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Case TitleBoard of Commissioners of Clermont County, Ohio v. United States Environmental Protection Agency
DistrictSouthern District of Ohio
CityCincinnati
Case Number1:2017cv00389
Date Filed2017-06-08
Date Closed2021-02-04
JudgeJudge Douglas R. Cole
PlaintiffBoard of Commissioners of Clermont County, Ohio
Case DescriptionThe Board of Commissioners of Clermont County, Ohio submitted a FOIA request to the EPA for records concerning CECOS, a closed hazardous waste site. The agency responded to the Board's request, but withheld 60 records under Exemption 5 (privileges). The Board filed an administrative appeal. In response to the Board's appeal, the agency disclosed three documents, but indicated it could not find ten documents. The Board then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-081COMPLAINT for Declaratory and Injunctive Relief against United States Environmental Protection Agency ( Filing fee $ 400 paid - receipt number: 0648-5990201), filed by Board of Commissioners of Clermont County, Ohio. (Attachments: # 1 Exhibit Exhibit 1 - March 18, 2016 FOIA Request to USEPA, # 2 Exhibit Exhibit 2 - May 6, 2016 USEPA Response to Clermont County FOIA, # 3 Exhibit Exhibit 3 - June 2, 2016 Clermont County Freedom of Information Act Appeal, # 4 Exhibit Exhibit 4 - January 24, 2017 USEPA Decision on Appeal, # 5 Exhibit Exhibit 5 - May 15, 2017 Privilege Log, # 6 Civil Cover Sheet, # 7 Summons Form, # 8 Summons Form, # 9 Summons Form) (Samuels, Stephen) (Entered: 06/08/2017)
2017-06-092If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz ***PLEASE DISREGARD PDF ATTACHED TO THIS ENTRY - FILED IN ERROR. THIS IS A TEXT ONLY ENTRY.**** (jlw) Modified on 6/12/2017 (eh). (Entered: 06/09/2017)
2017-06-093Summons Issued as to United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General (jlw) (Entered: 06/09/2017)
2017-06-124REQUEST for Issuance of Summons. Corrected Summons to USEPA (Attachments: # 1 Summons Form Corrected Summons, # 2 Summons Form Corrected Summons) (Samuels, Stephen) (Entered: 06/12/2017)
2017-06-135Summons Issued as to United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General (jlw) (Entered: 06/13/2017)
2017-06-206NOTICE of Appearance by William Bryan King, II for Defendant United States Environmental Protection Agency (King, William) (Entered: 06/20/2017)
2017-07-117SUMMONS Returned Executed as to Defendant United States Environmental Protection Agency. United States Environmental Protection Agency served on 6/20/2017, answer due 8/21/2017. (Samuels, Stephen) (Entered: 07/11/2017)
2017-07-178ANSWER to 1 Complaint,, filed by United States Environmental Protection Agency. (King, William) (Entered: 07/17/2017)
2017-08-21NOTICE of Deadline: Rule 26(f) Report due by 9/21/2017; Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; . (ba) (Entered: 08/21/2017)
2017-09-119RULE 26(f) REPORT Joint Discovery Plan by Plaintiff Board of Commissioners of Clermont County, Ohio. (Samuels, Stephen) (Entered: 09/11/2017)
2017-09-28Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/28/2017; Stephen Samuels appeared for Plaintiff; William King appeared for Defendant; parties request additional time to establish a calendar; a follow up Status Conference is set for 11/6/2017 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 8/21/17 for conferencing instructions (ba) (Entered: 09/28/2017)
2017-11-06Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/6/2017; Stephen Samuels appeared for Plaintiff; William King appeared for Defendant; the parties shall confer and follow up for a Status Conference set 1/4/2018 at 01:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 8/21/17 for conferencing instructions (ba) (Entered: 11/06/2017)
2018-01-04Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/4/2018 with Law Clerk; Stephen Samuels appeared for Plaintiff; William King appeared for Defendant; Plaintiff anticipates withdrawing certain FOIA requests by 1/16/2018; thereafter the parties will confer regarding the timing of supplemental Vaughn Index and summary judgment briefing; the parties agree to follow up for a status conference set for 1/30/2018 at 2:30 p.m. by telephone before Judge Michael R. Barrett; NOTE: parties to refer to the entry on 8/21/17 for conferencing instructions . (ba) (Entered: 01/04/2018)
2018-01-0910NOTICE by Plaintiff Board of Commissioners of Clermont County, Ohio FOLLOW-UP TO JANUARY 5, 2018 STATUS CONFERENCE (Samuels, Stephen) (Entered: 01/09/2018)
2018-01-29NOTICE of Hearing: Please be aware that the Status Conference set for 1/30/18 is RESET to 2/14/2018 at 10:30 AM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 8/21/17 for conferencing instructions (ba) (Entered: 01/29/2018)
2018-02-14Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/14/2018; Stephen Samuels appeared for Plaintiff; William King appeared for Defendant; parties request a dispositive motion deadline be set: Motions due by 3/22/2018; Response due 4/23/18; reply due 5/7/18; the Court will review the filings and proceed as necessary. (ba) (Entered: 02/14/2018)
2018-03-2211MOTION for Extension of Time to File New date requested 4/20/2018. by Defendant United States Environmental Protection Agency. (King, William) (Entered: 03/22/2018)
2018-04-2012Second MOTION for Extension of Time New date requested 4/30/2018. Extention of Time to File Dispositive Motion by Defendant United States Environmental Protection Agency. (King, William) (Entered: 04/20/2018)
2018-04-3013Third MOTION for Extension of Time New date requested 5/7/2018. by Defendant United States Environmental Protection Agency. (King, William) (Entered: 04/30/2018)
2018-05-0714MOTION for Extension of Time New date requested 5/7/2018. to File Dispositive Motion by Defendant United States Environmental Protection Agency. (King, William) (Entered: 05/07/2018)
2018-05-0915MOTION for Summary Judgment by Defendant United States Environmental Protection Agency. (Attachments: # 1 Affidavit Declaration of Senticar, # 2 Exhibit A - Vaughn Index, # 3 Exhibit B - Signed FOIA Request, # 4 Exhibit C - Water Div Resp, # 5 Exhibit D - Superfund Div Resp, # 6 Exhibit E - R5 LCD email, # 7 Exhibit F - Extension, # 8 Exhibit G - Plaintiff Email) (King, William) (Entered: 05/09/2018)
2018-05-2916First MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment New date requested 6/20/2018. by Plaintiff Board of Commissioners of Clermont County, Ohio. (Samuels, Stephen) (Entered: 05/29/2018)
2018-06-2017Second MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment New date requested 6/27/2018. by Plaintiff Board of Commissioners of Clermont County, Ohio. (Samuels, Stephen) (Entered: 06/20/2018)
2018-06-2618RESPONSE in Opposition re 15 MOTION for Summary Judgment filed by Plaintiff Board of Commissioners of Clermont County, Ohio. (Samuels, Stephen) (Entered: 06/26/2018)
2018-06-2819Affidavit of Paul Braasch by Plaintiff Board of Commissioners of Clermont County, Ohio re 18 Response in Opposition to Motion (Samuels, Stephen) Modified to correct docket text on 6/29/2018 (sct). (Entered: 06/28/2018)
2018-06-29NOTICE re 19 Affidavit: The document was filed without a certificate of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing use the Certificate of Service event found under Civil Events-Initial Pleadings and Service-Service of Process and link the event to the Affidavit when prompted. (sct) (Entered: 06/29/2018)
2018-06-2920CERTIFICATE OF SERVICE by Plaintiff Board of Commissioners of Clermont County, Ohio re 19 Notice (Other) Affidavit of Paul Braasch (Samuels, Stephen) (Entered: 06/29/2018)
2018-07-0221ORDER granting 11 Motion for Extension of Time to File; granting 12 Motion for Extension of Time; granting 13 Motion for Extension of Time; granting 14 Motion for Extension of Time; granting 15 Motion for Summary Judgment; granting 16 Motion for Extension of Time to File Response/Reply; granting 17 Motion for Extension of Time to File Response/Reply re 15 MOTION for Summary Judgment ; Responses due by 6/27/2018. Signed by Judge Michael R. Barrett on 7/2/18. (ba) (Entered: 07/02/2018)
2018-07-1022MOTION for Extension of Time to File Response/Reply as to 18 Response in Opposition to Motion New date requested 7/24/2018. by Defendant United States Environmental Protection Agency. (King, William) (Entered: 07/10/2018)
2018-07-1923ORDER granting 22 Motion for Extension of Time to File Response/Reply; Replies due by 7/24/2018. Signed by Judge Michael R. Barrett on 7/19/18. (ba) (Entered: 07/19/2018)
2018-07-2524MOTION for Extension of Time to File Response/Reply as to 18 Response in Opposition to Motion New date requested 8/7/2018. by Defendant United States Environmental Protection Agency. (King, William) (Entered: 07/25/2018)
2018-07-2725ORDER granting 24 Motion for Extension of Time to File Response/Reply; Replies due by 8/7/2018. Signed by Judge Michael R. Barrett on 7/27/18. (ba) (Entered: 07/27/2018)
2018-08-0726Third MOTION for Extension of Time to File Response/Reply as to 18 Response in Opposition to Motion New date requested 8/14/2018. by Defendant United States Environmental Protection Agency. (King, William) (Entered: 08/07/2018)
2018-08-1327ORDER granting 26 Motion for Extension of Time to File Response/Reply re 15 MOTION for Summary Judgment; Replies due by 8/14/2018. Signed by Judge Michael R. Barrett on 8/13/18. (ba) (Entered: 08/13/2018)
2018-08-1428REPLY to Response to Motion re 15 MOTION for Summary Judgment filed by Defendant United States Environmental Protection Agency. (King, William) (Entered: 08/14/2018)
2020-11-2029ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 11/20/2020. (ss) (Entered: 11/22/2020)
2020-12-15NOTATION ORDER as to 15 Defendant's Motion for Summary Judgment. Based on the Court's review of the briefing, and the small volume of documents remaining at issue, the Court ORDERS Defendant to provide the Court, in camera, a complete copy of the 21 unique records, withheld in whole or in part, under the deliberative privilege process and the 12 unique records, withheld in whole or in part, under both the deliberative process privilege and the attorney-client privilege. Defendant shall provide the documents in electronic form in single indexed pdf file organized in the same fashion as the Vaughn index, and shall submit the documents for in camera review to chambers at cole_chambers@ohsd.uscourts.gov on or before December 31, 2020. SO ORDERED. Signed by Judge Douglas R. Cole on 12/15/20. (sct) (Entered: 12/15/2020)
2021-02-0430OPINION AND ORDER granting 15 EPA's Motion for Summary Judgment. Signed by Judge Douglas R. Cole on 2/4/21. (sct) (Entered: 02/04/2021)
2021-02-0431CLERK'S JUDGMENT affirming 30 OPINION AND ORDER. (sct) (Entered: 02/04/2021)
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by FOIA Project Staff
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