Skip to content

Case Detail

[Subscribe to updates]
Case TitleGRAVES GARRETT, LLC v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02863
Date Filed2018-12-06
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffGRAVES GARRETT, LLC
Case DescriptionThe law firm of Graves Garrett submitted 46 FOIA requests to the EPA for records concerning the Ramazzini Institute. The agency acknowledged receipt of the requests, but after the agency either failed to respond to requests or limited the scope of the request, Graves Garrett filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-061COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5826049) filed by GRAVES GARRETT, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Civil Cover Sheet, # 12 Summons Attorney General of the United States, # 13 Summons United States Environmental Protection Agency, # 14 Summons United States Attorney's Office)(Greim, Edward) (Entered: 12/06/2018)
2018-12-10Case Assigned to Judge Reggie B. Walton. (zjd) (Entered: 12/10/2018)
2018-12-102SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney, and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 12/10/2018)
2018-12-113GENERAL ORDER. Signed by Judge Reggie B. Walton on December 11, 2018. (lcrbw1) (Entered: 12/11/2018)
2018-12-124LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GRAVES GARRETT, LLC (Greim, Edward) (Entered: 12/12/2018)
2018-12-135MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Callie Pippin Raitinger, :Firm- Graves Garrett LLC, :Address- 1100 Main Street, Suite 2700, Kansas City, MO 64105. Phone No. - (816) 256-3181. Fax No. - (816) 256-5958 Filing fee $ 100, receipt number 0090-5837968. Fee Status: Fee Paid. by GRAVES GARRETT, LLC (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Greim, Edward) (Entered: 12/13/2018)
2018-12-18MINUTE ORDER. The Court having considered the plaintiff's 5 Motion For Admission Pro Hac Vice of Callie Pippin Raitinger, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Callie Pippin Raitinger, Graves Garrett LLC, 1100 Main Street, Suite 2700, Kansas City, Missouri 64105 is ADMITTED to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on December 18, 2018. (lcrbw1) (Entered: 12/18/2018)
2019-01-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/18/2018. (Raitinger, Callie) (Entered: 01/09/2019)
2019-01-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/18/2018. Answer due for ALL FEDERAL DEFENDANTS by 1/17/2019. (Raitinger, Callie) (Entered: 01/09/2019)
2019-01-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 12/17/2018 (Raitinger, Callie) Modified to indicate correct party served on 1/10/2019 (ztd). (Entered: 01/09/2019)
2019-01-179Unopposed MOTION to Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Van Horn, Daniel). Added MOTION for Extension of Time to on 1/24/2019 (jf). (Entered: 01/17/2019)
2019-01-22MINUTE ORDER. Upon consideration of the 9 Unopposed Motion to Stay Proceedings and for Extension of Time in Light of Lapse in Appropriations, and for good cause shown, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the government seeks to vacate the impending deadlines in this case. The motion is DENIED in all other respects. It is further ORDERED that the impending deadlines in this case are VACATED pending further Order of the Court. It is further ORDERED that, on or before January 28, 2019, the parties shall file a joint status report regarding how this case shall proceed. Signed by Judge Reggie B. Walton on January 22, 2019. (lcrbw1) (Entered: 01/22/2019)
2019-01-22Set/Reset Deadlines: Joint Status Report due by 1/28/2019 (hs) (Entered: 01/22/2019)
2019-01-2310Unopposed MOTION for Extension of Time to File Joint Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Van Horn, Daniel) (Entered: 01/23/2019)
2019-01-24MINUTE ORDER. Upon consideration of the defendant's 10 Second Unopposed Motion for an Extension of Time in Light of Lapse of Appropriations, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the impending deadlines in this case are VACATED pending further Order of the Court. It is further ORDERED that, on or before fourteen days after appropriations have been restored, the parties shall file a joint status report proposing new deadlines in this case. Signed by Judge Reggie B. Walton on January 24, 2019. (lcrbw1) (Entered: 01/24/2019)
2019-02-0611NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Daniel F. Van Horn (Simon, Jeremy) (Entered: 02/06/2019)
2019-02-0612Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 02/06/2019)
2019-02-14MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the defendant shall file its answer or otherwise respond to the plaintiff's complaint on or before February 26, 2019. It is further ORDERED that the parties shall file a joint statement on or before March 12, 2019. Signed by Judge Reggie B. Walton on February 14, 2019. (lcrbw1) (Entered: 02/14/2019)
2019-02-15Set/Reset Deadlines: Answer to the Complaint due by 2/26/2019, Joint Status Report due by 3/12/2019 (hs) (Entered: 02/15/2019)
2019-02-2113Consent MOTION to Amend/Correct 1 Complaint,, by GRAVES GARRETT, LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order Proposed Order Granting Motion to Amend)(Raitinger, Callie) (Entered: 02/21/2019)
2019-02-25MINUTE ORDER. Upon consideration of the 13 Plaintiff's Consent Motion to File Its First Amended Complaint, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the plaintiff shall file its First Amended Complaint and any exhibits thereto on or before March 1, 2019. Signed by Judge Reggie B. Walton on February 25, 2019. (lcrbw1) (Entered: 02/25/2019)
2019-02-25Set/Reset Deadlines: First Amended Complaint and any exhibits due by 3/1/2019. (hs) (Entered: 02/25/2019)
2019-02-2514AMENDED COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY filed by GRAVES GARRETT, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Greim, Edward) (Entered: 02/25/2019)
2019-03-0515Consent MOTION for Extension of Time to Answer or Otherwise Respond to Amended Complaint and for Parties to Submit Joint Statement by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/05/2019)
2019-03-11MINUTE ORDER. Upon consideration of the defendant's 15 Consent Motion for Extension of Time to Answer or Otherwise Respond to Amended Complaint and for Extension of Deadline for Parties to File Their Joint Statement, and for good cause shown, it is hereby ORDERED that this motion is GRANTED. It is further ORDERED that the defendant shall file its answer or otherwise respond to the Amended Complaint on or before March 19, 2019. It is further ORDERED that the parties shall file a joint statement on or before March 22, 2019. Signed by Judge Reggie B. Walton on March 11, 2019. (lcrbw1) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Answer due by 3/19/2019 to the Amended Complaint. Joint statement by 3/22/2019. (gdf) (Entered: 03/11/2019)
2019-03-13Set/Reset Deadlines: Answer to the Amended Complaint due by 3/19/2019, Joint Status Report due by 3/22/2019 (hs) (Entered: 03/13/2019)
2019-03-1916ANSWER to 14 Amended Complaint, by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Simon, Jeremy) (Entered: 03/19/2019)
2019-03-2217Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 03/22/2019)
2019-03-25MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a joint statement on or before April 24, 2019. Signed by Judge Reggie B. Walton on March 25, 2019. (lcrbw1) (Entered: 03/25/2019)
2019-03-27Set/Reset Deadlines: Joint Status Report due by 4/24/2019 (hs) (Entered: 03/27/2019)
2019-04-2318Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 04/23/2019)
2019-04-25MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before June 3, 2019, regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on April 25, 2019. (lcrbw1) (Entered: 04/25/2019)
2019-04-25Set/Reset Deadlines: Joint Status Report due by 6/3/2019 (hs) (Entered: 04/25/2019)
2019-06-0319Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 06/03/2019)
2019-06-04MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or before July 15, 2019, regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on June 4, 2019. (lcrbw1) (Entered: 06/04/2019)
2019-06-05Set/Reset Deadlines: Joint Status Report due by 7/15/2019 (hs) (Entered: 06/05/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Reggie B. Walton is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-07-1520Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 07/15/2019)
2019-07-16The Court has received the Parties' 20 Joint Status Report, which indicates that Defendant estimates there are approximately 4000 records potentially responsive to Plaintiff's request that remain to be reviewed and that the Parties have reached an impasse regarding a schedule for the processing of these potentially responsive records. Upon consideration of each party's position, it is hereby ORDERED that Defendant process the remaining potentially responsive records at a rate of 800 documents per month until processing is complete, and that Defendant produce responsive, non-exempt records at the end of each month with the next production of documents occurring at the end of July 2019. It is further ORDERED that the Parties shall confer and file a Joint Status Report on or before July 31, 2019. The Joint Status Report shall address: (1) the status of the Plaintiff's FOIA request; (2) the anticipated number of documents responsive to the Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on July 16, 2019. (lccjn1) (Entered: 07/16/2019)
2019-07-16Set/Reset Deadlines/Hearings: Joint Status Report due by 7/31/2019. (zcdw) (Entered: 07/22/2019)
2019-07-3121Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 07/31/2019)
2019-08-02MINUTE ORDER. In light of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by September 19, 2019. Signed by Judge Carl J. Nichols on August 2, 2019. (lccjn1) (Entered: 08/02/2019)
2019-08-02Set/Reset Deadlines: Parties Additional Joint Status Report due by 9/19/2019. (mac) (Entered: 08/02/2019)
2019-09-1922Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 09/19/2019)
2019-09-20MINUTE ORDER. In light of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before October 30, 2019. Signed by Judge Carl J. Nichols on September 20, 2019. (lccjn1) (Entered: 09/20/2019)
2019-09-20Set/Reset Deadlines/Hearings: Joint Status Report due by 10/30/2019. (zcdw) (Entered: 09/24/2019)
2019-10-3023Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 10/30/2019)
2019-11-01MINUTE ORDER. In light of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before December 4, 2019. Signed by Judge Carl J. Nichols on November 1, 2019. (lccjn1) (Entered: 11/01/2019)
2019-11-01Set/Reset Deadlines/Hearings: Joint Status Report due by 12/4/2019. (zcdw) (Entered: 11/04/2019)
2019-12-0424Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 12/04/2019)
2019-12-04MINUTE ORDER. In light of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report on or before January 29, 2020. Signed by Judge Carl J. Nichols on December 4, 2019. (lccjn1) (Entered: 12/04/2019)
2019-12-04Set/Reset Deadlines/Hearings: Joint Status Report due by 1/29/2020. (zcdw) (Entered: 12/08/2019)
2020-01-2925Joint STATUS REPORT by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 01/29/2020)
2020-01-30MINUTE ORDER. After review of the Parties' 25 Joint Status Report, it is hereby ORDERED that (1) on or before May 21, 2020, Defendant shall file its Motion for Summary Judgment; (2) on or before July 10, 2020, Plaintiff shall file its Opposition to Defendant's Motion and its Cross-Motion for Summary Judgment; (3) on or before August 17, 2020, Defendant shall file its Opposition to Plaintiff's Cross-Motion and its Reply in support of its Motion; and (4) on or before September 18, 2020, Plaintiff shall file its Reply in support of its Cross-Motion. Signed by Judge Carl J. Nichols on January 30, 2020. (lccjn1) (Entered: 01/30/2020)
2020-01-30Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 5/21/2020. Response to Motion for Summary Judgment due by 7/10/2020. Reply to Motion for Summary Judgment due by 8/17/2020. Plaintiff's Cross Motion due by 7/10/2020. Response to Cross Motion due by 8/17/2020. Reply to Cross Motion due by 9/18/2020. (zcdw) (Entered: 01/30/2020)
2020-05-1826Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/18/2020)
2020-05-1927STANDING ORDER. Signed by Judge Carl J. Nichols on May 19, 2020. (lccjn1) (Entered: 05/19/2020)
2020-05-1928AMENDED SCHEDULING ORDER. Signed by Judge Carl J. Nichols on May 19, 2020. (lccjn1) (Entered: 05/19/2020)
2020-05-19Set/Reset Deadlines/Hearings: Summary Judgment motions due by 6/30/2020. Response to Motion for Summary Judgment due by 8/19/2020. Reply to Motion for Summary Judgment due by 9/25/2020. Cross Motion due by 8/19/2020. Response to Cross Motion due by 9/25/2020. Reply to Cross Motion due by 10/28/2020. (zcdw) (Entered: 05/21/2020)
2020-06-2529Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/25/2020)
2020-06-2630SECOND AMENDED SCHEDULING ORDER. Signed by Judge Carl J. Nichols on June 26, 2020. (lccjn1) (Entered: 06/26/2020)
2020-06-26Set/Reset Deadlines: Summary Judgment motions due by 9/30/2020. Cross Motions due by 11/18/2020. Response to Motion for Summary Judgment due by 11/18/2020. Response to Cross Motions due by 12/17/2020. Reply to Motion for Summary Judgment due by 12/17/2020. Reply to Cross Motions due by 1/20/2021. (zcal) (Entered: 06/29/2020)
2020-09-2231Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/22/2020)
2020-10-2832Unopposed MOTION for Extension of Time to File Motion for Summary Judgment and for Adjustment of Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 10/28/2020)
2020-10-2833THIRD AMENDED SCHEDULING ORDER. Signed by Judge Carl J. Nichols on October 28, 2020. (lccjn1) (Entered: 10/28/2020)
2020-10-28Set/Reset Deadlines: Summary Judgment motions due by 11/20/2020. Vaughn Index due by 11/20/2020. Response to Motion for Summary Judgment due by 1/20/2021. Cross Motions due by 1/20/2021. Response to Cross Motions due by 2/10/2021. Reply to Motion for Summary Judgment due by 2/10/2021. Reply to Cross Motions due by 3/3/2021. (zcal) (Entered: 10/29/2020)
2020-11-1934STIPULATION of Dismissal by GRAVES GARRETT, LLC. (Raitinger, Callie) (Entered: 11/19/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar