Skip to content

Case Detail

[Subscribe to updates]
Case TitleFriends of the Black River Forest Inc v. United States Environmental Protection Agency
DistrictEastern District of Wisconsin
CityMilwaukee
Case Number2:2018cv01737
Date Filed2018-10-31
Date ClosedOpen
JudgeChief Judge Pamela Pepper
PlaintiffFriends of the Black River Forest Inc
Case DescriptionThe Friends of the Black River Forest submitted a FOIA request to the EPA for records concerning a letter to then-acting Administrator Catherine McCabe from Sen. Ron Johnson (R-WI) and Rep. Glenn Grothman (R-WI) concerning a proposed rule implementing the non-attainment areas for the National Ambient Air Quality Standards for ozone. The agency acknowledged receipt of the request, but after hearing nothing further, the Friends contacted the Office of Government Information Services for assistance. The EPA told OGIS that it was still processing the Friends' request. The Friends then 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
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-311COMPLAINT against United States Environmental Protection Agency by Friends of the Black River Forest Inc. ( Filing Fee PAID $400 receipt number 0757-2958474) (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Westerberg, Christa)
2018-10-31NOTICE Regarding assignment of this matter to Judge Pamela Pepper ;Consent/refusal forms for Magistrate Judge Jones to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl) (Entered: 11/01/2018)
2018-11-012NOTICE of Appearance by Aaron G Dumas on behalf of Friends of the Black River Forest Inc. Attorney(s) appearing: Aaron G. Dumas (Dumas, Aaron)
2018-11-013DISCLOSURE Statement by Friends of the Black River Forest Inc. (Dumas, Aaron)
2018-11-02Summons Issued as to United States Environmental Protection Agency. (amb)
2018-11-024Magistrate Judge Jurisdiction Form filed by Friends of the Black River Forest Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Dumas, Aaron)
2018-11-155Return of Service of Complaint by Certified Mail by Friends of the Black River Forest Inc served upon Environmental Protection Agency on 11/6/18 (Attachments: # 1 Exhibit A - Return of Service by Certified Mail)(Westerberg, Christa) Modified on 11/16/2018 (amb).
2018-12-046MOTION for Extension of Time to File Answer or Other Responsive Pleading by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Larsen, Christian)
2018-12-117TEXT ONLY ORDER signed by Judge Pamela Pepper on 12/11/2018 re 6 Defendant's Motion for Extension of Time to File an Answer or Other Responsive Pleading. The court GRANTS the unopposed motion for an extension of time. The court ORDERS that the time for the United States Environmental Protection Agency to file an answer or other responsive pleading to the complaint is EXTENDED until the end of the day on December 19, 2018. Note: there is no document associated with this text only order. (cc: all counsel) (cb)
2018-12-198ANSWER to 1 Complaint, and Affirmative Defenses by United States Environmental Protection Agency.(Larsen, Christian)
2018-12-209NOTICE of Hearing: Rule 16 Scheduling Conference set for 4/17/2019 at 10:30 AM by telephone before Judge Pamela Pepper. Parties wishing to appear by phone may do so by calling the court's conference line at 888-557-8511 and using access code 4893665#. Rule 26 Discovery Plan due by 4/3/2019. (cc: all counsel)(cb)
2019-04-0310Joint REPORT of Rule 26(f) Plan by Friends of the Black River Forest Inc. (Westerberg, Christa)
2019-04-1711Audio of Scheduling Conference held on 4/17/2019 at 10:31 a.m.; File Size(6.8 MB) (cb) (Entered: 04/18/2019)
2019-04-1712Minute and Order entry for proceedings held before Judge Pamela Pepper: Scheduling Conference held on 4/17/2019. By 6/3/2019 defendant to produce non-exempt records to plaintiff, file stipulation for extension, or file motion for extension. (cb) (Entered: 04/22/2019)
2019-06-0313STIPULATION for Extension of Time to Produce Documents by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Larsen, Christian)
2019-06-0414TEXT ONLY ORDER signed by Judge Pamela Pepper on 6/4/2019 re 13 Stipulation for Extension of Time to Produce Documents. The court APPROVES the parties' stipulation. The court ORDERS that the time for the defendant to either produce additional non-exempt records to the plaintiff, file a stipulation for an extension of that deadline, or file a motion asking the court to extend the deadline is EXTENDED until the end of the day on July 3, 2019. Note: there is no document associated with this text only order. (cc: all counsel)(cb)
2019-07-0315Expedited MOTION for Extension of Time to Produce Records by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Larsen, Christian)
2019-07-0916TEXT ONLY ORDER signed by Judge Pamela Pepper on 7/9/2019 re 15 Defendant's Civil L.R. 7(h) Expedited Non-Dispositive Motion for Extension of Time to Produce Records. The court GRANTS the unopposed motion for an extension of time. The court ORDERS that the time for the defendant to either produce additional non-exempt records to the plaintiff or file a motion for a further extension is EXTENDED until the end of the day on August 5, 2019. Note: there is no document associated with this text only order. (cc: all counsel) (cb)
2019-08-0517Rule 7(h) Expedited Non-Dispositive MOTION to Expedite Extension of Time to Produce Records by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Larsen, Christian)
2019-08-0718RESPONSE to Motion filed by Friends of the Black River Forest Inc re 17 Rule 7(h) Expedited Non-Dispositive MOTION to Expedite Extension of Time to Produce Records . (Attachments: # 1 Text of Proposed Order proposed order)(Westerberg, Christa)
2019-08-0719DECLARATION of Christa Westerberg (Attachments: # 1 Exhibit A - Email String)(Westerberg, Christa)
2019-08-2020ORDER signed by Judge Pamela Pepper on 8/20/2019 GRANTING IN PART 17 defendant's motion for extension of time to produce documents. Starting 9/15/2019, and by 15th of each month, defendant to make monthly, interim productions of any documents identified as responsive. Final production to be made and all responsive documents to be turned over by 1/15/2020. (cc: all counsel) (cb)
2020-06-0321STIPULATION to Dismiss and for an Award of Attorney's Fees by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Larsen, Christian)
2020-06-0522ORDER DISMISSING CASE signed by Chief Judge Pamela Pepper on 6/5/2020 APPROVING 21 stipulation of dismissal and for award of attorney fees. Case DISMISSED with prejudice under FRCP 41(a)(1)(A)(ii); defendant to pay to plaintiff award of $18,000 in attorney fees and costs. (cc: all counsel)(cb)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar