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Case TitleBAY JOURNAL MEDIA, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02441
Date Filed2017-11-13
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffBAY JOURNAL MEDIA, INC.
Case DescriptionBay Journal Media, publisher of the Bay Journal, which covers the Chesapeake Bay, submitted a FOIA request to the EPA for records concerning the Bay Journal and the agency's program to increase public awareness of the condition of the Chesapeake Bay. The agency acknowledged receipt of the request. The Bay Journal contacted the agency concerning the status of the request, but after hearing nothing further from the agency, Bay Journal Media filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-131COMPLAINT FOR INJUNCTIVE RELIEF against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5202017) filed by BAY JOURNAL MEDIA, INC.. (Attachments: # 1 Exhibit Ex. A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Certification LCvR 7.1)(Gross, Joel) (Entered: 11/13/2017)
2017-11-132MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Erika D. Norman, :Firm- Arnold & Porter Kaye Scholer LLP, :Address- 601 Massachusetts Avenue, NW, Washington, DC 20001-3743. Phone No. - 202.942.5000. Fax No. - 202.942.5999 Filing fee $ 100, receipt number 0090-5202081. Fee Status: Fee Paid. by BAY JOURNAL MEDIA, INC. (Attachments: # 1 Declaration Decl of Erika D. Norman)(Gross, Joel) (Entered: 11/13/2017)
2017-11-133MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josephine Morse, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553, Washington, DC 20043. Phone No. - 202.448.9090. Filing fee $ 100, receipt number 0090-5202116. Fee Status: Fee Paid. by BAY JOURNAL MEDIA, INC. (Attachments: # 1 Declaration Decl of Josephine Morse)(Gross, Joel) (Entered: 11/13/2017)
2017-11-134LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BAY JOURNAL MEDIA, INC. (Gross, Joel) (Entered: 11/13/2017)
2017-11-13Case Assigned to Judge Tanya S. Chutkan. (zsth) (Entered: 11/14/2017)
2017-11-145SUMMONS (1)Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Notice and Consent)(zsth) (Entered: 11/14/2017)
2017-11-14SUMMONS Not Issued as to UNITED STATES ATTORNEY GENERAL AND UNITED STATES ATTORNEY. (zsth) (Entered: 11/14/2017)
2017-11-14MINUTE ORDER: Granting 2 3 Motions for Leave to Appear Pro Hac Vice. Erika Danielle Norman and Josephine Morse, are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 11/14/17. (DJS) (Entered: 11/14/2017)
2017-11-306CERTIFICATE OF SERVICE by BAY JOURNAL MEDIA, INC. re 1 Complaint, Summons Not Issued . (Gross, Joel) (Entered: 11/30/2017)
2017-11-308RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 11/20/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/20/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/20/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 12/20/2017.) (See Docket Entry 6 to view document). (znmw) (Entered: 12/01/2017)
2017-12-017NOTICE of Appearance by Damon William Taaffe on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Taaffe, Damon) (Entered: 12/01/2017)
2017-12-049NOTICE of Appearance by Erika D. Norman on behalf of BAY JOURNAL MEDIA, INC. (Norman, Erika) (Entered: 12/04/2017)
2017-12-0410NOTICE of Appearance by Josephine T. Morse on behalf of BAY JOURNAL MEDIA, INC. (Morse, Josephine) (Entered: 12/04/2017)
2017-12-2111ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Taaffe, Damon) (Entered: 12/21/2017)
2017-12-21MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 1/29/18. Signed by Judge Tanya S. Chutkan on 12/21/17. (DJS) (Entered: 12/21/2017)
2017-12-22Set/Reset Deadlines: Joint Status Report due by 1/29/2018. (tb) (Entered: 12/22/2017)
2018-01-2912ERRATA by BAY JOURNAL MEDIA, INC. 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josephine Morse, :Firm- Democracy Forward Foundation, :Address- P.O. Box 34553, Washington, DC 20043. Phone No. - 202.448.9090. Filing fee $ 100, receipt number 0090-5202116 filed by BAY JOURNAL MEDIA, INC.. (Norman, Erika) (Entered: 01/29/2018)
2018-01-2913Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Taaffe, Damon) (Entered: 01/29/2018)
2018-01-30MINUTE ORDER: Having considered the parties' Joint Status Report 13 , it is hereby ORDERED that the parties will file joint status reports every 45 days beginning on March 15, 2018. Those joint status reports will update the Court on the parties progress in resolving this matter and propose a briefing schedule on any issue as to which they reach an impasse. A proposed order shall be attached if the parties propose a briefing schedule. Signed by Judge Tanya S. Chutkan on 1/30/18. (DJS) (Entered: 01/30/2018)
2018-01-31Set/Reset Deadlines: The parties will file Joint Status Reports every 45 days beginning on 3/15/2018. (jth) (Entered: 01/31/2018)
2018-03-0814NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Cohen, Jason) (Entered: 03/08/2018)
2018-03-1515Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cohen, Jason) (Entered: 03/15/2018)
2018-04-3016Joint STATUS REPORT by BAY JOURNAL MEDIA, INC.. (Gross, Joel) (Entered: 04/30/2018)
2018-05-03MINUTE ORDER: Having considered the parties' joint status report 16 , it is hereby ordered that the parties shall file another joint report by June 29, 2018 and every sixty days thereafter. The parties shall attach a proposed order to the report if the parties wish to change the current deadlines or establish a briefing schedule. Signed by Judge Tanya S. Chutkan on 5/3/18. (DJS) (Entered: 05/03/2018)
2018-05-04Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (tb) (Entered: 05/04/2018)
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by FOIA Project Staff