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Case TitleHALL & ASSOCIATES v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01095
Date Filed2019-04-18
Date Closed2020-08-12
JudgeJudge Rudolph Contreras
PlaintiffHALL & ASSOCIATES
Case DescriptionHall & Associates submitted a FOIA request to the EPA in 2018 for records concerning the email distribution list used for sending out emails pertaining to an agency email entitled Prepare for Harmful Algae Blooms. The agency acknowledged receipt of the request and asked Hall & Associates for $300 to cover the costs of processing the request. Hall & Associates filed an administrative appeal challenging the agency's practice of requesting excessive fees. The agency ultimately disclosed the list but refused to disclose email addresses where the domain name suggested that they were personal under Exemption 6 (invasion of privacy). In 2019, Hall & Associates also submitted a FOIA request for the email distribution list pertaining to an email announcing a webinar on water quality issues. After hearing nothing further from the agency pertaining to either request, Hall & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [17]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-181COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6068030) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Hall, John) (Entered: 04/18/2019)
2019-04-19Case Assigned to Judge Rudolph Contreras. (zef, ) (Entered: 04/19/2019)
2019-04-192SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 04/19/2019)
2019-05-293NOTICE of Appearance by Christopher Charles Hair on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Hair, Christopher) (Entered: 05/29/2019)
2019-05-294ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Hair, Christopher) (Entered: 05/29/2019)
2019-05-29MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit, on or before June 12, 2019, a proposed schedule to govern further proceedings. SO ORDERED. Signed by Judge Rudolph Contreras on May 29, 2019. (lcrc3) (Entered: 05/29/2019)
2019-05-30Set/Reset Deadlines: proposed schedule to govern further proceedings due by 6/12/2019. (hs) (Entered: 05/30/2019)
2019-06-125Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Hair, Christopher) (Entered: 06/12/2019)
2019-06-13MINUTE ORDER: Upon consideration of 5 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on or before July 10, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on June 13, 2019. (lcrc3) (Entered: 06/13/2019)
2019-06-13Set/Reset Deadlines: Status Report due by 7/10/2019. (tj) (Entered: 06/13/2019)
2019-07-106Joint STATUS REPORT and proposed briefing schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Hair, Christopher) (Entered: 07/10/2019)
2019-07-10MINUTE ORDER: Upon consideration of 6 the parties' Joint Status Report, it is hereby ORDERED that the following schedule shall govern further proceedings: EPA's Motion for Summary Judgment shall be due by September 9, 2019; Plaintiff's Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion shall by due by November 8, 2019; EPA's Opposition to Plaintiff's Motion and Reply shall be due by December 9, 2019; and Plaintiff's Reply shall be due by January 10, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on July 10, 2019. (lcrc3) (Entered: 07/10/2019)
2019-07-11Set/Reset Deadlines: Cross Motions due by 11/8/2019. Response to Cross Motions due by 12/9/2019. Reply to Cross Motions due by 1/10/2020. Summary Judgment motions due by 9/9/2019. Response to Motion for Summary Judgment due by 11/8/2019. Reply to Motion for Summary Judgment due by 12/9/2019. (tj) (Entered: 07/11/2019)
2019-09-097Unopposed MOTION for Extension of Time to File Motion for Summary Judgment (and extend briefing schedule) by U.S. ENVIRONMENTAL PROTECTION AGENCY (Hair, Christopher) (Entered: 09/09/2019)
2019-09-09MINUTE ORDER granting 7 Defendant's Unopposed Motion for Extension of Time. It is hereby ORDERED that Defendant's Motion for Summary Judgment is due by September 16, 2019; Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion are due by November 15, 2019; Defendant's Opposition to Plaintiff's Cross-Motion and Reply are due by December 16, 2019; and Plaintiff's Reply is due by January 17, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on September 9, 2019. (lcrc3) (Entered: 09/09/2019)
2019-09-168MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of David Travers, # 4 Declaration of Macara Lousberg, # 5 Text of Proposed Order)(Hair, Christopher) (Entered: 09/16/2019)
2019-11-149Cross MOTION for Summary Judgment by HALL & ASSOCIATES (Attachments: # 1 Memorandum in Support, # 2 Exhibit in Support, # 3 Statement of Facts, # 4 Declaration of John C. Hall, # 5 Text of Proposed Order)(Hall, John) (Entered: 11/14/2019)
2019-11-1410RESPONSE re 8 MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Memorandum in Support, # 2 Exhibit in Support, # 3 Statement of Facts, # 4 Declaration of John C. Hall, # 5 Text of Proposed Order)(Hall, John) (Entered: 11/14/2019)
2019-12-1611Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment , 9 Cross MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Hair, Christopher) (Entered: 12/16/2019)
2019-12-16MINUTE ORDER granting 11 Defendant's consent motion for extension of time. It is hereby ORDERED that Defendant's opposition to Plaintiff's motion and reply shall be due by December 30, 2019, and Plaintiff's reply shall be due by January 31, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on December 16, 2019. (lcrc3) (Entered: 12/16/2019)
2019-12-17Set/Reset Deadlines: Responses due by 12/20/2019 and Replies due by 1/31/2020. (tj) (Entered: 12/17/2019)
2019-12-3012MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Hair, Christopher) (Entered: 12/30/2019)
2019-12-3113Memorandum in opposition to re 9 Cross MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Statement of Facts (in response to Plaintiff's Statement of Facts), # 2 Declaration of David Travers (Second), # 3 Declaration of Macara Lousberg (Second))(Hair, Christopher) (Entered: 12/31/2019)
2019-12-3114REPLY to opposition to motion re 8 MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration of David Travers (Second), # 2 Declaration of Macara Lousberg (Second))(Hair, Christopher) (Entered: 12/31/2019)
2020-01-02MINUTE ORDER granting 12 Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its Opposition on or before December 31, 2019, and that Plaintiff shall file its Reply on or before February 3, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 1/2/2020. (lcrc2) (Entered: 01/02/2020)
2020-01-02Set/Reset Deadlines: Response due by 12/21/2019. Reply due by 2/3/2020. (zgdf) (Entered: 01/02/2020)
2020-01-3115REPLY to opposition to motion re 9 Cross MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Declaration of Hall Rule 56(d))(Hall, John) (Entered: 01/31/2020)
2020-08-1216ORDER granting 8 Defendant's Motion for Summary Judgment; denying 9 Plaintiff's Cross Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 08/12/2020. (lcrc3) (Entered: 08/12/2020)
2020-08-1217MEMORANDUM OPINION granting 8 Defendant's Motion for Summary Judgment; denying 9 Plaintiff's Cross Motion for Summary Judgment. See document for details. Signed by Judge Rudolph Contreras on 08/12/2020. (lcrc3) (Entered: 08/12/2020)
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