| Date Filed | Doc # | Docket Text |
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| 2015-02-09 | 1 | COMPLAINT filed by Southeastern Legal Foundation, Inc.. ( Filing fee $ 400.00 receipt number 113E-5648253.) (Attachments: # 1 Ex- A-1 through A-14, # 2 Ex- A-15 - Part 1, # 3 Ex- A-15 - Part 2, # 4 Ex - A- 16, # 5 Ex -A-17 - Part 1, # 6 Ex - A-17 - Part 2, # 7 Ex - A-18, # 8 Ex - A-19 - Part 1, # 9 Ex - A- 19 - Part 2, # 10 Ex - A- 19 - Part 3, # 11 Ex - A - 20)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 2/11/2015: # 12 Ex - A- 21 - Part 1, # 13 Ex - A - 21 - Part 2, # 14 Ex - A - Part 3, # 15 Ex - A - 21 - Part 4, # 16 Ex - A- 21 - Part 5, # 17 Ex - A - 21- Part 6, # 18 Ex A - 21- Part 7, # 19 Ex - A- 21- Part 8, # 20 Ex A - 21 - Part 9, # 21 Ex - A - 21 - Part 10, # 22 Ex - A- 21 - Part 11, # 23 Ex - A- Part 21 - 12) (eop). (Additional attachment(s) added on 2/11/2015: # 24 Ex - A- 21 - Part 13, # 25 Ex - A- 21 - Part 14, # 26 Ex - A-21- Part 15, # 27 Ex -A- 21- Part 16, # 28 Ex - A - 21- Part 17, # 29 Ex -A-21- Part 18, # 30 Ex - A- 21 - Part 19, # 31 Ex- A- 21- Part 20) (eop). (Additional attachment(s) added on 2/11/2015: # 32 Ex - A-21 - Part 21, # 33 Ex -A-21 -Part 22, # 34 Ex - A-21- Part 23, # 35 Ex -A -21 - Part 24, # 36 Ex -A-21 -Part 25, # 37 Ex -A-21- Part 26, # 38 Ex -A-21 - Part 27, # 39 Ex -A - 21 - Part 28, # 40 Ex - A-21 - Part 29, # 41 Ex - A- 21- Part 30) (eop). (Additional attachment(s) added on 2/11/2015: # 42 Ex -A-21 - Part 31, # 43 Ex - A-21- Part 32, # 44 Ex - A- 21- Part 33, # 45 Ex -A- 21- Part 34, # 46 Ex - A-21- Part 35, # 47 Ex -A-21 - Part 36, # 48 Ex - A-22 through A-25, # 49 Ex B-1 through B-14, # 50 Ex - B-15 through B-28, # 51 Ex - C-1 through C-11, # 52 Civil Cover Sheet) (eop). (Entered: 02/11/2015) |
| 2015-02-09 | 2 | Electronic Summons Issued as to United States Environmental Protection Agency, Eric Holder, Jr. and U. S. Attorney's Office. (Attachments: # 1 Eric Holder, Jr., # 2 U. S. Attorneys Office)(eop) (Entered: 02/11/2015) |
| 2015-02-09 | 3 | Certificate of Interested Persons by Southeastern Legal Foundation, Inc.. (eop) (Entered: 02/11/2015) |
| 2015-02-12 | 4 | Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 2/12/2015. (jtj) (Entered: 02/12/2015) |
| 2015-02-27 | 5 | AFFIDAVIT of Shannon L. Goessling filed by Southeastern Legal Foundation, Inc.. All Defendants. (Attachments: # 1 Exhibit 1 - Certified Mail with Return Receipt to the United States Attorney for the Northern District of Georgia, # 2 Exhibit 2 - Certified Mail with Return Receipt to the United States Attorney General, # 3 Exhibit 3 - Certified Mail with Return Receipt to the United States Environmental Protection Agency)(Goessling, Shannon) Modified on 3/2/2015 to edit event text. (aaq). (Entered: 02/27/2015) |
| 2015-03-06 | 6 | MOTION for Extension of Time to File Answer to 1 Complaint, with Brief In Support by United States Environmental Protection Agency. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(Josephson, Matthew) (Entered: 03/06/2015) |
| 2015-03-12 | 7 | ORDER GRANTING 6 Motion for Extension of Time for Environmental Protection Agency to Answer 1 Complaint. Answer due 4/6/2015. Signed by Judge Amy Totenberg on 3/12/2015. (jtj) (Entered: 03/12/2015) |
| 2015-03-25 | 8 | Notice for Leave of Absence for the following date(s): April 14, 2015; May 4, 2015 through May 8, 2015; and June 23, 2015 through June 30, 2015. (jtj) (Entered: 03/26/2015) |
| 2015-04-06 | 9 | ANSWER to 1 COMPLAINT by United States Environmental Protection Agency. Discovery ends on 9/3/2015.(Josephson, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/06/2015) |
| 2015-05-06 | 10 | JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Southeastern Legal Foundation, Inc., United States Environmental Protection Agency. (Goessling, Shannon) (Entered: 05/06/2015) |
| 2015-05-06 | | Submission of 10 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj) (Entered: 05/06/2015) |
| 2015-05-07 | 11 | SCHEDULING ORDER APPROVING 10 Joint Preliminary Report and Discovery Plan. The Court ORDERS that the time limits for adding parties amending the pleadings, filing motions, and discussing settlement are as stated in JPRDS, and as herein provided: Defendant shall file its Motion for Summary Judgment on or before June 19, 2015. Plaintiff shall file its Combined Opposition to Defendants Motion for Summary Judgment and Cross Motion for Summary Judgment on or before July 20, 2015. Signed by Judge Amy Totenberg on 5/07/2015. (See order for more specifics) (jtj) (Entered: 05/07/2015) |
| 2015-06-11 | 12 | Joint MOTION for Order Regarding Briefing Schedule by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Josephson, Matthew) (Entered: 06/11/2015) |
| 2015-06-11 | | Submission of 12 Joint MOTION for Order Regarding Briefing Schedule , submitted to District Judge Amy Totenberg. (jtj) (Entered: 06/11/2015) |
| 2015-06-15 | 13 | ORDER GRANTING 12 Motion for Entry of Briefing Schedule. EPA's Motion for Summary Judgment - August 18, 2015; Plaintiff's Combined Cross Motion for Summary Judgment and Opposition to EPAs Motion for Summary Judgment - September 18, 2015; EPA's Combined Opposition to Plaintiff's Cross Motion for Summary Judgment and Reply in Support of Its Motion for Summary Judgment - October 9, 2015 and Plaintiff's Reply in Support of Cross Motion for Summary Judgment - October 30, 2015. Signed by Judge Amy Totenberg on 6/12/2015. (jtj) (Entered: 06/15/2015) |
| 2015-06-19 | 14 | MOTION for Partial Summary Judgment on all claims pertinent to Plaintiff's April 2010 and November 2013 FOIA Requests with Brief In Support by United States Environmental Protection Agency. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Affidavit Declaration of Lisa A. Doucet, # 4 Affidavit Declaration of Larry F. Gottesman, # 5 Exhibit 1 - Global Climate Grant List, # 6 Exhibit 2 - 2013 Vaughn Index)(Josephson, Matthew) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 06/19/2015) |
| 2015-07-20 | 15 | Cross MOTION for Partial Summary Judgment with Brief In Support by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Brief, # 2 Statement of Material Facts, # 3 Affidavit of Kimberly S. Hermann)(Goessling, Shannon) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 07/20/2015) |
| 2015-07-20 | 16 | RESPONSE in Opposition re 14 MOTION for Partial Summary Judgment on all claims pertinent to Plaintiff's April 2010 and November 2013 FOIA Requests filed by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Statement of Material Facts, # 2 Affidavit of Kimberly S. Hermann)(Goessling, Shannon) (Entered: 07/20/2015) |
| 2015-08-10 | 17 | REPLY BRIEF re 14 MOTION for Partial Summary Judgment on all claims pertinent to Plaintiff's April 2010 and November 2013 FOIA Requests , filed by United States Environmental Protection Agency. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Affidavit Larry F. Gottesman - Supplemental Declaration, # 3 Exhibit A - AFBF Request, # 4 Exhibit B - EPA Response)(Josephson, Matthew) (Entered: 08/10/2015) |
| 2015-08-10 | 18 | RESPONSE in Opposition to 15 Cross MOTION for Partial Summary Judgment filed by United States Environmental Protection Agency. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Affidavit Larry F. Gottesman - Supplemental Declaration, # 3 Exhibit A - AFBF Request, # 4 Exhibit B - EPA Response) (jtj) (Entered: 08/10/2015) |
| 2015-08-11 | | Submission of 14 MOTION for Partial Summary Judgment on all claims pertinent to Plaintiff's April 2010 and November 2013 FOIA Requests , submitted to District Judge Amy Totenberg. (jtj) (Entered: 08/11/2015) |
| 2015-08-18 | 19 | MOTION for Partial Summary Judgment Regarding Plaintiff's December 2009 FOIA Request with Brief In Support by United States Environmental Protection Agency. (Attachments: # 1 Brief, # 2 Affidavit - Rona Birnbaum, # 3 Exhibit A - Sample Vaughn Index of Withholdings, # 4 Exhibit B - EPA-2248, # 5 Exhibit C - EPA-1580, # 6 Exhibit D - EPA-1211, # 7 Exhibit E - EPA-499, # 8 Exhibit F - EPA-960, # 9 Statement of Material Facts)(Josephson, Matthew) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/18/2015) |
| 2015-08-19 | 20 | NOTICE of Intent to File Reply Brief in Support of Plaintiff's Cross-Motion for Partial Summary Judgment, by Southeastern Legal Foundation, Inc. (Hermann, Kimberly) (Entered: 08/19/2015) |
| 2015-08-25 | 21 | Notice for Leave of Absence for the following dates: September 8, 2015 through September 11, 2015; September 17, 2015; October 21, 2015 through October 22, 2015; and November 12, 2015 through November 13, 2015, by Kimberly Stewart Hermann. (acm) (Entered: 08/25/2015) |
| 2015-08-31 | 22 | REPLY BRIEF re 15 Cross MOTION for Partial Summary Judgment filed by Southeastern Legal Foundation, Inc.. (Hermann, Kimberly) (Entered: 08/31/2015) |
| 2015-09-01 | | Submission of 15 Plaintiff's Cross MOTION for Partial Summary Judgment, submitted to District Judge Amy Totenberg. (jtj) (Entered: 09/01/2015) |
| 2015-09-17 | 23 | RESPONSE in Opposition re 19 MOTION for Partial Summary Judgment Regarding Plaintiff's December 2009 FOIA Request filed by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Statement of Material Facts)(Hermann, Kimberly) (Entered: 09/17/2015) |
| 2015-09-17 | 24 | Cross MOTION for Partial Summary Judgment with Brief In Support by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Brief, # 2 Statement of Material Facts)(Hermann, Kimberly) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 09/17/2015) |
| 2015-10-08 | | Submission of 19 MOTION for Partial Summary Judgment Regarding Plaintiff's December 2009 FOIA Request , submitted to District Judge Amy Totenberg. (jtj) (Entered: 10/08/2015) |
| 2015-10-09 | 25 | REPLY Memorandum in Support re 19 MOTION for Partial Summary Judgment Regarding Plaintiff's December 2009 FOIA Request , RESPONSE IN OPPOSITION 24 Cross MOTION for Partial Summary Judgment filed by United States Environmental Protection Agency. (Attachments: # 1 Affidavit - Supplemental Declaration of Rona Birnbaum, # 2 Exhibit A-1 - Search Request (March 2010), # 3 Exhibit A-2 - FOIA Data Collection Instr., # 4 Exhibit B-1 - EPA_126, # 5 Exhibit B-2 - EPA_2373, # 6 Exhibit B-3 - EPA_2382, # 7 Exhibit B-4 - EPA_2397, # 8 Statement of Material Facts)(Josephson, Matthew) Modified on 10/13/2015: Incorrect event used to efile pleading. Entry modified to reflect efiled pleading. (cem) (Entered: 10/09/2015) |
| 2015-10-12 | 26 | MOTION for Order Withdrawing Shannon L. Goessling as Attorney by Southeastern Legal Foundation, Inc.. (Attachments: # 1 Exhibit Notice of Withdrawal, # 2 Text of Proposed Order)(Hermann, Kimberly) Modified on 10/13/2015 (adg). (Entered: 10/12/2015) |
| 2015-10-13 | 27 | ORDER GRANTING 26 Motion to Withdraw as Attorney. Attorney Shannon Lee Goessling terminated as counsel for plaintiff. Signed by Judge Amy Totenberg on 10/13/2015. (adg) (Entered: 10/13/2015) |
| 2015-10-29 | 28 | REPLY BRIEF re 24 Cross MOTION for Partial Summary Judgment filed by Southeastern Legal Foundation, Inc.. (Hermann, Kimberly) (Entered: 10/29/2015) |
| 2015-11-02 | | Submission of 24 Cross MOTION for Partial Summary Judgment, submitted to District Judge Amy Totenberg. (jtj) (Entered: 11/02/2015) |
| 2015-11-05 | 29 | Notice for Leave of Absence for the following dates: November 23 -27, 2015 and December 8, 2015, by Kimberly Stewart Hermann. (acm) (Entered: 11/09/2015) |
| 2016-01-11 | 30 | ORDER DIRECTING the parties to supplement the record and provide paper courtesy copies of the following to chambers NO LATER THAN JANUARY 15, 2016: (1) a Joint Appendix of all exhibits referenced in the pending motions for summary judgment containing the underlying FOIA requests, responses, and other correspondence and documentation in the administrative record; and (2) a legible copy of the Vaughn Index filed at Doc. 14-6 reprinted using 13 point font. Signed by Judge Amy Totenberg on 1/11/2016. (jtj) (Entered: 01/11/2016) |
| 2016-03-30 | 31 | ORDER DENYING 14 EPA's Motion for Partial Summary Judgment; GRANTING 15 SLF's Motion for Partial Summary Judgment; GRANTING 19 EPA's Motion for Partial Summary Judgment; DENYING 24 SLF's Motion for Partial Summary Judgment. Specifically, the Court GRANTS summary judgment in favor of EPA [Doc. 19] on SLF's claims related to its December 2009 FOIA Request asserting that EPA (i) improperly withheld information under FOIA Exemptions 5 and 6, (ii) improperly designated information as non-responsive, and (iii) EPA failed to comply with FOIA's segregability requirement. The Court DENIES SLF's Motion for Summary Judgment [Doc. 24] challenging the adequacy of EPA's search for documents responsive to SLFs December 2009 FOIA Request because the claim was not asserted in the Complaint and is therefore not properly before this Court. SLF is entitled to a waiver of the costs of production of documents responsive to its April 2010 FOIA Request, but SLF's request for a fee waiver on its November 2013 FOIA Request is moot as a result of EPA's subsequent agreement to produce information responsive to the request at no charge. EPA is not required to produce documents responsive to SLFs April 2010 request electronically, but may produce them in paper format as originally requested. Therefore, EPA's Motion for Summary Judgment [Doc. 14] issue is DENIED and SLF's Motion for Summary Judgment [Doc. 15] is GRANTED IN PART and DENIED IN PART. SLF is entitled to summary judgment on its November 2013 FOIA Request. EPA wrongfully withheld the data underlying its Annual FOIA Reports for 2009 to 2012. SLF is entitled to production of the information saved on the external hard drive maintained by EPA, and EPA should undertake all reasonable efforts to coordinate with its former vendor to extract the raw statistical data from FOIAXpress and produce it as required under Section 552(e)(3) of FOIA. Therefore, EPA's Motion for Summary Judgment [Doc. 14] is DENIED and SLF's Motion for Summary Judgment [Doc. 15] is GRANTED. As no further relief has been requested by Plaintiff in the Complaint, the Clerk is DIRECTED to CLOSE THE CASE. Signed by Judge Amy Totenberg on 3/30/2016. (jtj) (Entered: 03/30/2016) |
| 2016-03-30 | | Civil Case Terminated. (jtj) (Entered: 03/30/2016) |
| 2016-03-30 | 32 | CLERK'S JUDGMENT. Summary judgment is entered in favor of the EPA on SLF's claims related to its December 2009 FOIA Request asserting that EPA (i) improperly withheld information under FOIA Exemptions 5 and 6, (ii) improperly designated information as non-responsive, and (iii) EPA failed to comply with FOIA's segregability requirement. SLF is entitled to summary judgment on its November 2013 FOIA Request. SLF is entitled to production of the information saved on the external hard drive maintained by EPA, and EPA should undertake all reasonable efforts to coordinate with its former vendor to extract the raw statistical data from FOIAXpress and produce it as required under Section 552(e)(3) of FOIA. (jtj)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 03/30/2016) |
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