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Case TitleFarmworker Justice et al v. U.S. Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv02293
Date Filed2018-04-17
Date Closed2019-08-14
JudgeMagistrate Judge Sallie Kim
PlaintiffFarmworker Justice
PlaintiffEarthjustice
Case DescriptionEarthjustice submitted a FOIA request to the EPA on behalf of Farmworker Justice for records concerning a November 2017 meeting of EPA's Pesticide Program Dialogue Committee and any communications and meetings with state departments of agriculture and members of the agriculture and pesticide industries. Eathjustice requested a fee waiver. The agency told Earthjustice that its request would not incur fees. After hearing nothing further from the agency, Farmworker Justice and Earthjustice filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-171COMPLAINT for declaratory and injunctive relief (Freedom of Information Act Case) against U.S. Environmental Protection Agency, (Filing Fee: $400.00, receipt number 0971-12277856). Filed by Earthjustice & Farmworker Justice. (Attachments: #(1) Civil Cover Sheet)(Andiman, Alexis) (Filed on 4/17/2018) Modified on 4/18/2018 (tnS). (Entered: 04/17/2018)
2018-04-172Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/1/2018. (bwS, COURT STAFF) (Filed on 4/17/2018) (Entered: 04/17/2018)
2018-04-173Proposed Summons. (Andiman, Alexis) (Filed on 4/17/2018) (Entered: 04/17/2018)
2018-04-174Certification of Interested Entities or Persons and Disclosure Statement filed by Earthjustice & Farmworker Justice (Andiman, Alexis) (Filed on 4/17/2018) (Entered: 04/17/2018)
2018-04-185Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 7/23/2018. Initial Case Management Conference set for 7/30/2018 at 1:30 PM in San Francisco, Courtroom A, 15th Floor. (tnS) (Filed on 4/18/2018) (Entered: 04/18/2018)
2018-04-186Summons Issued as to Defendant U.S. Environmental Protection Agency. (tnS) (Filed on 4/18/2018) (Entered: 04/18/2018)
2018-04-197MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12285209) filed by Earthjustice, Farmworker Justice. (Attachments: # 1 Affidavit Affidavit of Oath, # 2 Exhibit Certificate of Good Standing, # 3 Certificate/Proof of Service)(Apfel, Carrie) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-198MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-12285376) filed by Earthjustice, Farmworker Justice. (Attachments: # 1 Affidavit Affidavit of Oath, # 2 Exhibit Certificate of Good Standing, # 3 Certificate/Proof of Service)(Lehner, Peter) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-239MOTION for Summary Judgment filed by Earthjustice, Farmworker Justice. Motion Hearing set for 6/11/2018 09:30 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 5/7/2018. Replies due by 5/14/2018. (Attachments: # 1 Exhibit Ex. 1 - Plaintiffs' FOIA Request, # 2 Exhibit Ex. 2 - PPDC Transcript, # 3 Exhibit Ex. 3 - Bertrand Letter, # 4 Exhibit Ex. 4 - PPDC NGO Letter to EPA, # 5 Exhibit Ex. 5 - FOIA Confirmation Email, # 6 Exhibit Ex. 6 - Fee Waiver Determination, # 7 Declaration Ex. 7 - Smith Decl., # 8 Declaration Ex. 8 - Ruiz Decl., # 9 Exhibit Ex. 9 - FOIAOnline Screenshot, # 10 Exhibit Ex. 10 - Bertrand Letter to Eve Gartner, Earthjustice, # 11 Proposed Order Proposed Order)(Andiman, Alexis) (Filed on 4/23/2018) (Entered: 04/23/2018)
2018-04-2310CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Earthjustice, Farmworker Justice.. (Andiman, Alexis) (Filed on 4/23/2018) (Entered: 04/23/2018)
2018-04-2411Order by Magistrate Judge Sallie Kim granting 7 Motion for Pro Hac Vice. Attorney Carrie Apfel representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 4/24/2018) (Entered: 04/24/2018)
2018-04-2412Order by Magistrate Judge Sallie Kim granting 8 Motion for Pro Hac Vice. Attorney Peter Lehner representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 4/24/2018) (Entered: 04/24/2018)
2018-04-2713CERTIFICATE OF SERVICE filed by Earthjustice, Farmworker Justice (Andiman, Alexis) (Filed on 4/27/2018) (Entered: 04/27/2018)
2018-05-0214CLERK'S NOTICE Changing Time of Motion Hearing: Notice is given that the Motion Hearing Re: 9 MOTION for Summary Judgment set for 6/11/2018 will be held at 11:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Sallie Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) , Set/Reset Deadlines as to. (mklS, COURT STAFF) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-0415STIPULATION WITH [PROPOSED] ORDER to Enlarge Time to Respond to Motion for Summary Judgment filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 5/4/2018) (Entered: 05/04/2018)
2018-05-0416ORDER by Magistrate Judge Sallie Kim granting 15 Stipulation to Enlarge Time to Respond to Motion for Summary Judgment. (mklS, COURT STAFF) (Filed on 5/4/2018) (Entered: 05/04/2018)
2018-05-04Set/Reset Deadlines as to 9 MOTION for Summary Judgment . Responses due by 5/21/2018. Replies due by 5/29/2018. (mklS, COURT STAFF) (Filed on 5/4/2018) (Entered: 05/04/2018)
2018-05-0417CLERK'S NOTICE Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge by 5/11/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 5/4/2018) (Entered: 05/04/2018)
2018-05-0818CONSENT/DECLINATION to Proceed Before a United States Magistrate Judge filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 5/8/2018) (Entered: 05/08/2018)
2018-05-1619STIPULATION AND [PROPOSED] ORDER to Further Enlarge Time to Respond to Motion for Summary Judgment filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 5/16/2018) (Entered: 05/16/2018)
2018-05-1720ORDER AS MODIFIED by Magistrate Judge Sallie Kim granting 19 Stipulation to Further Enlarge Time to Respond to Motion for Summary Judgment. (mklS, COURT STAFF) (Filed on 5/17/2018) (Entered: 05/17/2018)
2018-05-17Set/Reset Deadlines as to 9 MOTION for Summary Judgment . Responses due by 6/4/2018. Replies due by 6/11/2018. Motion Hearing reset for 6/25/2018 11:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Sallie Kim. (mklS, COURT STAFF) (Filed on 5/17/2018) (Entered: 05/17/2018)
2018-05-2321ANSWER to Complaint byU.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 5/23/2018) (Entered: 05/23/2018)
2018-06-0822STIPULATION and [Proposed] Order Re Plaintiffs' Withdrawal of Motion for Summary Judgment and Case Management Conference filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 6/8/2018) (Entered: 06/08/2018)
2018-06-1123ORDER AS MODIFIED REGARDING PLAINTIFF'S WITHDRAWAL OF MOTION FOR SUMMARY JUDGMENT AND CASE MANAGEMENT CONFERENCE. Status Report due by 9/14/2018. Initial Case Management Conference reset for 10/1/2018 01:30 PM in San Francisco, Courtroom A, 15th Floor. Signed by Magistrate Judge Sallie Kim on 6/11/2018. (mklS, COURT STAFF) (Filed on 6/11/2018) (Entered: 06/11/2018)
2018-09-1224Joint Status Report and Request to Continue Case Management Conference and [Proposed] Order filed by U.S. Environmental Protection Agency. (Attachments: # 1 Declaration of Julie C. Reagin in Support of Joint Status Report and Request to Continue Case Management Conference)(Reagin, Julie) (Filed on 9/12/2018) (Entered: 09/12/2018)
2018-09-1225ORDER re 24 Status Report and Request to Continue Case Management Conference. Status Report due by 12/14/2018. Signed by Magistrate Judge Sallie Kim on 9/12/2018. (mklS, COURT STAFF) (Filed on 9/12/2018) (Entered: 09/12/2018)
2018-12-1226Joint Status Report & Request to Continue Case Management Conference & [Proposed] Order filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 12/12/2018) (Entered: 12/12/2018)
2018-12-1427ORDER re 26 Status Report and Request to Continue Case Management Conference. Status Report due by 3/15/2019. Signed by Magistrate Judge Sallie Kim on 12/14/2018. (mklS, COURT STAFF) (Filed on 12/14/2018) (Entered: 12/14/2018)
2019-03-1428Joint Status Report & Request to Continue Case Management Conference and [Proposed] Order filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 3/14/2019) (Entered: 03/14/2019)
2019-03-1429ORDER AS MODIFIED re 28 Status Report and Request to Continue Case Management Conference. Status Report due by 6/14/2019. Initial Case Management Conference continued to 6/24/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. Signed by Magistrate Judge Sallie Kim on 3/14/2019. (mklS, COURT STAFF) (Filed on 3/14/2019) (Entered: 03/14/2019)
2019-06-0430ADR Clerk's Notice re: Non-Compliance with Court Order. (cmfS, COURT STAFF) (Filed on 6/4/2019) (Entered: 06/04/2019)
2019-06-0531ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Apfel, Carrie) (Filed on 6/5/2019) (Entered: 06/05/2019)
2019-06-0532ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Reagin, Julie) (Filed on 6/5/2019) (Entered: 06/05/2019)
2019-06-0533STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 6/5/2019) (Entered: 06/05/2019)
2019-06-0634ORDER by Magistrate Judge Sallie Kim granting 33 Stipulation to Continue Case Management Conference. Case Management Statement due by 7/19/2019. Initial Case Management Conference reset for 7/29/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 6/6/2019) (Entered: 06/06/2019)
2019-06-2635MOTION to Withdraw as Attorney filed by Earthjustice, Farmworker Justice. Responses due by 7/10/2019. Replies due by 7/17/2019. (Andiman, Alexis) (Filed on 6/26/2019) Modified on 6/28/2019 (tnS, COURT STAFF). (Entered: 06/26/2019)
2019-07-0236[Proposed] Order re 35 Motion to Allow Virginia Ruiz to Withdraw as Counsel filed by Earthjustice, Farmworker Justice. (Apfel, Carrie) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-07-0237ORDER re 35 MOTION to Withdraw as Attorney filed. Signed by Magistrate Judge Sallie Kim on 7/2/2019. (mklS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-07-1538STIPULATION AND [PROPOSED] ORDER to Continue Case Management Conference filed by U.S. Environmental Protection Agency. (Reagin, Julie) (Filed on 7/15/2019) (Entered: 07/15/2019)
2019-07-1539ORDER by Magistrate Judge Sallie Kim granting 38 Stipulation to Continue Case Management Conference. Case Management Statement due by 8/16/2019. Initial Case Management Conference reset for 8/26/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 7/15/2019) (Entered: 07/15/2019)
2019-08-0940NOTICE of Substitution of Counsel by Emmet P. Ong (Ong, Emmet) (Filed on 8/9/2019) (Entered: 08/09/2019)
2019-08-1441STIPULATION Stipulation of Dismissal With Prejudice filed by U.S. Environmental Protection Agency. (Ong, Emmet) (Filed on 8/14/2019) (Entered: 08/14/2019)
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by FOIA Project Staff
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