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Case TitleAMERICAN OVERSIGHT v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00364
Date Filed2018-02-16
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted three FOIA requests to the EPA for records concerning communications to and from administrator Scott Pruitt and several other staff members with outside parties and congressional staff. The agency acknowledged receipt of the requests but told American Oversight that they did not sufficiently describe records to allow for a search. American Oversight filed administrative appeals of those denials. It also indicated that the agency had denied other organizations' FOIA requests for communications because they were too broad. American Oversight filed suit, alleging that the EPA had a pattern and practice policy of denying requests for communications from officials because they did not sufficiently describe the records sought.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-161COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5336958) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Summons as to USAO, # 12 Summons as to AG, # 13 Summons as to EPA)(Creighton, Sara) (Entered: 02/16/2018)
2018-02-162LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 02/16/2018)
2018-02-16Case Assigned to Judge Timothy J. Kelly. (jd) (Entered: 02/20/2018)
2018-02-203SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 02/20/2018)
2018-03-064NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 03/06/2018)
2018-03-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/26/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/28/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/26/18., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 2/26/2018 (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 03/19/2018)
2018-03-276NOTICE of Appearance by Peter T. Wechsler on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Wechsler, Peter) (Entered: 03/27/2018)
2018-03-277MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Wechsler, Peter) (Entered: 03/27/2018)
2018-04-03MINUTE ORDER granting, nunc pro tunc and for good cause shown, Defendant's unopposed 7 Motion for Extension of Time. It is hereby ORDERED that Defendant shall respond to Plaintiff's complaint by April 11, 2018. Signed by Judge Timothy J. Kelly on 4/3/2018. (lctjk1) (Entered: 04/03/2018)
2018-04-108MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 2 Declaration of Sara Kaiser Creighton, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Statement of Facts, # 23 Text of Proposed Order)(Creighton, Sara) (Entered: 04/10/2018)
2018-04-119ANSWER to 1 Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Wechsler, Peter) Modified to add link on 4/12/2018 (znmw). (Entered: 04/11/2018)
2018-04-12MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by April 26, 2018. Signed by Judge Timothy J. Kelly on 4/12/2018. (lctjk1) (Entered: 04/12/2018)
2018-04-12Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 4/26/2018. (kh) (Entered: 04/12/2018)
2018-04-2610Joint STATUS REPORT and Proposed Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Wechsler, Peter) (Entered: 04/26/2018)
2018-04-26MINUTE ORDER: In light of the parties' 10 Joint Status Report and Proposed Schedules, it is hereby ORDERED that the following schedule shall govern further briefing for Plaintiff's 8 motion for summary judgment: (1) Defendant shall file its opposition and cross-motion by May 17, 2018; (2) Plaintiff shall file its opposition to Defendant's cross-motion and reply in support of its motion by June 14, 2018; and (3) Defendant shall file its reply in support of its cross-motion by June 28, 2018. In addition, the Court ORDERS that Defendant shall: (1) process approximately 50 percent of the potentially responsive records it has already identified, and release all non-exempt records to Plaintiff, by July 31, 2018; and (2) process the remainder of these potentially responsive records, and release all non-exempt records to Defendant, by October 31, 2018. Finally, it is hereby ORDERED that the parties shall file a further Joint Status Report by May 31, 2018. Signed by Judge Timothy J. Kelly on 4/26/2018. (lctjk1) (Entered: 04/26/2018)
2018-04-27Set/Reset Deadlines: Response to Motion for Summary Judgment and Cross Motions due by 5/17/2018. Reply to Motion for Summary Judgment and Response to Cross Motions due by 6/14/2018. Reply to Cross Motions due by 6/28/2018. Joint Status Report due by 5/31/2018. (kh) (Entered: 04/27/2018)
2018-05-1711MOTION for Partial Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration Elizabeth White, # 3 Statement of Facts, # 4 Text of Proposed Order)(Wechsler, Peter) (Entered: 05/17/2018)
2018-05-1712RESPONSE re 8 MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Statement of Facts reponse to plaintiff's statement of facts, # 2 Declaration Elizabeth White)(Wechsler, Peter) (Entered: 05/17/2018)
2018-05-3113Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Wechsler, Peter) (Entered: 05/31/2018)
2018-05-31MINUTE ORDER: In light of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report by August 7, 2018. Signed by Judge Timothy J. Kelly on 5/31/2018. (lctjk1) (Entered: 05/31/2018)
2018-05-31Set/Reset Deadlines: Joint Status Report due by 8/7/2018. (kh) (Entered: 05/31/2018)
2018-06-1414REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Sara Kaiser Creighton, # 2 Statement of Facts, # 3 Text of Proposed Order)(Creighton, Sara) (Entered: 06/14/2018)
2018-06-1415Memorandum in opposition to re 11 MOTION for Partial Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Sara Kaiser Creighton, # 2 Statement of Facts Response)(Creighton, Sara) (Entered: 06/14/2018)
2018-06-2816REPLY to opposition to motion re 11 MOTION for Partial Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Statement of Facts response to supplemental statement of facts)(Wechsler, Peter) (Entered: 06/28/2018)
2018-08-0617Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Wechsler, Peter) (Entered: 08/06/2018)
2018-08-07MINUTE ORDER: In light of the parties' 17 Joint Status Report, it is hereby ORDERED that: (1) Defendant shall release all responsive, non-exempt records to Plaintiff by August 31, 2018; and (2) the parties shall file a further joint status report by September 10, 2018. Signed by Judge Timothy J. Kelly on 8/7/2018. (lctjk1) (Entered: 08/07/2018)
2018-08-07Set/Reset Deadlines: Defendant shall release all responsive, non-exempt records to Plaintiff by 8/31/2018. (kh) (Entered: 08/07/2018)
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by FOIA Project Staff
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