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Case TitleCENTER FOR BIOLOGICAL DIVERSITY, INC. v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00816
Date Filed2017-05-03
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY, INC.
Case DescriptionThe Center for Biological Diversity submitted two FOIA requests to the EPA for records concerning communications sent to or from EPA Administrator Scott Pruitt since he was confirmed. The agency told the Center its request was too broad. The Center appealed the denial and the agency affirmed its original decision, indicating that the Center's request was too burdensome to process. The Center's second FOIA request asked for records concerning Pruitt's schedule. The agency acknowledged receipt of the request and told the Center that it would begin processing the request. However, after hearing nothing further from the agency, the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. 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

2017-05-031COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-4937296) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to EPA, # 3 Summons to U.S Attorney General, # 4 Summons to U.S. Attorney)(Atwood, Amy) (Entered: 05/03/2017)
2017-05-032Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Atwood, Amy) (Entered: 05/03/2017)
2017-05-03Case Assigned to Judge Ketanji Brown Jackson. (md) (Entered: 05/04/2017)
2017-05-043GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 5/4/2017. (lckbj1) (Entered: 05/04/2017)
2017-05-044SUMMONS (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: 05/04/2017)
2017-05-045MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret E. Townsend, :Firm- Center for Biological Diversity, :Address- P.O. Box 11374. Phone No. - (971) 717-6409. Fax No. - (503) 283-5528 Filing fee $ 100, receipt number 0090-4940895. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, INC. (Attachments: # 1 Declaration of Margaret E. Townsend, # 2 Text of Proposed Order)(Atwood, Amy) (Entered: 05/04/2017)
2017-05-08MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Margaret E. Townsend is admitted pro hac vice in this matter as counsel for Plaintiff. Ms. Townsend is advised that, if she intends to appear in any additional matters in this Court in the next two years, she must submit a Petition for admission to the Bar of this Court. Signed by Judge Ketanji Brown Jackson on 05/08/2017. (lckbj1) (Entered: 05/08/2017)
2017-05-186NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Braswell, Marina) (Entered: 05/18/2017)
2017-05-237AMENDED COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY filed by CENTER FOR BIOLOGICAL DIVERSITY, INC..(Townsend, Margaret) (Entered: 05/23/2017)
2017-05-238REDACTED DOCUMENT- Redlined First Amended Complaint to 7 Amended Complaint by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 05/23/2017)
2017-06-029RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2017. (Atwood, Amy) (Entered: 06/02/2017)
2017-06-0210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/11/2017. (Atwood, Amy) (Entered: 06/02/2017)
2017-06-0211RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 5/10/2017 (Atwood, Amy) (Entered: 06/02/2017)
2017-06-0612Unopposed MOTION for Extension of Time to File Response/Reply to Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Braswell, Marina) (Entered: 06/06/2017)
2017-06-08MINUTE ORDER granting 12 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Defendant shall answer or otherwise respond to Plaintiff's 7 Amended Complaint on or before June 28, 2017. Signed by Judge Ketanji Brown Jackson on June 8, 2017. (lckbj2) (Entered: 06/08/2017)
2017-06-2813ANSWER to 7 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY. Related document: 7 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY, INC..(Braswell, Marina) (Entered: 06/28/2017)
2017-06-29MINUTE 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, on or before 7/13/2017. Signed by Judge Ketanji Brown Jackson on 06/29/2017. (lckbj1) (Entered: 06/29/2017)
2017-07-1314Joint STATUS REPORT and PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 07/13/2017)
2017-07-18MINUTE ORDER. Based on the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before 7/28/2017, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 07/18/2017. (lckbj1) (Entered: 07/18/2017)
2017-07-2815Joint STATUS REPORT and PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 07/28/2017)
2017-07-31MINUTE ORDER. In light of the representations in the parties' 15 Joint Status Report and Proposed Schedule, it is hereby ORDERED that, on or before October 30, 2017, the parties must submit a joint proposed schedule for further proceedings. Signed by Judge Ketanji Brown Jackson on July 31, 2017. (lckbj2) (Entered: 07/31/2017)
2017-09-15Case directly reassigned to Judge Timothy J. Kelly. Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 09/15/2017)
2017-10-3016Joint STATUS REPORT and PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 10/30/2017)
2017-10-31MINUTE ORDER: In light of the 16 Joint Status Report and Proposed Schedule filed by the parties on October 30, 2017, it is hereby ORDERED that the parties shall file a further status report, including a proposed schedule, by November 30, 2017. Signed by Judge Timothy J. Kelly on 10/31/2017. (lctjk1) (Entered: 10/31/2017)
2017-11-01Set/Reset Deadlines: Status Report due by 11/30/2017 (tj) (Entered: 11/01/2017)
2017-11-3017Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 11/30/2017)
2017-12-04MINUTE ORDER: In light of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 5, 2018. Signed by Judge Timothy J. Kelly on 12/4/2017. (lctjk1) (Entered: 12/04/2017)
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by FOIA Project Staff