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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00772
Date Filed2018-04-05
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to the EPA for records concerning contacts with the news media pertaining to Dr. Elizabeth Sutherland, who had recently retired from the agency and expressed concerns about its current policy direction. PEER provided a Privacy Act authorization from Sutherland. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-051COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5406229) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons EPA, # 4 Summons USAO)(Dinerstein, Paula) (Entered: 04/05/2018)
2018-04-052LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Dinerstein, Paula) (Entered: 04/05/2018)
2018-04-05Case Assigned to Judge Emmet G. Sullivan. (zsth) (Entered: 04/05/2018)
2018-04-053SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 04/05/2018)
2018-04-064STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 04/06/18. (Attachment: # Exhibit 1) (mac) (Entered: 04/06/2018)
2018-04-215NOTICE of Appearance by Patricia K. McBride on behalf of ENVIRONMENTAL PROTECTION AGENCY (McBride, Patricia) (Entered: 04/21/2018)
2018-05-156ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(McBride, Patricia) (Entered: 05/15/2018)
2018-06-12MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than July 12, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 6/12/2018. (lcegs3) (Entered: 06/12/2018)
2018-06-13Set/Reset Deadlines: Joint Proposed Scheduling Order due by 7/12/2018. (mac) (Entered: 06/13/2018)
2018-07-127Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (McBride, Patricia) (Entered: 07/12/2018)
2018-07-18MINUTE ORDER. The Court has considered the arguments put forward in 7 parties' joint status report regarding the necessity and scope of a Vaughn index. The Court hereby directs the defendant to provide the plaintiff with a Vaughn index prior to summary judgment briefing. The defendant shall prepare and produce a Vaughn index by no later than August 18, 2018. The parties are further ordered to enter an additional joint status report on August 20, 2018. Signed by Judge Emmet G. Sullivan on 7/18/2018. (lcegs3) (Entered: 07/18/2018)
2018-07-18Set/Reset Deadlines: Vaughn Index due by 8/18/2018. Status Report due by 8/20/2018. (mac) (Entered: 07/18/2018)
2018-08-208Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (McBride, Patricia) (Entered: 08/20/2018)
2018-08-21MINUTE ORDER in view of 8 joint status report, the parties are directed to file an additional joint status report by September 20, 2018. The defendant is further directed to produce the Vaughn index to the plaintiff by no later than September 7, 2018. The defendant is reminded that it should file a motion for an extension of time if it cannot meet a Court-ordered deadline. See July 18, 2018 Minute Order. Signed by Judge Emmet G. Sullivan on 8/21/2018. (lcegs3) (Entered: 08/21/2018)
2018-08-22Set/Reset Deadlines: Joint Status Report due by 9/20/2018. (mac) (Entered: 08/22/2018)
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by FOIA Project Staff
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