Case Detail

FOIA Project Annotation: In the first application of the holding in the recent Supreme Court ruling in Fish and Wildlife Service v. Sierra Club, 140 S. Ct. 1262 (2021), in which the Court found that a draft biological opinion prepared by FWS as required by the Endangered Species Act in response to a proposed EPA regulation was covered by the deliberative process privilege because it was never acted upon by the EPA, Judge Amy Berman Jackson found that biological opinions created under similar circumstances were privileged as well because of the Supreme Court's ruling. The case involved two FOIA requests submitted to the EPA and the FWS by the Center for Biological Diversity for records concerning missing biological evaluations and opinions pertaining to the regulation of the pesticides chlorpyrifos, malathion, and diazinon. The EPA produced 848 records, releasing 324 in part, and withholding 296 records in full the FWS produced 6,779 records in full or in part and withheld 1,451 records in full. CBD challenged the agencies' withholding of seven documents under Exemption 5 (privileges), focusing on two 2017 EPA draft biological evaluations, particularly the Draft Bee Data Excel Workbook, and three FWS draft opinions and their appendices. EPA argued that despite the level of polish of two draft BEs, they were privileged because they were never adopted because the agency ended up revising its regulation instead. Berman Jackson found the facts here essentially identical to those in the Supreme Court's Sierra Club decision. She indicated that "the April 2017 drafts do not communicate a policy on which the agency has settled. They may have been close to publication, but until the agency approved them or disseminated them as the next step in the process, the developmental drafts remained subject to revision and were thus predecisional." Berman Jackson then found that the EPA had shown that disclosure would cause foreseeable harm but also indicated that the agency had failed to segregate the documents. She pointed out that "while the Court will enter summary judgment in favor of the defendants and deny plaintiff's motion on the question of whether the records are exempt, the agency must produce a redacted version disclosing purely factual information, or other materials that can be segregated. . .or submit a more detailed explanation as to why that would be impossible."
Issues: Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2018-02-13	1	COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE ( Filing fee $ 400 receipt number 0090-5332024) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Townsend, Margaret) (Entered: 02/13/2018)
2018-02-13	2	Corporate Disclosure Statement by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 02/13/2018)
2018-02-13		Case Assigned to Judge Amy Berman Jackson. (zsth) (Entered: 02/14/2018)
2018-02-14	3	SUMMONS(4) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 02/14/2018)
2018-02-15	4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie M. Parent, :Firm- Center for Biological Diversity, :Address- P.O. Box 11374; Portland, OR 97211-0374. Phone No. - (971) 717-6404. Fax No. - (503) 283-5528 Filing fee $ 100, receipt number 0090-5334255. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Stephanie M. Parent, # 2 Text of Proposed Order)(Townsend, Margaret) (Entered: 02/15/2018)
2018-02-20		MINUTE ORDER granting 4 Motion for Leave of Stephanie M. Parent to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Signed by Judge Amy Berman Jackson on 2/20/18. (DMK) (Entered: 02/20/2018)
2018-02-27	5	NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 02/27/2018)
2018-03-02	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/17/2018. Answer due for ALL FEDERAL DEFENDANTS by 3/19/2018. (Townsend, Margaret) (Entered: 03/02/2018)
2018-03-02	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 2/22/2018; U.S. FISH AND WILDLIFE SERVICE served on 2/22/2018 (Townsend, Margaret) (Entered: 03/02/2018)
2018-03-02	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/23/2018. (Townsend, Margaret) (Entered: 03/02/2018)
2018-03-19	9	Consent MOTION for Extension of Time to File Answer by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Sroka, Scott) (Entered: 03/19/2018)
2018-03-19		MINUTE ORDER granting 9 Motion for Extension of Time to Answer. Defendants must file their answer to plaintiff's complaint or other response by April 2, 2018. Signed by Judge Amy Berman Jackson on 03/19/2018. (lcabj3) (Entered: 03/19/2018)
2018-03-29	10	ANSWER to 1 Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE.(Sroka, Scott) Modified to add link on 3/30/2018 (znmw). (Entered: 03/29/2018)
2018-03-30		MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before April 27, 2018.Signed by Judge Amy Berman Jackson on 03/30/2018. (lcabj3) (Entered: 03/30/2018)
2018-04-27	11	STATUS REPORT and Proposed Production Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Sroka, Scott) (Entered: 04/27/2018)
2018-04-27	12	RESPONSE re 11 Status Report COUNTERPROPOSAL TO DEFENDANTS PROPOSED PRODUCTION SCHEDULE filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration Stephanie Parent, # 2 Exhibit A - NOAA FOIA Response Letter, # 3 Exhibit B - FWS FOIA Response Letter 1, # 4 Exhibit C - FWS FOIA Response Letter 2, # 5 Exhibit D - Email to EPA Amending Request, # 6 Exhibit E - -EPA's Acknowledgement of Amended Request, # 7 Exhibit F - EPA Initial Response Letter)(Townsend, Margaret) (Entered: 04/27/2018)
2018-05-07		MINUTE ORDER. Upon consideration of all of the pleadings, the agencies are ordered to process 600 records per month each, with the first production on May 31, 2018, and continuing on a rolling basis on the last day of each month. The parties must also submit a joint status report on August 1, 2018. Signed by Judge Amy Berman Jackson on 05/07/2018. (lcabj3) (Entered: 05/07/2018)
2018-07-26		MINUTE ORDER. The parties must meet and confer and address in their upcoming August 1 joint status report whether a related case, 18-cv-1706, should be consolidated and whether the records requested in that case should be incorporated into the schedule for rolling production that was established in this case. Signed by Judge Amy Berman Jackson on 07/26/2018. (lcabj3) (Entered: 07/26/2018)
2018-08-01	13	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 08/01/2018)
2018-08-02		MINUTE ORDER. The parties must submit an updated joint status report by October 3, 2018. Signed by Judge Amy Berman Jackson on 08/2/2018. (lcabj3) (Entered: 08/02/2018)
2018-10-03	14	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 10/03/2018)
2018-10-05		MINUTE ORDER. Before the Court can determine whether a briefing schedule should be established at this time, defendant Fish and Wildlife Services ("FWS"), must by October 10, 2018, file a notice with the Court explaining the discrepancy between its statement in a prior status report 11 that "FWS has completed its searches, which resulted in approximately 5,500 pages of potentially responsive records," and its subsequent statement in a joint status report 14 that "FWS has processed a total of approximately 5,955 records," and it "estimates it has over 22,500 records remaining to review." As to defendant EPA, absent a narrowing of the FOIA request by agreement or court order, the scope of the search should be defined by the language of the request. Finally, the Court is aware of the pendency of the related case, 18-cv-1706, but it will take no steps to consolidate the cases formally at this time. Signed by Judge Amy Berman Jackson on 10/05/2018. (lcabj3) (Entered: 10/05/2018)
2018-10-10	15	RESPONSE to Order of the Court by U.S. FISH AND WILDLIFE SERVICE re Order,,,,, Set Deadlines,,,, (Sroka, Scott) Modified text on 10/16/2018 (ztd). (Entered: 10/10/2018)
2018-10-17		MINUTE ORDER. Defendant FWS and plaintiff must meet and confer and determine whether they can narrow or prioritize the search or ascertain more quickly how many of the remaining documents are duplicates, and submit a report to the Court by October 24, 2018 with a proposed schedule for completing the production. Defendant EPA must complete the processing of records and submit a status report by November 30, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/17/2018. (lcabj3) (Entered: 10/17/2018)
2018-10-24	16	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 10/24/2018)
2018-10-25		MINUTE ORDER. Defendant Fish and Wildlife Services must file an updated joint status report with defendant EPA on November 30, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/25/2018. (lcabj3) (Entered: 10/25/2018)
2018-11-30	17	STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Sroka, Scott) (Entered: 11/30/2018)
2018-11-30	18	RESPONSE re 17 Status Report filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 11/30/2018)
2018-12-04		MINUTE ORDER. In an October 3, 2018 Joint Status report, plaintiff complained that the EPA was not following the language of the FOIA request which sought "all records from April 1, 2017, through the date of the search," and that instead the agency was using the date the agency received the request as the search cut-off date. Joint Status Report [Dkt. # 14] at 2-3. On October 5, 2018, the Court issued a Minute Order telling EPA that "absent a narrowing of the FOIA request by agreement or court order, the scope of the search should be defined by the language of the request." Min. Order (Oct. 5, 2018). Nearly two months later, on November 30, 2018, EPA informed the Court that there still "appears to be some disagreement between the parties about the date of search used as the search's end date." Def.'s Status Report [Dkt. # 17] at 1. Plaintiff complains that "EPA has not complied with the Court's order to define the scope of the search as requested by the Center." Pl.'s Resp. to Def.'s Status Report [Dkt. # 18]. The Court reiterates that absent an agreement or Court order, the scope of a search should be defined by the request. Therefore, the relevant question in connection with this dispute is: what was the date of the search? Even that is hard to pinpoint based on this record. The EPA informed the Court on April 27, 2018, in its first status report and proposed schedule, that on August 11, 2017, EPA sent plaintiff a letter notifying plaintiff that it had conducted what it referred to as its "initial search" to fulfill plaintiff's request, resulting in 7,360 documents, and that it invited plaintiff to reformulate its request. Defs.' Status Report & Proposed Schedule [Dkt # 11] at 2. The EPA also reported that on December 7, 2017, plaintiff submitted an "amended" request which the agency processed along with the original request. Id. And in the report dated April 27, 2018, EPA stated that it had "completed" that combined search. Id. at 6. It did not indicate when that search took place, however. In light of these representations, the Court concludes that the end date of the search should not have been as early as June 27, 2017, the date the EPA received the first request, but that it should be no later than April 27, 2018. Therefore, the parties are ordered to meet and confer and inform the Court by December 10, 2018 whether they can agree upon a single date to be used for this purpose or if it is necessary for the Court to make its own determination. The Court will grant EPA's request for an extension of time to process the documents by December 21, 2018, notwithstanding plaintiff's objection to that extension. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/04/2018. (lcabj3) (Entered: 12/04/2018)
2018-12-10	19	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 12/10/2018)
2018-12-10		MINUTE ORDER. The parties must submit an updated joint status report by December 19, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/10/2018. (lcabj3) (Entered: 12/10/2018)
2018-12-19	20	Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 12/19/2018)
2019-01-04		MINUTE ORDER. In light of 20 the joint status report, it is ORDERED that EPA shall process 750 records and produce any responsive non-exempt records to plaintiff by January 31, 2019, that EPA shall complete its review and production of the remaining records by March 15, 2019, and that the parties shall file another joint status report by March 22, 2019. If the work contemplated by the schedule is not being carried out due to the lapse in government appropriations, defendants should inform the Court within two business days of the resumption of operations and propose a revised schedule at that time. Signed by Judge Amy Berman Jackson on 1/4/19. (DMK) (Entered: 01/04/2019)
2019-01-06		Set/Reset Deadlines: EPA shall process 750 records and produce any responsive non-exempt records to plaintiff by 1/31/2019, that EPA shall complete its review and production of the remaining records by 3/15/2019, and that the parties shall file another joint status report by 3/22/2019. (jth) (Entered: 01/06/2019)
2019-01-28	21	NOTICE of Restored Government Funding by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE re Order,, (Sroka, Scott) (Entered: 01/28/2019)
2019-01-28		MINUTE ORDER. In light of the government's lapse in appropriations, the Court will revise the agencies' production schedules as follows: EPA must complete processing the 750 records and produce non-exempt records to plaintiff by March 1, 2019; FWS must complete all processing and releases by May 31, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 01/28/2019. (lcabj3) (Entered: 01/28/2019)
2019-03-22	22	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 03/22/2019)
2019-03-26		MINUTE ORDER. The parties must file an updated status report by May 15, 2019 that should include a proposed schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 03/26/2019. (lcabj3) (Entered: 03/26/2019)
2019-05-15	23	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 05/15/2019)
2019-05-17		MINUTE ORDER. Defendants must file status reports on May 31, 2019 and June 17, 2019 stating whether they met their production deadlines. The parties must file a joint status report on July 15, 2019 advising the Court of the status of their efforts to meet and confer and possibly resolve any disputes over withholdings. SO ORDERED. Signed by Judge Amy Berman Jackson on 05/17/2019. (lcabj3) (Entered: 05/17/2019)
2019-05-31	24	STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Sroka, Scott) (Entered: 05/31/2019)
2019-06-03		MINUTE ORDER. The parties must file an updated joint status report by June 17, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/03/2019. (lcabj3) (Entered: 06/03/2019)
2019-06-04		Set/Reset Deadlines: Joint Status Report due by 6/17/2019. (tg) (Entered: 06/04/2019)
2019-06-17	25	STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Sroka, Scott) (Entered: 06/17/2019)
2019-06-17		MINUTE ORDER. The parties must file an updated joint status report by July 17, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/17/2019. (lcabj3) (Entered: 06/17/2019)
2019-07-17	26	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 07/17/2019)
2019-07-23		MINUTE ORDER. The parties must submit an updated joint status report by August 16, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 07/23/2019. (lcabj3) (Entered: 07/23/2019)
2019-08-16	27	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Scheduling Order)(Townsend, Margaret) (Entered: 08/16/2019)
2019-08-20		MINUTE ORDER. The parties must file an updated joint status report by September 16, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 08/20/2019. (lcabj3) (Entered: 08/20/2019)
2019-09-16	28	Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Sroka, Scott) (Entered: 09/16/2019)
2019-09-19		MINUTE ORDER. The parties must submit an updated joint status report by November 1, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/19/2019. (lcabj3) (Entered: 09/19/2019)
2019-10-31	29	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 10/31/2019)
2019-11-01		MINUTE ORDER. In light of the parties' 29 joint status report, the Court will defer setting a briefing schedule until document production has concluded. The parties shall submit another status report by December 2, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/1/2019. (lcabj3) (Entered: 11/01/2019)
2019-12-02	30	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Townsend, Margaret) (Entered: 12/02/2019)
2019-12-03		MINUTE ORDER. In light of the parties' 30 joint status report, the parties shall submit another status report by January 6, 2020. The report should include a proposed schedule for briefing the issues related to disputed withholdings that is structured in the following manner: an initial motion (ordinarily filed by the defendant); an opposition (and any cross-motion, to be supported by a single, combined memorandum of points and authorities); a reply (and any cross-opposition, if needed) and if needed, a cross-reply. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/3/2019. (lcabj3) (Entered: 12/03/2019)
2020-01-06	31	Joint STATUS REPORT and Briefing Schedule by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 01/06/2020)
2020-01-06		MINUTE ORDER. In light of the parties' 31 joint status report, the following briefing schedule will apply: 1) defendants' motion for summary judgment on records in dispute is due February 5, 2020; 2) plaintiff's cross-motion for summary judgment must be submitted by February 26, 2020; 3)defendants' combined reply in support of its motion and in response to plaintiff's cross-motion must be submitted by March 18, 2020; and 4) plaintiff's reply in support of its cross-motion must be filed by April 1, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/6/2020. (lcabj3) (Entered: 01/06/2020)
2020-01-07		Set/Reset Deadlines: Defendants' Motion for Summary Judgment is due by 2/5/2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by 2/26/2020; Defendants' Combined Reply in support of its Motion and in Response to Plaintiff's Cross-Motion is due by 3/18/2020; Plaintiff's Reply in support of its Cross-Motion is due by 4/12020. (jth) (Entered: 01/07/2020)
2020-02-05	32	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Sroka, Scott) (Entered: 02/05/2020)
2020-02-06		MINUTE ORDER granting 32 Motion for Extension of Time. In light of the parties' 32 motion, defendants' motion for summary judgment is due March 11, 2020; plaintiff's cross-motion / opposition is due April 8, 2020; defendants' reply / opposition is due April 22, 2020; and plaintiff's reply is due May 6, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/6/2020. (lcabj3) (Entered: 02/06/2020)
2020-02-07		Set/Reset Deadlines: Defendants' Motion for Summary Judgment is due by 3/11/2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment is due by 4/8/2020; Defendants' Combined Reply in support of its Motion and in Response to Plaintiff's Cross-Motion is due by 4/22/2020; Plaintiff's Reply in support of its Cross-Motion is due by 5/6/2020. (jth) (Entered: 02/07/2020)
2020-03-06	33	NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE Substituting for attorney Scott L. Sroka (Simon, Jeremy) (Entered: 03/06/2020)
2020-03-06	34	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/06/2020)
2020-03-09		MINUTE ORDER granting 34 Motion for Extension of Time. Defendants' motion for summary judgment must be filed by April 3, 2020; plaintiff's opposition and cross-motion for summary judgment must be filed by May 1, 2020; defendants' reply and cross-opposition must be filed by May 15, 2020; and plaintiff's reply must be filed by May 29, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/9/2020. (lcabj3) (Entered: 03/09/2020)
2020-03-09		Set/Reset Deadlines: Summary judgment motion due by 4/3/2020; cross-motion and opposition to summary judgment motion due by 5/1/2020; opposition to cross-motion and reply to opposition to summary judgment motion due by 5/15/2020; reply to opposition to cross-motion due by 5/29/2020. (tg) (Entered: 03/09/2020)
2020-04-01	35	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/01/2020)
2020-04-02		MINUTE ORDER granting 35 Motion for Extension of Time. Defendants' motion for summary judgment must be submitted by April 10, 2020; plaintiff's opposition and cross-motion must be submitted by May 8, 2020; defendants' reply and opposition to plaintiff's cross-motion must be submitted by May 22, 2020; and plaintiff's reply must be submitted by June 5, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/2/2020. (lcabj3) (Entered: 04/02/2020)
2020-04-10	36	MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Proposed Order, # 2 Declaration of Marietta Echeverria, # 3 Declaration of Karen Myers)(Simon, Jeremy) (Entered: 04/10/2020)
2020-05-06	37	Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Parent, Stephanie) (Entered: 05/06/2020)
2020-05-07		MINUTE ORDER granting 37 Motion for Extension of Time to File. Plaintiff's opposition and cross motion for summary judgment must be submitted by May 22, 2020. Defendants' reply and opposition to plaintiff's cross motion must be submitted by June 5, 2020. Plaintiff's reply must be submitted by June 19, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/7/2020. (lcabj3) (Entered: 05/07/2020)
2020-05-21	38	Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Parent, Stephanie) (Entered: 05/21/2020)
2020-05-21		MINUTE ORDER granting 38 Motion for Extension of Time. Plaintiff must file its opposition and cross-motion for summary judgment by May 29, 2020; defendants must file their reply and opposition to the cross-motion by June 12, 2020; and plaintiff must file its reply by June 26, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/21/2020. (lcabj3) Modified on 5/22/2020 to reflect the correct due dates of the submissions (jth). (Entered: 05/21/2020)
2020-05-27	39	Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Parent, Stephanie) (Entered: 05/27/2020)
2020-05-28		MINUTE ORDER granting 39 Consent Motion for Extension of Time to File. Plaintiff's opposition and cross motion for summary judgment must be submitted by June 12, 2020. Defendants' reply and opposition to plaintiff's cross motion must be submitted by June 26, 2020. Plaintiff's reply must be submitted by July 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/28/2020. (lcabj3) (Entered: 05/28/2020)
2020-06-11	40	Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Parent, Stephanie) (Entered: 06/11/2020)
2020-06-11		MINUTE ORDER granting 40 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition and cross motion must be filed by June 19, 2020; defendants' reply and opposition to plaintiff's cross motion must be submitted by July 16, 2020; and plaintiff's reply must be submitted by July 30, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/11/2020. (lcabj3) (Entered: 06/11/2020)
2020-06-18	41	MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Parent, Stephanie) (Entered: 06/18/2020)
2020-06-19		ORDER granting 41 Motion for Extension of Time to File Response/Reply. Plaintiff's opposition to defendants' motion for summary judgment and plaintiff's cross-motion are due July 6, 2020; defendants' reply and opposition to plaintiff's cross-motion are due on August 7, 2020; and plaintiff's reply is due on August 21, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/19/2020. (lcabj3) (Entered: 06/19/2020)
2020-07-06	42	Cross MOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Brett Hartl with Exhibits)(Parent, Stephanie) (Entered: 07/06/2020)
2020-07-06	43	Memorandum in opposition to re 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by CENTER FOR BIOLOGICAL DIVERSITY. (See Docket Entry 42 to view document). (znmw) (Entered: 07/15/2020)
2020-07-07		NOTICE OF ERROR re 42 Motion for Summary Judgment; emailed to sparent@biologicaldiversity.org, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the Opposition event (zjf, ) (Entered: 07/07/2020)
2020-07-20	44	ENTERED IN ERROR.....Memorandum in opposition to re 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum and in Support of Cross Motion for for Summary Judgment 42 filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) Modified to enter in error on 7/22/2020....docket entry 43 already filed. (znmw). (Entered: 07/20/2020)
2020-08-04	45	Consent MOTION for Extension of Time to File Opposition and Reply and for Adjustment of Remaining Deadlines in Briefing Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/04/2020)
2020-08-05		MINUTE ORDER granting 45 Consent Motion for Extension of Time. Defendants must file their opposition to plaintiff's cross-motion for summary judgment and reply in support of their motion for summary judgment by August 21, 2020, and plaintiff must file its reply in support of its cross-motion by September 11, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/5/2020. (lcabj3) (Entered: 08/05/2020)
2020-08-21	46	REPLY to opposition to motion re 36 MOTION for Summary Judgment , Local Rule 7(h) Statement and Supporting Memorandum filed by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Proposed Order, # 2 Declaration of Brian Anderson, # 3 Supplemental Declaration of Karen Myers)(Simon, Jeremy) (Entered: 08/21/2020)
2020-08-21	47	Memorandum in opposition to re 42 Cross MOTION for Summary Judgment (duplicate of docket entry 46) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Proposed Order, # 2 Declaration of Brian Anderson, # 3 Supplemental Declaration of Karen Myers)(Simon, Jeremy) (Entered: 08/21/2020)
2020-08-24	48	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Simon, Jeremy) (Entered: 08/24/2020)
2020-09-11	49	REPLY to opposition to motion re 42 Cross MOTION for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 09/11/2020)
2020-09-11	50	ENTERED IN ERROR.....REPLY to opposition to motion re 42 Cross MOTION for Summary Judgment Second Declaration of Brett Hartl in Support filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) Modified on 9/15/2020 (zjf). (Entered: 09/11/2020)
2020-09-12	51	SUPPLEMENT re 49 REPLY to opposition to motion re 42 Cross MOTION for Summary Judgment Second Declaration of Brett Hartl in Support with Exhibits filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) Modified on 9/15/2020 to add docket link and text (zjf). (Entered: 09/12/2020)
2020-09-14	52	Consent MOTION for Extension of Time to File Exhibits in Support of Plaintiff's Reply in Support of Cross-Motion for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Parent, Stephanie) (Entered: 09/14/2020)
2020-09-15		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 50 Reply to opposition to Motion was entered in error and refiled by counsel. (See Document No. 51 to view document) (zjf) (Entered: 09/15/2020)
2020-09-16		MINUTE ORDER granting 52 Consent Motion for Extension of Time. Plaintiff's 51 supplement to its reply is deemed timely filed. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/16/2020. (lcabj3) (Entered: 09/16/2020)
2021-03-05	53	NOTICE OF SUPPLEMENTAL AUTHORITY by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Simon, Jeremy) (Entered: 03/05/2021)
2021-03-08	54	RESPONSE re 53 NOTICE OF SUPPLEMENTAL AUTHORITY filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 03/08/2021)
2021-03-18	55	MOTION to Strike 54 Response to Document (Defendants' Motion to Strike Plaintiff's Response to Defendants' Notice of Supplemental Authority) by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/18/2021)
2021-03-22	56	ENTERED IN ERROR.....Memorandum in opposition to re 55 MOTION to Strike 54 Response to Document (Defendants' Motion to Strike Plaintiff's Response to Defendants' Notice of Supplemental Authority) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) Modified on 3/22/2021 (eg). (Entered: 03/22/2021)
2021-03-22	57	Memorandum in opposition to re 55 MOTION to Strike 54 Response to Document (Defendants' Motion to Strike Plaintiff's Response to Defendants' Notice of Supplemental Authority) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order Proposed Order)(Parent, Stephanie) (Entered: 03/22/2021)
2021-03-22		NOTICE OF CORRECTED DOCKET ENTRY: re 56 Memorandum in Opposition, was entered in error and counsel has refiled said pleading in Docket Entry 57 . (eg) (Entered: 03/22/2021)
2021-03-31	58	ORDER. For the reasons stated in the accompanying memorandum opinion, it is ORDERED that defendants' 36 Motion for Summary Judgment is GRANTED in part, and plaintiff's 42 Cross Motion for Summary Judgment is DENIED with respect to all issues related to whether the records were properly withheld. The Court enters judgment for defendants with respect to all issues except whether defendant EPA justified its failure to identify any segregable material in two records. The sole remaining segregability question remains under advisement pending further action by the EPA; the agency must produce redacted versions disclosing purely factual information, or other materials that can be segregated, by April 30, 2021, or submit a more detailed explanation as to why that would be impossible. It is FURTHER ORDERED that defendants' 55 Motion to Strike is DENIED. Signed by Judge Amy Berman Jackson on 3/31/21. (lcabj2) (Entered: 03/31/2021)
2021-03-31	59	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/31/21. (lcabj2) (Entered: 03/31/2021)
2021-04-27	60	Consent MOTION for Extension of Time to Comply With March 31, 2021 Order by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/27/2021)
2021-04-27		MINUTE ORDER granting defendant's 60 motion for extension of time. It is ORDERED that defendant EPA's response to the Court's 58 Order is due by June 3, 2021. Signed by Judge Amy Berman Jackson on 4/27/21. (lcabj2) (Entered: 04/27/2021)
2021-06-03	61	NOTICE of Filing Pursuant to Court's Order Dated April 27, 2021 by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration of Brian Anderson)(Simon, Jeremy) (Entered: 06/03/2021)
2021-06-07		MINUTE ORDER. In light of defendant EPA's 61 Notice, it is ordered that the parties must meet and confer and either inform the Court as to whether they agree that there are no outstanding issues that need to be resolved by the Court and the case may be closed, or if not, propose a briefing schedule by June 21, 2021. Signed by Judge Amy Berman Jackson on 6/7/21. (lcabj2) (Entered: 06/07/2021)
2021-06-21	62	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 06/21/2021)
2021-06-21		MINUTE ORDER. In light of the parties' 62 joint status report, it is ORDERED that the parties must submit another status report by August 26, 2021. Signed by Judge Amy Berman Jackson on 6/21/21. (lcabj2) (Entered: 06/21/2021)
2021-08-26	63	Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 08/26/2021)
2021-08-30		MINUTE ORDER. In light of the parties' 63 joint status report, it is ORDERED that the parties must submit another status report by October 6, 2021. Signed by Judge Amy Berman Jackson on 8/30/21. (lcabj2) (Entered: 08/30/2021)
2021-10-06	64	Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 10/06/2021)
2021-10-06		MINUTE ORDER. In light of the parties' 64 joint status report, it is ORDERED that the parties must submit another status report by December 3, 2021. Signed by Judge Amy Berman Jackson on 10/6/21. (lcabj2) (Entered: 10/06/2021)
2021-12-02	65	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 12/02/2021)
2021-12-03		MINUTE ORDER. In light of the parties' 65 joint status report, it is ORDERED that the parties must submit another status report by January 31, 2022. Signed by Judge Amy Berman Jackson on 12/03/2021. (lcabj2) (Entered: 12/03/2021)
2022-01-31	66	Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 01/31/2022)
2022-01-31		MINUTE ORDER. In light of the parties' 66 joint status report, it is ORDERED that the parties must submit another status report by March 30, 2022. Signed by Judge Amy Berman Jackson on 01/31/2022. (lcabj2) (Entered: 01/31/2022)
2022-03-26	67	Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Parent, Stephanie) (Entered: 03/26/2022)
2022-03-31		MINUTE ORDER. In light of the parties' 67 joint status report, it is ORDERED that the parties must submit another status report by April 29, 2022. Signed by Judge Amy Berman Jackson on 03/31/2022. (lcabj2) (Entered: 03/31/2022)
2022-04-29	68	Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Simon, Jeremy) (Entered: 04/29/2022)
2022-04-29		MINUTE ORDER. In light of the 68 joint status report, it is ORDERED that the following schedule for the briefing of plaintiff's application for attorneys' fees and costs applies: plaintiff's motion is due by June 15, 2022; defendants' opposition is due by July 19, 2022; and plaintiff's reply is due by August 10, 2022. Signed by Judge Amy Berman Jackson on 04/29/2022. (lcabj2) (Entered: 04/29/2022)
2022-05-27	69	NOTICE of Acceptance with Offer of Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Parent, Stephanie) (Entered: 05/27/2022)
2022-06-03	70	JUDGMENT ON OFFER AND ACCEPTANCE for Recovery of Attorneys' Fees and Costs incurred in this case. Fees awarded to Plaintiff against Defendants. Signed by Judge Amy Berman Jackson on 6/3/2022. (jth) (Entered: 06/03/2022)
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