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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)
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