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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01317
Date Filed2019-05-07
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the EPA for records concerning communications between EPA and the National Marine Fisheries Service mentioning EPA's development and implementation of an effectiveness monitoring plan pertaining to the use of pesticides containing chlorpyrifos, diazinon, and malathion. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-071COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-6106656) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Attorney, # 3 Summons Attorney General, # 4 Summons Environmental Protection Agency)(Connor, Hannah) (Entered: 05/07/2019)
2019-05-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Connor, Hannah) (Entered: 05/07/2019)
2019-05-073MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Carter Evans, :Firm- Center for Biological Diversity, :Address- 1212 Broadway, Suite 800, Oakland, CA 94612. Phone No. - 510-844-7118. Fax No. - n/a Filing fee $ 100, receipt number 0090-6106741. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Jonathan Evans, # 2 Text of Proposed Order)(Connor, Hannah) (Entered: 05/07/2019)
2019-05-08Case Assigned to Judge Amit P. Mehta. (zef, ) (Entered: 05/08/2019)
2019-05-084SUMMONS (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: 05/08/2019)
2019-05-09MINUTE ORDER granting 3 Plaintiff's Motion for Admission of Attorney Pro Hac Vice. Attorney Jonathan Carter Evans is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 05/09/2019. (lcapm1) (Entered: 05/09/2019)
2019-05-105NOTICE of Appearance by Jonathan Evans on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Evans, Jonathan) (Entered: 05/10/2019)
2019-05-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/16/2019. (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-05-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 5/16/2019 (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-05-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/17/2019. (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-06-119Consent MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 06/11/2019)
2019-06-12MINUTE ORDER granting 9 Defendant's Consent Motion for an Extension of Time. Defendant's response to Plaintiff's Complaint shall be due on or before July 9, 2019. Signed by Judge Amit P. Mehta on 06/12/2019. (lcapm1) (Entered: 06/12/2019)
2019-06-12Set/Reset Deadlines: Defendant's Responsive Pleading due by 7/9/2019. (zjd) (Entered: 06/12/2019)
2019-07-0910ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Truong, John) (Entered: 07/09/2019)
2019-07-1011ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 24, 2019. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to 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 Amit P. Mehta on 07/10/2019. (lcapm1) Modified document type on 7/12/2019 (zjd). (Entered: 07/10/2019)
2019-07-10Set/Reset Deadlines: Joint Status Report due by 7/24/2019. (zjd) (Entered: 07/12/2019)
2019-07-2412Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 07/24/2019)
2019-07-25MINUTE ORDER. The parties shall file a Joint Status Report on or before August 23, 2019, which updates the court on the agency's search and production efforts. Signed by Judge Amit P. Mehta on 7/25/2019. (lcapm1) (Entered: 07/25/2019)
2019-07-25Set/Reset Deadlines: Joint Status Report due by 8/23/2019. (zjd) (Entered: 07/25/2019)
2019-08-2013Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 08/20/2019)
2019-08-21MINUTE ORDER. The parties shall file a Joint Status Report on or before October 8, 2019, which updates the court on the agency's search and production efforts. Signed by Judge Amit P. Mehta on 8/21/2019. (lcapm1) (Entered: 08/21/2019)
2019-08-21Set/Reset Deadlines: Joint Status Report due by 10/8/2019. (zjd) (Entered: 08/21/2019)
2019-10-0814Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 10/08/2019)
2019-11-1315Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 11/13/2019)
2019-11-13MINUTE ORDER. The parties shall file an additional Joint Status Report by December 18, 2019, which proposes a schedule for further proceedings in this matter, if necessary. Signed by Judge Amit P. Mehta on 11/13/2019. (lcapm1) (Entered: 11/13/2019)
2019-11-13Set/Reset Deadlines: Joint Status Report due by 12/18/2019. (zjd) (Entered: 11/15/2019)
2019-12-1816Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 12/18/2019)
2019-12-18MINUTE ORDER. The parties shall file an additional Joint Status Report by February 5, 2020, which advises the court whether they have reached resolution regarding fees and costs and, if not, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 12/18/2019. (lcapm1) (Entered: 12/18/2019)
2019-12-18Set/Reset Deadlines: Joint Status Report due by 2/5/2020. (zjd) (Entered: 12/20/2019)
2020-02-0417NOTICE of Appearance by Brenda A. Gonzalez on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Gonzalez, Brenda) (Entered: 02/04/2020)
2020-02-0518Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Evans, Jonathan) (Entered: 02/05/2020)
2020-02-06MINUTE ORDER entering the briefing schedule proposed in the parties' 18 Joint Status Report. Plaintiff shall file any motion for attorneys fees and costs by March 31, 2020; Defendant shall file any opposition by April 21, 2020; and Plaintiff shall file any reply by May 5, 2020. Signed by Judge Amit P. Mehta on 2/6/2020. (lcapm1) (Entered: 02/06/2020)
2020-02-06Set/Reset Deadlines: Motion for Attorney's Fees and Costs due by 3/31/2020. Opposition due by 4/21/2020. Reply due by 5/5/2020. (zjd) (Entered: 02/06/2020)
2020-03-1619Consent MOTION for Extension of Time to file Motion for Attorneys Fees and Costs by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Evans, Jonathan) (Entered: 03/16/2020)
2020-03-16MINUTE ORDER granting Plaintiff's 19 Consent Motion for Extension of Time. Plaintiff shall file any motion for attorney's fees and costs by May 29, 2020; Defendant shall file any opposition by June 17, 2020; and Plaintiff shall file any reply by July 1, 2020. Signed by Judge Amit P. Mehta on 3/16/2020. (lcapm1) (Entered: 03/16/2020)
2020-03-16Set/Reset Deadlines: Motion for Attorney's Fees and Costs due by 5/29/2020. Opposition due by 6/17/2020. Reply due by 7/1/2020. (zjd) (Entered: 03/18/2020)
2020-05-2120Consent MOTION for Extension of Time to file Motion for Attorneys Fees and Costs by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order [Proposed] Order)(Evans, Jonathan) (Entered: 05/21/2020)
2020-05-22MINUTE ORDER granting Plaintiff's 20 Consent Motion for Extension of Time. Plaintiff shall file any motion for attorney's fees and costs by July 10, 2020; Defendant shall file any opposition by July 31, 2020; and Plaintiff shall file any reply by August 14, 2020. Signed by Judge Amit P. Mehta on 5/22/2020. (lcapm1) (Entered: 05/22/2020)
2020-05-22Set/Reset Deadlines: Motion for Attorney's Fees and Costs due by 7/10/2020. Opposition due by 7/31/2020. Reply due by 8/14/2020. (zjd) (Entered: 05/26/2020)
2020-07-1021STIPULATION of Dismissal by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 07/10/2020)
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