Case Detail

FOIA Project Annotation: A federal court in Alaska has ruled that the EPA conducted an adequate search for records concerning the development of a large mining project known as the Pebble Project, that the agency's Exemption 5 (privileges) claims will be reviewed by the court in camera, and that the court's ruling on privilege claims will be dispositive for purposes of discovery in a companion case alleging the agency violated the Federal Advisory Committee Act. Pebble Limited Partnership brought the FACA case against the agency and followed it up with litigation concerning its FOIA request. Pebble argued the agency's search was inadequate, in part because it had not located any emails sent by EPA officials on personal accounts. The court, however, noted that "if [the two agency officials] used personal facilities to send email or other communications to an EPA account, those communications would have been captured by the EPA's search. On the other hand, if [the two agency officials] employed personal email accounts to communicate with someone else's personal email account about the Pebble project, the EPA search would not have captured such communications. Such communications, existing exclusively on private servers, are not within the EPA's possession, and the EPA cannot be said to have withheld documents not within its possession." The court agreed to review 118 documents the agency had identified in relation to the FACA case in camera and indicated that it would consider the possibility of reviewing a representative sampling instead. The court observed that its rulings on privilege claims would then be used as the basis for resolving discovery motions in the FACA case.
Issues: Litigation - Discovery, Exemption 5 - Privileges, Adequacy - Search

FOIA Project Annotation: A federal court in Alaska has ruled that a discretionary release of documents by the EPA that the agency claimed were protected by Exemption 5 (deliberative process privilege) has skewed a representative sample of records provided for in camera inspection as to throw into question whether the sample is still sufficiently representative. In a FOIA suit filed by Pebble Limited Partnership, which is challenging the EPA's decision to assert its authority under the Clean Water Act in such a way as to make mineral extraction at the Pebble Mine impossible, the agency withheld a number of documents concerning plans to develop the Pebble Deposit. Pebble Limited Partnership had already filed suit against the EPA for violating the Federal Advisory Committee Act by improperly creating and using several advisory groups. The court had ordered the EPA to provide a random sample of 50 percent of the 130 documents it claimed were exempt for in camera review. But instead of providing 65 documents, the agency provided only 40 documents after it made a discretionary release of the other 25 documents. Pebble Limited Partnership argued the EPA had cherry-picked the documents to remove those documents it knew were not exempt. Rather than decide whether the sample was still representative, the court noted that the agency had disclosed 11 of the 40 documents in redacted form. After reviewing 22 other documents that had been redacted in the sample, the court concluded that they should have been released in redacted form as well. The court pointed out that "the problem here is not that the redacted parts of the documents are not pre-decisional and deliberative. The problem is that the defendant withheld documents in full that it should have released in redacted form. It is thus reasonable for the court to assume that defendant has improperly withheld other non-sample documents in full." Turning to the 28 documents being withheld in the FACA case, the court observed that "the issue in plaintiff's FACA case is whether defendant improperly formed and utilized advisory committees, which might mean that plaintiff's need for deliberative materials could override defendant's need for non-disclosure. But here, because the 28 documents do not have anything to do with whether defendant improperly formed or used advisory committees, there is simply no need for plaintiff to have unredacted versions of these deliberative materials,"
Issues: Litigation - Vaughn index

Date Filed	Doc #	Docket Text
2014-10-14	1	COMPLAINT against United States Environmental Protection Agency (Filing fee $400, Receipt No. ANC009644), filed by Pebble Limited Partnership. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(TYM, COURT STAFF) Modified on 10/15/2014 correct attorney information and regenerate NEF(PXS, COURT STAFF). (Entered: 10/15/2014)
2014-10-14	2	Civil Cover Sheet. (TYM, COURT STAFF) (Entered: 10/15/2014)
2014-10-14	3	Unissued summons re Defendant U.S. Environmental Protection Agency. (TYM, COURT STAFF) (Entered: 10/15/2014)
2014-10-14		Summons Issued as to United States Environmental Protection Agency, U.S. Attorney. (TYM, COURT STAFF) (Entered: 10/15/2014)
2014-10-15	4	NOTICE Plaintiff's Notice of Related Case (D. Alaska Local Rule 40.2) by Pebble Limited Partnership re 1 Complaint, (Amodio, Thomas) (Entered: 10/15/2014)
2014-10-15	5	Corporate Disclosure Statement by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 10/15/2014)
2014-10-16	6	ORDER OF REASSIGNMENT; By agreement of the judges, the above referenced case is hereby reassigned to the Honorable H. Russell Holland for all further proceedings. Please use the following case number on all future filings: 3:14-cv-00199-HRH. (RMC, COURT STAFF) (Entered: 10/16/2014)
2014-10-23	7	MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney John L. Jacobus by Pebble Limited Partnership.(Amodio, Thomas) (Entered: 10/23/2014)
2014-10-23	8	DECLARATION of John L. Jacobus re 7 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney John L. Jacobus by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement)(Amodio, Thomas) (Entered: 10/23/2014)
2014-10-23	9	MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Andrew J. Sloniewsky by Pebble Limited Partnership.(Amodio, Thomas) (Entered: 10/23/2014)
2014-10-23	10	DECLARATION of Andrew J. Sloniewsky re 9 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Andrew J. Sloniewsky by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement)(Amodio, Thomas) (Entered: 10/23/2014)
2014-10-28	11	MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Mark F. Murphy by Pebble Limited Partnership.(Amodio, Thomas) (Entered: 10/28/2014)
2014-10-28	12	DECLARATION of Mark F. Murphy re 11 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Mark F. Murphy by Pebble Limited Partnership. (Attachments: # 1 Supplement)(Amodio, Thomas) (Entered: 10/28/2014)
2014-10-28	13	Receipt of $150.00 non-resident attorney payment for John L. Jacobus as to Plaintiff Pebble Limited Partnership. re 7 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident) Attorney John L. Jacobus. (TYM, COURT STAFF) (Entered: 10/28/2014)
2014-10-28	14	Receipt of $150.00 non-resident attorney payment for Andrew J. Sloniewsky as to Plaintiff Pebble Limited Partnership. re 9 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Andrew J. Sloniewsky. (TYM, COURT STAFF) (Entered: 10/28/2014)
2014-10-29	15	Receipt of $150.00 non-resident attorney payment for Mark F. Murphy as to Plaintiff Pebble Limited Partnership. re 11 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Mark F. Murphy. (TYM, COURT STAFF) (Entered: 10/29/2014)
2014-10-31	16	CLERK'S NOTICE re 7 , 9 and 11 Applications to Appear Pro Hac Vice. The Applications to Appear Pro Hac Vice by John L. Jacobus, Andrew J. Sloniewsky and Mark F. Murphy, at dockets 7 , 9 and 11 , are authorized under D.Ak. LR 83.1(d). (PRR, COURT STAFF) (Entered: 10/31/2014)
2014-11-04	17	AFFIDAVIT of Proof of Service re 1 Complaint, by Pebble Limited Partnership. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(Amodio, Thomas) (Entered: 11/04/2014)
2014-11-14	18	MOTION for Extension of Time to File Answer by United States Environmental Protection Agency. (Attachments: # 1 Proposed Order)(Robinson, Stuart) (Entered: 11/14/2014)
2014-11-17	19	RESPONSE in Opposition re 18 MOTION for Extension of Time to File Answer filed by Pebble Limited Partnership. (Attachments: # 1 Exhibit Ex. 1, # 2 Proposed Order)(Amodio, Thomas) (Entered: 11/17/2014)
2014-11-18	20	AMENDED DOCUMENT by Pebble Limited Partnership. Amendment to 19 Response in Opposition to Motion (Amended Cert of Service) . (Amodio, Thomas) (Entered: 11/18/2014)
2014-11-24	21	MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Patricia B. Palacios by Pebble Limited Partnership.(Amodio, Thomas) (Entered: 11/24/2014)
2014-11-24	22	DECLARATION of Patricia B. Palacios re 21 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Patricia B. Palacios by Pebble Limited Partnership. (Attachments: # 1 Supplement)(Amodio, Thomas) (Entered: 11/24/2014)
2014-11-24	23	Receipt of 150.00 non-resident attorney payment for Patricia B. Palacios as to Plaintiff Pebble Limited Partnership. re 21 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Patricia B. Palacios. (PXS, COURT STAFF) (Entered: 11/25/2014)
2014-11-25	24	CLERK'S NOTICE re 21 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Patricia B. Palacios, at docket 21 , is authorized under D.Ak. LR 83.1(d). (PRR, COURT STAFF) (Entered: 11/25/2014)
2014-12-02	25	ORDER granting 18 Motion for Extension of Time to Answer; United States Environmental Protection Agency answer due 12/17/2014. Signed by Judge H. Russel Holland on 12/2/14. (PRR, COURT STAFF) (Entered: 12/02/2014)
2014-12-17	26	ANSWER to 1 Complaint, by United States Environmental Protection Agency.(Robinson, Stuart) (Entered: 12/17/2014)
2015-01-06	27	ORDER re case status; parties to meet and confer and file a proposed brfing sched for a SJ mot by 1/20/2015. Signed by Judge H. Russel Holland on 1/6/15. (PRR, COURT STAFF) (Entered: 01/06/2015)
2015-01-20	28	STATUS REPORT by Pebble Limited Partnership. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Amodio, Thomas) (Entered: 01/20/2015)
2015-01-21	29	NOTICE by Pebble Limited Partnership re 28 Status Report (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 01/21/2015)
2015-01-23	30	ORDER that Status Report re records production due by 3/10/2015; EPA's mot for SJ due 4/17/2015. Signed by Judge H. Russel Holland on 1/22/15. (PRR, COURT STAFF) Modified on 4/20/2015 to create relationship to document #34 (PRR, COURT STAFF). (Entered: 01/23/2015)
2015-03-10	31	STATUS REPORT JOINT by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 03/10/2015)
2015-03-11	32	ORDER accepting 31 Status Report; further jt stat rpt due 4/10/2015. (PRR, COURT STAFF) (Entered: 03/11/2015)
2015-04-10	33	STATUS REPORT JOINT by United States Environmental Protection Agency. (Robinson, Stuart) (Entered: 04/10/2015)
2015-04-17	34	MOTION for Summary Judgment by United States Environmental Protection Agency.(Robinson, Stuart) (Entered: 04/17/2015)
2015-04-17	35	MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by United States Environmental Protection Agency 34 MOTION for Summary Judgment filed by United States Environmental Protection Agency. (Robinson, Stuart) (Entered: 04/17/2015)
2015-04-17	36	DECLARATION of DAVID ALLNUTT re 34 MOTION for Summary Judgment by United States Environmental Protection Agency. (Robinson, Stuart) (Entered: 04/17/2015)
2015-04-29	37	Joint MOTION for Extension of Time to File by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 4/30/2015 to create relationship to document #34 (PRR, COURT STAFF). (Entered: 04/29/2015)
2015-04-30	38	ORDER granting 37 Mot for Modification of Brfing Schedule for Mot for SJ; plf brf in oppo to defs' mot for SJ due 5/29/15; def reply brf due 6/26/15. (PRR, COURT STAFF) Modified on 4/30/2015 to create relationship to document #34 (PRR, COURT STAFF). (Entered: 04/30/2015)
2015-05-26	39	RESPONSE in Opposition re 34 MOTION for Summary Judgment and Request for Discovery filed by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 5/28/2015 to reflect error: See 5/26/2015 Docket Annotation. (BJK, COURT STAFF). (Entered: 05/26/2015)
2015-05-26	40	DECLARATION of John L. Jacobus re 39 Response in Opposition to Motion by Pebble Limited Partnership. (Attachments: # 1 Exhibit Table of Contents, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14, # 16 Exhibit Exhibit 15, # 17 Exhibit Exhibit 16)(Amodio, Thomas) (Entered: 05/26/2015)
2015-05-26	41	DECLARATION of John L. Jacobus re 39 Response in Opposition to Motion by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 05/26/2015)
2015-05-26		Docket Annotation : Thank you for your recent electronic filing with the District of Alaska. ERROR re: 39 Response in Opposition to Motion filed by Pebble Limited Partnership Combined Documents are not allowed. [SEE D.Ak. L.R. 7.1(l)]. CORRECTION: Attorney to re-file the portion Request for Discovery using the event Motion for Discovery (BJK, COURT STAFF) (Entered: 05/28/2015)
2015-05-28		Docket Annotation : The parties are advised that the Docket Annotation issued on 5/26/2015 re 39 , was issued inadvertently and is hereby rescinded. Parties are to disregard. (BJK, COURT STAFF) (Entered: 05/28/2015)
2015-06-26	42	REPLY to Response to Motion re 34 MOTION for Summary Judgment filed by United States Environmental Protection Agency. (Robinson, Stuart) (Entered: 06/26/2015)
2015-06-26	43	DECLARATION of DAVID ALLNUTT re 42 Reply to Response to Motion by United States Environmental Protection Agency. (Robinson, Stuart) (Entered: 06/26/2015)
2015-07-01	44	MOTION for Hearing re 34 MOTION for Summary Judgment Unopposed by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 07/01/2015)
2015-07-01	45	MOTION for Leave to File Sur-Reply by Pebble Limited Partnership. (Attachments: # 1 Exhibit Plaintiff's Proposed Sur-Reply, # 2 Proposed Order)(Amodio, Thomas) Modified on 7/1/2015 to create relationship to document #34 (PRR, COURT STAFF). (Entered: 07/01/2015)
2015-07-02	46	ORDER granting 44 Unopposed Request for o/a re mot for sj; o/a to be set after prelim rvw of parties' brfing. (PRR, COURT STAFF) (Entered: 07/02/2015)
2015-07-06	47	Notice to Counsel re 43 Declaration filed by United States Environmental Protection Agency. A review of the document submitted at dkt 43 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 43. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (PRR, COURT STAFF) (Entered: 07/06/2015)
2015-07-06	48	ORDER granting 45 Motion for Leave to File Sur-Reply. (PRR, COURT STAFF) (Entered: 07/06/2015)
2015-07-07	49	RESPONSE in Opposition re 34 MOTION for Summary Judgment Plaintiff's Sur-Reply filed by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 07/07/2015)
2015-08-04	50	ORDER, 34 MOTION for Summary Judgment , Tentative Disposition. Simultaneous Memorandum due on or before 8/14/2015. Signed by Judge H. Russel Holland on 8/4/15. (CLW, COURT STAFF) (Entered: 08/04/2015)
2015-08-14	51	RESPONSE TO ORDER REGARDING TENTATIVE DISPOSITION by United States Environmental Protection Agency. (Robinson, Stuart) Modified on 8/14/2015 Create relationship to document #34 (CLW, COURT STAFF). (Entered: 08/14/2015)
2015-08-14	52	RESPONSE TO ORDER by Pebble Limited Partnership. (Amodio, Thomas) Modified on 8/14/2015 Create relationship to document #34 (CLW, COURT STAFF). (Entered: 08/14/2015)
2015-08-24	53	ORDER granting in part 34 Motion for Summary Judgment. Counsel and court shall proceed with the FOIA Exemption 5 issues as set out in order. Signed by Judge H. Russel Holland on 8/24/15. (CLW, COURT STAFF) (Entered: 08/24/2015)
2015-08-28	54	MOTION for Clarification Motion for Clarification by United States Environmental Protection Agency. (Attachments: # 1 Proposed Order)(Thurston, Robin) Modified on 8/31/2015 to clarify text. (PRR, COURT STAFF). (Entered: 08/28/2015)
2015-08-28	55	RESPONSE TO ORDER by Pebble Limited Partnership. (Attachments: # 1 Exhibit Exhibits 1-2, # 2 Proposed Order)(Amodio, Thomas) (Entered: 08/28/2015)
2015-08-31	56	ORDER re In Camera Review of Documents; def brf due 9/29/15; plf's opp due 10/13/15; def may reply by 10/20/15. Signed by Judge H. Russel Holland on 8/31/15. (PRR, COURT STAFF) Modified on 10/5/2015 to create relationship to document #61. (PRR, COURT STAFF). (Entered: 08/31/2015)
2015-09-16	57	Consent MOTION for Extension of Time to File DOCUMENTS IN CAMERA NUNC PRO TUNC by United States Environmental Protection Agency. (Attachments: # 1 Proposed Order)(Robinson, Stuart) (Entered: 09/16/2015)
2015-09-16	58	NOTICE OF FILING of documents for in camera review by United States Environmental Protection Agency (Robinson, Stuart) Modified on 9/17/2015 to clarify text. (PRR, COURT STAFF). (Entered: 09/16/2015)
2015-09-18	59	ORDER granting 57 Consent Motion for Extension of Time to File In Camera Documents. (PRR, COURT STAFF) (Entered: 09/18/2015)
2015-09-24	60	NOTICE of Filing by United States Environmental Protection Agency (Attachments: # 1 Affidavit, # 2 Affidavit)(Thurston, Robin) (Entered: 09/24/2015)
2015-09-29	61	RESPONSE TO ORDER / BRIEFING re deliberative process privilege by United States Environmental Protection Agency. (Robinson, Stuart) Modified on 10/5/2015 to clarify text and create tracking mechanism. (PRR, COURT STAFF). (Entered: 09/29/2015)
2015-09-29	62	EXHIBITS A & B to Response to Order re 61 Response to Order by United States Environmental Protection Agency. (Attachments: # 1 Privilege Log)(Robinson, Stuart) Modified on 9/29/2015 to clarify docket text. (BJK, COURT STAFF). (Entered: 09/29/2015)
2015-10-05		Docket Annotation: For the purpose of tracking the briefing as ordered at docket 56 , the Opening Brief at docket 61 has been converted to a Motion Miscellaneous Relief . Responsive filings should be filed using the event Response in Opposition to Motion or Response to Motion (Non-Opposition) . The reply, if any, shall be filed using the event Reply to Response to Motion . (PRR, COURT STAFF) (Entered: 10/05/2015)
2015-10-07	63	MOTION for Extension of Time to File Response/Reply UNOPPOSED by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) Modified on 10/8/2015 to create relationship to document #61 (PRR, COURT STAFF). (Entered: 10/07/2015)
2015-10-08	64	ORDER granting 63 Motion for Extension of Time to File Response/Reply re 61 MOTION (Briefing re deliberative process privilege). Responses due by 10/27/2015; Replies due by 11/3/2015. (PRR, COURT STAFF) (Entered: 10/08/2015)
2015-10-22	65	MOTION for Extension of Time to File Response/Reply as to 61 MOTION (Briefing re deliberative process privilege) UNOPPOSED by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 10/22/2015)
2015-10-23	66	ORDER granting 65 Motion for Extension of Time to File Response/Reply re 61 MOTION (Briefing re deliberative process privilege). Responses due by 11/10/2015; Replies due by 11/20/2015. (PRR, COURT STAFF) Modified on 10/26/2015 to correct filing date. (PRR, COURT STAFF). (Entered: 10/23/2015)
2015-11-10	67	RESPONSE in Opposition re 61 MOTION (Briefing re deliberative process privilege) filed by Pebble Limited Partnership. (Amodio, Thomas) (Entered: 11/10/2015)
2015-11-10	68	DECLARATION of John L. Jacobus re 67 Response in Opposition to Motion by Pebble Limited Partnership. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, part 1, # 6 Exhibit Exhibit E, part 2, # 7 Exhibit Exhibit E, part 3, # 8 Exhibit Exhibit E, part 4)(Amodio, Thomas) (Entered: 11/10/2015)
2015-11-20	69	REPLY to Response to Motion re 61 MOTION (Briefing re deliberative process privilege) filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit Letter)(Robinson, Stuart) (Entered: 11/20/2015)
2015-11-23	70	MOTION for Hearing re 61 MOTION (Briefing re deliberative process privilege) UNOPPOSED by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 11/23/2015)
2016-01-12	71	ORDER granting in part as to the FACA docs and denying in part as to the FOIA docs re 61 Motion for summary judgment; denying 70 Motion for Hearing; def to reevaluate FOIA docs & rpt to crt by 2/12/16; as to FOIA docs def's mot for SJ remains unresolved. Signed by Judge H. Russel Holland on 1/12/16. (PRR, COURT STAFF) Modified on 1/12/2016 to create relationship to document #61 (PRR, COURT STAFF). (Entered: 01/12/2016)
2016-02-12	72	STATUS REPORT by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A)(Robinson, Stuart) (Entered: 02/12/2016)
2016-02-12	73	MOTION for Leave to File Response to Status Report by Pebble Limited Partnership. (Attachments: # 1 Exhibit Proposed Response to Status Report, # 2 Proposed Order)(Amodio, Thomas) (Entered: 02/12/2016)
2016-02-17	74	ORDER granting 73 Motion for Leave to File a Response to Def's Stat Rpt; plf directed to serve & file its response. (PRR, COURT STAFF) (Entered: 02/17/2016)
2016-02-17	75	NOTICE Response to Status Report by Pebble Limited Partnership re 72 Status Report (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Amodio, Thomas) (Entered: 02/17/2016)
2016-02-18	76	MOTION for Leave to File Reply by United States Environmental Protection Agency. (Attachments: # 1 Proposed Reply, # 2 Proposed Order)(Robinson, Stuart) Modified on 2/19/2016 to Create relationship to document #72 & #75 (BJK, COURT STAFF). (Entered: 02/18/2016)
2016-02-19	77	ORDER granting 76 Motion for Leave to File Reply. (PRR, COURT STAFF) (Entered: 02/19/2016)
2016-02-22	78	NOTICE REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S STATUS REPORT by United States Environmental Protection Agency re 75 Notice (Other) (Robinson, Stuart) (Entered: 02/22/2016)
2016-03-14	79	ORDER that def to re-evaluate 114 docs for rls to plf & submit other docs for in camera rvw by crt by 4/14/16. Signed by Judge H. Russel Holland on 3/14/16. (PRR, COURT STAFF) (Entered: 03/14/2016)
2016-04-14	80	NOTICE of Filing by United States Environmental Protection Agency (Thurston, Robin) (Entered: 04/14/2016)
2016-06-08	81	MOTION to Withdraw as Attorney UNOPPOSED by Pebble Limited Partnership. (Attachments: # 1 Proposed Order)(Amodio, Thomas) (Entered: 06/08/2016)
2016-06-09	82	ORDER granting 81 Motion to Withdraw as Attorney. Attorney Andrew J. Sloniewsky terminated. Signed by Judge H. Russel Holland on 6/9/16. (CLW, COURT STAFF) (Entered: 06/09/2016)
2016-06-14	83	ORDER re In Camera Review of 61 Briefing re deliberative process privilege; remaining portion of def's 2nd mot for SJ denied in part & granted in part; def to provide notice to crt following compliance w/ord; crt to then enter fnl judg. Signed by Judge H. Russel Holland on 6/14/16. (PRR, COURT STAFF) (Entered: 06/14/2016)
2016-06-22	84	NOTICE OF RELEASE OF DOCUMENTS by United States Environmental Protection Agency (Robinson, Stuart) (Entered: 06/22/2016)
2016-06-28	85	FINAL JUDGMENT that def having complied w/its obligations under the FOIA, this case is now resolved as to all clms and all parties. Signed by Judge H. Russel Holland on 6/28/16. (PRR, COURT STAFF) (Entered: 06/28/2016)
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