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Case TitleSURGEY v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00654
Date Filed2018-03-22
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffNICHOLAS SURGEY
Case DescriptionNicholas Surgey, an investigative reporter, submitted a FOIA request to the EPA for records concerning EPA Administrator Scott Pruitt's travel to and attendance at the 2018 Rose Bowl game. Surgey also requested a fee waiver. The agency acknowledged receipt of the request and told Surgey that responding would not incur any fees. After hearing nothing further from the agency, Surgey filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantENVIRONMENTAL PROTECTION AGENCY
1200 Pennsylvania Ave. NW
Washington, DC 20460
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-221COMPLAINT 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)
2018-03-22Case Assigned to Judge Timothy J. Kelly. (jd) (Entered: 03/26/2018)
2018-03-262SUMMONS (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)
2018-03-273RETURN 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)
2018-04-024NOTICE of Appearance by Michael T. Kirkpatrick on behalf of NICHOLAS SURGEY (Kirkpatrick, Michael) (Entered: 04/02/2018)
2018-04-055NOTICE of Appearance by Rhonda Lisa Campbell on behalf of ENVIRONMENTAL PROTECTION AGENCY (Campbell, Rhonda) (Entered: 04/05/2018)
2018-04-106NOTICE OF WITHDRAWAL OF APPEARANCE as to ENVIRONMENTAL PROTECTION AGENCY. Attorney Rhonda Lisa Campbell terminated. (Campbell, Rhonda) (Entered: 04/10/2018)
2018-04-257NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of All Defendants Substituting for attorney Rhonda Campbell (Sroka, Scott) (Entered: 04/25/2018)
2018-04-268ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 04/26/2018)
2018-04-26MINUTE 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)
2018-04-27Set/Reset Deadlines: Proposed Briefing Schedule or disclosure due by 5/10/2018. (kh) (Entered: 04/27/2018)
2018-05-109Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 05/10/2018)
2018-05-10MINUTE 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)
2018-05-11Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (kh) (Entered: 05/11/2018)
2018-06-2810Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 06/28/2018)
2018-07-03MINUTE 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)
2018-07-2711Joint STATUS REPORT by NICHOLAS SURGEY. (Attachments: # 1 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 07/27/2018)
2018-07-30MINUTE 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)
2018-08-2412Consent 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)
2018-08-27MINUTE 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)
2018-08-27Set/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)
2018-09-1013MOTION 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)
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