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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02279
Date Filed2021-08-27
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted two FOIA requests to the EPA for records. The first FOIA requested asked for background materials related to three documents. The second FOIA request asked records concerning the agency's review of Navy remediation efforts for its buildings. PEER also asked for a fee waiver. The agency acknowledged receipt of the requests and granted PEER's requests for a fee waiver. The agency told PEER its requests were too broad to be responded to within the statutory time limits. After hearing nothing further from the agency concerning either request, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES 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

2021-08-271COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-8697186) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet cover sheet, # 2 Summons agency summons, # 3 Summons AG summons, # 4 Summons USAO summons)(Dinerstein, Paula) (Entered: 08/27/2021)
2021-08-292LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY (Dinerstein, Paula) (Entered: 08/29/2021)
2021-08-30Case Assigned to Judge Amy Berman Jackson. (adh, ) (Entered: 08/30/2021)
2021-08-303SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/30/2021)
2021-10-124ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Tilghman, Michael) (Entered: 10/12/2021)
2021-10-13MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before November 10, 2021. Signed by Judge Amy Berman Jackson on 10/13/2021. (lcabj1) (Entered: 10/13/2021)
2021-11-105STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Tilghman, Michael) (Entered: 11/10/2021)
2021-11-10MINUTE ORDER. In light of the representations in the parties' status report 5 , it is ORDERED that another status report be submitted by December 10, 2021. Signed by Judge Amy Berman Jackson on 11/10/2021. (lcabj1) (Entered: 11/10/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Amy Berman Jackson is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2021-12-106Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Tilghman, Michael) (Entered: 12/10/2021)
2021-12-10MINUTE ORDER: The Court has reviewed the Joint Status Report and directs the Parties to file joint status reports by February 28, 2022; June 30, 2022; and September 30, 2022. Signed by Judge Jia M. Cobb on December 10, 2021. (lcjmc1) (Entered: 12/10/2021)
2021-12-10ENTERED IN ERROR.....MINUTE ORDER: This case has recently been assigned to the undersigned Judge. The Parties are directed to file a joint status report apprising the Court of the status of this matter and a proposed schedule for further proceedings, if appropriate, by December 17, 2021. Signed by Judge Jia M. Cobb on December 10, 2021. (lcjmc1) Modified on 12/10/2021 (zjf). (Entered: 12/10/2021)
2021-12-10NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re MINUTE ORDER: This case has recently been assigned to the undersigned Judge. The Parties are directed to file a joint status report apprising the Court of the status of this matter and a proposed schedule for further proceedings, if appropriate, by December 17, 2021. Signed by Judge Jia M. Cobb on December 10, 2021. (lcjmc1) was entered in error and counsel was instructed to disregard and will be re-entered in the correct case.(zjf) (Entered: 12/10/2021)
2022-02-287Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Tilghman, Michael) (Entered: 02/28/2022)
2022-06-298NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 06/29/2022)
2022-06-299Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Curteman, Dedra) (Entered: 06/29/2022)
2022-07-0510NOTICE OF WITHDRAWAL OF APPEARANCE as to ENVIRONMENTAL PROTECTION AGENCY. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-09-1211NOTICE OF SUBSTITUTION OF COUNSEL by Benton Gregory Peterson on behalf of ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Michael Tilghman (Peterson, Benton) (Entered: 09/12/2022)
2022-09-2912Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 09/29/2022)
2022-10-03MINUTE ORDER re 12 Status Report filed by the Environmental Protection Agency: The Court has reviewed the Parties' Joint Status Report and directs the Parties to file another joint status report by November 15, 2022. Signed by Judge Jia M. Cobb on October 3, 2022. (lcjmc3) (Entered: 10/03/2022)
2022-11-1513Joint STATUS REPORT by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 11/15/2022)
2022-11-16MINUTE ORDER. The Court has reviewed 13 Joint Status Report and directs the Parties to file another joint status report by December 15, 2022. It is further ordered that the Parties file joint status reports every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on November 16, 2022. (lcjmc3) (Entered: 11/16/2022)
2022-12-1514Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 12/15/2022)
2023-03-1515Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 03/15/2023)
2023-06-1316Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 06/13/2023)
2023-06-15MINUTE ORDER. The Court has reviewed the 16 Joint Status Report and directs the Parties to file another joint status report by July 20, 2023. It is further ordered that the Parties file joint status reports every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on June 15, 2023. (lcjmc3) (Entered: 06/15/2023)
2023-07-2017Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 07/20/2023)
2023-07-22MINUTE ORDER. The Court has reviewed the 17 Joint Status Report. Per the Parties' request, the Court directs the Parties to file another joint status report by August 23, 2023. Signed by Judge Jia M. Cobb on July 22, 2023. (lcjmc3) (Entered: 07/22/2023)
2023-08-2218Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 08/22/2023)
2023-08-22MINUTE ORDER. The Court has reviewed the 18 Joint Status Report. Per the Parties' request, the Court directs the Parties to file another joint status report by September 23, 2023. The Parties are further ORDERED to file additional joint status reports every 30 days until the Court orders otherwise. Signed by Judge Jia M. Cobb on August 22, 2023. (lcjmc3) (Entered: 08/22/2023)
2023-09-2219Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 09/22/2023)
2023-10-2520Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 10/25/2023)
2023-11-2221STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 11/22/2023)
2023-11-27MINUTE ORDER: The Parties are ORDERED to submit a joint status report by December 22, 2023, which shall propose a briefing schedule or state that the issue has been resolved. Signed by Judge Jia M. Cobb on November 27, 2023. (lcjmc3) (Entered: 11/27/2023)
2023-12-2222STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Peterson, Benton) (Entered: 12/22/2023)
2023-12-22MINUTE ORDER: The Court has reviewed Defendant's Status Report 22 . Plaintiff is DIRECTED to provide its position on the requested briefing schedule by January 5, 2024. Signed by Judge Jia M. Cobb on December 22, 2023. (lcjmc3) (Entered: 12/22/2023)
2024-01-23MINUTE ORDER: According to the Parties' October 25, 2023 20 joint status report, Plaintiff made a request to Defendant for attorney's fees, and the Parties were evaluating whether there was a need for a briefing schedule. However, Defendant has filed its two reports since then unilaterally. In its last status report, filed on December 22, 2023, Defendant represented that Plaintiff had previously indicated that there were no issues left to litigate in this case, but that the request for attorney's fees had not been resolved and Defendant had not received Plaintiff's position on any proposed briefing schedule 22 . Accordingly, Defendant requested a motion to dismiss briefing schedule 22 . The Court ordered Plaintiff to respond to the proposed schedule by January 5, 2024. See Min. Order 12/22/23. To date, Plaintiff has filed no response. The Court has no issue with the proposed briefing schedule, but does not want attorneys to spend time briefing motions if none are necessary. Thus, Plaintiff is ORDERED to file a report by February 5, 2024, to inform the Court whether there are any further issues to resolve in this case. If there are remaining issues, the Court further orders Plaintiff to confer with Defendant and include a joint proposed briefing schedule in the status report. If Plaintiff again fails to respond to the Court's order, this case will be dismissed for want of prosecution. Signed by Judge Jia M. Cobb on January 23, 2024. (lcjmc3) (Entered: 01/23/2024)
2024-01-3123STIPULATION of Dismissal by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 01/31/2024)
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