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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02112
Date Filed2016-10-24
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPEER submitted a FOIA request to the EPA for records concerning derived response levels that had not been made public when EPA published its proposed Draft Protective Action Guide for Drinking Water after a Radiological Incident. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

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

2016-10-241COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4718497) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Agency Defendant, # 3 Summons US Attorney for DC, # 4 Summons US Attorney General)(Dumais, Laura) (Entered: 10/24/2016)
2016-10-242Corporate Disclosure Statement by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dumais, Laura) (Entered: 10/24/2016)
2016-10-25Case Assigned to Judge Rudolph Contreras. (sb) (Entered: 10/25/2016)
2016-10-253SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 10/25/2016)
2016-10-314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/31/2016. Answer due for ALL FEDERAL DEFENDANTS by 11/30/2016. (Dumais, Laura) (Entered: 10/31/2016)
2016-10-315RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/31/16. (Dumais, Laura) (Entered: 10/31/2016)
2016-10-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 10/31/2016 (Dumais, Laura) (Entered: 10/31/2016)
2016-10-317ERRATA Corrected Declaration of Service by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 4 Summons Returned Executed in FOIA as to U.S. Attorney. (Dumais, Laura) (Entered: 10/31/2016)
2016-10-318ERRATA Corrected Declaration of Service by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY 5 Summons Returned Executed as to U.S. Attorney General. (Dumais, Laura) (Entered: 10/31/2016)
2016-11-309Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kelly, Wynne) (Entered: 11/30/2016)
2016-11-30MINUTE ORDER granting 9 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to the Complaint on or before December 7, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 11/30/2016. (lcrc1) (Entered: 11/30/2016)
2016-12-0710ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Kelly, Wynne) (Entered: 12/07/2016)
2016-12-07MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before December 22, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 12/7/2016. (lcrc1) (Entered: 12/07/2016)
2016-12-2211Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kelly, Wynne) (Entered: 12/22/2016)
2016-12-22MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report, it is hereby ORDERED that, on or before February 6, 2017, the parties shall meet, confer, and submit a joint status report, which shall include a briefing schedule if necessary. SO ORDERED. Signed by Judge Rudolph Contreras on 12/22/2016. (lcrc3) (Entered: 12/22/2016)
2016-12-22Set/Reset Deadlines: Status Report due by 2/6/2017 (tj) (Entered: 12/22/2016)
2017-02-0612Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dumais, Laura) (Entered: 02/06/2017)
2017-02-06MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a joint status report on or before March 8, 2017. The joint status report shall either inform the Court of the resolution of all remaining issues or include a proposed briefing schedule. SO ORDERED. Signed by Judge Rudolph Contreras on 2/6/2017. (lcrc1) (Entered: 02/06/2017)
2017-03-0713MOTION to Amend/Correct 1 Complaint, by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Attachments: # 1 Supplement Amended and supplemental complaint proposed for filing)(Dumais, Laura) (Entered: 03/07/2017)
2017-03-0814Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dumais, Laura) (Entered: 03/08/2017)
2017-03-08SCHEDULING MINUTE ORDER: Upon consideration of 14 Joint Status Report, it is hereby ORDERED that Defendant shall oppose 13 Plaintiff's Motion for Leave to File Amended and Supplemental Complaint on or before March 21, 2017 and Plaintiff shall file its reply on or before March 28, 2017. It is FURTHER ORDERED that the parties shall file a joint status report within ten days of the Court's decision on Plaintiff's motion. SO ORDERED. Signed by Judge Rudolph Contreras on 3/8/2017. (lcrc1) (Entered: 03/08/2017)
2017-03-08Set/Reset Deadlines: Responses due by 3/21/2017 Replies due by 3/28/2017. (tj) (Entered: 03/08/2017)
2017-03-2115Memorandum in opposition to re 13 MOTION to Amend/Correct 1 Complaint, filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Text of Proposed Order)(Kelly, Wynne) (Entered: 03/21/2017)
2017-03-2816REPLY to opposition to motion re 13 MOTION to Amend/Correct 1 Complaint, filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit Ex. A - February 1, 2017 EPA email, # 2 Supplement Revised amended and supplemental complaint)(Dumais, Laura) (Entered: 03/28/2017)
2017-03-2817NOTICE OF SUBSTITUTION OF COUNSEL by Damon William Taaffe on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Wynne Patrick Kelly (Taaffe, Damon) (Entered: 03/28/2017)
2017-04-0518NOTICE OF SUBSTITUTION OF COUNSEL by Paula Naomi Dinerstein on behalf of PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY Substituting for attorney Laura Marie Colangelo Dumais (Dinerstein, Paula) (Entered: 04/05/2017)
2017-05-08MINUTE ORDER granting 13 Motion for Leave to File Amended and Supplemental Complaint. The Court has considered 15 Defendant's opposition, including Defendant's argument that amendment will delay the instant action. However, because the instant action is relatively new and no briefing or other substantive activity has yet occurred, any delay would be insignificant. Furthermore, the Court notes that leave to amend is to be liberally granted under Federal Rule of Civil Procedure 15. Therefore, it is hereby ORDERED that 13 Motion for Leave to File is GRANTED. It is FURTHER ORDERED that [16-2] Plaintiff's Amended and Supplemental Complaint, as attached to its reply, is deemed filed. Signed by Judge Rudolph Contreras on 5/8/2017. (lcrc1) (Entered: 05/08/2017)
2017-05-0819AMENDED COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(znmw) (Main Document 19 replaced on 5/9/2017) (jf). (Entered: 05/09/2017)
2017-05-2220ANSWER to 19 Amended Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. Related document: 19 Amended Complaint filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.(Taaffe, Damon) (Entered: 05/22/2017)
2017-05-23MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before June 6, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/23/2017. (lcrc1) (Entered: 05/23/2017)
2017-05-23Set/Reset Deadlines: Proposed Briefing Schedule due by 6/6/2017 (hs) (Entered: 05/23/2017)
2017-05-2521Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 05/25/2017)
2017-05-25MINUTE ORDER: Upon consideration of 21 Joint Status Report, it is hereby ORDERED that Defendant shall continue to process at least 1000 potentially responsive documents per month and to release records each month on or before the 10th day of the month. It is FURTHER ORDERED that the parties shall file joint status reports every 60 days, with the first status report filed on or before June 26, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 5/25/2017. (lcrc1) (Entered: 05/25/2017)
2017-05-26Set/Reset Deadlines: Joint Status Report due by 6/26/2017 (hs) (Entered: 05/26/2017)
2017-06-2622Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 06/26/2017)
2017-08-2523Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 08/25/2017)
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by FOIA Project Staff