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Case TitleSeife v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv05190
Date Filed2019-06-03
Date Closed2023-04-12
JudgeJudge Gregory H. Woods
PlaintiffCharles Seife
Case DescriptionNYU Journalism Professor Charles Seife submitted a number of FOIA requests to the EPA for records concerning the agency's press policies. The agency acknowledged receipt of the requests. Seife filed administrative appeals of the agency's failure to respond as well as the agency's denial of expedited processing for several of his requests. However, after hearing nothing further from the agency, Seife filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-031FILING ERROR - PDF ERROR - COMPLAINT against Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-17006674)Document filed by Charles Seife.(Bahr, David) Modified on 6/4/2019 (pne). (Entered: 06/03/2019)
2019-06-032FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Charles Seife. (Bahr, David) Modified on 6/5/2019 (pne). (Entered: 06/03/2019)
2019-06-033CIVIL COVER SHEET filed. (Bahr, David) (Entered: 06/03/2019)
2019-06-034MOTION for Dave Alan Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17007138. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Affidavit Declaration of David Bahr in Support of Motion to Appear PHV, # 2 Certificate of Good Standing, # 3 Text of Proposed Order Proposeed Order Granting Motion to Appear PHV)(Bahr, David) (Entered: 06/03/2019)
2019-06-03>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Dave Alan Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17007138. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 06/03/2019)
2019-06-04***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Alan Bahr to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the case number on the pleading (19-CV-19-5190) is incorrect. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 6/10/2019. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) (Entered: 06/04/2019)
2019-06-055COMPLAINT against Environmental Protection Agency. Document filed by Charles Seife.(Bahr, David) (Entered: 06/05/2019)
2019-06-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pne) (Entered: 06/05/2019)
2019-06-05Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 06/05/2019)
2019-06-05Case Designated ECF. (pne) (Entered: 06/05/2019)
2019-06-05***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Alan Bahr. The party information for the following party/parties has been modified: United States Environmental Protection Agency. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) (Entered: 06/05/2019)
2019-06-05***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Alan Bahr to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): summons is linked to a pleading that was not accepted by the court; case number entered on the summons request PDF is incorrect; party name in the 'To' field on the summons request PDF must exactly match party name as it appears on the pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) (Entered: 06/05/2019)
2019-06-056FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 5 Complaint. Document filed by Charles Seife. (Bahr, David) Modified on 6/6/2019 (dnh). (Entered: 06/05/2019)
2019-06-06***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Alan Bahr to RE-FILE Document No. 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Name Error; the defendant name listed on the PDF must exactly match the party of record, do not use abbreviations. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 06/06/2019)
2019-06-067REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 5 Complaint. Document filed by Charles Seife. (Bahr, David) (Entered: 06/06/2019)
2019-06-078ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (dnh) (Entered: 06/07/2019)
2019-06-179ORDER granting 4 Motion for Dave Alan Bahr to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony) (Entered: 06/17/2019)
2019-06-1710NOTICE OF INITIAL CONFERENCE: Initial Conference set for 8/21/2019 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/17/2019) (anc) (Entered: 06/17/2019)
2019-06-2111CERTIFICATE OF SERVICE of Notice of Initial Conference (dkt. #10) and Individual Rules Of Practice In Civil Cases For Judge Woods served on United States Environmental Protection Agency on June 21, 2019. Service was made by Mail. Document filed by Charles Seife. (Bahr, David) (Entered: 06/21/2019)
2019-06-2412CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Environmental Protection Agency served on 6/24/2019, answer due 7/24/2019. Service was made by Mail. Document filed by Charles Seife. (Bahr, David) (Entered: 06/24/2019)
2019-07-2413ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency.(Barnea, Jean-David) (Entered: 07/24/2019)
2019-07-3114CONSENT LETTER MOTION to Adjourn Conference currently set for August 21, 2019 at 3:30 pm. addressed to Judge Gregory H. Woods from David Bahr dated July 31, 2019. Document filed by Charles Seife.(Bahr, David) (Entered: 07/31/2019)
2019-08-0115ORDER: granting in part 14 Letter Motion to Adjourn Conference. Application granted in part. The initial pre-trial conference scheduled for August 21, 2019 is adjourned to October 18, 2019 at 4:30 p.m. The joint letter and proposed case management plan described in the Court's June 17, 2019 order, Dkt. No. 10, are due no later than October 4, 2019. Counsel for Plaintiff's request to appear by telephone at the initial pre-trial conference is denied. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 14. SO ORDERED. Initial Conference set for 10/18/2019 at 04:30 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/01/2019) (ama) (Entered: 08/01/2019)
2019-10-0216PROPOSED CASE MANAGEMENT PLAN. Document filed by Charles Seife. (Bahr, David) (Entered: 10/02/2019)
2019-10-18Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 10/18/2019. (Court Reporter Paula Speer) (Daniels, Anthony) (Entered: 10/18/2019)
2019-10-2317ORDER. For the reasons discussed on the record during the initial conference held on October 18, 2019, the parties are directed to submit a joint letter updating the Court on the status of their negotiations regarding document production no later than October 25, 2019. (HEREBY ORDERED by Judge Gregory H. Woods on October 23, 2019) (Text Only Order)(Daniels, Anthony) (Entered: 10/23/2019)
2019-10-2418JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 10/25/19 re: FOIA Processing Schedule. Document filed by United States Environmental Protection Agency.(Barnea, Jean-David) (Entered: 10/24/2019)
2019-10-2819MEMO ENDORSEMENT on re: 18 Letter filed by United States Environmental Protection Agency. ENDORSEMENT: Application granted. The parties are directed to submit a joint status letter no later than February 3, 2020 regarding the status of Defendant's productions. (Signed by Judge Gregory H. Woods on 10/26/2019) (mro) (Entered: 10/28/2019)
2019-11-2620JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 11/26/19 re: FOIA Search Terms. Document filed by United States Environmental Protection Agency.(Barnea, Jean-David) (Entered: 11/26/2019)
2019-12-0321MEMO ENDORSEMENT: on re: 20 Letter filed by United States Environmental Protection Agency. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/02/2019) (ama) (Entered: 12/03/2019)
2020-02-0322JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 2/3/20 re: Status Report re Agency Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 02/03/2020)
2020-05-0423JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 5/4/20 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 05/04/2020)
2020-05-0424MEMO ENDORSEMENT on re: 23 Letter filed by United States Environmental Protection Agency. ENDORSEMENT: The parties are directed to provide another status update to the Court no later than August 3, 2020. (Signed by Judge Gregory H. Woods on 5/4/2020) (mro) (Entered: 05/05/2020)
2020-08-0325JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 8/3/20 re: Status Report re Agency Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 08/03/2020)
2020-08-0526MEMO ENDORSEMENT on re: 25 Letter filed by United States Environmental Protection Agency. ENDORSEMENT: The parties are directed to provide another status update to the Court no later than November 4, 2020. (Signed by Judge Gregory H. Woods on 8/5/2020) (mro) (Entered: 08/05/2020)
2020-11-0527LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 11/4/20 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 11/05/2020)
2020-11-0628ORDER. The Court has received the parties' November 5, 2020 joint status report. Dkt No. 27. The parties are directed to provide another status update to the Court no later than February 4, 2021. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 11/06/2020)
2021-02-0429JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 2/4/21 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 02/04/2021)
2021-05-0430JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 5/4/21 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 05/04/2021)
2021-05-0731ORDER. The Court has received the parties' May 4, 2020 joint status report. Dkt No. 30. The parties are directed to provide another status update to the Court no later than August 4, 2021. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 05/07/2021)
2021-08-0432JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 8/4/21 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 08/04/2021)
2021-08-0533ORDER. The Court has received the parties' August 4, 2020 joint status report. Dkt No. 31. The parties are directed to provide another status update to the Court no later than November 4, 2021. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 08/05/2021)
2021-11-0234JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 11/2/21 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 11/02/2021)
2021-11-0335ORDER. The Court has received the parties' November 2, 2021 joint status report. Dkt No. 34. The parties are directed to provide another status update to the Court no later than February 4, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 11/03/2021)
2022-02-0436JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 2/4/22 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 02/04/2022)
2022-02-0737ORDER. The Court has received the parties' February 4, 2021 joint status report. Dkt No. 36. The parties are directed to provide another status update to the Court no later than May 4, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 02/07/2022)
2022-05-0438JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 5/4/22 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 05/04/2022)
2022-05-0439ORDER. The Court has received the parties' May 4, 2022 joint status report. Dkt No. 38. The parties are directed to provide another status update to the Court no later than August 4, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 05/04/2022)
2022-08-0440JOINT LETTER addressed to Judge Gregory H. Woods from AUSA Jean-David Barnea dated 8-4-22 re: Status of Productions. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 08/04/2022)
2022-08-0541ORDER. The Court has received the parties' August 4, 2022 joint status report. Dkt No. 38. The parties are directed to provide another status update to the Court no later than October 4, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv) (Entered: 08/05/2022)
2022-10-0342JOINT LETTER addressed to Judge Gregory H. Woods from David Bahr dated 10/03/2022 re: Joint Case Status Report. Document filed by Charles Seife..(Bahr, David) (Entered: 10/03/2022)
2022-10-0343MEMO ENDORSEMENT on re: 42 Letter filed by Charles Seife. ENDORSEMENT: Application granted. The parties are directed to submit a further status report no later than December 6, 2022. (Signed by Judge Gregory H. Woods on 10/3/2022) (rro) (Entered: 10/04/2022)
2022-12-0544STATUS REPORT. Jointly filed Document filed by Charles Seife..(Bahr, David) (Entered: 12/05/2022)
2022-12-0545MEMO ENDORSEMENT on re: 44 Status Report filed by Charles Seife. ENDORSEMENT: Application granted. The parties are ordered to submit an additional status report no later than March 6, 2023. (Signed by Judge Gregory H. Woods on 12/5/2022) (rro) (Entered: 12/06/2022)
2023-03-0646STATUS REPORT. Jointly filed Document filed by Charles Seife..(Bahr, David) (Entered: 03/06/2023)
2023-03-0647MEMO ENDORSEMENT on re: 46 Status Report filed by Charles Seife. ENDORSEMENT: Application granted. The parties are directed to submit a further status report to the Court no later than June 6, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/6/2023) (kv) (Entered: 03/06/2023)
2023-04-1148PROPOSED STIPULATION AND ORDER. Document filed by United States Environmental Protection Agency..(Barnea, Jean-David) (Entered: 04/11/2023)
2023-04-1249STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: The documents produced by EPA in this action fully resolve any and all claims by Plaintiff against EPA or the United States of America (the "United States"), or any department, agency, officer, or employee of EPA and/or the United States, arising out of the FOIA requests at issue in this action. After the Court has approved and docketed this Stipulation and Order, Plaintiff will provide the necessary information for EPA to effectuate payment. Within a reasonable period of time after the provision of necessary information to effectuate payment, EPA shall pay to Plaintiff via electronic funds transfer the sum of forty thousand dollars ($40,000) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept in complete satisfaction of any and all claims by him for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. EPA will undertake its best efforts to pay the amount agreed to within sixty (60) days after the Court has approved and docket this Stipulation and Order and Plaintiff has provided the necessary information to effectuate payment. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. As further set forth by this Order. The Clerk of Court is directed to terminate all pending motions and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/12/2023) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 04/12/2023)
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