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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
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)
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by FOIA Project Staff