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Case TitleEcological Rights Foundation v. United States Environmental Protection Agency
DistrictNorthern District of California
CityOakland
Case Number4:2018cv00394
Date Filed2018-01-18
Date ClosedOpen
JudgeMagistrate Judge Donna M. Ryu
PlaintiffEcological Rights Foundation
Case DescriptionThe Ecological Rights Foundation submitted a FOIA request to the EPA for records concerning instructions by the Trump administration prohibiting employees from speaking to the media. The agency acknowledged receipt of the request. The agency later told the Ecological Rights Foundation that it had uploaded its response to the FOIA Online system and would send the Foundation a link. However, after hearing nothing further from the agency, the Ecological Rights Foundation filed suit. This seems to be the same complaint as 3:18-cv-00394.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-181COMPLAINT for declaratory and injunctive relief against United States Environmental Protection Agency ( Filing fee $ 400, receipt number 0971-12033786.). Filed byEcological Rights Foundation. (Attachments: # 1 Civil Cover Sheet)(Sproul, Christopher) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-182Proposed Summons. (Sproul, Christopher) (Filed on 1/18/2018) (Entered: 01/18/2018)
2018-01-193Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/2/2018. (cfeS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-194Summons Issued as to United States Environmental Protection Agency. (vlkS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-195Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/11/2018. Initial Case Management Conference set for 4/18/2018 01:30 PM. (vlkS, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-196NOTICE of Appearance by Fredric Evenson as counsel for Plaintiff Ecological Rights Foundation (Evenson, Fredric) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-197NOTICE of Appearance by Heather Rose Kryczka as counsel for Plaintiff Ecological Rights Foundation (Kryczka, Heather) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-198CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ecological Rights Foundation.. (Kryczka, Heather) (Filed on 1/19/2018) (Entered: 01/19/2018)
2018-01-269NOTICE of Appearance by Molly Anna Coyne (Coyne, Molly) (Filed on 1/26/2018) (Entered: 01/26/2018)
2018-02-2310ANSWER to Complaint for Declaratory and Injuctive Relief byUnited States Environmental Protection Agency. (Reding, Ann) (Filed on 2/23/2018) (Entered: 02/23/2018)
2018-02-2611CERTIFICATE OF SERVICE by Ecological Rights Foundation (Attachments: # 1 Certificate/Proof of Service, # 2 Certificate/Proof of Service, # 3 Certificate/Proof of Service, # 4 Certificate/Proof of Service)(Kryczka, Heather) (Filed on 2/26/2018) (Entered: 02/26/2018)
2018-02-2712CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/13/2018. (ig, COURT STAFF) (Filed on 2/27/2018) (Entered: 02/27/2018)
2018-02-2813MOTION for Summary Judgment filed by Ecological Rights Foundation. Motion Hearing set for 4/12/2018 11:00 AM before Magistrate Judge Donna M. Ryu. Responses due by 3/14/2018. Replies due by 3/21/2018. (Attachments: # 1 Declaration Sproul Declaration, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Proposed Order Proposed Order)(Sproul, Christopher) (Filed on 2/28/2018) (Entered: 02/28/2018)
2018-03-0114AMENDED CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/8/2018. (ig, COURT STAFF) (Filed on 3/1/2018) (Entered: 03/01/2018)
2018-03-0615ADMINISTRATIVE MOTION Modify Briefing Schedule filed by United States Environmental Protection Agency. Responses due by 3/12/2018. (Attachments: # 1 Declaration of Elizabeth White, # 2 Declaration of Ann Marie Reding, # 3 Proposed Order)(Reding, Ann) (Filed on 3/6/2018) Modified on 3/7/2018 (cjlS, COURT STAFF). (Entered: 03/06/2018)
2018-03-0816CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Environmental Protection Agency. (Reding, Ann) (Filed on 3/8/2018) Modified on 3/9/2018 (jjbS, COURT STAFF). (Entered: 03/08/2018)
2018-03-1217OPPOSITION/RESPONSE (re 15 ADMINISTRATIVE MOTION Modify Briefing Schedule ) filed byEcological Rights Foundation. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Supplement, # 9 Proposed Order)(Kryczka, Heather) (Filed on 3/12/2018) Modified on 3/13/2018 (jjbS, COURT STAFF). (Entered: 03/12/2018)
2018-03-1218Order by Magistrate Judge Donna M. Ryu granting in part and denying in part 15 Administrative Motion to Change Time. The request for a stay of this action is denied. The briefing schedule for Plaintiff's Motion for Summary Judgment 13 is modified as follows: opposition due by 4/25/2018. Reply due by 5/9/2018. The court will set a hearing on the motion upon completion of the briefing. (This is a text-only entry; there is no document associated with this entry.)(dmrlc1, COURT STAFF) (Filed on 3/12/2018) Modified on 3/12/2018 (dmrlc1, COURT STAFF). (Entered: 03/12/2018)
2018-03-2719ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kryczka, Heather) (Filed on 3/27/2018) (Entered: 03/27/2018)
2018-03-2720Certificate of Interested Entities by Ecological Rights Foundation (Kryczka, Heather) (Filed on 3/27/2018) (Entered: 03/27/2018)
2018-04-1021STIPULATION WITH PROPOSED ORDER re 5 Initial Case Management Scheduling Order with ADR Deadlines filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration of Ann Marie Reding)(Reding, Ann) (Filed on 4/10/2018) (Entered: 04/10/2018)
2018-04-1122Order by Magistrate Judge Donna M. Ryu granting 21 Stipulation Continuing Initial Case Management Conference.(dtmS, COURT STAFF) (Filed on 4/11/2018) (Entered: 04/11/2018)
2018-04-2523MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Cross Motion for Summary Judgment, and Opposition to Plaintiff's Motion for Summary Judgment filed by United States Environmental Protection Agency. Motion Hearing set for 6/14/2018 11:00 AM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 5/9/2018. Replies due by 5/16/2018. (Attachments: # 1 Declaration of Elizabeth White, # 2 Declaration Ann Marie Reding, # 3 Proposed Order)(Reding, Ann) (Filed on 4/25/2018) (Entered: 04/25/2018)
2018-05-0324MOTION for Leave to File Amended Complaint filed by Ecological Rights Foundation. (Attachments: # 1 Exhibit Exhibit 1)(Sproul, Christopher) (Filed on 5/3/2018) (Entered: 05/03/2018)
2018-05-0325Proposed Order re 24 MOTION for Leave to File Amended Complaint by Ecological Rights Foundation. (Sproul, Christopher) (Filed on 5/3/2018) (Entered: 05/03/2018)
2018-05-0926REPLY (re 13 MOTION for Summary Judgment , 23 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Cross Motion for Summary Judgment, and Opposition to Plaintiff's Motion for Summary Judgment ) filed byEcological Rights Foundation. (Attachments: # 1 Proposed Order, # 2 Declaration Sproul Declaration, # 3 Exhibit Sproul Ex. 1, # 4 Exhibit Sproul Ex. 2, # 5 Exhibit Sproul Ex. 3, # 6 Exhibit Sproul Ex. 4, # 7 Exhibit Sproul Ex. 5, # 8 Exhibit Sproul Ex. 6, # 9 Exhibit Sproul Ex. 7, # 10 Exhibit Sproul Ex. 8, # 11 Exhibit Sproul Ex. 9, # 12 Exhibit Sproul Ex. 10, # 13 Exhibit Sproul Ex. 11, # 14 Exhibit Sproul Ex. 12, # 15 Exhibit Sproul Ex. 13, # 16 Exhibit Sproul Ex. 14)(Sproul, Christopher) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-1627REPLY (re 23 MOTION to Dismiss for Lack of Jurisdiction , or in the Alternative, Cross Motion for Summary Judgment, and Opposition to Plaintiff's Motion for Summary Judgment ) filed byUnited States Environmental Protection Agency. (Attachments: # 1 Declaration of Elizabeth White)(Reding, Ann) (Filed on 5/16/2018) (Entered: 05/16/2018)
2018-05-1728OPPOSITION/RESPONSE (re 24 MOTION for Leave to File Amended Complaint ) filed byUnited States Environmental Protection Agency. (Attachments: # 1 Declaration of Ann Marie Reding, # 2 Proposed Order)(Reding, Ann) (Filed on 5/17/2018) (Entered: 05/17/2018)
2018-05-2429REPLY (re 24 MOTION for Leave to File Amended Complaint ) filed byEcological Rights Foundation. (Attachments: # 1 Declaration Sproul Declaration, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6)(Sproul, Christopher) (Filed on 5/24/2018) (Entered: 05/24/2018)
2018-05-2830Notice of Errata by Ecological Rights Foundation re 29 Reply to Opposition/Response, (Attachments: # 1 Exhibit 1 Corrected Proposed Amended Complaint, # 2 Exhibit 2 Reply Motion for Leave)(Kryczka, Heather) (Filed on 5/28/2018) Modified on 5/29/2018 (jjbS, COURT STAFF). Modified on 5/29/2018 (jjbS, COURT STAFF). (Entered: 05/28/2018)
2018-06-0631ORDER re June 14, 2018 Hearing. Signed by Magistrate Judge Donna M. Ryu on 6/6/2018. (dmrlc1, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)
2018-06-1432Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Motion Hearing held on 6/14/2018 re 13 Plaintiff's Motion for Summary Judgment, 23 Defendant's Motion to Dismiss, or in the Alternative, Cross Motion for Summary Judgment, and 24 Plaintiff's Motion for Leave to File Amended Complaint, all motions are denied without prejudice. ***Motions terminated: 13 Motion for Summary Judgment, 23 Motion to Dismiss, or in the Alternative, Cross Motion for Summary Judgment, and 24 Motion for Leave to File Amended Complaint. Initial Case Management Conference set for 9/5/2018 01:30 PM. Joint Case Management Conference Statement is due by 8/29/2018. Total Time in Court: 20 minutes. Court Reporter: Sarah Goekler. Attachment: Civil Law and Motion Minute Order. (ig, COURT STAFF) (Date Filed: 6/14/2018) (Entered: 06/14/2018)
2018-06-1433AMENDED Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 6/14/2018. Plaintiff's Motion for Summary Judgment 13 , Defendant's Motion to Dismiss, or in the Alternative, Cross Motion for Summary Judgment 23 , and Plaintiff's Motion for Leave to File Amended Complaint 24 are denied without prejudice. ***Motions terminated: Motion for Summary Judgment 13 , Motion to Dismiss, or in the Alternative, Cross Motion for Summary Judgment 23 , and Motion for Leave to File Amended Complaint 24 . Updated Joint Case Management Statement due by 8/29/2018. Further Case Management Conference set for 9/5/2018 01:30 PM.Total Time in Court: 20 minutes. Court Reporter: Sarah Goekler. Attachment: AMENDED Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/14/2018) (Entered: 06/15/2018)
2018-06-2134NOTICE of Substitution of Counsel by Steven J. Saltiel (Saltiel, Steven) (Filed on 6/21/2018) (Entered: 06/21/2018)
2018-08-0335STIPULATION WITH PROPOSED ORDER for Plaintiff's Leave to File Amended Complaint filed by Ecological Rights Foundation and United States Environmental Protection Agency. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Sproul, Christopher) (Filed on 8/3/2018) Modified on 8/6/2018 (jjbS, COURT STAFF). (Entered: 08/03/2018)
2018-08-0336Order by Magistrate Judge Donna M. Ryu granting 35 Stipulation granting Plaintiff leave to file amended complaint. Plaintiff shall e-file its amended complaint by 8/6/2018. Signed on 8/3/2018.(dmrlc1, COURT STAFF) (Filed on 8/3/2018) (Entered: 08/03/2018)
2018-08-0637AMENDED COMPLAINT against United States Environmental Protection Agency. Filed byEcological Rights Foundation. (Sproul, Christopher) (Filed on 8/6/2018) (Entered: 08/06/2018)
2018-08-2938JOINT CASE MANAGEMENT STATEMENT filed by Ecological Rights Foundation and Ecological Rights Foundation. (Sproul, Christopher) (Filed on 8/29/2018) Modified on 8/29/2018 (jjbS, COURT STAFF). (Entered: 08/29/2018)
2018-09-0539PDF with attached Audio File. Court Date & Time [ 9/5/2018 2:02:04 PM ]. File Size [ 14056 KB ]. Run Time [ 00:29:17 ]. (courtspeak). (Entered: 09/05/2018)
2018-09-0540ANSWER to 37 Amended Complaint by United States Environmental Protection Agency. (Saltiel, Steven) (Filed on 9/5/2018) Modified on 9/6/2018 (jjbS, COURT STAFF). (Entered: 09/05/2018)
2018-09-0541Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 9/5/2018. CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement Conference in October 2018. Updated Joint Case Management Statement due by 10/31/2018. Further Case Management Conference set for 11/7/2018 01:30 PM. See minute Order for more particulars. FTR Time: 2:02-2:31. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 9/5/2018) (Entered: 09/06/2018)
2018-09-06CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement (ahm, COURT STAFF) (Filed on 9/6/2018) (Entered: 09/06/2018)
2018-09-0642CLERK'S NOTICE SCHEDULING TELEPHONE CONFERENCE: This case has been referred to Magistrate Judge Thomas S. Hixson for settlement conference. Upon confirming with counsel, a Pre-Settlement Conference phone call is scheduled for Wednesday, September 12, 2018 at 1:30 p.m. Counsel, Christopher Sproul and Heather Kryczka for plaintiff and Steven Saltiel, counsel for Defendant, shall call the following number: 1-888-684-8852/Access Code: 2925506. The Court will join the call at 1:30 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 9/6/2018) (Entered: 09/06/2018)
2018-09-06Set/Reset Hearing re 42 Clerk's Notice,, Telephone Conference set for 9/12/2018 01:30 PM in San Francisco, Courtroom D, 15th Floor before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 9/6/2018) (Entered: 09/06/2018)
2018-09-1243Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference held on 9/12/2018. FTR Time: Not Reported Total Time: 1 hour 48 minutes Plaintiff Attorney(s): Christopher Sproul, Esq.; Heather R. Kryczka, Esq. Defendant Attorney(s): Steven J. Saltiel, AUSA. Proceedings: Telephonic Conference re scheduling Settlement Conference. All Counsel appeared by telephone. A Final Telephonic Conference is scheduled for October 10, 2018 at 3:00 p.m., counsel shall call the following number: 888-684-8852/Access Code: 2925506. A Settlement Conference is scheduled for October 31, 2018 at 10:00 a.m., in Courtroom D, 15th Floor. A Settlement Conference Order will issue shortly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 9/12/2018) (Entered: 09/12/2018)
2018-09-12Set/Reset Hearing re 43 Telephone Conference: Final Telephone Conference re settlement conference, is set for 10/10/2018 at 03:00 pm, Courtroom D, 15th Floor before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 9/12/2018) (Entered: 09/12/2018)
2018-09-1344Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for Wednesday, October 31, 2018, at 10:00 a.m., in San Francisco, Courtroom D, 15th Floor, before Magistrate Judge Thomas S. Hixson. (Attachments: # 1 Standing Order re Settlement Conference)(rmm2S, COURT STAFF) (Filed on 9/13/2018) Modified on 9/13/2018 (rmm2S, COURT STAFF). Modified on 9/13/2018 (rmm2S, COURT STAFF). (Entered: 09/13/2018)
2018-09-1345CLERK'S NOTICE: Counsel, please be advised Docket Entry No. 44 has been CORRECTED, the Order filed was correct, but the Docket Entry itself contained an error. (rmm2S, COURT STAFF). Modified on 9/13/2018 (rmm2S, COURT STAFF). (Entered: 09/13/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 9/13/2018) (Entered: 09/13/2018)
2018-09-2146STATUS REPORT AND PLAN by United States Environmental Protection Agency. (Saltiel, Steven) (Filed on 9/21/2018) (Entered: 09/21/2018)
2018-10-1047CLERK'S NOTICE notifying Counsel of change in Courtroom for Settlement Conference: Counsel, Magistrate Judge Hixson has now been assigned a permanent courtroom. Therefore, the Settlement Conference on 10/31/2018 at 10:00 a.m., shall take place in Courtroom A, NOT Courtroom D, as stated in the Order Scheduling Settlement Conference (docket no.64). Courtroom A, is located on the 15th floor. The Court's Settlement Conference Order (docket no. 64), otherwise remains in full force in effect, except for the change re the courtroom. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 10/10/2018) (Entered: 10/10/2018)
2018-10-1148Minute Entry: for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference re Pre-Settlement Conference held on 10/11/2018. FTR Time: Not Reported Total Time of Conference Call: 1 hour Plaintiff's Attorney(s): Heather R. Kryczka, Esq.; Christopher A. Sproul, Esq. Defendant'S Attorney(s): Steven J. Saltiel, AUSA; Kimberly Robinson, AUSA. Proceedings: Pre-Settlement Conference telephone call held. Court directed Plaintiff to send it's Settlement Demand to Defendant's Counsel. Defendant's Counsel to email their response to Plaintiff. Settlement Conference is scheduled for 10/31/2018 at 10:00 a.m., in Courtroom A, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 10/11/2018) (Entered: 10/11/2018)
2018-10-2949STIPULATION WITH PROPOSED ORDER Re Filing of Updated Joint Case Management Statement filed by United States Environmental Protection Agency, and Ecological Rights Foundation. (Saltiel, Steven) (Filed on 10/29/2018) Modified on 10/30/2018 (jjbS, COURT STAFF). (Entered: 10/29/2018)
2018-10-3050ORDER by Judge Donna M. Ryu granting 49 Stipulation re Filing of Joint Case Management Statement. Case Management Statement due by 11/2/2018. (fs, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/30/2018)
2018-10-3151Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Settlement Conference held on 10/31/2018. FTR Time: Not Reported Total Time: 5 hours 51 minutes Plaintiff's Attorney(s): Christopher A. Sproul, Esq., Edward Scher, Esq., Heather Kryzcka,Esq. Defendant's Attorney(s): Kim Robinson, AUSA, Steven J. Saltiel, AUSA Representative Attending: Matt Schwartz, Attorney-Advisor. Proceedings: Settlement Conference held. Case did not Settle. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 10/31/2018) (Entered: 10/31/2018)
2018-11-0252JOINT CASE MANAGEMENT STATEMENT filed by Ecological Rights Foundation and United States Environmental Protection Agency. (Attachments: # 1 Exhibit 1 to JCMS, # 2 Exhibit 2 to JCMS, # 3 Exhibit 3 to JCMS, # 4 Exhibit 4 to JCMS)(Sproul, Christopher) (Filed on 11/2/2018) Modified on 11/5/2018 (jjbS, COURT STAFF). (Entered: 11/02/2018)
2018-11-0753PDF with attached Audio File. Court Date & Time [ 11/7/2018 1:51:12 PM ]. File Size [ 13560 KB ]. Run Time [ 00:28:15 ]. (courtspeak). (Entered: 11/07/2018)
2018-11-0754NOTICE of Substitution of Counsel by Kimberly Anne Robinson (Robinson, Kimberly) (Filed on 11/7/2018) (Entered: 11/07/2018)
2018-11-0755Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 11/7/2018. Updated joint Case Management Statement due by 1/9/2019. Further Case Management Conference set for 1/16/2019 01:30 PM. See minute Order for more particulars. FTR Time: 1:51-2:19. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 11/7/2018) (Entered: 11/08/2018)
2018-12-3156Unopposed MOTION to Stay filed by United States Environmental Protection Agency. Motion Hearing set for 1/10/2019 11:00 AM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 1/14/2019. Replies due by 1/22/2019. (Attachments: # 1 Proposed Order, # 2 Declaration)(Robinson, Kimberly) (Filed on 12/31/2018) Modified on 1/2/2019 (jjbS, COURT STAFF). (Entered: 12/31/2018)
2019-01-0257ORDER [AS MODIFIED] by Magistrate Judge Donna M. Ryu granting 56 Unopposed Administrative Motion to Stay: The case is STAYED and shall be continued until a date after the shutdown of the federal government has ended and relevant appropriations to the U.S. Department of Justice have been restored. The Defendant is ordered to file a request for a lift of the stay within 2 days of the cessation of the federal government shutdown and propose a new further case management conference date. (ig, COURT STAFF) (Filed on 1/2/2019) Modified on 1/3/2019 (jjbS, COURT STAFF). (Entered: 01/02/2019)
2019-01-2858MOTION to Lift Stay re 57 Order on Motion to Stay,, filed by United States Environmental Protection Agency. Motion Hearing set for 2/14/2019 11:00 AM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 2/11/2019. Replies due by 2/19/2019. (Attachments: # 1 Proposed Order)(Robinson, Kimberly) (Filed on 1/28/2019) (Entered: 01/28/2019)
2019-01-2859OPPOSITION/RESPONSE (re 58 MOTION to Lift Stay re 57 Order on Motion to Stay,, ) filed byEcological Rights Foundation. (Sproul, Christopher) (Filed on 1/28/2019) (Entered: 01/28/2019)
2019-01-2960Order by Magistrate Judge Donna M. Ryu granting 58 Motion to Lift Stay. Case Management Statement due by 2/13/2019. Further Case Management Conference set for 2/20/2019 01:30 PM. Signed on 1/29/2019. (This is a text-only entry; there is no document associated with this entry.)(dmrlc1, COURT STAFF) (Filed on 1/29/2019) (Entered: 01/29/2019)
2019-02-1361JOINT CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency and Ecological Rights Foundation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Robinson, Kimberly) (Filed on 2/13/2019) Modified on 2/14/2019 (jjbS, COURT STAFF). (Entered: 02/13/2019)
2019-02-2062PDF with attached Audio File. Court Date & Time [ 2/20/2019 1:49:28 PM ]. File Size [ 17808 KB ]. Run Time [ 00:37:06 ]. (courtspeak). (Entered: 02/20/2019)
2019-02-2063Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 2/20/2019. The parties shall meet and confer to reach an agreement on a production schedule. If they do not reach agreement by 3/1/2019, the briefing schedule set by the court on the first round of cross-motions for summary judgment will take effect (see minute Order for the schedule). This case is re-referred to Magistrate Judge Thomas S. Hixson to conduct a settlement conference to assist the parties in developing a structure and process for meeting and conferring in a productive manner about withholding issues. Further Case Management Conference set for 6/19/2019 1:30 PM; Updated Joint Case Management Conference Statement due by 6/12/2019. FTR Time: 1:49-2:26. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 2/20/2019) Modified on 2/22/2019 (ig, COURT STAFF). (Entered: 02/22/2019)
2019-02-22Set Deadline and Hearing: Updated Joint Case Management Statement due by 6/12/2019. Further Case Management Conference set for 6/19/2019 01:30 PM. (ig, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)
2019-02-2564CLERK'S NOTICE Scheduling Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is scheduled for 2/28/2019 at 01:30 p.m., before Magistrate Judge Thomas S. Hixson. Counsel shall be prepared to speak about the status of this case and to schedule a Settlement Conference date. Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506 If counsel have any questions please contact the Courtroom Deputy, Rose Maher, at 415-522-4708 or email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 2/25/2019) (Entered: 02/25/2019)
2019-02-2565CLERK'S NOTICE: RESCHEDULING Pre-Settlement Conference Telephone Call: The Pre-Settlement Conference Telephone Call presently scheduled for 2/28/2019 at 01:30 p.m., is CONTINUED to 3/7/2019 at 1:30 p.m., before Magistrate Judge Thomas S. Hixson. Counsel shall be prepared to speak about the status of this case and to schedule a Settlement Conference date. Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506 If counsel have any questions please contact the Courtroom Deputy, Rose Maher, at 415-522-4708 or email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 2/25/2019) (Entered: 02/25/2019)
2019-02-2866STIPULATION for voluntary dismissal of Fifth Claim filed by Ecological Rights Foundation and United States Environmental Protection Agency. (Sproul, Christopher) (Filed on 2/28/2019) Modified on 3/1/2019 (jjbS, COURT STAFF). (Entered: 02/28/2019)
2019-03-0167STIPULATION WITH PROPOSED ORDER re 63 Minute Entry filed by United States Environmental Protection Agency and Ecological Rights Foundation. (Robinson, Kimberly) (Filed on 3/1/2019) Modified on 3/4/2019 (jjbS, COURT STAFF). Modified on 3/4/2019 (jjbS, COURT STAFF). (Entered: 03/01/2019)
2019-03-0468Order by Magistrate Judge Donna M. Ryu granting 67 Stipulation Regarding a Production Schedule and Vacating Summary Judgment Deadlines. Signed on 3/4/2019.(dmrlc1, COURT STAFF) (Filed on 3/4/2019) (Entered: 03/04/2019)
2019-03-0769Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Pre-Settlement Conference Telephone Call held on 3/7/2019. FTR Time: Not Reported Total Time: 30 minutes Plaintiff Attorney: Christopher Sproul, Esq.; Molly Coyne, Esq. Representative Appearing: Eddie Scheer Defendant Attorney: Kimberly Robinson, AUSA Proceedings: Pre-Settlement Conference Telephone call held. A further Call is scheduled for 3/18/2019 at 10:00 a.m. Ms. Robinson alerted the Court that the EPA agency counsel, Matthew Schwarz, is available on 3/18/2019. Parties shall call the following Phone Number on 3/18/2019 at 10:00 a.m.:1-888-684-8852/Passcode: 2925506 If any questions please contact the Courtroom Deputy, Rose Maher: Email: Rose_Maher@cand.uscourts.gov/Passcode: 2925506 (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 3/7/2019) (Entered: 03/07/2019)
2019-03-07Set/Reset Hearing re 69 Telephone Conference: Further Pre-Settlement Conference Telephone Call set for 3/18/2019 at 10:00 a.m., before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 3/7/2019) (Entered: 03/07/2019)
2019-03-1870Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Pre-Settlement Conference Telephone Call held on 3/18/2019. FTR Time: Not Reported Total Time: 28 minutes Plaintiff Attorney: Christopher Sproul, Esq.; Molly Coyne, Esq. Defendant Attorney: Kim Robinson, AUSA; Matthew Schwarz, EPA counsel; Marisa Pisarick, EPA Counsel. Proceedings: Pre-Settlement Conference held. The following scheduled was set: Plaintiff's counsel to submit first letter to Defendant: 3/25/2019; Defendant's response due: 4/1/2019. Second Letter from Plaintiff to Defendant due: Last week of June. Parties are ordered to meet and confer by telephone (Court will not participate) during the week of 4/8/2019, re second letter date and response due date. A further Call with the Court is scheduled: 4/18/2019 at 1:00 p.m. Counsel shall call in to the following phone number: 1-888-684-8852/Passcode: 2925506 If any questions arise please contact the Courtroom Deputy, Rose Maher: email: Rose_Maher@cand.uscourts.gov or Phone: 415-522-4708. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 3/18/2019) (Entered: 03/18/2019)
2019-03-18Set/Reset Hearing re 70 Telephone Conference: Further Pre-Settlement Conference Telephone Call set for 4/18/2019 at 01:00 p.m., before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 3/18/2019) (Entered: 03/18/2019)
2019-04-1171CLERK'S NOTICE: Rescheduling the further Pre-Settlement Conference Call with the Court: Due to the unavailability of counsel, the further pre-settlement call presently scheduled: 4/18/2019, is CONTINUED to 5/8/2019 at 1:30 pm. Counsel shall call in to the following phone number: 1-888-684-8852/Passcode: 2925506 If any questions arise please contact the Courtroom Deputy, Rose Maher: email: Rose_Maher@cand.uscourts.gov or Phone: 415-522-4708. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 4/11/2019) (Entered: 04/11/2019)
2019-05-0872Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Further Pre-Settlement Conference Telephone Call held on 5/8/2019. FTR Time: Not Reported Total Time: 28 minutes Plaintiff Attorney: Molly Coyne, Esq.; Christopher Sproul, Esq. EPA Counsel: Matthew Schwarz and Maria Pisarick. Defendant Attorney: Kimberly A. Robinson, AUSA. Proceedings: Counsel shall send copies of their letters to the Courtroom Deputy, Rose Maher at: Rose_Maher@cand.uscourts.gov A further telephone call is scheduled for: 5/21/2019 at 10:00 a.m. Call in: 1-888-684-8852/Passcode: 2925506 (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 5/8/2019) (Entered: 05/08/2019)
2019-05-08Set/Reset Hearing re 72 Telephone Conference: Telephone Conference set for 5/21/2019 10:00 AM before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 5/8/2019) (Entered: 05/08/2019)
2019-05-2173Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference held on 5/21/2019 at 10:00 a.m. FTR Time: Not Recorded Total Time: 1 hour 15 minutes Plaintiff Attorney: Christopher Sproul, Esq.; Molly Coyne, Esq. Defendant Attorney: Kimberly Robinson, AUSA; Agency Counsel: Matt Schwarz and Marisa Pisarick. Proceedings: Telephone Conference held. Government to send a letter to plaintiff memoralizing which documents will be released. Plaintiff to respond to Government's letter with any follow-up questions about the documents received. Parties to meet and confer prior to the next phone conference. Further phone conference scheduled for: August 20, 2019 at 10:00 a.m. Counsel Call in number: 1-888-684-8852/Passcode: 2925506 If any questions or problems arise counsel shall contact the Courtroom Deputy: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 5/21/2019) Modified on 8/20/2019 (rmm2S, COURT STAFF). (Entered: 05/21/2019)
2019-05-21Set/Reset Hearing re 73 Telephone Conference: Telephone Conference set for 8/20/2019 10:00 AM before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 5/21/2019) (Entered: 05/21/2019)
2019-06-0674MOTION to Appear by Telephone at Case Management Conference filed by Ecological Rights Foundation. (Attachments: # 1 Proposed Order)(Sproul, Christopher) (Filed on 6/6/2019) (Entered: 06/06/2019)
2019-06-1075ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 74 Plaintiff's Motion to Appear by Telephone on 6/19/2019 01:30 PM Further Case Management Conference. (ig, COURT STAFF) (Filed on 6/10/2019) (Entered: 06/10/2019)
2019-06-1276Joint CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency and Ecological Rights Foundation. (Robinson, Kimberly) (Filed on 6/12/2019) Modified on 6/13/2019 (jmlS, COURT STAFF). (Entered: 06/12/2019)
2019-06-1977Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 6/19/2019. Updated Joint Case Management Statement due by 10/9/2019. Further Case Management Conference set for 10/16/2019 01:30 PM. FTR Time: 1:32-1:49. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 6/19/2019) (Entered: 06/20/2019)
2019-07-0178PDF with attached Audio File. Court Date & Time [ 6/19/2019 1:34:25 PM ]. File Size [ 7176 KB ]. Run Time [ 00:14:57 ]. (courtspeak). (Entered: 07/01/2019)
2019-07-0179NOTICE of Change In Counsel by Heather Rose Kryczka (Attachments: # 1 Supplement Notice of change of address)(Kryczka, Heather) (Filed on 7/1/2019) (Entered: 07/01/2019)
2019-08-2080Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference held on 8/20/2019. FTR Time: Not Reported Total Time: 58 minutes Plaintiff Attorney: Christopher Sproul, Esq.; Molly A. Coyne, Esq. Defendant Attorney: Kim Robinson, AUSA Agency Reps: Matthew Schwarz, EPA Counsel and Marisa Pisarick, EPA Counsel. Proceedings: Further Telephone Conference held. Counsel to contact the Courtroom Deputy, Rose Maher, by email to schedule a further call: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 8/20/2019) (Entered: 08/20/2019)
2019-08-2881NOTICE of Substitution of Counsel by Brian Orion (Orion, Brian) (Filed on 8/28/2019) (Entered: 08/28/2019)
2019-08-2982CLERK'S NOTICE: Scheduling Further Telephone call re Pre-Settlement Conference: A Telephone Conference set for 11/13/2019 at 1:30 PM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Thomas S. Hixson. Counsel shall call the following number: 1-888-684-8852/Passcode: 2925506 Any questions shall be directed to the Courtroom Deputy, Rose Maher, by E-mail:Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 8/29/2019) (Entered: 08/29/2019)
2019-10-0883UPDATED JOINT CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency and Ecological Rights Foundation. (Robinson, Kimberly) (Filed on 10/8/2019) Modified on 10/9/2019 (jmlS, COURT STAFF). (Entered: 10/08/2019)
2019-10-1084ORDER: The court has reviewed the parties' joint updated case management conference statement 83 . The further case management conference set for 10/16/2019 01:30 PM is vacated. Instead, by 10/16/2019 the parties shall file a joint statement that includes a proposed briefing schedule for Rule 56 motions, as well as a description of the specific issues that each side will be moving on. The parties are encouraged to submit a jointly proposed schedule, but if they cannot do so, they shall each propose a schedule. The court will hold a further case management conference on 12/4/2019 01:30 PM, with a updated joint case management conference statement due 11/27/2019. Signed by Magistrate Judge Donna M. Ryu on 10/10/19. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 10/10/2019) (Entered: 10/10/2019)
2019-10-1685Statement re 84 Terminate Deadlines and Hearings,,,, Order,,,, Set Deadlines/Hearings,,, by United States Environmental Protection Agency. (Robinson, Kimberly) (Filed on 10/16/2019) (Entered: 10/16/2019)
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