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Case TitleCENTER FOR BIOLOGICAL DIVERSITY, INC. v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02562
Date Filed2017-11-29
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY, INC.
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the EPA for records concerning a directive issued by administrator Scott Pruitt to halt the Obama administration's "sue and settle" policy. In response to CBD's first FOIA request, the agency indicated that Pruitt's directive was oral and that there were no responsive records. CBD filed an administrative appeal of the no records response. CBD also submitted a second FOIA request for records concerning the directive based on a more recent search. The agency acknowledged receipt of that request. However, after hearing nothing further concerning either request, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Segregability analysis, Litigation - Attorney's fees

DefendantENVIRONMENTAL 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

2017-11-291COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5224927) filed by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons EPA, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney)(Townsend, Margaret) (Entered: 11/29/2017)
2017-11-292Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 11/29/2017)
2017-11-29Case Assigned to Judge Rudolph Contreras. (zsth) (Entered: 11/29/2017)
2017-11-293SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 11/29/2017)
2017-11-304MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jenny L. Loda, :Firm- Center for Biological Diversity, :Address- 1212 Broadway, Suite 800, Oakland, CA 94612-1810. Phone No. - (510) 844-7136. Fax No. - (510) 844-7150 Filing fee $ 100, receipt number 0090-5227711. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY, INC. (Attachments: # 1 Declaration Jenny L. Loda, # 2 Text of Proposed Order)(Townsend, Margaret) (Entered: 11/30/2017)
2017-11-30MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Jennifer L. Loda is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 11/30/2017. (lcrc1) (Entered: 11/30/2017)
2017-12-205NOTICE of Appearance by Jennifer L. Loda on behalf of CENTER FOR BIOLOGICAL DIVERSITY, INC. (Loda, Jennifer) (Entered: 12/20/2017)
2017-12-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/8/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/7/2018. (Townsend, Margaret) (Entered: 12/26/2017)
2017-12-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/06/2017. (Townsend, Margaret) (Entered: 12/26/2017)
2017-12-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 12/6/2017 (Townsend, Margaret) (Entered: 12/26/2017)
2018-01-089NOTICE OF SUBSTITUTION OF COUNSEL by April Denise Seabrook on behalf of All Defendants Substituting for attorney Joshua Kolsky (Seabrook, April) (Entered: 01/08/2018)
2018-01-0810MOTION for Extension of Time to File Response/Reply by ENVIRONMENTAL PROTECTION AGENCY (Seabrook, April) (Entered: 01/08/2018)
2018-01-08MINUTE ORDER granting 10 Defendant's Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its response to Plaintiff's Complaint on or before February 9, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 01/08/2018. (lcrc1) (Entered: 01/08/2018)
2018-02-0911ANSWER to 1 Complaint, by ENVIRONMENTAL PROTECTION AGENCY.(Seabrook, April) (Entered: 02/09/2018)
2018-02-12MINUTE ORDER: It is hereby ORDERED that the parties meet, confer, and submit a proposed briefing schedule on or before February 26, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 02/12/2018. (lcrc1) (Entered: 02/12/2018)
2018-02-14Set/Reset Deadlines: Proposed Briefing Schedule due by 2/26/2018. (tj) (Entered: 02/14/2018)
2018-02-2612Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Townsend, Margaret) (Entered: 02/26/2018)
2018-02-26MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report and Proposed Schedule, it is hereby ORDERED that the parties shall file a further joint status report and proposed schedule on or before April 30, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 02/26/2018. (lcrc1) (Entered: 02/26/2018)
2018-02-27Set/Reset Deadlines: Status Report due by 4/30/2018 (tj) (Entered: 02/27/2018)
2018-04-3013Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Loda, Jennifer) (Entered: 04/30/2018)
2018-04-30MINUTE ORDER: Upon consideration of 13 the parties' Joint Status Report and Proposed Schedule, it is hereby ORDERED that the parties shall file a further joint status report on or before June 27, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 04/30/2018. (lcrc1) (Entered: 04/30/2018)
2018-05-01Set/Reset Deadlines: Status Report due by 6/27/2018 (tj) (Entered: 05/01/2018)
2018-06-2614Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Loda, Jennifer) (Entered: 06/26/2018)
2018-06-27MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report by August 10, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 06/27/2018. (lcrc1) (Entered: 06/27/2018)
2018-06-27Set/Reset Deadlines: Status Report due by 8/10/2018 (tj) (Entered: 06/27/2018)
2018-06-28Set/Reset Deadlines: Status Report due by 8/10/2018 (tj) (Entered: 06/28/2018)
2018-08-0915Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Loda, Jennifer) (Entered: 08/09/2018)
2018-08-10MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report and Proposed Schedule, it is hereby ORDERED that the parties shall file a further joint status report on or before September 28, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 08/10/2018. (lcrc1) (Entered: 08/10/2018)
2018-08-13Set/Reset Deadlines: Joint Status Report due by 9/28/2018. (hs) (Entered: 08/13/2018)
2018-09-2816Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Loda, Jennifer) (Entered: 09/28/2018)
2018-09-28MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before October 28, 2018, unless by that time the parties have submitted a joint stipulation of dismissal. SO ORDERED. Signed by Judge Rudolph Contreras on 9/28/18. (lcrc1) (Entered: 09/28/2018)
2018-09-28Set/Reset Deadlines: Status Report due by 10/28/2018 (tj) (Entered: 09/28/2018)
2018-10-2917Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY, INC.. (Attachments: # 1 Text of Proposed Order)(Loda, Jennifer) (Entered: 10/29/2018)
2018-10-29MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit a further Joint Status Report on or before December 7, 2018, unless by that time the parties have submitted a joint stipulation of dismissal. SO ORDERED. Signed by Judge Rudolph Contreras on 10/29/18. (lcrc1) (Entered: 10/29/2018)
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