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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)
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by FOIA Project Staff