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Case TitleSierra Club v. United States Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv03472
Date Filed2018-06-11
Date ClosedOpen
JudgeMagistrate Judge Elizabeth D. Laporte
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted FOIA requests to the EPA for records concerning communications between various EPA employees and third parties, including calendars and travel schedules. The Sierra Club also requested fee waivers. The agency denied the fee waivers and the Sierra Club filed an administrative appeal. The agency provided an interim response to some requests, but after the agency failed to provide any substantive response to its requests, the Sierra Club filed suit.
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

2018-06-111COMPLAINT (Freedom of Information Act Case); against United States Environmental Protection Agency ( Filing fee $ 400, receipt number 0971-12426502.). Filed bySierra Club. (Attachments: # 1 Civil Cover Sheet)(Issod, Andrea) (Filed on 6/11/2018) Modified on 6/12/2018 (aaaS, COURT STAFF). (Entered: 06/11/2018)
2018-06-112Proposed Summons. (Issod, Andrea) (Filed on 6/11/2018) (Entered: 06/11/2018)
2018-06-113Certificate of Interested Entities by Sierra Club (Issod, Andrea) (Filed on 6/11/2018) (Entered: 06/11/2018)
2018-06-124Case assigned to Magistrate Judge Elizabeth D. Laporte. 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 6/26/2018. (jmlS, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-125Initial Case Management Scheduling Order with ADR Deadlines: Signed by Magistrate Judge Elizabeth D. Laporte on 6/12/18. (aaaS, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-126Summons Issued as to United States Environmental Protection Agency. (aaaS, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-12Set Deadlines/Hearings: Case Management Statement due by 9/4/2018. 5 Initial Case Management Conference set for 9/11/2018 10:00 AM. (aaa, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-147CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Issod, Andrea) (Filed on 6/14/2018) (Entered: 06/14/2018)
2018-06-208NOTICE of Appearance by Elena Kathryn Saxonhouse (Saxonhouse, Elena) (Filed on 6/20/2018) (Entered: 06/20/2018)
2018-06-209NOTICE of Appearance by Marta R. Darby (Darby, Marta) (Filed on 6/20/2018) (Entered: 06/20/2018)
2018-06-2510SUMMONS Returned Executed (FOIA) by Sierra Club. United States Environmental Protection Agency served on 6/18/2018, answer due 7/18/2018. (Issod, Andrea) (Filed on 6/25/2018) (Entered: 06/25/2018)
2018-07-0511CLERK'S NOTICE: The Initial Case Management Conference is rescheduled to 9/11/2018 at 3:00 PM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 7/5/2018) (Entered: 07/05/2018)
2018-07-2312STIPULATION Re Filing of First Amended Complaint filed by United States Environmental Protection Agency. (Garbers, Wendy) (Filed on 7/23/2018) (Entered: 07/23/2018)
2018-07-2313FIRST AMENDED COMPLAINT (Freedom of Information Act Case); by Sierra Club. (Issod, Andrea) (Filed on 7/23/2018) Modified on 7/24/2018 (aaaS, COURT STAFF). (Entered: 07/23/2018)
2018-07-23Electronic filing error . Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 13 Amended Document filed by Sierra Club Corr ect Event is Amended Complaint not Amended Document. (aaaS, COURT STAFF) (Filed on 7/23/2018) (Entered: 07/24/2018)
2018-08-1714ANSWER TO 13 FIRST AMENDED COMPLAINT; by United States Environmental Protection Agency. (Garbers, Wendy) (Filed on 8/17/2018) Modified on 8/20/2018 (aaaS, COURT STAFF). (Entered: 08/17/2018)
2018-08-2115CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination. Defendant shall file a consent or declination to proceed before a magistrate judge by September 4, 2018. 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. (shyS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-2116ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Darby, Marta) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-2817CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Environmental Protection Agency.. (Garbers, Wendy) (Filed on 8/28/2018) (Entered: 08/28/2018)
2018-08-2818NOTICE of Substitution of Counsel by Adrienne Zack (Zack, Adrienne) (Filed on 8/28/2018) (Entered: 08/28/2018)
2018-08-3019Joint Stipulation to Continue Case Management Conference and [Proposed] Order filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 8/30/2018) (Entered: 08/30/2018)
2018-08-3020ORDER granting Stipulation to Continue Initial Case Management Conference signed by Magistrate Judge Elizabeth D. Laporte: granting 19 Stipulation. (shyS, COURT STAFF) (Filed on 8/30/2018) (Entered: 08/30/2018)
2018-09-2421MOTION to Appear by Telephone filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/24/2018) (Entered: 09/24/2018)
2018-09-2522ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zack, Adrienne) (Filed on 9/25/2018) (Entered: 09/25/2018)
2018-09-2523JOINT CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/25/2018) (Entered: 09/25/2018)
2018-09-2724ORDER granting Motion to Appear by Telephone signed by Magistrate Judge Elizabeth D. Laporte: granting 21 Motion. (shyS, COURT STAFF) (Filed on 9/27/2018) (Entered: 09/27/2018)
2018-10-0225Minute Entry for case management conference held on 10/2/2018 before Magistrate Judge Elizabeth D. Laporte. On or before 10/16/2018, the parties shall file a written update regarding the issues discussed at the hearing. A further case management conference is set for 10/23/2018 before Magistrate Judge Elizabeth D. Laporte. FTR Time: 10:12 - 10:19 Plaintiff Attorneys: Martha Darby and Elena Saxonhouse Defendant Attorney: Adriene Zack (telephonic appearance) (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 10/2/2018) (Entered: 10/04/2018)
2018-10-1626JOINT CASE MANAGEMENT STATEMENT - Updated filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/16/2018) (Entered: 10/16/2018)
2018-10-1827ORDER Re Updated Joint Case Management Statement by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/18/2018) (Entered: 10/18/2018)
2018-10-2328JOINT CASE MANAGEMENT STATEMENT - Updated filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/23/2018) (Entered: 10/23/2018)
2018-10-2329Minute Entry for further case management conference held on 10/23/2018 before Magistrate Judge Elizabeth D. Laporte. Discussion held regarding whether to set a schedule for rolling production and Plaintiff to file motion regarding that issue. FTR Time: 10:07 - 10:14 Plaintiff Attorneys: Marta Darby and Elena Saxonhouse Defendant Attorney: Adrienne Zack (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 10/23/2018) (Entered: 10/24/2018)
2018-11-0130STIPULATION WITH PROPOSED ORDER filed by Sierra Club. (Attachments: # 1 Declaration)(Darby, Marta) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0131STIPULATION AND ORDER Setting Briefing Schedule signed by Magistrate Judge Elizabeth D. Laporte: granting 30 Stipulation. (shyS, COURT STAFF) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0932MOTION for Summary Judgment filed by Sierra Club. Motion Hearing set for 12/18/2018 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Responses due by 11/28/2018. Replies due by 12/4/2018. (Attachments: # 1 Proposed Order, # 2 Exhibit Table of Exhibits, # 3 Exhibit Abell Declaration, # 4 Exhibit Chamberlain Declaration, # 5 Exhibit Darby Declaration, # 6 Exhibit Saxonhouse Declaration, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I)(Darby, Marta) (Filed on 11/9/2018) (Entered: 11/09/2018)
2018-11-2833CLERK'S NOTICE: The parties are hereby notified that the hearing on the motion for summary judgment is rescheduled to 12/20/2018 at 9:30 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 11/28/2018) (Entered: 11/28/2018)
2018-11-2834OPPOSITION/RESPONSE (re 32 MOTION for Summary Judgment ) filed byUnited States Environmental Protection Agency. (Attachments: # 1 Declaration of Brian Hope)(Zack, Adrienne) (Filed on 11/28/2018) (Entered: 11/28/2018)
2018-12-0435REPLY (re 32 MOTION for Summary Judgment ) filed bySierra Club. (Attachments: # 1 Exhibit, # 2 Declaration)(Saxonhouse, Elena) (Filed on 12/4/2018) (Entered: 12/04/2018)
2018-12-1136NOTICE by United States Environmental Protection Agency of Filing of Supplemental Declaration (Zack, Adrienne) (Filed on 12/11/2018) (Entered: 12/11/2018)
2018-12-1137Declaration of Brian Hope in Support of 34 Opposition/Response to Motion - Supplemental filed byUnited States Environmental Protection Agency. (Related document(s) 34 ) (Zack, Adrienne) (Filed on 12/11/2018) (Entered: 12/11/2018)
2018-12-2038Minute Entry for proceedings held on 12/20/2018 before Magistrate Judge Elizabeth D. Laporte regarding the motion for summary judgment. Hearing held. The parties shall meet and confer and submit a written update to the Court by 1/9/2019. The aforementioned update shall include agreements made between the parties and competing proposals if any disputes remain unresolved. FTR Time: 10:04 - 10:30 Plaintiff Attorneys: Elena Saxonhouse and Marta Darby Defendant Attorney: Adrienne Zack (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 12/20/2018) (Entered: 12/21/2018)
2018-12-2639ORDER Granting Plaintiff's Motion for Partial Summary Judgment and Addressing the Production Schedule by Magistrate Judge Elizabeth D. Laporte: granting 32 Motion. (shyS, COURT STAFF) (Filed on 12/26/2018) (Entered: 12/26/2018)
2018-12-2740ADMINISTRATIVE MOTION to Stay Deadline to Meet and Confer and File Update filed by United States Environmental Protection Agency. Responses due by 12/31/2018. (Attachments: # 1 Declaration of Adrienne Zack, # 2 Proposed Order)(Zack, Adrienne) (Filed on 12/27/2018) (Entered: 12/27/2018)
2018-12-2841OPPOSITION/RESPONSE (re 40 ADMINISTRATIVE MOTION to Stay Deadline to Meet and Confer and File Update ) filed bySierra Club. (Attachments: # 1 Proposed Order Plaintiff's Proposed Order)(Saxonhouse, Elena) (Filed on 12/28/2018) (Entered: 12/28/2018)
2019-01-0242ORDER on Defendant's Administrative Motion to Stay Deadline to Meet and Confer and File Update signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/2/2019) (Entered: 01/02/2019)
2019-01-1543ADMINISTRATIVE MOTION To Lift Stay re 42 Order filed by Sierra Club. Responses due by 1/22/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Saxonhouse, Elena) (Filed on 1/15/2019) (Entered: 01/15/2019)
2019-01-1544ORDER Re: Plaintiff's Administrative Motion to Lift Stay by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/15/2019) (Entered: 01/15/2019)
2019-01-1645OPPOSITION/RESPONSE (re 43 ADMINISTRATIVE MOTION To Lift Stay re 42 Order ) filed byUnited States Environmental Protection Agency. (Zack, Adrienne) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-1646Proposed Order re 45 Opposition/Response to Motion by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-1647ORDER Granting Plaintiff's Administrative Motion to Lift Stay signed by Magistrate Judge Elizabeth D. Laporte: granting as modified 43 Administrative Motion. (shyS, COURT STAFF) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-2248STATUS REPORT JOINT STATUS UPDATE ON DOCUMENT PRODUCTION SCHEDULE by Sierra Club. (Attachments: # 1 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER 49 FOR THE CORRECTION Proposed Order)(Darby, Marta) (Filed on 1/22/2019) Modified on 1/23/2019 (aaaS, COURT STAFF). (Entered: 01/22/2019)
2019-01-2349Proposed Order re 48 Status Report CORRECTION of Dkt. No. 48-1 by Sierra Club. (Darby, Marta) (Filed on 1/23/2019) (Entered: 01/23/2019)
2019-01-2350ORDER Setting Document Production Schedule for Tier One and Tier Two Documents signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/23/2019) (Entered: 01/23/2019)
2019-02-2151NOTICE of Change In Counsel by Marta R. Darby (Darby, Marta) (Filed on 2/21/2019) (Entered: 02/21/2019)
2019-03-1952STIPULATION WITH PROPOSED ORDER Regarding Document Production Schedule and Joint Status Update filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 3/19/2019) (Entered: 03/19/2019)
2019-03-2053ORDER granting Stipulation on Document Production Schedule signed by Magistrate Judge Elizabeth D. Laporte: granting 52 Stipulation. (shyS, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)
2019-05-0854JOINT STIPULATION AND [PROPOSED] ORDER to Modify Production Schedule filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 5/8/2019) (Entered: 05/08/2019)
2019-05-0855Order by Magistrate Judge Elizabeth D. Laporte granting 54 Joint Stipulation to Modify Production Schedule. (mllS, COURT STAFF) (Filed on 5/8/2019) (Entered: 05/09/2019)
2019-07-0156JOINT STATUS UPDATE AND STIPULATION ON DOCUMENT PRODUCTION SCHEDULE WITH [PROPOSED] ORDER; by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 7/1/2019) Modified on 7/2/2019 (aaaS, COURT STAFF). (Entered: 07/01/2019)
2019-07-01Electronic filing error . Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 56 STIPULATION WITH PROPOSED ORDER filed by United States Environmental Protection Agency The Correct Event is Stipulation & Proposed Order not Status Report (aaaS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/02/2019)
2019-07-0257ORDER directed parties to file a further status report by 9/6/2019 signed by Magistrate Judge Elizabeth D. Laporte: granting 56 Stipulation. (shyS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-09-0658STIPULATION WITH PROPOSED ORDER and Status Update filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-0959Order by Magistrate Judge Elizabeth D. Laporte granting 58 Stipulation and Status Update. Further Status Report due by 11/1/2019.(tmiS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)
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