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Case TitleHALL & ASSOCIATES v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01749
Date Filed2018-07-26
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffHALL & ASSOCIATES
Case DescriptionHall & Associates submitted a FOIA request to the EPA for records concerning 35 documents pertaining to a Desk Statement made by the agency as to whether it would follow the Eighth Circuit's decision in Iowa League of Cities. The agency had previously withheld the documents under Exemption 5 (privileges), but a recent district court decision found that the agency had waived protection for records created after the Desk Statement was issued in November 2013. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Hall & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Defendant2255
ENVIRONMENTAL PROTECTION AGENCY
1200 Pennsylvania Ave., N.W.
Washington, DC 20460
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-261COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5606534) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. 1-6, # 2 Civil Cover Sheet, # 3 Summons AG, USAO, EPA HQ summons)(Hall, John) (Entered: 07/26/2018)
2018-07-27Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 07/27/2018)
2018-07-302STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/30/18. (lcrdm3, ) (Entered: 07/30/2018)
2018-07-303SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/31/2018)
2018-08-034AMENDED COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY filed by HALL & ASSOCIATES. (Attachments: # 1 Redline Amended Complaint, # 2 Exhibit Exs. 1-6, # 3 Certificate of Service)(Hall, John) (Entered: 08/03/2018)
2018-08-155NOTICE of Appearance by Scott Leeson Sroka on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott) (Entered: 08/15/2018)
2018-09-056ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 09/05/2018)
2018-09-067Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott) (Entered: 09/06/2018)
2018-09-09MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on October 10, 2018, at 10:30 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 9/9/2018. (lcrdm3, ) (Entered: 09/09/2018)
2018-09-10Set/Reset Hearings: Initial Scheduling Conference set for 10/10/2018, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/10/2018)
2018-09-10MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time 7 it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiff's amended complaint on or before September 12, 2018. Signed by Judge Randolph D. Moss on 9/10/2018. (lcrdm3, ) (Entered: 09/10/2018)
2018-09-10Set/Reset Deadlines: Defendant shall respond to Plaintiff's amended complaint on or before 9/12/2018. (kt) (Entered: 09/10/2018)
2018-09-128ANSWER to 4 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 09/12/2018)
2018-10-039MOTION to Strike 8 Answer to Amended Complaint by HALL & ASSOCIATES (Attachments: # 1 Exhibit A-D)(Hall, John) (Entered: 10/03/2018)
2018-10-10Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 10/10/2018. The Government shall provide any non-exempt records to Plaintiff, on or before 10/31/2018. A Status Conference is set for 11/30/2018, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. Plaintiff's 9 Motion to Strike Answer to Amended Complaint is DENIED, without prejudice, for the reasons stated on the record. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/10/2018)
2018-11-2310ENTERED IN ERROR. . . . . MOTION to Amend/Correct 6 Answer to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Plaintiff's 11/1/18 Letter, # 2 Exhibit B - EPA's 10/31/18 Response Letter, # 3 Exhibit C - Plaintiff's Proposed Rule 11 Motion, # 4 Exhibit D - EPA's Proposed Amended Answer, # 5 Exhibit E - EPA's 11/23/18 Supplemental Response Letter)(Sroka, Scott). Added MOTION on 11/26/2018 (ztd). Modified on 11/26/2018 (ztd). (Entered: 11/23/2018)
2018-11-2311MOTION to Strike 4 Amended Complaint to the Extent It Includes Immaterial and Impertinent Allegations by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Plaintiff's 11/1/18 Letter, # 2 Exhibit B - EPA's 10/31/18 Response Letter, # 3 Exhibit C - Plaintiff's Proposed Motion, # 4 Exhibit D - EPA's Proposed Amended Answer, # 5 Exhibit E - EPA's 11/23/18 Supplemental Response Letter)(Sroka, Scott) (Entered: 11/23/2018)
2018-11-2312MOTION to Amend/Correct 8 Answer to Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Plaintiff's 11/1/18 Letter, # 2 Exhibit B - EPA's 10/31/18 Response Letter, # 3 Exhibit C - Plaintiff's Proposed Motion, # 4 Exhibit D - EPA's Proposed Amended Answer, # 5 Exhibit E - EPA's 11/23/18 Supplemental Response Letter)(Sroka, Scott) (Entered: 11/23/2018)
2018-11-26NOTICE OF CORRECTED DOCKET ENTRY: re 10 MOTION to Amend/Correct 6 Answer to Complaint was entered in error per counsel and said pleading was refiled. (see entries 11 and 12 ) (ztd) (Entered: 11/26/2018)
2018-11-2713NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit 1)(Hall, John) (Entered: 11/27/2018)
2018-11-2914NOTICE of Supplemental Filing by U.S. ENVIRONMENTAL PROTECTION AGENCY re 11 MOTION to Strike 4 Amended Complaint to the Extent It Includes Immaterial and Impertinent Allegations , 12 MOTION to Amend/Correct 8 Answer to Amended Complaint (Attachments: # 1 Exhibit Redlined Proposed Amended Answer)(Sroka, Scott) (Entered: 11/29/2018)
2018-11-30Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 11/30/2018. The 11 Motion to Strike Amended Complaint, and the 12 Motion to Amend/Correct Answer to Amended Complaint, are DENIED AS MOOT. Plaintiff is granted leave to file a Second Amended Complaint by 12/10/2018; Defendant shall respond in due course. A Status Conference is set for 1/9/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 11/30/2018)
2018-12-0315NOTICE of Decision to Not Submit Second Amended Complaint by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 12/03/2018)
2018-12-1416TRANSCRIPT OF STATUS CONFERENCE HEARING before Judge Randolph D. Moss held on November 30, 2018. Page Numbers: 1 - 38. Date of Issuance: December 14, 2018. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019.(Hook, Jeff) (Entered: 12/14/2018)
2018-12-1817RESPONSE re 15 Notice (Other) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 12/18/2018)
2019-01-0418MOTION to Deem Certain Complaint Allegations Admitted by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/04/2019)
2019-01-0419MOTION for Sanctions by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/04/2019)
2019-01-0420Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/04/2019)
2019-01-07MINUTE ORDER: Upon consideration of Defendant's unopposed motion to stay 20 , it is hereby ORDERED that the motion is GRANTED. The case shall be STAYED until further order of the Court, and the status conference scheduled for January 9, 2019 at 10:00 a.m. is hereby VACATED. It is further ORDERED that Defendant shall inform the Court when Congress has appropriated funding for the EPA and the Department of Justice to resume work and shall file a status report within seven (7) calendar days after Congress has appropriated funds with new proposed deadlines in this matter. Signed by Judge Randolph D. Moss on 1/7/2019. (lcrdm3, ) (Entered: 01/07/2019)
2019-01-31MINUTE ORDER: In light of the restoration of funding, this case is hereby UNSTAYED. It is further ORDERED that Defendant shall file a joint status report on or before February 4, 2019. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm3, ) (Entered: 01/31/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report due by 2/4/2019. (kt) (Entered: 02/01/2019)
2019-02-0421STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 02/04/2019)
2019-02-0422STATUS REPORT by HALL & ASSOCIATES. (Hall, John) (Entered: 02/04/2019)
2019-02-04MINUTE ORDER: Upon consideration of the parties' status reports, Dkt. 21 ; Dkt. 22 , it is hereby ORDERED that the EPA shall respond to Plaintiff's motions, Dkt. 18 ; Dkt. 19 , on or before February 19, 2019. It is further ORDERED that Plaintiff shall reply on or before February 26, 2019. The parties are further ORDERED to meet and confer and to jointly propose a summary judgment briefing schedule to the Court on or before February 26, 2019. Signed by Judge Randolph D. Moss on 2/4/2019. (lcrdm3, ) (Entered: 02/04/2019)
2019-02-04Set/Reset Deadlines: Responses to 18 and 19 due by 2/19/2019. Replies to 18 and 19 due by 2/26/2019. Jointly propose a summary judgment briefing schedule by 2/26/2019. (dot) (Entered: 02/05/2019)
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