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Case TitleNATURAL RESOURCES DEFENSE COUNCIL, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02734
Date Filed2017-12-21
Date Closed2018-06-27
JudgeJudge Amy Berman Jackson
PlaintiffNATURAL RESOURCES DEFENSE COUNCIL, INC.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning any awareness review conducted as part of the agency's processing of NRDC's FOIA requests. NRDC also requested a fee waiver. The agency acknowledged receipt of the request and told NRDC that it was being placed in the complex queue for processing. The agency also invited NRDC to contact the agency to discuss the dimensions of the request. NRDC contacted the agency and clarified the time frame of its request. However, after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, 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

2017-12-211COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5258669) filed by NATURAL RESOURCES DEFENSE COUNCIL, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(De Marco, Peter) (Entered: 12/21/2017)
2017-12-21Case Assigned to Judge Amy Berman Jackson. (jd) (Entered: 12/27/2017)
2017-12-272SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 12/27/2017)
2017-12-283LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL, INC. (De Marco, Peter) (Entered: 12/28/2017)
2018-01-184RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/5/2018. Answer due for ALL FEDERAL DEFENDANTS by 2/4/2018. (Attachments: # 1 Exhibit)(De Marco, Peter) (Entered: 01/18/2018)
2018-01-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General January 5, 2018. (Attachments: # 1 Exhibit)(De Marco, Peter) (Entered: 01/18/2018)
2018-01-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 1/12/2018 (Attachments: # 1 Exhibit)(De Marco, Peter) (Entered: 01/18/2018)
2018-01-267NOTICE of Appearance by William Mark Nebeker on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Nebeker, William) (Entered: 01/26/2018)
2018-02-058ANSWER to 1 Complaint, by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Nebeker, William) (Entered: 02/05/2018)
2018-02-06MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before March 6, 2018. Signed by Judge Amy Berman Jackson on 02/06/2018. (lcabj3) (Entered: 02/06/2018)
2018-03-069Joint STATUS REPORT And Proposed Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Nebeker, William) (Entered: 03/06/2018)
2018-03-09MINUTE ORDER. The Court will adopt the parties' proposed schedule for the case. Defendant must produce responsive records and a Vaughn index by April 17, 2018. By May 1, 2018, plaintiff must review the documents produced and identify any additional searches it believes are necessary and any other issues for litigation. The parties must submit a status report that includes, if necessary, a proposed schedule for further proceedings by May 15, 2018. Signed by Judge Amy Berman Jackson on 03/09/2018. (lcabj3) (Entered: 03/09/2018)
2018-04-1610Unopposed MOTION for Extension of Time to produce a Vaughn index by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 04/16/2018)
2018-04-16MINUTE ORDER granting 10 Motion for Extension of Time. Defendant shall produce a Vaughn index by May 3, 2018; plaintiff shall review the documents produced and identify any additional searches it believes are necessary by May 15, 2018; and the parties shall file a joint status report proposing a schedule for further proceedings by May 29, 2018. Signed by Judge Amy Berman Jackson on 04/16/2018. (lcabj3) (Entered: 04/16/2018)
2018-04-17Set/Reset Deadlines: Vaughn Index due by 5/3/2018. Plaintiff shall review documents produced and identify any additional searches necessary by 5/15/2018. Joint Status Report and propose schedule due by 5/29/2018. (tb) (Entered: 04/17/2018)
2018-05-2911Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Nebeker, William) (Entered: 05/29/2018)
2018-05-29MINUTE ORDER. The parties must submit another joint status report by June 11, 2018. Signed by Judge Amy Berman Jackson on 05/29/2018. (lcabj3) (Entered: 05/29/2018)
2018-06-1112Joint STATUS REPORT by NATURAL RESOURCES DEFENSE COUNCIL, INC.. (De Marco, Peter) (Entered: 06/11/2018)
2018-06-11MINUTE ORDER. The parties must submit another joint status report by June 27, 2018, which should include a proposed briefing schedule on the issue of attorneys' fees, if necessary. Signed by Judge Amy Berman Jackson on 06/11/2018. (lcabj3) (Entered: 06/11/2018)
2018-06-2613STIPULATION of Dismissal by NATURAL RESOURCES DEFENSE COUNCIL, INC.. (De Marco, Peter) (Entered: 06/26/2018)
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by FOIA Project Staff