Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the EPA's representative sampling of ten percent of the documents withheld in response to the Competitive Enterprise Institute's request for emails sent from former EPA Administrator Lisa Jackson's secondary email accounts pertaining to certain topics is sufficient to show that the agency conducted an adequate search. Boasberg found as well that with few exceptions the agencies claims under Exemption 5 (deliberative process privilege) were appropriate. After the revelation that Jackson and others at the EPA used secondary email accounts under various aliases to conduct government business, CEI submitted its request for Jackson's email from the pseudonymous account. EPA produced 11,782 responsive documents, disclosing 5,084 in full and 4,983 in part, while withholding 1,715 in full. Rather than require the agency to submit a Vaughn index for all the documents, Boasberg ordered the agency to provide a sample of ten percent of the fully withheld documents and one percent of the partially withheld documents, providing a sample of 172 fully withheld documents and 50 partially withheld. Before commencing the sampling, the agency's Office of General Counsel reviewed the documents and decided some had been miscategorized. As a result, 251 documents were changed from "withheld in full" to "withheld in part, released in part" and 48 were changed from "withheld in full" to "produced in full." The agency mailed these 299 newly produced documents two weeks before it filed its summary judgment motion. CEI argued that the agency's recategorization of 299 documents was contrary to Bonner v. Dept of State, 928 F.2d 1148 (D.C. Cir. 1991), because it tainted the sample. In Bonner, the D.C. Circuit held that the State Department's decision to reclassify a significant portion of a sample after the Vaughn index had been submitted changed the character of the sample sufficiently so that there were questions about whether it was still representative. But here, Boasberg noted that "the 299 belatedly released records were never a part of the sample Vaughn index, but rather came from the total collection of withheld documents. Only after their release did EPA take a sample of the remaining documents that it still intended to withhold. There is therefore no connection between the release of these records and the representativeness of the sample EPA has provided, and no reason to doubt that the sample accurately reflects the remainder of the documents withheld." CEI complained that the EPA used boilerplate descriptions to justify many of its redactions. Boasberg responded that "while CEI has pointed out a great deal of duplication in EPA's justifications for its redactions, such repetition is permissible under the law of this circuit." Although EPA had invoked the attorney-client and work-product privilege, because CEI had not contested those withholdings, Boasberg decided to focus only on its challenges to deliberative process privilege claims. CEI claimed that emails about media coverage were not deliberative. Boasberg disagreed, noting that "Exemption 5 has indeed been found to cover agency deliberations about how to respond to media inquiries regarding prior agency actions, as well as discussions about press coverage of existing agency policies, and suggested talking points about how to answer questions regarding duties assigned to agency employees. These deliberations are considered 'predecisional' so long as they were 'generated as part of a continuous process of agency decision making [on] how to respond to on-going inquiries.'" CEI characterized an email concerning a proposed phone call to Sen. Dianne Feinstein as merely about whether to accept the call. But Boasberg observed that "that characterization of the document is hardly fair, since the Vaughn entry also states that 'the information and advice provided' in the document 'related to . . .how to prepare for potential points of debate or discussion.' That more substantive discussion was not 'peripheral' to agency policy and was appropriately withheld." Boasberg declined CEI's invitations to consider problems in documents outside the sample. He noted that "the Court, however, reminds Plaintiff that the entire point of the sampling procedure was to limit to a reasonable number the withholdings that EPA needed to explain and defend." CEI contended that former Administrator Carol Browner's White House email address had been improperly redacted. Boasberg indicated that "it is clear that White House staff have a powerful privacy interest in their work email addresses while they are employed, but it is less certain whether much interest remains after they have left the government." He concluded that "there is a public interest, therefore, in knowing whether Browner used her personal or official email address to communicate with EPA and whether the official email address she used reflected her real name or an alias, both for the sake of future FOIA requesters and for those curious about White House compliance with federal record-keeping laws."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2012-09-28	1	COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-3085019) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Exhibit Exhibit 1 to complaint, # 2 Exhibit Exhibit 2 to complaint, # 3 Exhibit Exhibit 3 to complaint, # 4 Civil Cover Sheet, # 5 Summons)(Bader, Hans) (Entered: 09/28/2012)
2012-09-28	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COMPETITIVE ENTERPRISE INSTITUTE (Bader, Hans) (Entered: 09/28/2012)
2012-09-28		Case Assigned to Judge James E. Boasberg. (mmh) (Entered: 10/01/2012)
2012-10-01	3	ELECTRONIC SUMMONS Issued as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Notice)(mmh) (Entered: 10/01/2012)
2012-10-05	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/4/2012. ( Answer due for ALL FEDERAL DEFENDANTS by 11/3/2012.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/4/2012., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 10/4/2012 (Bader, Hans) (Entered: 10/05/2012)
2012-10-31	5	MOTION for Extension of Time to File Answer /Response to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Stratton, Mary) (Entered: 10/31/2012)
2012-10-31		MINUTE ORDER granting 5 Defendant's Consent Motion for Extension of Time. The Court ORDERS that Defendant shall file its response to the 1 Complaint by December 14, 2012. Signed by Judge James E. Boasberg on 10/31/2012. (lcjeb2) (Entered: 10/31/2012)
2012-11-01		Set/Reset Deadlines: Response due by 12/14/2012 (mpt, ) (Entered: 11/01/2012)
2012-12-14	6	Consent MOTION for Extension of Time to File Answer and Proposed Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Stratton, Mary) (Entered: 12/14/2012)
2012-12-17		MINUTE ORDER granting 6 Defendant's Consent Motion for Extension of Time and Proposed Briefing Schedule. The Court ORDERS that: (1) Defendant shall file its response to the 1 Complaint concerning the claims relating to the FOIA request identified as HQ-FOI-01268-12 by June 10, 2013; (2) Plaintiff shall file its opposition by July 5, 2013; and (3) Defendant shall file any reply by July 25, 2013. The Court further ORDERS that: (1) Defendant shall file its response to the 1 Complaint concerning the claims relating to the FOIA request identified as HQ-FOI-01270-12 on or before January 18, 2013, unless Defendant has performed a de novo search for records and has provided Plaintiff with a response to said de novo search; (2) Plaintiff shall file its opposition by February 12, 2013; and (3) Defendant shall file any reply by March 4, 2013. Signed by Judge James E. Boasberg on 12/17/2012. (lcjeb2) (Entered: 12/17/2012)
2012-12-17		Set/Reset Deadlines: (1) Defendant shall file its response to the 1 Complaint concerning the claims relating to the FOIA request identified as HQ-FOI-01268-12 by 6/10/2013; (2) Plaintiff shall file its opposition by 7/05/2013; and (3) Defendant shall file any reply by 7/25/2013. The Court further ORDERS that: (1) Defendant shall file its response to the 1 Complaint concerning the claims relating to the FOIA request identified as HQ-FOI-01270-12 on or before 1/18/2013, unless Defendant has performed a de novo search for records and has provided Plaintiff with a response to said de novo search; (2) Plaintiff shall file its opposition by 2/12/2013; and (3) Defendant shall file any reply by 3/04/2013. (ad) (Entered: 12/17/2012)
2013-02-08	7	STATUS REPORT (Joint) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Stratton, Mary) (Entered: 02/08/2013)
2013-02-22		MINUTE ORDER: In light of Defendant's representation in the 7 Joint Status Report that it has performed a de novo search for HQ-FOI-01270-12, the Court ORDERS that that the parties shall file another Joint Status Report by March 8, 2013, advising the Court how they wish to proceed on the claims relating to HQ-FOI-01270-12. Signed by Judge James E. Boasberg on 2/22/2013. (lcjeb2) (Entered: 02/22/2013)
2013-02-22		Set/Reset Deadline: The parties shall file another Joint Status Report by 3/8/2013. (ad) (Entered: 02/22/2013)
2013-03-08	8	STATUS REPORT (Joint) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Stratton, Mary) (Entered: 03/08/2013)
2013-03-08		MINUTE ORDER adopting the schedule jointly proposed by the parties in their 8 Joint Status Report. The Court ORDERS that the claims relating to HQ-FOI-01270-12 shall now be recombined with the claims relating to HQ-FOI-01268-12; specifically, that: (1) Defendant shall file its response to the 1 Complaint concerning all claims by June 10, 2013; (2) Plaintiff shall file its opposition by July 5, 2013; and (3) Defendant shall file any reply by July 25, 2013. Signed by Judge James E. Boasberg on 3/8/2013. (lcjeb2) (Entered: 03/08/2013)
2013-03-08		Set/Reset Deadlines: Defendant shall file its response to the 1 Complaint concerning all claims by 6/10/2013; Plaintiff shall file its opposition by 7/05/2013; Defendant shall file any reply by 7/25/2013. (ad) (Entered: 03/08/2013)
2013-03-14	9	Consent MOTION for Extension of Time to Complete Production by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Stratton, Mary) (Entered: 03/14/2013)
2013-03-14		MINUTE ORDER granting Defendant's 9 Consent Motion for Extension of Time. The Court ORDERS that Defendant shall now produce the third set of documents responsive to request HQ-FOI-01268-12 by March 19, 2013. Signed by Judge James E. Boasberg on 3/14/2013. (lcjeb2) (Entered: 03/14/2013)
2013-03-15		Set/Reset Deadline: Defendant shall now produce the third set of documents responsive to request HQ-FOI-01268-12 by 3/19/2013. (ad) (Entered: 03/15/2013)
2013-06-07	10	MOTION for Extension of Time to File Response to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Stratton, Mary) (Entered: 06/07/2013)
2013-06-07	11	MOTION to Permit a Sample Vaughn Index and Proposed Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support)(Stratton, Mary) (Entered: 06/07/2013)
2013-06-11	12	Memorandum in opposition to re 10 MOTION for Extension of Time to File Response to Complaint filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 06/11/2013)
2013-06-12	13	Memorandum in opposition to re 11 MOTION to Permit a Sample Vaughn Index and Proposed Briefing Schedule filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 06/12/2013)
2013-06-12	14	ERRATA to Memorandum in Opposition to Motion to Permit Sample Vaughn Index by COMPETITIVE ENTERPRISE INSTITUTE 13 Memorandum in Opposition filed by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 06/12/2013)
2013-06-14	15	REPLY to opposition to motion re 10 MOTION for Extension of Time to File Response to Complaint filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Stratton, Mary) (Entered: 06/14/2013)
2013-06-18		MINUTE ORDER: The Court ORDERS that Defendant's 10 Motion for Extension of Time is GRANTED IN PART and DENIED IN PART. Specifically, Defendant shall file its Motion for Summary Judgment regarding Request 1270-12 by July 2, 2013, and its Motion for Summary Judgment regarding Request 1268-12 within 45 days after the Court issues its ruling in respect to the Vaughn Index. Oppositions shall be due three weeks after the filing of Motions and Replies ten days thereafter, although the parties may seek further extensions for good cause. The Court trusts that these will be accomplished cooperatively. Signed by Judge James E. Boasberg on 6/18/2013. (lcjeb2) (Entered: 06/18/2013)
2013-06-18		Set/Reset Deadline: Defendant shall file its Motion for Summary Judgment regarding Request 1270-12 by 7/02/2013. (ad) (Entered: 06/18/2013)
2013-06-19	16	REPLY to opposition to motion re 11 MOTION to Permit a Sample Vaughn Index and Proposed Briefing Schedule filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Stratton, Mary) (Entered: 06/19/2013)
2013-06-27	17	MEMORANDUM OPINION AND ORDER granting Defendant's 11 Motion to Permit a Sample Vaughn Index. Defendant's sample Vaughn index shall include every tenth fully withheld document and every hundredth partially withheld document. Defendant shall file its Motion for Summary Judgment regarding Request 1268-12 by August 12, 2013, Plaintiff shall file its Opposition by September 3, 2013, and Defendant shall file its Reply by September 13, 2013. Signed by Judge James E. Boasberg on 6/27/2013. (lcjeb2) (Entered: 06/27/2013)
2013-06-27		Set/Reset Deadlines: Defendant shall file its Motion for Summary Judgment regarding Request 1268-12 by 8/12/2013; Plaintiff shall file its Opposition by 9/03/2013; and Defendant shall file its Reply by 9/13/2013. (ad) (Entered: 06/27/2013)
2013-07-02	18	MOTION for Partial Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Of Eric E. Wachter, # 4 Text of Proposed Order)(Stratton, Mary) (Entered: 07/02/2013)
2013-07-23	19	WITHDRAWN PURSUANT TO PLAINTIFF'S NOTICE FILED 8/2/13. . . . .Memorandum in opposition to re 18 MOTION for Partial Summary Judgment and in support of Plaintiff's Motion for Discovery filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Declaration Bader Declaration Opposing Summary Judgment and Supporting Plaintiff's Motion for Discovery, # 2 Statement of Facts, # 3 Text of Proposed Order)(Bader, Hans) Modified on 8/5/2013 (td, ). (Entered: 07/23/2013)
2013-07-23	20	CERTIFICATE OF SERVICE by COMPETITIVE ENTERPRISE INSTITUTE re 19 Memorandum in Opposition, and in support of Plaintiff's Motion for Discovery, and other summary judgment papers . (Bader, Hans) (Entered: 07/23/2013)
2013-08-02	21	REPLY to opposition to motion re 18 MOTION for Partial Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration of John B. Ellis)(Stratton, Mary) (Entered: 08/02/2013)
2013-08-02	22	NOTICE of Withdrawal of Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment and Withdrawal of Plaintiff's Motion for Discovery by COMPETITIVE ENTERPRISE INSTITUTE re 19 Memorandum in Opposition, (Bader, Hans) (Entered: 08/02/2013)
2013-08-09	23	Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Stratton, Mary) (Entered: 08/09/2013)
2013-08-12		MINUTE ORDER granting 23 Motion for Extension of Time. The Court hereby ORDERS that Defendant shall file its Motion for Summary Judgment on or before August 21, 2013. Signed by Judge James E. Boasberg on 8/12/2013. (lcjeb3) (Entered: 08/12/2013)
2013-08-12		Set/Reset Deadline: Defendant shall file its Motion for Summary Judgment on or before 8/21/2013. (ad) (Entered: 08/12/2013)
2013-08-19		MINUTE ORDER: Given that Plaintiff has withdrawn its Opposition to Defendant's 18 Motion for Partial Summary Judgment, the Court ORDERS that Defendant's Motion for Partial Summary Judgment as to FOIA Request HQ-FOI-01270-12 is GRANTED. Signed by Judge James E. Boasberg on 8/19/13. (lcjeb1) (Entered: 08/19/2013)
2013-08-21	24	MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Statement of Facts, # 4 Declaration Of Eric E. Wachter, # 5 Appendix (Vaughn Index 1), # 6 Appendix (Vaughn Index 2))(Stratton, Mary) (Entered: 08/21/2013)
2013-09-04	25	Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by COMPETITIVE ENTERPRISE INSTITUTE (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 09/04/2013)
2013-09-04		MINUTE ORDER granting 25 Consent Motion for Extension of Time to File Response/Reply. The Court ORDERS that Plaintiff shall file its Opposition on or before September 11, 2013, and that Defendant shall file its Reply on or before September 23, 2013. Signed by Judge James E. Boasberg on 9/4/13. (lcjeb1) (Entered: 09/04/2013)
2013-09-04		Set/Reset Deadlines: Plaintiff shall file its Opposition on or before 9/11/2013, and that Defendant shall file its Reply on or before 9/23/2013. (ad) (Entered: 09/04/2013)
2013-09-11	26	Memorandum in opposition to re 24 MOTION for Summary Judgment filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Text of Proposed Order)(Bader, Hans) (Entered: 09/11/2013)
2013-09-12		NOTICE OF ERROR re 26 Memorandum in Opposition; emailed to hfb138@yahoo.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Counsel has been notified that pages 3 and 4 are blank. (td, ) (Entered: 09/12/2013)
2013-09-12	27	ERRATA by COMPETITIVE ENTERPRISE INSTITUTE 26 Memorandum in Opposition filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Exhibit Plaintiff's Corrected Memorandum In Opposition to Defendant's Motion for Summary Judgment)(Bader, Hans) (Entered: 09/12/2013)
2013-09-20	28	NOTICE of Appearance by William Mark Nebeker on behalf of All Defendants (Nebeker, William) (Entered: 09/20/2013)
2013-09-20	29	Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/20/2013)
2013-09-23		MINUTE ORDER granting 29 Motion for Extension of Time to File Reply. The Court ORDERS that Defendant shall file a reply in this action on or before October 15, 2013. Signed by Judge James E. Boasberg on 9/23/13. (lcjeb1) (Entered: 09/23/2013)
2013-09-23		Set/Reset Deadline: Defendant shall file a reply in this action on or before 10/15/2013. (ad) (Entered: 09/23/2013)
2013-10-07	30	Unopposed MOTION for Order FOR A STAY IN LIGHT OF LAPSE OF APPROPRIATIONS by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/07/2013)
2013-10-07		MINUTE ORDER granting Defendant's 30 Motion for Order for a Stay: The Court ORDERS that (1) this case is stayed until appropriations for the Environmental Protection Agency and the Department of Justice are reinstated; and (2) Defendant shall file its reply no more than 14 days thereafter. Signed by Judge James E. Boasberg on 10/7/13. (lcjeb1) (Entered: 10/07/2013)
2013-10-28		MINUTE ORDER: The Stay in this matter is hereby LIFTED. Signed by Judge James E. Boasberg on 10/28/13. (lcjeb1) (Entered: 10/28/2013)
2013-10-30	31	MOTION for Extension of Time to File Response/Reply by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/30/2013)
2013-10-30	32	Memorandum in opposition to re 31 MOTION for Extension of Time to File Response/Reply filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bader, Hans) (Entered: 10/30/2013)
2013-10-31		MINUTE ORDER granting Defendant's 31 Motion for Extension of Time to File Reply: The Court ORDERS that Defendant shall file its Reply in this matter on or before November 21, 2013. Signed by Judge James E. Boasberg on 10/31/13. (lcjeb1) (Entered: 10/31/2013)
2013-10-31		Set/Reset Deadline: Defendant shall file its Reply in this matter on or before 11/21/2013. (ad) (Entered: 10/31/2013)
2013-11-02	33	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. Attorney Mary Elizabeth Stratton terminated. (Stratton, Mary) (Entered: 11/02/2013)
2013-11-21	34	REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration Mallon, # 2 Declaration Supp. Wachter, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Nebeker, William) (Entered: 11/21/2013)
2013-12-20		MINUTE ORDER: The Court has reviewed the parties' pleadings on summary judgment and believes some clarification may be beneficial. The parties dispute whether Defendant produced every 10th fully withheld document in its Vaughn sample, whether Defendant's final list of documents withheld in full and in part accurately described each document's status, and whether Defendant's final list appropriately numbered each document. Because the current record only includes the "draft" list of withheld documents, the Court cannot make a determination on these issues. The Court therefore ORDERS that (1) Defendant shall file the final list of withheld documents on or before December 27, 2013, and (2) Plaintiff shall submit a pleading informing the Court of whether it still maintains its arguments regarding the randomized sampling, the accuracy of the final list, and the numbering of the final list on or before January 13, 2014. Signed by Judge James E. Boasberg on 12/20/2013. (lcjeb3) (Entered: 12/20/2013)
2013-12-23		Set/Reset Deadlines: Defendant shall file the final list of withheld documents on or before 12/27/2013, and Plaintiff shall submit a pleading informing the Court of whether it still maintains its arguments regarding the randomized sampling, the accuracy of the final list, and the numbering of the final list on or before 1/13/2014. (ad) (Entered: 12/23/2013)
2013-12-27	35	NOTICE Of Filing by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY re Order,,,, Set/Reset Deadlines, (Attachments: # 1 Exhibit (List of Withheld In Full documents), # 2 Exhibit (List of Redacted documents))(Nebeker, William) (Entered: 12/27/2013)
2014-01-10		MINUTE ORDER: The Court believes that an in camera review of certain documents will assist in its segregability analysis. As a result, the Court ORDERS that by January 16, 2014, the EPA shall produce in camera every tenth document listed on the sample Vaughn index of fully withheld documents, found at Exhibit 5 to the EPA's 24 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 1/10/2014. (lcjeb3) (Entered: 01/10/2014)
2014-01-10		Set/Reset Deadline: By 1/16/2014, the EPA shall produce in camera every tenth document listed on the sample Vaughn index of fully withheld documents, found at Exhibit 5 to the EPA's 24 Motion for Summary Judgment. (ad) (Entered: 01/10/2014)
2014-01-13	36	RESPONSE TO ORDER OF THE COURT re Order,,,, Plaintiff's Response to Defendant's Notice of Filing as ordered by 12/20/2013 Minute Order filed by COMPETITIVE ENTERPRISE INSTITUTE. (Bader, Hans) (Entered: 01/13/2014)
2014-01-14		MINUTE ORDER: The Court ORDERS that EPA shall file its Reply to Plaintiff's 36 Response to Notice of Filing on or before January 21, 2014. Signed by Judge James E. Boasberg on 1/14/2014. (lcjeb3) (Entered: 01/14/2014)
2014-01-14		Set/Reset Deadline: EPA shall file its Reply to Plaintiff's 36 Response to Notice of Filing on or before 1/21/2014. (ad) (Entered: 01/14/2014)
2014-01-16	37	NOTICE Of In Camera, Ex Parte Submission by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY re Set/Reset Deadlines, Order, (Nebeker, William) (Entered: 01/16/2014)
2014-01-22	38	RESPONSE re Order (DEFENDANTS REPLY TO PLAINTIFFS JANUARY 13, 2014 FILING) filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration (Timothy Mallon))(Nebeker, William) (Entered: 01/22/2014)
2014-01-24	39	MOTION for Leave to File SURREPLY TO DEFENDANT'S JANUARY 22 REPLY TO PLAINTIFF'S JANUARY 13, 2014 FILING by COMPETITIVE ENTERPRISE INSTITUTE (Attachments: # 1 Exhibit Proposed Surreply in response to defendant's Jan. 22, 2014 reply, # 2 Text of Proposed Order Proposed Order granting motion to file surreply)(Bader, Hans) (Entered: 01/24/2014)
2014-01-27		MINUTE ORDER: Plaintiff's 39 Motion for Leave to File Surreply to Defendant's January 22 Reply to Plaintiff's January 13, 2014 Filing, is DENIED. Signed by Judge James E. Boasberg on 1/27/2014. (lcjeb3) (Entered: 01/27/2014)
2014-01-27	40	SURREPLY to re 36 Response to Order of the Court filed by COMPETITIVE ENTERPRISE INSTITUTE. (td, ) (Entered: 01/27/2014)
2014-01-29	41	ORDER GRANTING IN PART and DENYING IN PART Defendant's 24 Motion for Summary Judgment. The Court ORDERS that summary judgment shall be entered in favor of EPA on all counts, save for the following: (1) EPA shall justify its withholding - i.e., produce a separate Vaughn entry - of the 10th unnumbered document listed in footnote 47 of CEI's Opposition brief (counting from the left); (2) EPA shall disclose the official email address Carol Browner used to communicate with EPA in Vaughn entry number 5530; (3) EPA shall disclose whether the redaction in Vaughn entry number 4860 withheld Browner's personal or official email address, and if it is the latter, EPA shall disclose that email address; (4) EPA shall comply with this Order by February 5, 2014; (5) CEI shall notify the Court if it challenges the appropriateness of the Vaughn entry for the single document referenced above by February 12, 2014. If so, CEI shall file a pleading limited to five pages explaining its argument. EPA may file a five-page Opposition to such pleading on or before February 19, 2014. Signed by Judge James E. Boasberg on 1/29/2014. (lcjeb3) (Entered: 01/29/2014)
2014-01-29	42	Memorandum Opinion to 41 Order on Defendant's 24 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 1/29/2014. (lcjeb3) (Entered: 01/29/2014)
2014-01-29		Set/Reset Deadlines: EPA shall comply with this Order by 2/05/2014; CEI shall notify the Court if it challenges the appropriateness of the Vaughn entry for the single document referenced above by 2/12/2014. EPA may file a five-page Opposition to such pleading on or before 2/19/2014. (ad) (Entered: 01/29/2014)
2014-02-05	43	MOTION to Amend/Correct 42 Memorandum & Opinion, 41 Order,,,, Or, In The Alternative , MOTION to Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration Supplementa (Wachter), # 2 Text of Proposed Order)(Nebeker, William) (Entered: 02/05/2014)
2014-02-05		MINUTE ORDER: If Plaintiff objects to either Defendant's 43 Motion to Amend or its alternative Motion to Stay, the Court ORDERS that Plaintiff shall file an Opposition by February 12, 2014. Signed by Judge James E. Boasberg on 2/5/2014. (lcjeb3) (Entered: 02/05/2014)
2014-02-06		Set/Reset Deadline: Plaintiff shall file an Opposition by 2/12/2014. (ad) (Entered: 02/06/2014)
2014-02-12	44	Consent MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Amend/Correct 42 Memorandum & Opinion, 41 Order,,,, Or, In The Alternative MOTION to Stay by COMPETITIVE ENTERPRISE INSTITUTE (Attachments: # 1 Text of Proposed Order Proposed Order)(Bader, Hans) (Entered: 02/12/2014)
2014-02-12		MINUTE ORDER granting Plaintiff's 44 Motion for Extension: The Court ORDERS that Plaintiff shall file its response to Defendant's 43 Motion to Amend or, in the Alternative, to Stay on or before March 3, 2014. Signed by Judge James E. Boasberg on 2/12/14. (lcjeb1) (Entered: 02/12/2014)
2014-02-12		Set/Reset Deadlines: Response to 43 Motion to Amend or, in the Alternative, to Stay due by 3/3/2014 (tg, ) (Entered: 02/12/2014)
2014-03-03	45	Consent MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Amend/Correct 42 Memorandum & Opinion, 41 Order,,,, Or, In The Alternative MOTION to Stay by COMPETITIVE ENTERPRISE INSTITUTE (Attachments: # 1 Text of Proposed Order)(Bader, Hans) (Entered: 03/03/2014)
2014-03-04		MINUTE ORDER granting Plaintiff's 45 Consent Motion for Extension: The Court ORDERS that Plaintiff shall file its response to Defendant's Motion to Amend or, in the Alternative, to Stay on or before March 14, 2014. Signed by Judge James E. Boasberg on 3/4/14. (lcjeb1) (Entered: 03/04/2014)
2014-03-04		Set/Reset Deadline: Plaintiff shall file its response to Defendant's Motion to Amend or, in the Alternative, to Stay on or before 3/14/2014. (ad) (Entered: 03/04/2014)
2014-03-13	46	STIPULATION of Dismissal (Stipulation Of Settlement And Dismissal) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Nebeker, William) (Entered: 03/13/2014)
2014-03-14		MINUTE ORDER: Per the parties' 46 Stipulation of Dismissal, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 3/14/2014. (lcjeb3) (Entered: 03/14/2014)
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