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Case TitleLIPTON et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02588
Date Filed2017-12-04
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffERIC LIPTON
PlaintiffNEW YORK TIMES COMPANY
Case DescriptionNew York Times reporter Eric Lipton submitted a FOIA request to the EPA for an electronic copy of Administrator Scott Pruitt's daily calendar regularly updated. Lipton also requested expedited processing and a fee waiver. The agency granted Lipton's request for expedited processing and indicated that there would be no fees associated with processing the request. After hearing nothing further from the agency, Lipton filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-041COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5232301) filed by Eric Lipton, NEW YORK TIMES COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 LCvR 7.1 Certificate)(Schulz, David) (Entered: 12/04/2017)
2017-12-04Case Assigned to Judge John D. Bates. (md) (Entered: 12/07/2017)
2017-12-052MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John Langford, :Firm- Yale Media Freedom & Information Access Clinic, :Address- P.O. Box 208215, New Haven, CT 06520-8215. Phone No. - 203-436-5831. Fax No. - 203-432-3034 Filing fee $ 100, receipt number 0090-5233543. Fee Status: Fee Paid. by Eric Lipton, NEW YORK TIMES COMPANY (Attachments: # 1 Declaration of John Langford, # 2 Text of Proposed Order)(Schulz, David) (Entered: 12/05/2017)
2017-12-053MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Charles S. Sims, :Firm- Yale Media Freedom & Information Access Clinic, :Address- 11 Times Square, New York, NY 10036, Rm. 2376. Phone No. - 917-612-6575. Fax No. - 212-969-2900 Filing fee $ 100, receipt number 0090-5234452. Fee Status: Fee Paid. by Eric Lipton, NEW YORK TIMES COMPANY (Attachments: # 1 Declaration of Charles S. Sims, # 2 Text of Proposed Order)(Schulz, David) (Entered: 12/05/2017)
2017-12-074LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW YORK TIMES COMPANY. (md) (Entered: 12/07/2017)
2017-12-075SUMMONS (1) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Notice and Consent) (md) (Entered: 12/07/2017)
2017-12-07SUMMONS Not Issued as to U.S. Attorney, U.S. Attorney General.....FOIA SUMMONS WERE NOT SUBMITTED AT THE TIME COMPLAINT WAS FILED. (md) (Entered: 12/07/2017)
2017-12-07MINUTE ORDER: Upon consideration of 2 the motion for admission of John Langford to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Clerk of Court shall enter the appearance of John Langford on behalf of plaintiffs. SO ORDERED. Signed by Judge John D. Bates on 12/7/2017. (lcjdb2) (Entered: 12/07/2017)
2017-12-07MINUTE ORDER: Upon consideration of 3 the motion for admission of Charles S. Sims to appear pro hac vice, and pursuant to Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the Clerk of Court shall enter the appearance of Charles S. Sims on behalf of plaintiffs. SO ORDERED. Signed by Judge John D. Bates on 12/7/2017. (lcjdb2) (Entered: 12/07/2017)
2018-01-086CERTIFICATE OF SERVICE by ERIC LIPTON, NEW YORK TIMES COMPANY re 1 Complaint, to Defendant U.S. Environmental Protection Agency . (Langford, John) (Entered: 01/08/2018)
2018-01-087CERTIFICATE OF SERVICE by ERIC LIPTON, NEW YORK TIMES COMPANY re 1 Complaint, to U.S. Attorney General . (Langford, John) (Entered: 01/08/2018)
2018-01-088CERTIFICATE OF SERVICE by ERIC LIPTON, NEW YORK TIMES COMPANY re 1 Complaint, to U.S. Attorney for the District of Columbia . (Langford, John) (Entered: 01/08/2018)
2018-01-09NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 8 Certificate of Service, 7 Certificate of Service, 6 Certificate of Service were filed using the incorrect event; counsel is instructed to refile using the proper Summons Returned Executed entries (as to US Attorney General, as to Federal Defendant, and in FOIA case as to U.S. Attorney) on the Service of Process menu. (znmw) (Entered: 01/09/2018)
2018-01-109NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Cohen, Jason) (Entered: 01/10/2018)
2018-01-1010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 12/11/2017 (Langford, John) (Entered: 01/10/2018)
2018-01-1011RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/13/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/12/2018. (Langford, John) (Entered: 01/10/2018)
2018-01-1012RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/12/2017. (Langford, John) (Entered: 01/10/2018)
2018-01-1013MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 01/10/2018)
2018-01-11MINUTE ORDER: Upon consideration of 13 defendant's motion for extension of time to answer, and the entire record herein, it is hereby ORDERED that the motion is GRANTED IN PART; it is further ORDERED that defendant shall file an answer or otherwise respond to the complaint by not later than February 2, 2018. SO ORDERED. Signed by Judge John D. Bates on 1/11/2018. (lcjdb2) (Entered: 01/11/2018)
2018-01-11Set/Reset Deadlines: Answer due by 2/2/2018. (tb) (Entered: 01/11/2018)
2018-02-0214ANSWER to 1 Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Cohen, Jason) Modified to add link on 2/5/2018 (znmw). (Entered: 02/02/2018)
2018-02-0215ORDER requiring the parties to submit joint or separate proposed schedules for filing dispositive motions by not later than March 2, 2018. See text of order for details. Signed by Judge John D. Bates on 2/2/2018. (lcjdb2) (Entered: 02/02/2018)
2018-02-05Set/Reset Deadlines: Proposed Briefing Schedule due by 3/2/2018. (tb) (Entered: 02/05/2018)
2018-03-0216Consent MOTION for Extension of Time to File Proposed Briefing Schedule by ERIC LIPTON, NEW YORK TIMES COMPANY (Attachments: # 1 Text of Proposed Order)(Langford, John) (Entered: 03/02/2018)
2018-03-02MINUTE ORDER: Upon consideration of 16 plaintiffs' consent motion for extension of time to file a proposed briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that the parties shall file a joint proposed briefing schedule, or else separate proposed briefing schedules, by not later than March 5, 2018. SO ORDERED. Signed by Judge John D. Bates on 3/2/2018. (lcjdb2) (Entered: 03/02/2018)
2018-03-05Set/Reset Deadlines: Joint proposed briefing schedule, or else separate proposed briefing schedules due by 3/5/2018. (tb) (Entered: 03/05/2018)
2018-03-0517PROPOSED BRIEFING SCHEDULE by Plaintiffs by ERIC LIPTON, NEW YORK TIMES COMPANY. (Attachments: # 1 Text of Proposed Order)(Langford, John) (Entered: 03/05/2018)
2018-03-0518PROPOSED BRIEFING SCHEDULE by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 03/05/2018)
2018-03-0919ORDER setting schedule for summary judgment briefing. See order for further details. Signed by Judge John D. Bates on 3/9/2018. (lcjdb2) (Entered: 03/09/2018)
2018-03-12Set/Reset Deadlines: Partial Summary Judgment motion on Claim 1 due by 3/20/2018. Cross Motion and Response due by 04/20/2018. Response and Reply to Cross Motion due by 05/11/2018. Reply to Cross Motion due by 05/25/2018. Partial Summary Judgment motion on Claim 2 due by 5/8/2018. Cross Motion and Response due by 6/8/2018. Response and Reply to Cross Motion due by 6/29/2018. Reply to Cross Motion due by 7/13/2018. Vaughn Index due by 5/8/2018. (tb) (Entered: 03/12/2018)
2018-03-2020MOTION for Partial Summary Judgment by ERIC LIPTON, NEW YORK TIMES COMPANY (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment, # 2 Statement of Facts, # 3 Declaration of John Langford, # 4 Exhibit A-T to Langford Declaration, # 5 Exhibit U to Langford Declaration, # 6 Exhibit V-BB to Langford Declaration, # 7 Declaration of Eric Lipton, # 8 Text of Proposed Order)(Langford, John) (Entered: 03/20/2018)
2018-04-1721Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Partial Summary Judgment and cross-motion for partial summary judgment on Claim 1 by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 04/17/2018)
2018-04-17MINUTE ORDER: Upon consideration of 21 defendant's unopposed motion for extension of time to file, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its response to plaintiffs' motion for partial summary judgment and any cross-motion for partial summary judgment by not later than April 25, 2018. SO ORDERED. Signed by Judge John D. Bates on 4/17/2018. (lcjdb2) (Entered: 04/17/2018)
2018-04-18Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motion due by 4/25/2018. (tb) (Entered: 04/18/2018)
2018-04-2522Unopposed MOTION for Extension of Time to File Response/Reply as to 20 MOTION for Partial Summary Judgment and cross-motion for partial summary judgment on Claim 1 by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 04/25/2018)
2018-04-25MINUTE ORDER: Upon consideration of 22 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its response to plaintiffs' motion for partial summary judgment and any cross-motion for partial summary judgment by not later than April 30, 2018, plaintiffs shall file their reply in support of their motion and their response to any cross-motion by not later than May 18, 2018, and defendant shall file its reply in support of any cross-motion by not later than June 1, 2018. SO ORDERED. Signed by Judge John D. Bates on 4/25/2018. (lcjdb2) (Entered: 04/25/2018)
2018-04-26Set/Reset Deadlines: Response and Cross Motion due by 4/30/2018. Reply and Response to Cross Motion due by 5/18/2018. Reply to Cross Motion due by 6/1/2018. (tb) (Entered: 04/26/2018)
2018-04-3023Cross MOTION for Summary Judgment on Plaintiffs' First Claim (and Opposition to Plaintiffs' Motion for Partial Summary Judgment) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Defendant's Statement of Material Facts Not in Genuine Dispute, # 2 Defendant's Response to Plaintiffs' Statement of Facts, # 3 Declaration of Larry F. Gottesman, # 4 Exhibits A-E to Gottesman Declaration, # 5 Text of Proposed Order)(Cohen, Jason) (Entered: 04/30/2018)
2018-04-3024Memorandum in opposition to re 20 MOTION for Partial Summary Judgment (see ECF No. 23) filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cohen, Jason) (Entered: 04/30/2018)
2018-05-0725Joint STATUS REPORT by ERIC LIPTON, NEW YORK TIMES COMPANY. (Langford, John) (Entered: 05/07/2018)
2018-05-1426Unopposed MOTION for Extension of Time to File Response/Reply Opposing Defendant's Cross-Motion for Partial Summary Judgment on Claim 1/in Further Support of Plaintiffs' Motion for Partial Summary Judgment on Claim 1 by ERIC LIPTON, NEW YORK TIMES COMPANY (Attachments: # 1 Text of Proposed Order)(Langford, John) (Entered: 05/14/2018)
2018-05-14MINUTE ORDER: Upon consideration of 26 plaintiffs' consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiffs shall file their reply in support of their motion for partial summary judgment and opposition to defendant's cross-motion by not later than May 25, 2018, and defendant shall file its reply in support of its cross-motion for partial summary judgment by not later than June 8, 2018. SO ORDERED. Signed by Judge John D. Bates on 5/14/2018. (lcjdb2) (Entered: 05/14/2018)
2018-05-15Set/Reset Deadlines: Reply and Response to Cross Motion due by 5/25/2018. Reply to Cross Motion due by 6/8/2018. (tb) (Entered: 05/15/2018)
2018-05-17MINUTE ORDER: Upon consideration of 20 plaintiffs' motion for partial summary judgment, 23 defendant's cross-motion for partial summary judgment, and the entire record herein, it is hereby ORDERED that a motions hearing is scheduled for June 28, 2018 at 9:30 am in Courtroom 30. Signed by Judge John D. Bates on 5/17/2018. (lcjdb2) (Entered: 05/17/2018)
2018-05-2527Memorandum in opposition to re 23 Cross MOTION for Summary Judgment on Plaintiffs' First Claim (and Opposition to Plaintiffs' Motion for Partial Summary Judgment) and Reply in Support of Plaintiffs' Motion for Partial Summary Judgment filed by ERIC LIPTON, NEW YORK TIMES COMPANY. (Attachments: # 1 Statement of Facts Responding to Defendant's Statement of Material Facts, # 2 Statement of Facts Supplementing Plaintiffs' Statement of Material Facts, # 3 Declaration of John Langford, # 4 Exhibit DD, # 5 Exhibit EE, # 6 Exhibit FF, # 7 Exhibit GG, # 8 Exhibit HH, # 9 Exhibit II, # 10 Exhibit JJ, # 11 Exhibit KK, # 12 Exhibit LL, # 13 Exhibit MM, # 14 Exhibit NN, # 15 Exhibit OO, # 16 Exhibit PP)(Langford, John) (Entered: 05/25/2018)
2018-05-2528REPLY to opposition to motion re 20 MOTION for Partial Summary Judgment filed by ERIC LIPTON, NEW YORK TIMES COMPANY. (Langford, John) (Entered: 05/25/2018)
2018-06-0729Unopposed MOTION for Extension of Time to File Response/Reply as to 23 Cross MOTION for Summary Judgment on Plaintiffs' First Claim (and Opposition to Plaintiffs' Motion for Partial Summary Judgment) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 06/07/2018)
2018-06-08MINUTE ORDER: Upon consideration of 29 defendant's unopposed motion for extension of time to file, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its reply in support of its cross-motion for partial summary judgment by not later than June 12, 2018. SO ORDERED. Signed by Judge John D. Bates on 6/8/2018. (lcjdb2) (Entered: 06/08/2018)
2018-06-08Set/Reset Deadlines: Reply to Cross Motion due by 6/12/2018. (tb) (Entered: 06/08/2018)
2018-06-1230REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment on Plaintiffs' First Claim (and Opposition to Plaintiffs' Motion for Partial Summary Judgment) filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cohen, Jason) (Entered: 06/12/2018)
2018-06-2531Letter Request for Permission for Law Student Allison Douglis to Appear for Plaintiffs at June 28, 2018, Oral Argument by ERIC LIPTON, NEW YORK TIMES COMPANY (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Langford, John) Modified on 7/10/2018 to edit the event text (zrdj). (Entered: 06/25/2018)
2018-06-2632NOTICE OF SUPPLEMENTAL AUTHORITY by ERIC LIPTON, NEW YORK TIMES COMPANY (Attachments: # 1 Exhibit QQ, # 2 Exhibit RR)(Langford, John) (Entered: 06/26/2018)
2018-06-2733ORDER re 31 Notice of Request for Permission for Law Student Allison Douglis to Appear for Plaintiffs at June 28, 2018, Oral Argument filed by NEW YORK TIMES COMPANY, ERIC LIPTON. Signed by Judge Royce C. Lamberth on 6/27/2018. (Attachments: # 1 Exhibit) (zrdj) (Entered: 06/27/2018)
2018-06-28Minute Entry for Proceedings held before Judge John D. Bates: Motions Hearing held on 6/28/2018 re: Plaintiffs' 20 Motion for Partial Summary Judgment, and Defendant's 23 Cross Motion for Summary Judgment. The Motions 20 23 were Heard and Taken Under Advisement. (Court Reporter: Janice Dickman) (jth) (Entered: 06/28/2018)
2018-07-1034ORDER denying 20 plaintiffs' Motion for Partial Summary Judgment; granting 23 defendant's Cross-Motion for Partial Summary Judgment. See text of order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 7/10/2018. (lcjdb2) (Entered: 07/10/2018)
2018-07-1035MEMORANDUM OPINION. Signed by Judge John D. Bates on 7/10/2018. (lcjdb2) (Entered: 07/10/2018)
2018-07-1336TRANSCRIPT OF PROCEEDINGS before Judge John D. Bates held on June 28, 2018; Page Numbers: 1-65. Date of Issuance:July 13, 2018. Court Reporter/Transcriber Janice Dickman, Telephone number 202-354-3267, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 8/3/2018. Redacted Transcript Deadline set for 8/13/2018. Release of Transcript Restriction set for 10/11/2018.(Dickman, Janice) (Entered: 07/13/2018)
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