md) (Entered: 07/06/2015)
2015-07-072SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 07/07/2015)
2015-07-073GENERAL 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 this Order may, when appropriate, result in the imposition of sanctions. Signed by Judge Ketanji Brown Jackson on 07/07/2015. (lckbj1) (Entered: 07/07/2015)
2015-07-224RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 7/10/2015 (Attachments: # 1 Exhibit EPA Return Receipt)(Rosenman, Philip) (Entered: 07/22/2015)
2015-07-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/14/2015. Answer due for ALL FEDERAL DEFENDANTS by 8/13/2015. (Attachments: # 1 Exhibit USAO Return Receipt)(Rosenman, Philip) (Entered: 07/22/2015)
2015-07-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/14/2015. (Attachments: # 1 Exhibit USAG Return Receipt)(Rosenman, Philip) (Entered: 07/22/2015)
2015-07-247NOTICE of Appearance by Claire M. Whitaker on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Whitaker, Claire) (Entered: 07/24/2015)
2015-08-138ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Whitaker, Claire) (Entered: 08/13/2015)
2015-09-18MINUTE 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 a joint proposed schedule for briefing or disclosure, by 10/2/2015. Signed by Judge Ketanji Brown Jackson on 09/18/2015. (lckbj1) (Entered: 09/18/2015)
2015-10-029PROPOSED BRIEFING SCHEDULE / Joint Case Management Report by HALL & ASSOCIATES. (Rosenman, Philip) (Entered: 10/02/2015)
2015-10-06MINUTE ORDER. Based on the representations made in the Parties 9 Joint Case Management Report, it is hereby ORDERED that Plaintiff's Motion for Summary Judgment is due by 11/6/2015. Defendant's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 12/7/2015. Plaintiff's Consolidated Reply and Opposition to Cross-Motion is due by 1/8/2016. Defendant's Reply in Support of Cross-Motion is due by 1/29/2016. Signed by Judge Ketanji Brown Jackson on 10/6/2015. (lckbj1) (Entered: 10/06/2015)
2015-11-0610MOTION for Summary Judgment by HALL & ASSOCIATES (Attachments: # 1 Statement of Facts H&A's Statement of Material Undisputed Facts, # 2 Exhibit H&A's MSJ Exs. A-V)(Rosenman, Philip) (Entered: 11/06/2015)
2015-12-0211MOTION for Extension of Time to opposed Plaintiff's Motion for Summary Judgment and to file Defendant's Cross Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/02/2015)
2015-12-03MINUTE ORDER granting, for good cause shown, 11 Motion to Extend Time. It is hereby ORDERED that the briefing schedule in this matter is amended as follows: Defendant's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 12/29/2015. Plaintiff's Consolidated Reply and Opposition to Cross-Motion is due by 2/8/2016. Defendant's Reply in Support of Cross-Motion is due by 2/29/2016. Signed by Judge Ketanji Brown Jackson on 12/3/2015. (lckbj1) (Entered: 12/03/2015)
2015-12-2412Second MOTION for Extension of Time to oppose Plaintiff's Motion for Summary Judgment and to file Defendant's Cross Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/24/2015)
2015-12-26MINUTE ORDER granting, for good cause shown, Defendant's 12 Motion for Extension of Time. It is hereby ORDERED that the briefing schedule in this matter is amended as follows: Defendant's Consolidated Opposition and Cross-Motion for Summary Judgment is due by 1/8/2016. Plaintiff's Consolidated Reply and Opposition to Cross-Motion is due by 2/18/2016. Defendant's Reply in Support of Cross-Motion is due by 3/10/2016. Signed by Judge Ketanji Brown Jackson on 12/26/15. (lckbj3, ) (Entered: 12/26/2015)
2016-01-0713Third MOTION for Extension of Time to to oppose Plaintiff's Motion for Summary Judgment and to file Defendant's Cross Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Scheduling Order in Appeal not 14-1150, # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/07/2016)
2016-01-0814Memorandum in opposition to re 13 Third MOTION for Extension of Time to to oppose Plaintiff's Motion for Summary Judgment and to file Defendant's Cross Motion for Summary Judgment filed by HALL & ASSOCIATES. (Rosenman, Philip) (Entered: 01/08/2016)
2016-01-08MINUTE ORDER: On October 6, 2015, this Court entered a Minute Order adopting the parties' proposed briefing schedule in this matter. Among other things, that order set a due date of December 7, 2015, for Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment, and this Court subsequently granted Defendant two separate extensions of time with respect to this filing, pushing the deadline to January 8, 2016. Now, one day before this extended deadline, Defendant has requested a third extension, seeking an additional three weeks to file its brief. (See ECF No. 13 .) Plaintiff opposes this request for several reasons expressed in its opposition, and this Court finds that many of Plaintiff's arguments are well-founded. In light of the fact that the deadline for filing has already been extended twice at Defendant's request, and due in no small part to the alleged prejudicial effect of additional delay, this Court will permit Defendant an additional 14 days to produce its brief as ordered, and no more. Accordingly, it is hereby ORDERED that Defendant's 13 Third Motion for Extension of Time to Oppose Plaintiff's Motion for Summary Judgment and to File Defendant's Cross Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART and that Defendant shall file its consolidated Opposition and Cross-Motion on or before January 21, 2016. No further extensions of this deadline will be granted. It is FURTHER ORDERED that Plaintiff's Consolidated Reply and Opposition to Cross-Motion is due by March 3, 2016, and Defendant's Reply in Support of the Cross-Motion is due by March 24, 2016. Signed by Judge Ketanji Brown Jackson on 1/8/2015. (lckbj1) (Entered: 01/08/2016)
2016-01-2115MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration Attachment 1 (Att. 1) (Nagle Dec.), # 2 Exhibit Att. 1, Ex. A (FOIA Request), # 3 Exhibit Att. 1, Ex. B (Mod. to FOIA Req), # 4 Exhibit Att. 1, Ex. C (EPA FOIA Resp 1/22/15), # 5 Exhibit Att. 1, Ex. D (1/22/15 doc. release), # 6 Exhibit Att. 1, Ex. E (Appeal ltr), # 7 Exhibit Att. 1, Ex. F (Appeal Det), # 8 Exhibit Att. 1, Ex. G (Appeal Release of Rec), # 9 Exhibit Att. 1, Ex. H (Rosenman email), # 10 Exhibit Att. 1, Ex. I (EPA response to Rosenman), # 11 Exhibit Att. 1, Ex. J (letter to Rosenman), # 12 Exhibit Att. 1, Ex. K (Vaughn Index and Released Documents), # 13 Statement of Facts Defendant's SMF, # 14 Statement of Facts Statement Addressing Pl. Statement of Facts, # 15 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/21/2016)
2016-01-2116Memorandum in opposition to re 10 MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Whitaker, Claire) (Entered: 01/21/2016)
2016-02-1117MOTION to Strike 15 MOTION for Summary Judgment (Nagle Declaration) by HALL & ASSOCIATES (Attachments: # 1 Exhibit Motion to Strike Exs. 1-2)(Rosenman, Philip) (Entered: 02/11/2016)
2016-02-1118MOTION to Stay re Order on Motion for Extension of Time to, Set/Reset Deadlines,,,,,,,,,,,,,, (Summary Judgment Briefing) by HALL & ASSOCIATES (Rosenman, Philip) (Entered: 02/11/2016)
2016-02-12ENTERED IN ERROR.....MINUTE ORDER granting, for good cause shown, Plaintiff's 18 Motion to Stay the briefing for Defendant's 15 Motion for Summary Judgment. Defendant shall respond to Plaintiff's 17 Motion to Strike by 3/3/2016. Plaintiff's reply, if any, is due by 3/17/2016. Signed by Judge Ketanji Brown Jackson on February 12, 2016. (lckbj3, ) Modified on 2/12/2016 (zgdf). (Entered: 02/12/2016)
2016-02-1219ERRATA Notice and Corrected Motion to Strike by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Ex. A - Corrected Motion to Strike)(Rosenman, Philip) (Entered: 02/12/2016)
2016-02-12MINUTE ORDER granting, for good cause shown, Plaintiff's 18 Motion to Stay the briefing for Plaintiff's 10 Motion for Summary Judgment and Defendant's 15 Motion for Summary Judgment. Defendant shall respond to Plaintiff's 17 Motion to Strike by 3/3/2016. Plaintiff's reply, if any, is due by 3/17/2016. Signed by Judge Ketanji Brown Jackson on February 12, 2016. (lckbj3, ) (Entered: 02/12/2016)
2016-02-12NOTICE OF CORRECTED DOCKET ENTRY:Minute Order filed on 2/12/16 was entered in error and was refiled by the Law Clerk. (gdf) (Entered: 02/12/2016)
2016-02-2920Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Strike (ECF No. 17, corrected at ECF No. 19) by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/29/2016)
2016-03-02MINUTE ORDER granting, for good cause shown, 20 Consent Motion for Extension of Time to File Response/Reply re Plaintiff's 17 Motion to Strike Defendant's Motion for Summary Judgment. Defendant's response re 17 is due by 3/10/2016. Plaintiff's reply re 17 is due by 3/31/2016. Signed by Judge Ketanji Brown Jackson on 03/02/2016. (lckbj1) (Entered: 03/02/2016)
2016-03-1021Memorandum in opposition to re 17 MOTION to Strike 15 MOTION for Summary Judgment (Nagle Declaration) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Att 1 (Suppl.Nagle Decl.), # 2 Att. 2 (Kleinert Mem.Op.), # 3 Att. 3 (Bartko Mem.Op.), # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/10/2016)
2016-03-3122REPLY to opposition to motion re 17 MOTION to Strike 15 MOTION for Summary Judgment (Nagle Declaration) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. 1-2 H&A Reply on Motion to Strike)(Rosenman, Philip) (Entered: 03/31/2016)
2016-04-1123MOTION for Discovery by HALL & ASSOCIATES (Rosenman, Philip) (Entered: 04/11/2016)
2016-04-1524MOTION for Order (Defendant's Motion for In Camera Review) by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/15/2016)
2016-04-1525MOTION for Leave to File Surreply to Plaintiff's Reply to Plaintiff's Opposition to Motion to Strike Portions of Nagle Declaration and the entire Supplemental Nagle Declaration (Opposed) by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A (Jan 7, 2016 FOIA Request by Hall & Ass.), # 2 Exhibit B (Mar 30, 2016 FOIA Response from EPA), # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/15/2016)
2016-04-2226NOTICE of Appearance by John C. Hall on behalf of HALL & ASSOCIATES (Hall, John) (Entered: 04/22/2016)
2016-04-2527First MOTION for Extension of Time to Oppose Plaintiff's Motion for Discovery (ECF No. 23) until May 4, 2016 by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/25/2016)
2016-04-2628Unopposed MOTION for Extension of Time to File Response/Reply (In Camera Review; Leave to File Surreply) by HALL & ASSOCIATES (Rosenman, Philip) (Entered: 04/26/2016)
2016-04-29MINUTE ORDER granting Defendant's 24 Motion for in camera review. It is this Court's ordinary practice to examine disputed documents in FOIA cases in camera when the number of documents is sufficiently small to make it practicable to do so. Accordingly, Defendant's 24 motion for in camera review is GRANTED, and Plaintiff's 28 Unopposed Motion for Extension of Time is DENIED AS MOOT. Signed by Judge Ketanji Brown Jackson on 4/29/2016. (lckbj2) (Entered: 04/29/2016)
2016-04-29MINUTE ORDER GRANTING, for good cause shown, Defendant's 27 Motion for Extension of Time and setting a Status Conference for 5/26/2016 at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 4/29/2016. (lckbj2) (Entered: 04/29/2016)
2016-05-0229RESPONSE re 25 MOTION for Leave to File Surreply to Plaintiff's Reply to Plaintiff's Opposition to Motion to Strike Portions of Nagle Declaration and the entire Supplemental Nagle Declaration (Opposed) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. A-F - Surreply Response)(Hall, John) (Entered: 05/02/2016)
2016-05-0230MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Order,, (April 29, 2016 Minute Order - Granting In Camera Review) , MOTION for Order to Show Cause by HALL & ASSOCIATES (Attachments: # 1 Exhibit Exs. A-F - H&A Motion for Reconsideration and Motion for Show Cause Order)(Hall, John) (Entered: 05/02/2016)
2016-05-0331NOTICE (Defendant's Notice of Submission In Camera) by U.S. ENVIRONMENTAL PROTECTION AGENCY re Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Order,, (Whitaker, Claire) (Entered: 05/03/2016)
2016-05-0432Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Order,, (April 29, 2016 Minute Order - Granting In Camera Review) MOTION for Order to Show Cause , 23 MOTION for Discovery and in Reply to ECF No. 29 by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 05/04/2016)
2016-05-0433ERRATA to ECF 32 (Designation should be "Opposed" Motion by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Whitaker, Claire) (Entered: 05/04/2016)
2016-05-0534RESPONSE re 32 Unopposed MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Order,, (April 29, 2016 Minute Order - Granting In Came filed by HALL & ASSOCIATES. (Rosenman, Philip) (Entered: 05/05/2016)
2016-05-05MINUTE ORDER granting in part, for good cause shown, 32 Motion for Extension of Time to File Response re 23 Motion for Discovery, nunc pro tunc. It is hereby ORDERED that Defendant shall file a consolidated opposition to Plaintiff's 23 Motion for Discovery and 30 Motion for Reconsideration and reply in support of its 25 Motion for Leave to File a Surreply, on or before 5/13/2016. Plaintiff shall file a consolidated reply in support of its 23 Motion for Discovery and 30 Motion for Reconsideration, on or before 5/23/2016. Any further requests for extensions of time must comply with 3 the Court's General Order and Guidelines for Civil Cases. Counsel are specifically directed to Section 5 of the Appendix to the General Order and Guidelines. Signed by Judge Ketanji Brown Jackson on 06/11/2014. (lckbj1) (Entered: 05/05/2016)
2016-05-09MINUTE ORDER. It is hereby ORDERED that the Status Conference currently set for 5/26/2016 is VACATED and RESET for 6/2/2016 at 02:15 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 05/09/2016. (lckbj1) (Entered: 05/09/2016)
2016-05-0935MOTION to Hold in Abeyance (June 2, 2016 Status Conference and Plaintiff's Consolidated Reply) , MOTION for Extension of Time to File Response/Reply (Plaintiff's Consolidated Reply) by HALL & ASSOCIATES (Attachments: # 1 Exhibit Exs. 1-4 - Motion to Defer Status Conference and Extend Time on Plaintiff's Consolidated Reply)(Rosenman, Philip) (Entered: 05/09/2016)
2016-05-11MINUTE ORDER DENYING Plaintiffs' 35 Motion to Hold in Abeyance. The parties shall be prepared to discuss the status of this matter at the status conference set for 6/2/2016. Signed by Judge Ketanji Brown Jackson on 5/11/2016. (lckbj2) (Entered: 05/11/2016)
2016-05-1336Memorandum in opposition to re 23 MOTION for Discovery , 30 MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Order,, <filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A (Brief of Pettitoner CRR in CRR v. EPA), # 2 Exhibit B (Brief of Respondent EPA in CRR v. EPA), # 3 Exhibit C (Reply Brief of Petitioner CRR in CRR v. EPA), # 4 Exhibit D (Bloomberg BNA News Article, Nov. 20, 2013), # 5 Text of Proposed Order)(Whitaker, Claire) Modified on 5/16/2016 (jf). (Entered: 05/13/2016)
2016-05-1337REPLY to opposition to re 25 MOTION for Leave to File Surreply to Plaintiff's Reply to Plaintiff's Opposition to Motion to Strike Portions of Nagle Declaration and the entire Supplemental Nagle Declaration (Opposed) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (See Docket Entry 36 to view document) (jf) (Entered: 05/16/2016)
2016-05-16NOTICE OF ERROR re 36 Memorandum in Opposition; emailed to claire.whitaker@usdoj.gov, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. DO NOT REFILE-Counsel is reminded to docket all parts of their filing(s) (jf, ) (Entered: 05/16/2016)
2016-05-16MINUTE ORDER. It is hereby ORDERED that the Status Conference currently set for 6/2/2016 is VACATED and RESET for 6/3/2016 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 05/16/2016. (lckbj1) (Entered: 05/16/2016)
2016-05-2338REPLY to opposition to motion re 23 MOTION for Discovery (Consolidated Reply) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit H&A Consolidated Reply Exs. 1-9)(Hall, John) (Entered: 05/23/2016)
2016-05-2339REPLY to opposition to motion re 30 MOTION for Reconsideration re Order on Motion for Extension of Time to File Response/Reply, Order on Motion for Order,, (April 29, 2016 Minute Order - Granting In Camera Review) MOTION for Order to Show Cause (Consolidated Reply) filed by HALL & ASSOCIATES. (Hall, John) (Entered: 05/23/2016)
2016-05-2740NOTICE of New Information by HALL & ASSOCIATES (Attachments: # 1 Exhibit Exs. 1-4 - H&A Notice of New Info)(Hall, John) (Entered: 05/27/2016)
2016-05-3141NOTICE of Appearance by Gary B. Cohen on behalf of HALL & ASSOCIATES (Cohen, Gary) (Entered: 05/31/2016)
2016-06-03Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 6/3/2016. Order addressing pending motions and scheduling to be submitted by Chambers. (Court Reporter Barbara DeVico) (gdf) (Entered: 06/03/2016)
2016-06-03MINUTE ORDER: The parties appeared before this Court for a status conference on June 3, 2016. During the conference, the parties expressed, among other things, a desire to file new summary-judgment briefs due to intervening developments. In light of those wishes and the further discussion held on the record at the status conference, it is hereby ORDERED that the parties will be permitted to file new cross-motions for summary judgment and related briefs, in accordance with the following schedule: Defendant shall submit its motion for summary judgment on or before July 5, 2016; Plaintiff shall submit its combined opposition and cross-motion for summary judgment on or before August 4, 2016; Defendant shall submit its combined reply in support of its motion and opposition to Plaintiff's cross-motion on or before August 17, 2016; and Plaintiff shall submit its reply in support of its cross-motion on or before August 31, 2016. It is FURTHER ORDERED that, in light of this new round of summary-judgment briefing, Plaintiff's 10 Motion for Summary Judgment, Defendant's 15 Motion for Summary Judgment, Plaintiff's 17 Motion to Strike, and Defendant's 25 Motion for Leave to File Surreply are all DENIED AS MOOT, and Plaintiff's 23 Motion for Discovery is DENIED WITHOUT PREJUDICE. It is FURTHER ORDERED that, for the reasons stated in open court during the status conference, Plaintiff's 30 Motion for Reconsideration of this Court's Order requiring production of the documents at issue for in camera review (Minute Order of April 29, 2016) is DENIED. Signed by Judge Ketanji Brown Jackson on 6/3/2016. (lckbj2) (Entered: 06/03/2016)
2016-07-0542Consent MOTION for Extension of Time to Defendant's Motion for Summary Judgment and remaining deadlines for six working days by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/05/2016)
2016-07-06MINUTE ORDER granting, for good cause shown, 42 Consent Motion to Extend TIme. It is hereby ORDERED that the briefing schedule in this matter is amended as follows: Defendant shall submit its motion for summary judgment on or before July 13, 2016; Plaintiff shall submit its combined opposition and cross-motion for summary judgment on or before August 12, 2016; Defendant shall submit its combined reply in support of its motion and opposition to Plaintiff's cross-motion on or before August 25, 2016; and Plaintiff shall submit its reply in support of its cross-motion on or before September 9, 2016. Signed by Judge Ketanji Brown Jackson on 07/06/2016. (lckbj1) (Entered: 07/06/2016)
2016-07-1343MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Attachment 1 (Nagle Decl), # 2 Exhibit A (FOIA Req), # 3 Exhibit B (scope emails), # 4 Exhibit C (response), # 5 Exhibit D (Consol. resp), # 6 Exhibit E (Appeal ltr), # 7 Exhibit F (Appeal Det), # 8 Exhibit G (Final disp), # 9 Exhibit H (Rosenman email), # 10 Exhibit I (EPA resp), # 11 Exhibit J (Ltr to Rosenman), # 12 Exhibit K (Vaughn Index and documents), # 13 Exhibit L (Consol. FOIA Reqs), # 14 Exhibit M (Resp. to 2016-1599), # 15 Exhibit N (Response to 2014-522), # 16 Exhibit O (4-State meeting minutes), # 17 Exhibit P (desk statement), # 18 Exhibit Q (BNA Incoming press inquiry), # 19 Exhibit R (BNA article), # 20 Exhibit S (Weiss email), # 21 Exhibit T (League of Citites corresp), # 22 Attachment 2 (BNA 11/20/13 article), # 23 Statement of Facts, # 24 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/13/2016)
2016-08-1244Cross MOTION for Summary Judgment by HALL & ASSOCIATES (Attachments: # 1 Memorandum in Support H&A Supporting Memorandum of Points and Authorities, # 2 Statement of Facts H&A Material Undisputed Facts and Response to EPA Facts, # 3 Exhibit Exs. 1-11, # 4 Exhibit Exs. 12-33)(Hall, John) (Entered: 08/12/2016)
2016-08-1245RESPONSE re 43 MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Memorandum in Support H&A Supporting Memorandum of Points and Authorities, # 2 Statement of Facts H&A Material Undisputed Facts and Response to EPA Facts, # 3 Exhibit Exs. 1-11, # 4 Exhibit Exs. 12-33)(Hall, John) (Entered: 08/12/2016)
2016-08-1246MOTION to Amend/Correct 1 Complaint, by HALL & ASSOCIATES (Attachments: # 1 Memorandum in Support H&A Supporting Memorandum of Points and Authorities, # 2 Exhibit Exs. A & B, Amended Complaint, Amended Complaint (w changes notated), # 3 Exhibit Supporting Memo Exs. 1-11, # 4 Exhibit Supporting Memo Exs. 12-33)(Hall, John) (Entered: 08/12/2016)
2016-08-1247MOTION for Discovery , MOTION to Strike 43 MOTION for Summary Judgment Renewed Nagle Declaration by HALL & ASSOCIATES (Attachments: # 1 Memorandum in Support H&A Supporting Memorandum of Points and Authorities, # 2 Exhibit Supporting Memo Exs. 1-11, # 3 Exhibit Supporting Memo Exs. 12-33)(Hall, John) (Entered: 08/12/2016)
2016-08-2248Consent MOTION for Extension of Time to File Response/Reply as to 44 Cross MOTION for Summary Judgment , 46 MOTION to Amend/Correct 1 Complaint, , 43 MOTION for Summary Judgment , 47 MOTION for Discovery MOTION to Strike 43 MOTION for Summary Judgment Renewed Nagle Declaration by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/22/2016)
2016-08-2449Memorandum in opposition to re 48 Consent MOTION for Extension of Time to File Response/Reply as to 44 Cross MOTION for Summary Judgment , 46 MOTION to Amend/Correct 1 Complaint, , 43 MOTION for Summary Judgment , 47 MOTION for Discovery filed by HALL & ASSOCIATES. (Hall, John) (Entered: 08/24/2016)
2016-08-2950REPLY to opposition to motion re 48 Consent MOTION for Extension of Time to File Response/Reply as to 44 Cross MOTION for Summary Judgment , 46 MOTION to Amend/Correct 1 Complaint, , 43 MOTION for Summary Judgment , 47 MOTION for Discovery filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 08/29/2016)
2016-08-29MINUTE ORDER granting, for good cause shown, 48 Motion for Extension of Time to File Responses and Replies regarding pending motions. Defendant's Consolidated Responses to 44 , 46 , and 47 and Reply in further support of 43 is due on or before 9/16/2016; Plaintiff's Consolidated Reply in further support of 44 , 46 , and 47 is due on or before 10/14/2016. Signed by Judge Ketanji Brown Jackson on 08/29/2016. (lckbj1, ) (Entered: 08/29/2016)
2016-09-1551Unopposed MOTION for Extension of Time to File Response/Reply as to 44 Cross MOTION for Summary Judgment , 46 MOTION to Amend/Correct 1 Complaint, , 43 MOTION for Summary Judgment , 47 MOTION for Discovery MOTION to Strike 43 MOTION for Summary Judgment Renewed Nagle Declaration by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/15/2016)
2016-09-1552ERRATA to Docket Entry No. 51 - corrected to read "OPPOSED" Motion for Extension of Time by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Whitaker, Claire) (Entered: 09/15/2016)
2016-09-1653RESPONSE re 51 Unopposed MOTION for Extension of Time to File Response/Reply as to 44 Cross MOTION for Summary Judgment , 46 MOTION to Amend/Correct 1 Complaint, , 43 MOTION for Summary Judgment , 47 MOTION for Discover filed by HALL & ASSOCIATES. (Hall, John) (Entered: 09/16/2016)
2016-09-16MINUTE ORDER granting, for good cause shown, Defendant's 51 Motion for Extension of Time. Defendant's response is due on or before 9/23/2016, and Plaintiff's reply is due on or before 10/21/2016. Absent extraordinary and unexpected circumstances, no further extensions with respect to Defendant's response will be granted. Signed by Judge Ketanji Brown Jackson on 09/16/2016. (lckbj2) (Entered: 09/16/2016)
2016-09-2354Memorandum in opposition to re 44 Cross MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration (Suppl. Nagle Decl. with attachments), # 2 Statement of Facts (Defendant's Statement addressing Plaintiff's Statement of Undisputed Facts), # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/23/2016)
2016-09-2355REPLY to opposition to motion re 43 MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Whitaker, Claire) (Entered: 09/23/2016)
2016-09-2356RESPONSE re 46 MOTION to Amend/Correct 1 Complaint, , 47 MOTION for Discovery MOTION to Strike 43 MOTION for Summary Judgment Renewed Nagle Declaration filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 09/23/2016)
2016-10-2157REPLY to opposition to motion re 44 Cross MOTION for Summary Judgment , 46 MOTION to Amend/Correct 1 Complaint, filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. 34-35, H&A Reply on MSJ and Amend Complaint Motion)(Hall, John) (Entered: 10/21/2016)
2016-10-2158REPLY to opposition to motion re 47 MOTION for Discovery MOTION to Strike 43 MOTION for Summary Judgment Renewed Nagle Declaration filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. 36-37, H&A Reply on Discovery and Motion to Strike)(Hall, John) (Entered: 10/21/2016)
2016-12-23MINUTE ORDER STAYING CASE. Plaintiff has represented that one of the legal positions that Defendant has taken in the instant matter mirrors the Defendant's argument in a case that is currently pending before the D.C. Circuit. (See ECF No. 44-1, at 13 (discussing Center for Regulatory Reasonableness v. EPA (D.C. Cir. No. 14-1150)). Given this representation, and in the interest of judicial efficiency, it is hereby ORDERED that this case is administratively STAYED until further order of this Court. It is FURTHER ORDERED that, no later than 30 days after the D.C. Circuit issues its mandate in Center for Regulatory Reasonableness v. EPA (D.C. Cir. No. 14-1150), the parties shall file a joint status report that describes the parties' respective views regarding the impact of that decision, if any, on this case. Signed by Judge Ketanji Brown Jackson on December 23, 2016. (lckbj2) (Entered: 12/23/2016)
2017-06-0759NOTICE OF WITHDRAWAL OF APPEARANCE as to HALL & ASSOCIATES. Attorney Philip D. Rosenman terminated. (Rosenman, Philip) (Entered: 06/07/2017)
2017-07-1460Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Whitaker, Claire) (Entered: 07/14/2017)
2017-08-23MINUTE ORDER setting hearing on Defendant's 43 Motion for Summary Judgment and Plaintiff's 44 Cross-Motion for Summary Judgment, 46 Motion to Amend, and 47 Motion for Discovery for November 28, 2017, at 10:30 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on August 23, 2017. (lckbj2) (Entered: 08/23/2017)
2017-10-05MINUTE ORDER LIFTING STAY. Signed by Judge Ketanji Brown Jackson on October 5, 2017. (lckbj2) (Entered: 10/05/2017)
2017-11-1661ENTERED IN ERROR.....NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Hall, John) Modified on 11/17/2017 (znmw). (Entered: 11/16/2017)
2017-11-17NOTICE OF ERROR re 61 NOTICE OF SUPPLEMENTAL AUTHORITY; emailed to jhall@hall-associates.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. ENTERED IN ERROR; Incorrect format (Letter); Refile in pleading format in accordance with Local Rules. (znmw, ) (Entered: 11/17/2017)
2017-11-1762NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Ctr. for Biological Diversity v. EPA Decision)(Hall, John) (Entered: 11/17/2017)
2017-11-2663MOTION for Extension of Time to November 28, 2017, Hearing Date by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/26/2017)
2017-11-27MINUTE ORDER granting, for good cause shown, 63 Motion to Reschedule November 28, 2017 Hearing. Is is hereby ORDERED that the Motion Hearing currently set for 11/28/2017 is VACATED, and that on or before 12/1/2017, the parties shall file a notice proposing three dates for rescheduling the hearing. Signed by Judge Ketanji Brown Jackson on 11/27/2017. (lckbj1) (Entered: 11/27/2017)
2017-11-2864MOTION To Forgo Oral Argument and Accelerate Court's Decision Regarding Document Release by HALL & ASSOCIATES (Hall, John). Added MOTION to Expedite on 11/29/2017 (znmw). (Entered: 11/28/2017)
2017-11-28MINUTE ORDER. Defendant shall respond to Plaintiff's Motion 64 on or before December 1, 2017. Signed by Judge Ketanji Brown Jackson on 11/28/2017. (lckbj2) (Entered: 11/28/2017)
2017-12-0165NOTICE of Appearance by Fred Elmore Haynes on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Haynes, Fred) (Entered: 12/01/2017)
2017-12-0166RESPONSE re 64 MOTION To Forgo Oral Argument and Accelerate Court's Decision Regarding Document Release MOTION to Expedite filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Haynes, Fred) (Entered: 12/01/2017)
2017-12-0467REPLY re 66 Response to motion to Forgo Oral Argument and Accelerate Court's Decision Regarding Document Release filed by HALL & ASSOCIATES. (Hall, John) (Entered: 12/04/2017)
2017-12-04MINUTE ORDER. Based on the parties' representation, no future date shall be set for oral argument, and the Court will take this matter under advisement. Signed by Judge Ketanji Brown Jackson on 12/4/2017. (lckbj2) (Entered: 12/04/2017)
2017-12-14MINUTE ORDER. A Status Conference is set for this matter on Friday, January 26th, 2018 at 2:30pm. Signed by Judge Ketanji Brown Jackson on 12/14/2017. (lckbj2) (Entered: 12/14/2017)
2017-12-15Set/Reset Hearings: Status Conference set for 1/26/2017 at 2:30 PM in Courtroom 17 before Judge Ketanji Brown Jackson. (gdf) (Entered: 12/15/2017)
2018-01-23MINUTE ORDER: The Status Conference set for Friday, January 26, 2018 is vacated. So Ordered by Judge Ketanji Brown Jackson on 1/23/2018. (lckbj2) Modified on 1/23/2018 (zgdf). (Entered: 01/23/2018)
2018-03-3168ORDER granting in part and denying in part 43 Defendant's Motion for Summary Judgment; granting in part and denying in part 44 Plaintiff's Motion for Summary Judgment; denying 46 Plaintiff's Motion to Amend/Correct; denying 47 Plaintiff's Motion for Discovery; denying 47 Plaintiff's Motion to Strike; and finding as moot 64 Plaintiff's Motion to Expedite. Signed by Judge Ketanji Brown Jackson on 3/31/2018. (lckbj2) (Entered: 03/31/2018)
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