| Date Filed | Doc # | Docket Text |
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| 2018-03-22 | 1 | COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5383892) filed by NICHOLAS SURGEY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to EPA, # 3 Summons to U.S. Attorney, # 4 Summons to Attorney General)(Llewellyn, Patrick) (Attachment 1 replaced on 3/26/2018) (jd) (Entered: 03/22/2018) |
| 2018-03-22 | | Case Assigned to Judge Timothy J. Kelly. (jd) (Entered: 03/26/2018) |
| 2018-03-26 | 2 | SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(jd) (Entered: 03/26/2018) |
| 2018-03-27 | 3 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/27/2018. Answer due for ALL FEDERAL DEFENDANTS by 4/26/2018. (Llewellyn, Patrick) (Entered: 03/27/2018) |
| 2018-04-02 | 4 | NOTICE of Appearance by Michael T. Kirkpatrick on behalf of NICHOLAS SURGEY (Kirkpatrick, Michael) (Entered: 04/02/2018) |
| 2018-04-05 | 5 | NOTICE of Appearance by Rhonda Lisa Campbell on behalf of ENVIRONMENTAL PROTECTION AGENCY (Campbell, Rhonda) (Entered: 04/05/2018) |
| 2018-04-10 | 6 | NOTICE OF WITHDRAWAL OF APPEARANCE as to ENVIRONMENTAL PROTECTION AGENCY. Attorney Rhonda Lisa Campbell terminated. (Campbell, Rhonda) (Entered: 04/10/2018) |
| 2018-04-25 | 7 | NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of All Defendants Substituting for attorney Rhonda Campbell (Sroka, Scott) (Entered: 04/25/2018) |
| 2018-04-26 | 8 | ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 04/26/2018) |
| 2018-04-26 | | MINUTE 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 May 10, 2018. Signed by Judge Timothy J. Kelly on 4/26/2018. (lctjk1) (Entered: 04/26/2018) |
| 2018-04-27 | | Set/Reset Deadlines: Proposed Briefing Schedule or disclosure due by 5/10/2018. (kh) (Entered: 04/27/2018) |
| 2018-05-10 | 9 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 05/10/2018) |
| 2018-05-10 | | MINUTE ORDER: In light of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report by June 29, 2018. Signed by Judge Timothy J. Kelly on 5/10/2018. (lctjk1) (Entered: 05/10/2018) |
| 2018-05-11 | | Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (kh) (Entered: 05/11/2018) |
| 2018-06-28 | 10 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 06/28/2018) |
| 2018-07-03 | | MINUTE ORDER: In light of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report by July 27, 2018. Signed by Judge Timothy J. Kelly on 7/3/2018. (lctjk1) (Entered: 07/03/2018) |
| 2018-07-27 | 11 | Joint STATUS REPORT by NICHOLAS SURGEY. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 07/27/2018) |
| 2018-07-30 | | MINUTE ORDER: In light of the parties' 11 Joint Status Report, it is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment and Vaughn index by August 27, 2018; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by September 24, 2018; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by October 15, 2018; and (4) Plaintiff shall file his reply in support of his cross-motion by November 5, 2018. Signed by Judge Timothy J. Kelly on 7/30/2018. (lctjk1) (Entered: 07/30/2018) |
| 2018-08-24 | 12 | Consent MOTION for Extension of Time to File Motion for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott). Added MOTION to Modify on 8/27/2018 (tth). (Entered: 08/24/2018) |
| 2018-08-27 | | MINUTE ORDER granting Defendant's 12 Consent Motion for Enlargement of Time and Modification of Briefing Schedule. It is hereby ORDERED that the following schedule will govern further proceedings: (1) Defendant shall file its motion for summary judgment and Vaughn index by September 10, 2018; (2) Plaintiff shall file his opposition to Defendant's motion and cross-motion by October 8, 2018; (3) Defendant shall file its opposition to Plaintiff's cross-motion and reply in support of its motion by October 29, 2018; and (4) Plaintiff shall file his reply in support of his cross-motion by November 19, 2018. Signed by Judge Timothy J. Kelly on 8/27/2018. (lctjk1) (Entered: 08/27/2018) |
| 2018-08-27 | | Set/Reset Deadlines: Summary Judgment Motion and Vaughn Index due by 9/10/2018. Response to Motion for Summary Judgment due by 10/8/2018. Reply to Motion for Summary Judgment due by 10/29/2018. (kh) (Entered: 08/27/2018) |
| 2018-09-10 | 13 | MOTION for Summary Judgment and Supporting Memorandum by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Statement of Facts and Order, # 2 Declaration of Elizabeth White, # 3 Declaration of Thomas Seaton, # 4 Exhibit, # 5 Exhibit Vaughn Index)(Sroka, Scott) (Entered: 09/10/2018) |
| 2018-10-04 | 14 | Unopposed MOTION to Stay Summary Judgment Briefing by NICHOLAS SURGEY (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 10/04/2018) |
| 2018-10-10 | | MINUTE ORDER granting Plaintiff's 14 Unopposed Motion to Stay Summary Judgment Briefing. It is hereby ORDERED, for good cause shown and nunc pro tunc to October 4, 2018, that this case is STAYED until further order of the Court. Pursuant to the parties' request, they shall file a joint status report on October 19, 2018. Signed by Judge Timothy J. Kelly on 10/10/2018. (lctjk1) (Entered: 10/10/2018) |
| 2018-10-19 | 15 | Joint STATUS REPORT by NICHOLAS SURGEY. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 10/19/2018) |
| 2018-10-19 | | MINUTE ORDER. In light of the parties 15 Joint Status Report, it is hereby ORDERED that the stay is LIFTED and that the following schedule will govern further proceedings: Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendant's motion for summary judgment by November 9, 2018; Defendant shall file its combined reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion by November 30, 2018; and Plaintiff shall file his reply in support of his cross-motion by December 21, 2018. Signed by Judge Timothy J. Kelly on 10/19/2018. (lctjk1) (Entered: 10/19/2018) |
| 2018-10-22 | | Set/Reset Deadlines: Defendant's opposition to Plaintiff's cross-motion due by 11/30/2018. (kh) (Entered: 10/22/2018) |
| 2018-11-09 | 16 | Cross MOTION for Summary Judgment by NICHOLAS SURGEY (Attachments: # 1 Declaration of Nicholas Surgey, # 2 Declaration of Patrick D. Llewellyn, # 3 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/09/2018) |
| 2018-11-09 | 17 | Memorandum in opposition to re 13 MOTION for Summary Judgment and Supporting Memorandum filed by NICHOLAS SURGEY. (Attachments: # 1 Declaration of Nicholas Surgey, # 2 Declaration of Patrick D. Llewellyn, # 3 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/09/2018) |
| 2018-11-30 | 18 | MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment by ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott) (Entered: 11/30/2018) |
| 2018-11-30 | 19 | Memorandum in opposition to re 18 MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment filed by NICHOLAS SURGEY. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/30/2018) |
| 2018-12-04 | | MINUTE ORDER granting Defendant's 18 Motion for Extension of Time, nunc pro tunc to November 30, 2018 and for good cause shown. It is hereby ORDERED that the following schedule will govern further proceedings: Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment by December 14, 2018 and Plaintiff shall file his reply in support of his cross-motion for summary judgment by January 4, 2019. Signed by Judge Timothy J. Kelly on 12/4/2018. (lctjk1) (Entered: 12/04/2018) |
| 2018-12-04 | | Set/Reset Deadlines: Defendant's Reply to Motion for Summary Judgment due by 12/14/2018. (kh) (Entered: 12/04/2018) |
| 2018-12-04 | 20 | MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment by NICHOLAS SURGEY (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 12/04/2018) |
| 2018-12-04 | | MINUTE ORDER granting, for good cause shown, Plaintiff's 20 Motion for Extension of Time. It is hereby ORDERED that Plaintiff shall file his reply in support of his cross-motion for summary judgment by January 11, 2019. Signed by Judge Timothy J. Kelly on 12/4/2018. (lctjk1) (Entered: 12/04/2018) |
| 2018-12-14 | 21 | Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration Elizabeth White (Supp), # 2 Declaration Thomas Seaton (Supp), # 3 Exhibit C - Supplemental Vaughn Index, # 4 Exhibit D - Supplemental Production, # 5 Exhibit E - 11/28 Production)(Sroka, Scott) (Entered: 12/14/2018) |
| 2018-12-14 | 22 | REPLY to opposition to motion re 13 MOTION for Summary Judgment and Supporting Memorandum filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration of Elizabeth White (Supp), # 2 Declaration of Thomas Seaton (Supp), # 3 Exhibit C - Supplemental Vaughn Index, # 4 Exhibit D - Supplemental Production, # 5 Exhibit E - 11/28 Production)(Sroka, Scott) (Entered: 12/14/2018) |
| 2019-01-11 | 23 | REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by NICHOLAS SURGEY. (Llewellyn, Patrick) (Entered: 01/11/2019) |
| 2020-02-19 | 24 | NOTICE OF SUBSTITUTION OF COUNSEL by Jane M. Lyons on behalf of ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Scott Leeson Sroka (Lyons, Jane) (Entered: 02/19/2020) |
| 2020-04-02 | 25 | NOTICE OF WITHDRAWAL OF APPEARANCE as to NICHOLAS SURGEY. Attorney Patrick D. Llewellyn terminated. (Llewellyn, Patrick) (Entered: 04/02/2020) |
| 2021-12-03 | 26 | MEMORANDUM OPINION AND ORDER granting in part and denying without prejudice in part Defendant's 13 Motion for Summary Judgment, and denying in part and denying without prejudice in part Plaintiff's 16 Cross Motion for Summary Judgment. See Opinion and Order for details. Signed by Judge Timothy J. Kelly on 12/3/2021. (lctjk1) (Entered: 12/03/2021) |
| 2022-01-07 | 27 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Lyons, Jane) (Entered: 01/07/2022) |
| 2022-01-10 | | MINUTE ORDER: Upon consideration of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall submit a further joint status report by February 7, 2022, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 1/10/2022. (lctjk1) (Entered: 01/10/2022) |
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