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Case TitleEcological Rights Foundation v. United States Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv06893
Date Filed2020-10-02
Date ClosedOpen
JudgeJudge Vince Chhabria
PlaintiffEcological Rights Foundation
Case DescriptionThe Ecological Rights Foundation submitted a FOIA request to the EPA for records concerning a letter from the agency to California Gov. Gavin Newsom alleging that California had failed to abide by its obligations under the Clean Water Act and the Safe Drinking Water Act. EcoRights also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied EcoRights' request for expedited processing. After hearing nothing further from the agency, EcoRights filed suit, alleging that the agency had a pattern or practice of intentionally failing to respond within the statutory time limit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Opinion/Order [21]
Opinion/Order [26]
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-021COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against United States Environmental Protection Agency, (Filing Fee: $400.00, receipt number 0971-15018179). Filed by Ecological Rights Foundation. (Attachments: #(1) Civil Cover Sheet)(Sproul, Christopher) (Filed on 10/2/2020) Modified on 10/5/2020 (tnS, COURT STAFF). (Entered: 10/02/2020)
2020-10-022CERTIFICATE REGARDING CIVIL LOCAL RULE 3-15 filed by Ecological Rights Foundation (Sproul, Christopher) (Filed on 10/2/2020) (Entered: 10/02/2020)
2020-10-023Proposed Summons. (Attachments: # 1 Summons Proposed Summons, # 2 Summons Proposed Summons)(Sproul, Christopher) (Filed on 10/2/2020) (Entered: 10/02/2020)
2020-10-024Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/16/2020. (bwS, COURT STAFF) (Filed on 10/2/2020) (Entered: 10/02/2020)
2020-10-055Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 12/28/2020. Initial Case Management Conference set for 1/4/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020)
2020-10-056Summons Issued as to United States Environmental Protection Agency, United States Attorney's Office and United States Attorney General. (tnS, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020)
2020-10-097Proposed Summons. (Wilcox, Stuart) (Filed on 10/9/2020) (Entered: 10/09/2020)
2020-10-098Proposed Summons. (Wilcox, Stuart) (Filed on 10/9/2020) (Entered: 10/09/2020)
2020-10-099CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ecological Rights Foundation.. (Wilcox, Stuart) (Filed on 10/9/2020) (Entered: 10/09/2020)
2020-10-1310CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 10/13/2020) (Entered: 10/13/2020)
2020-10-1411ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 10/14/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)
2020-10-1512REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 1/6/2021. Initial Case Management Conference set for 1/13/2021, 10:00 AM, by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Not less than 3 court days in advance of the hearing. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Case Management Statement due by 1/6/2021. Initial Case Management Conference set for 1/13/2021, 10:00 AM, by Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)
2020-11-1013SUMMONS Returned Executed (FOIA) by Ecological Rights Foundation. United States Environmental Protection Agency served on 10/20/2020, answer due 11/19/2020. (Attachments: # 1 Exhibit Proof of Service of Summons)(Wilcox, Stuart) (Filed on 11/10/2020) (Entered: 11/10/2020)
2020-11-1914Defendant's ANSWER to Complaint filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Samples, John) (Filed on 11/19/2020) (Entered: 11/19/2020)
2020-12-1415NOTICE of Substitution of Counsel by David Michael DeVito (DeVito, David) (Filed on 12/14/2020) (Entered: 12/14/2020)
2020-12-1416ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wilcox, Stuart) (Filed on 12/14/2020) (Entered: 12/14/2020)
2020-12-1617ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (DeVito, David) (Filed on 12/16/2020) (Entered: 12/16/2020)
2021-01-0618CLERK'S NOTICE RESCHEDULING THE FURTHER CASE MANAGEMENT CONFERENCE TO 1/13/2021, PROVIDING ZOOM ACCESS, AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. The Court's normal day and time for hearing Case Management Conferences will now be Wednesdays, at 2:00 p.m., PST, until further notice. Initial Case Management Conference set for 1/13/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, January 7, 2021, by no later than 10:00 a.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 1/6/2021) (Entered: 01/06/2021)
2021-01-0619JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by United States Environmental Protection Agency. (DeVito, David) (Filed on 1/6/2021) (Entered: 01/06/2021)
2021-01-1322Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 1/13/2021. Discussions held re production of documents. Case Management Statement due by 2/24/2021. Further Case Management Conference set for 3/3/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar. Total Time in Court: 14 minutes. Court Reporter: Hearing recorded via Zoom Webinar: 2:27 - 2:41. Plaintiff Attorney: Stuart Wilcox. Defendant Attorney: David DeVito. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, February 25, 2021, at 10:00 a.m. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Date Filed: 1/13/2021) Modified on 2/11/2021: Matter transcribed by Peggy Schuerger (AdHoc Reporting). (rjdS, COURT STAFF). (Entered: 01/27/2021)
2021-01-1920STIPULATION AND [PROPOSED] ORDER REGARDING CASE MANAGEMENT filed by United States Environmental Protection Agency. (DeVito, David) (Filed on 1/19/2021) (Entered: 01/19/2021)
2021-01-2021ORDER by Judge Vince Chhabria granting 20 Stipulation regarding case management. Case Management Statement due by 2/24/2021. Further Case Management Conference set for 3/3/2021 02:00 PM by Videoconference Only. (vclc2, COURT STAFF) (Filed on 1/20/2021) (Entered: 01/20/2021)
2021-02-1123TRANSCRIPT ORDER for proceedings held on 1/13/2021 before Judge Vince Chhabria by Ecological Rights Foundation, for Court Reporter FTR - San Francisco. (Wilcox, Stuart) (Filed on 2/11/2021) (Entered: 02/11/2021)
2021-02-1224Transcript of Proceedings held on 01/13/2021, before Judge Vince Chhabria. Court Reporter/Transcriber Peggy Schuerger/Ad Hoc Reporting, telephone number (619) 228-3774/adhocreporting@aol.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 23 Transcript Order ) Redaction Request due 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021. (Related documents(s) 23 ) (pls, COURT STAFF) (Filed on 2/12/2021) (Entered: 02/12/2021)
2021-02-2425STIPULATION AND [PROPOSED] ORDER RE STIPULATED PRODUCTION SCHEDULE AND REQUEST TO VACATE CURRENT DEADLINES AND COURT APPEARANCES re 21 Order on Stipulation filed by Ecological Rights Foundation. (Attachments: #(1) [Proposed] Order Granting Stipulated Production Schedule and Request to Vacate Current Deadlines and Court Appearances)(Wilcox, Stuart) (Filed on 2/24/2021) (Entered: 02/24/2021)
2021-02-2426ORDER RE UPCOMING CMC. Signed by Judge Vince Chhabria on 2/24/2021. (vclc2, COURT STAFF) (Filed on 2/24/2021) (Entered: 02/24/2021)
2021-03-0127ORDER Continuing case management conference set for 3/3/2021 by one week. The case management conference is now scheduled for 3/10/2021 at 02:00 PM by Videoconference Only. Signed by Judge Vince Chhabria on 3/1/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc2S, COURT STAFF) (Filed on 3/1/2021) (Entered: 03/01/2021)
2021-03-1028ORDER by Judge Vince Chhabria granting as modified 25 Stipulated production schedule and request to vacate current deadlines. (vclc2S, COURT STAFF) (Filed on 3/10/2021) (Entered: 03/10/2021)
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