Case Detail

FOIA Project Annotation: Judge Amit Mehta has ruled that the Environmental Defense Fund is both eligible and entitled to attorney's fees for its litigation against the EPA for records concerning the appointment of Scott Pruitt to head the agency at the beginning of the Trump administration. Because of a deluge of FOIA requests prompted by Pruitt's appointment, the agency failed to respond to EDF's request within the statutory time limits. Mehta imposed a 750-page-per-month processing requirement on the agency. A year later, the agency told Mehta it had finished processing EDF's request. However, the parties agreed to halt summary judgment after discovering that the EPA had inadvertently produced incomplete records. Another year went by, and the parties told Mehta they had resolved their differences through mediation except for the issue of attorney's fees. EDF then filed its motion for attorney's fees, which the EPA opposed. Mehta first turned to whether or not EDF was eligible for fees. He found that EDF had benefited from his judicial order. He pointed out that "the parties disputed what rate of processing of responsive documents should be, and ultimately, the court granted EDF greater relief than what the agency voluntarily offered: EPA suggested a 500-document-per-month processing rate, and the court ultimately ordered it to process 750 records per month and made production on a rolling basis. EDF thus received some of the relief it asked for." He observed that "because of the court's order, the completion of production â€"although admittedly not mandated by a date certain â€" accelerated, and the agency was obligated to work at a court-designated rate." Mehta also found that EDF succeeded under the catalyst theory as well â€" that the litigation had caused the agency to move more quickly in processing EDF's request. The EPA argued that it had exercised due diligence in responding to EDF's request. But Mehta indicated that "the record reflects no genuine production of responsive documents prior to the initiation of the litigation. If EPA's pre-lawsuit communications to EDF here qualified as 'due diligence' for purposes of the catalyst inquiry, then an agency could always avoid paying fees by providing occasional non-substantive updates without ever rendering a determination on a FOIA request, offering any indication whether it will process the request, or generating any responsive records." He noted that "it was only after the litigation commenced that EPA finally indicated it would process and produce responsive records. That is a change in position by the agency, and it was catalyzed by the commencement of this lawsuit." Turning to the issue of whether EDF was entitled to fees, Mehta observed that the EPA argued that its processing of the request was reasonable for purposes of the four-factor test, which included the public interest in disclosure, the requester's commercial or personal interest in the request, and the reasonableness of the agency's response. Mehta noted that "in determining whether EDF is entitled to fees, the court must weigh all four factors. Thus, even if the government's position had some degree of reasonableness given the strength of the other three factors of a fee award, EDF would prevail. EDF is entitled to fees." However, Mehta rejected EDF's claim that the LSI Matrix â€" a method of calculating fees that is more generous than the USAO Matrix â€" did not apply and adopted the USAO Matrix instead, resulting in a significant fee reduction overall. Mehta also agreed with the EPA, the number of hours claimed by EDF were excessive and reduced them by 15 percent, resulting in a final fee award of $110, 955.92.
Issues: Litigation - Attorney's fees - Eligibility - Causal effect, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2017-10-26	1	COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5177497) filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Zavareei, Hassan) (Entered: 10/26/2017)
2017-10-30		Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 10/30/2017)
2017-10-30	2	SUMMONS (1) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/30/2017)
2017-10-30		SUMMONS Not Issued as to U.S. Attorney and U.S. Attorney General.....SUMMONS NOT FILED AT THE TIME COMPLAINT WAS FILED. (zsb) (Entered: 10/30/2017)
2017-11-14	3	REQUEST FOR SUMMONS TO ISSUE re Summons Not Issued filed by ENVIRONMENTAL DEFENSE FUND. Related document: Summons Not Issued. (Attachments: # 1 Summons)(Zavareei, Hassan) (Entered: 11/14/2017)
2017-11-15	4	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice of Consent) (md) (Entered: 11/15/2017)
2017-12-18	5	NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 12/18/2017)
2017-12-18	6	ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Kolsky, Joshua) (Entered: 12/18/2017)
2017-12-19	7	MINUTE ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before January 10, 2018. The Joint Status Report shall include: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Amit P. Mehta on 12/19/2017. (lcapm2) (Entered: 12/19/2017)
2017-12-20		Set/Reset Deadlines/Hearings: Joint Status Report due by 1/10/2018. (zcdw) (Entered: 12/20/2017)
2018-01-10	8	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 01/10/2018)
2018-01-12		MINUTE ORDER. The parties shall file a Joint Status Report updating the court on the status of Defendant's search and production efforts on or before February 9, 2018. Signed by Judge Amit P. Mehta on 1/12/2018. (Entered: 01/12/2018)
2018-01-12		Set/Reset Deadlines/Hearings: Joint Status Report due by 2/9/2018. (zcdw) (Entered: 01/15/2018)
2018-02-09	9	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kolsky, Joshua) (Entered: 02/09/2018)
2018-02-13		MINUTE ORDER. The parties shall appear for a Status Conference on February 21, 2018, at 10 a.m. in Courtroom 10. In the event counsel or a party is unable to appear at the scheduled time due to an unresolvable scheduling conflict, counsel shall meet and confer and provide, via e-mail, two alternative dates and times to the Courtroom Deputy Clerk, Ms. Chashawn White (Chashawn_White@dcd.uscourts.gov), who shall reset the Status Conference and provide notice to the parties. Signed by Judge Amit P. Mehta on 2/13/2018. (lcapm2) (Entered: 02/13/2018)
2018-02-13		Set/Reset Deadlines/Hearings: Status Conference set for 2/21/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 02/14/2018)
2018-02-20		Set/Reset Deadlines/Hearings: Status Conference reset for 3/1/2018 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 02/20/2018)
2018-03-01		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 3/1/2018. Next status conference hearing date set for 4/9/2018 at 2:00 PM. (Court Reporter: Lisa Griffith.) (jl) (Entered: 03/01/2018)
2018-04-09		MINUTE ORDER. Pursuant to the discussion that took place at the Status Conference on April 9, 2018, the parties shall file a Joint Status Report updating the court on the search and production efforts in this case on or before June 8, 2018. Signed by Judge Amit P. Mehta on 4/9/2018. (lcapm2) (Entered: 04/09/2018)
2018-04-09		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 4/9/2018. (Court Reporter: William Zaremba) (zcdw) (Entered: 04/11/2018)
2018-04-27	10	TRANSCRIPT OF STATUS ONFERENCE HEARING PROCEEDINGS before Judge Amit P. Mehta held on April 9, 2018; Page Numbers: 1-21. Date of Issuance: April 27, 2018. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased fro m the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/18/2018. Redacted Transcript Deadline set for 5/28/2018. Release of Transcript Restriction set for 7/26/2018.(wz) (Entered: 04/27/2018)
2018-06-08	11	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kolsky, Joshua) (Entered: 06/08/2018)
2018-06-11		MINUTE ORDER. In light of the parties' 11 Joint Status Report, the parties are directed to file another Joint Status Report on or before August 7, 2018, that updates the court on the search and production efforts in this case. Signed by Judge Amit P. Mehta on 6/11/2018. (lcapm2) Modified to correct typographical error on 6/11/2018 (zjd). (Entered: 06/11/2018)
2018-06-11		Set/Reset Deadlines: Joint Status Report due by 8/7/2018. (zjd) (Entered: 06/11/2018)
2018-08-07	12	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kolsky, Joshua) (Entered: 08/07/2018)
2018-09-27		MINUTE ORDER. The parties shall file their next Joint Status Report that updates the court on search and production efforts in this case no later than October 23, 2018. Signed by Judge Amit P. Mehta on 9/27/2018. (lcapm2) (Entered: 09/27/2018)
2018-09-27		Set/Reset Deadlines: Joint Status Report due by 10/23/2018. (zjd) (Entered: 09/28/2018)
2018-10-23	13	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Kolsky, Joshua) (Entered: 10/23/2018)
2018-10-30		MINUTE ORDER. The court appreciates the parties' comprehensive and clear Joint Status Report filed on October 23, 2018. The parties shall submit their next Joint Status Report no later than December 19, 2018, updating the court on Defendant's search and production efforts. In the next Joint Status Report, Defendant shall estimate a date by which it anticipates completing production of responsive records. Signed by Judge Amit P. Mehta on 10/30/2018. (lcapm2) (Entered: 10/30/2018)
2018-10-30		Set/Reset Deadlines: Joint Status Report due by 12/19/2018. (zjd) (Entered: 10/31/2018)
2018-11-13	14	NOTICE Regarding Changes to Production Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 11/13/2018)
2018-11-14		MINUTE ORDER. In light of the Defendant's Notice, the deadline of December 19, 2018, for the parties' next Joint Status Report is hereby vacated. The parties shall file their next Joint Status Report by February 8, 2019, and advise whether summary judgment briefing will be required in this matter and, if so, propose a briefing schedule. Signed by Judge Amit P. Mehta on 11/14/2018. (lcapm2) (Entered: 11/14/2018)
2018-11-14		Set/Reset Deadlines: Joint Status Report due by 2/8/2019. (zjd) (Entered: 11/19/2018)
2018-12-18	15	NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/18/2018)
2019-02-08	16	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cirino, Paul) (Entered: 02/08/2019)
2019-02-08		MINUTE ORDER. The parties shall file an additional Joint Status Report by March 15, 2019, updating the court on production efforts and, if necessary, proposing a briefing schedule. Signed by Judge Amit P. Mehta on 2/8/2019. (lcapm2) (Entered: 02/08/2019)
2019-02-08		Set/Reset Deadlines: Joint Status Report due by 3/15/2019. (zjd) (Entered: 02/14/2019)
2019-03-15	17	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cirino, Paul) (Entered: 03/15/2019)
2019-03-18		MINUTE ORDER. The parties shall file an additional Joint Status Report no later than April 5, 2019, which advises whether further litigation will be required in this matter and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 3/18/2019 (lcapm2) (Entered: 03/18/2019)
2019-03-18		Set/Reset Deadlines: Joint Status Report due by 4/5/2019. (zjd) (Entered: 03/22/2019)
2019-04-05	18	Joint STATUS REPORT and Proposed Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cirino, Paul) (Entered: 04/05/2019)
2019-04-09	19	ORDER setting the schedule for further proceedings in this matter: (1) Defendants' Motion for Summary Judgment shall be filed on or before June 7, 2019; (2) Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be filed on or before July 22, 2019; (3) Defendants' Reply and Opposition to Plaintiffs Motion for Summary Judgment shall be filed on or before August 21, 2019; and (4) Plaintiff's Reply shall be filed on or before September 10, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 4/9/2019. (lcapm2) (Entered: 04/09/2019)
2019-04-09		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 6/7/2019. Plaintiff's Cross-Motion and Opposition due by 7/22/2019. Defendant's Opposition and Reply due by 8/21/2019. Plaintiff's Reply due by 9/10/2019. (zjd) (Entered: 04/09/2019)
2019-06-04	20	Joint MOTION to Extend Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 06/04/2019)
2019-06-05	21	ORDER granting 20 Joint Motion to Extend Briefing Schedule. The court orders the following with regard to further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before July 5, 2019; Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be filed on or before August 5, 2019; Defendants' Reply and Opposition to Plaintiff's Motion for Summary Judgment shall be filed on or before September 6, 2019; and Plaintiff's Reply shall be filed on or before September 17, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 6/5/2019. (lcapm2) (Entered: 06/05/2019)
2019-06-05		Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 7/5/2019. Plaintiff's Cross-Motion for Summary Judgment and Opposition due by 8/5/2019. Defendants' Reply and Opposition due by 9/6/2019. Plaintiff's Reply due by 9/17/2019.(zjd) (Entered: 06/06/2019)
2019-07-05	22	Consent MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 07/05/2019)
2019-07-08	23	ORDER granting 22 Motion for Extension of Time to File Summary Judgment Motion. The court orders the following with regard to further proceedings in this matter: Defendants' Motion for Summary Judgment shall be filed on or before July 11, 2019; Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment shall be filed on or before August 12, 2019; Defendants' Reply and Opposition to Plaintiff's Motion for Summary Judgment shall be filed on or before September 12, 2019; and Plaintiff's Reply shall be filed on or before September 23, 2019. See attached Order for additional details. Signed by Judge Amit P. Mehta on 7/8/2019. (lcapm2) (Entered: 07/08/2019)
2019-07-08		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 7/11/2019. Plaintiff's Cross Motion and Opposition due by 8/12/2019. Defendant's Reply and Opposition due by 9/12/2019. Plaintiff's Reply due by 9/23/2019.(zjd) (Entered: 07/08/2019)
2019-07-11	24	MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth White, # 3 Exhibit A to White Declaration (Vaughn Index), # 4 Exhibits B, C & D to White Declaration, # 5 Statement of Facts, # 6 Text of Proposed Order)(Cirino, Paul) (Entered: 07/11/2019)
2019-08-08	25	Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Text of Proposed Order)(Zavareei, Hassan) (Entered: 08/08/2019)
2019-08-09		MINUTE ORDER granting 25 Motion for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. The schedule for briefings in this matter is adjusted as follows: Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment shall be filed by August 26, 2019; Defendant's Reply and Opposition to Plaintiffs Cross-Motion for Summary Judgment shall be filed by October 2, 2019; and Plaintiff's Reply shall be filed by October 16, 2019. Signed by Judge Amit P. Mehta on 8/9/2019 (lcapm2) (Entered: 08/09/2019)
2019-08-09		Set/Reset Deadlines: Plaintiff's Cross Motion and Opposition due by 8/26/2019. Defendant's Reply and Opposition due by 10/2/2019. Plaintiff's Reply due by 10/16/2019.(zjd) (Entered: 08/12/2019)
2019-08-26	26	Cross MOTION for Summary Judgment by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Zavareei, Hassan) (Entered: 08/26/2019)
2019-08-26	27	Memorandum in opposition to re 24 MOTION for Summary Judgment filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Exhibit A (Pl's Annotated Vaughn Index), # 2 Exhibit B (Pl's Table of Documents), # 3 Exhibit C (Pl's Resp. to Stmt of Facts), # 4 Exhibit D (Levitan Decl.))(Zavareei, Hassan) (Entered: 08/26/2019)
2019-10-02	28	Joint MOTION to Stay Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Cirino, Paul) (Entered: 10/02/2019)
2019-10-03		MINUTE ORDER. Upon consideration of the 28 Joint Motion to Stay Briefing Schedule, and the entire record herein, it is ordered that the motion is granted. It is further ordered as follows: (1) The summary judgment briefing is hereby STAYED; (2) The parties shall meet and confer regarding the attachments recently identified by EPA; and (3) The parties shall file a Joint Status Report on November 14, 2019, updating the court on the progress of their discussions and proposing a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/03/2019. (lcapm2) (Entered: 10/03/2019)
2019-10-03		Set/Reset Deadlines: Joint Status Report due by 11/14/2019. (zjd) (Entered: 10/11/2019)
2019-11-14	29	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 11/14/2019)
2019-11-15	30	ORDER. Upon consideration of the parties' 29 November 14, 2019, Joint Status Report, the parties are directed to file another Joint Status Report on or before January 17, 2020, that updates the court on their progress and, if necessary, proposes a renewed briefing schedule for summary judgment. See the attached Order for further details. Signed by Judge Amit P. Mehta on 11/15/2019. (lcapm1) Modified on 11/15/2019 (lcapm1). (Entered: 11/15/2019)
2019-11-15		Set/Reset Deadlines: Joint Status Report due by 1/17/2020. (zjd) (Entered: 11/18/2019)
2020-01-17	31	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 01/17/2020)
2020-01-17	32	ORDER. The parties shall have until March 17, 2020, to settle this matter. If the parties are unable to reach a settlement, Defendant EPA shall file a renewed motion for summary judgment no later than April 17, 2020, and Plaintiff EDF shall file its opposition thereto and cross-motion for summary judgment no later than May 15, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 01/17/2020. (lcapm2) (Entered: 01/17/2020)
2020-01-17		Set/Reset Deadlines: Settlement due by 3/17/2020. Renewed Motion for Summary Judgment due by 4/17/2020. Opposition and Cross Motion due by 5/15/2020.(zjd) (Entered: 01/21/2020)
2020-01-17		Case administratively stayed pending resolution. (zjd) (Entered: 01/24/2020)
2020-04-10	33	Joint MOTION to Extend Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 04/10/2020)
2020-04-10	34	ORDER granting 33 Motion to Extend Briefing Schedule. Defendant shall file a renewed motion for summary judgment on or before June 1, 2020, and Plaintiff shall file its opposition and cross-motion for summary judgment on or before July 1, 2020. See attached Order for further details. Signed by Judge Amit P. Mehta on 04/10/2020. (lcapm2) (Entered: 04/10/2020)
2020-04-10		Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 6/1/2020. Opposition and Cross-Motion due by 7/1/2020. (zjd) (Entered: 04/13/2020)
2020-05-27	35	Joint MOTION to Extend Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) Modified event on 5/29/2020 (znmw). (Entered: 05/27/2020)
2020-05-28	36	ORDER granting 35 Joint Motion to Extend Briefing Schedule. Defendant shall file a renewed motion for summary judgment no later than July 16, 2020, and Plaintiff shall file its opposition and cross-motion for summary judgment no later than August 31, 2020. See the attached Order for further details. Signed by Judge Amit P. Mehta on 05/28/2020. (lcapm2) (Entered: 05/28/2020)
2020-05-28		Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 7/16/2020. Opposition and Cross-Motion due by 8/31/2020. (zjd) (Entered: 05/29/2020)
2020-06-15	37	Joint MOTION for Mediation , Joint MOTION to Stay Proceedings by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Cirino, Paul) (Entered: 06/15/2020)
2020-06-16	38	ORDER granting 37 Motion for Mediation and Motion to Stay the case. This case is hereby stayed and referred to the District Court's Mediation Program. The parties shall file a Joint Status Report by July 30, 2020. If the parties reach a settlement before July 30, 2020, they shall promptly inform the court. Signed by Judge Amit P. Mehta on 06/16/2020. (lcapm2) (Entered: 06/16/2020)
2020-06-16		Set/Reset Deadlines: Joint Status Report due by 7/30/2020. (zjd) (Entered: 06/17/2020)
2020-07-30	39	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cirino, Paul) (Entered: 07/30/2020)
2020-07-30		MINUTE ORDER. This matter will remain stayed until September 14, 2020. By that date, unless they have already filed a stipulation of dismissal, the parties shall file a Joint Status Report concerning mediation and settlement. Signed by Judge Amit P. Mehta on 07/30/2020. (lcapm2) (Entered: 07/30/2020)
2020-07-30		Set/Reset Deadlines: Joint Status Report due by 9/14/2020. (zjd) (Entered: 07/31/2020)
2020-09-14	40	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cirino, Paul) (Entered: 09/14/2020)
2020-09-15		MINUTE ORDER. This matter will remain stayed until October 15, 2020. By that date, unless they have already filed a stipulation of dismissal, the parties shall file a Joint Status Report concerning mediation and settlement. Signed by Judge Amit P. Mehta on 09/15/2020. (lcapm2) (Entered: 09/15/2020)
2020-09-15		Set/Reset Deadlines: Joint Status Report due by 10/15/2020. (zjd) (Entered: 09/16/2020)
2020-10-14	41	Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Cirino, Paul) (Entered: 10/14/2020)
2020-10-15		MINUTE ORDER. This matter will remain stayed until November 4, 2020. By that date, unless they have already filed a stipulation of dismissal, the parties shall file a Joint Status Report concerning mediation and settlement. Signed by Judge Amit P. Mehta on 10/15/2020. (lcapm2) (Entered: 10/15/2020)
2020-10-15		Set/Reset Deadlines: Joint Status Report due by 11/4/2020. (zjd) (Entered: 10/16/2020)
2020-11-04	42	Joint STATUS REPORT and Proposed Briefing Schedule by ENVIRONMENTAL DEFENSE FUND. (Zavareei, Hassan) (Entered: 11/04/2020)
2020-11-06		MINUTE ORDER entering the briefing schedule proposed in the parties' 42 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Plaintiff's Motion for Attorneys' Fees is due on or before December 3, 2020; (2) Defendant's Opposition to Plaintiff's Motion for Attorneys' Fees is due on or before February 15, 2021; and (3) Plaintiff's Reply is due on or before March 5, 2021. Signed by Judge Amit P. Mehta on 11/6/2020. (lcapm2) (Entered: 11/06/2020)
2020-11-09		Set/Reset Deadlines: Motion for Attorneys' Fees due by 12/3/2020. Opposition due by 2/15/2021. Reply due by 3/5/2021. (zjd) (Entered: 11/09/2020)
2020-12-03	43	MOTION for Attorney Fees and Costs by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Memorandum in Support, # 2 Declaration of Hassan Zavareei, # 3 Declaration of Benjamin Levitan, # 4 Declaration of Michael Topic, # 5 Text of Proposed Order)(Zavareei, Hassan) (Entered: 12/03/2020)
2020-12-20	44	NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Paul Cirino (Duffey, Thomas) (Entered: 12/20/2020)
2021-02-03	45	NOTICE OF SUPPLEMENTAL AUTHORITY by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Supplemental Declaration of Benjamin Levitan)(Zavareei, Hassan) (Entered: 02/03/2021)
2021-02-12	46	Consent MOTION for Extension of Time to File Response/Reply to Motion for Attorney's Fees by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 02/12/2021)
2021-02-17	47	ORDER granting 46 Consent Motion for Extension of Time to File Opposition to Motion for Attorney's Fees. Defendant shall file its Opposition to Plaintiff's Motion for Attorney's Fees on or before March 10, 2021, and Plaintiff shall file its Reply on or before March 24, 2021. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 2/17/2021. (lcapm2) (Entered: 02/17/2021)
2021-03-09	48	MOTION for Extension of Time to File Response/Reply to Motion for Attorneys' Fees by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 03/09/2021)
2021-03-10		MINUTE ORDER granting 48 Motion to Extend Time to File Opposition to Motion for Attorney's Fees. Defendant shall file its Opposition to Plaintiff's Motion for Attorney's Fees on or before March 24, 2021. Signed by Judge Amit P. Mehta on 3/10/2021. (lcapm2) (Entered: 03/10/2021)
2021-03-15	49	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leora Nachama Friedman, Filing fee $ 100, receipt number ADCDC-8303138. Fee Status: Fee Paid. by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Zavareei, Hassan) (Entered: 03/15/2021)
2021-03-16		MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Attorney Leora Nachama Friedman is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Amit P. Mehta on 3/16/2021. (lcapm2) (Entered: 03/16/2021)
2021-03-19	50	NOTICE of Appearance by Leora Friedman on behalf of ENVIRONMENTAL DEFENSE FUND (Friedman, Leora) (Entered: 03/19/2021)
2021-03-24	51	Memorandum in opposition to re 43 MOTION for Attorney Fees and Costs filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit Exhibit A. USAO Fee Matrix, # 2 Exhibit Exhibit B. Yablonski Declaration, # 3 Declaration Hope Declaration, # 4 Exhibit Exhibit A to Hope Decl., # 5 Exhibit Exhibit B to Hope Decl., # 6 Exhibit Exhibit C to Hope Decl., # 7 Declaration Fugh Declaration)(Duffey, Thomas) (Entered: 03/24/2021)
2021-04-07	52	REPLY to opposition to motion re 43 MOTION for Attorney Fees and Costs PLAINTIFF'S REPLY IN SUPPORT OF ITS MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Zavareei, Hassan) (Entered: 04/07/2021)
2022-01-13	53	MEMORANDUM OPINION & ORDER granting Plaintiff's 43 Motion for Attorneys' Fees and Costs. See attached Memorandum Opinion & Order for details. Signed by Judge Amit P. Mehta on 1/13/2022. (lcapm2) (Entered: 01/13/2022)
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