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Case TitleCenter for Biological Diversity v. Environmental Protection Agency
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2018cv00276
Date Filed2018-06-01
Date Closed2021-02-18
JudgeJudge James A Soto
PlaintiffCenter for Biological Diversity
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the EPA for records concerning EPA employee Mandy Grunasekara's work and travel activities. The Center for Biological Diversity also requested a fee waiver. The agency acknowledged receipt of the request and granted the Center's request for a fee waiver. After hearing nothing further from the agency, the Center for Biological Diversity filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantEnvironmental Protection Agency named as U.S. Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-011COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15564097 filed by Center for Biological Diversity. (Carreno, Alexa) (Attachments: # 1 Civil Cover Sheet)(KAH) (Entered: 06/01/2018)
2018-06-012SUMMONS Submitted by Center for Biological Diversity. (Carreno, Alexa) (Attachments: # 1 Summons, # 2 Summons)(KAH) (Entered: 06/01/2018)
2018-06-013Filing fee paid, receipt number 0970-15564097. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-18-00276-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KAH) (Entered: 06/01/2018)
2018-06-014Summons Issued as to Environmental Protection Agency, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons) (KAH) (Entered: 06/01/2018)
2018-06-015ORDER: Plaintiffs shall serve a copy of this Order on Defendants at the same time they serve the Summons and Complaint; if these have already been served on Defendants prior to Plaintiffs receiving this Order, Plaintiffs shall serve this Order on Defendants within 14 days of the filing date of this Order. Within 7 days of serving this Order on Defendants, Plaintiffs shallfile a notice with the Court indicating when Defendant was served with this Order. (see PDF attached for complete details) Signed by Judge James A Soto on 6/1/2018. (SIB) (Entered: 06/01/2018)
2018-06-04Remark: Pro hac vice motions granted for Alexa Carreno and Jeremy Mckay on behalf of the plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 06/04/2018)
2018-06-136Corporate Disclosure Statement by Center for Biological Diversity. (Carreno, Alexa) (Entered: 06/13/2018)
2018-06-137SERVICE EXECUTED filed by Center for Biological Diversity: Affidavit of Service re: Complaint and Summons upon U.S. Attorney General Jeff Sessions, U.S. Attorney's Office in Tucson, U.S. Environmental Protection Agency on June 11, 2018. (Attachments: # 1 Mail Receipts)(Mckay, Jeremy) (Entered: 06/13/2018)
2018-06-138NOTICE re: of Compliance by Center for Biological Diversity with June 1, 2018 Court Order . (Mckay, Jeremy) (Entered: 06/13/2018)
2018-08-039MOTION for Extension of Time to File Answer by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 08/03/2018)
2018-08-1310ANSWER to 1 Complaint by Environmental Protection Agency.(Foss, Katherine) (Entered: 08/13/2018)
2018-08-1711ORDER granting 9 MOTION for Extension of Time. This order requires the parties to file a Rule 16 joint report by 10/1/18. The parties shall appear for a case management conference at 10:30 a.m. in Courtroom 6A on 10/5/18. The parties are jointly responsible for initiating the communication necessary to prepare this joint report. Signed by Judge James A Soto on 8/16/2018. (See attached Order for details)(KEP) (Entered: 08/17/2018)
2018-09-3012First MOTION for Leave to Appear Telephonic Attendance of Counsel Carreno and McKay by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order Proposed Order)(Carreno, Alexa) (Entered: 09/30/2018)
2018-10-0113Additional Attachments to Main Document re: 12 First MOTION for Leave to Appear Telephonic Attendance of Counsel Carreno and McKay Amended Proposed Order by Plaintiff Center for Biological Diversity. (Carreno, Alexa) (Entered: 10/01/2018)
2018-10-0114*STATUS REPORT (JOINT) by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Mckay, Jeremy) *Modified to reflect that the PDF was filed without case number 10/2/2018 (SIB). (Entered: 10/01/2018)
2018-10-0215ORDER: The case management conference scheduled for 10/5/18 at 10:30 a.m. is vacated. Plaintiffs motion to appear telephonically (Doc. 12) at the conference is denied as moot. The parties shall file another joint status report on or before October 31, 2018, updating the Court on the status of their discussions and proposing a schedule for further proceedings.. Signed by Judge James A Soto on 10/2/18.(JAS, kr) (Entered: 10/02/2018)
2018-10-3116STATUS REPORT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Carreno, Alexa) (Entered: 10/31/2018)
2018-11-0217ORDER that the parties shall file another joint status report on or before November 15, 2018, updating the Court on the status of their discussions and proposing a schedule for further proceedings. Signed by Judge James A Soto on 10/31/2018. (SIB) (Entered: 11/02/2018)
2018-11-1518STATUS REPORT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Mckay, Jeremy) (Entered: 11/15/2018)
2018-11-1519ORDER that the parties shall file another joint status report on or before November 30, 2018, updating the Court on the status of their discussions and proposing a schedule for further proceedings. Signed by Judge James A Soto on 11/15/2018. (SIB) (Entered: 11/15/2018)
2018-11-3020STATUS REPORT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Mckay, Jeremy) (Entered: 11/30/2018)
2018-12-0321ORDER that the parties shall file another joint status report on or before December 21, 2018, updating the Court on the status of their discussions and proposing a schedule for further proceedings. Signed by Judge James A Soto on 12/3/2018. (SIB) (Entered: 12/03/2018)
2018-12-1122NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Jeremy Devin Mckay. (Mckay, Jeremy) (Entered: 12/11/2018)
2018-12-2123STATUS REPORT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Mckay, Jeremy) (Entered: 12/21/2018)
2018-12-2624MOTION to Stay Motion for Stay of Case Due to Federal Government Shutdown by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 12/26/2018)
2018-12-2625ORDER granting 24 Motion to Stay. Case is STAYED pending the filing of a Notice of Resumed Government Activity by the United States. Counsel for the United States shall file a Notice of Resumed Government Activity within five (5) business days of the U.S. Department of Justice being funded and counsel returning to work. Signed by Judge James A Soto on 12/26/2018. (see Order for complete details) (SIB) (Entered: 12/26/2018)
2019-02-0426NOTICE re: Resumed Government Activity by Environmental Protection Agency . (Foss, Katherine) (Entered: 02/04/2019)
2019-02-1227STIPULATION / Joint Proposed Schedule by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 02/12/2019)
2019-02-2028ORDER Defendant will produce non-exempt responsive records to Plaintiff on or before the 15th of each month, beginning on March 15, 2019. IT IS FURTHER ORDERED that the parties file joint status reports every other month on the 22nd day, starting March 22, 2019. Signed by Judge James A Soto on 2/19/2019. (See attached Order for complete information)(DLC) (Entered: 02/20/2019)
2019-03-2229STATUS REPORT JOINT by Center for Biological Diversity. (Mckay, Jeremy) (Entered: 03/22/2019)
2019-05-2230STATUS REPORT JOINT STATUS REPORT by Center for Biological Diversity. (Carreno, Alexa) (Entered: 05/22/2019)
2019-07-2231STATUS REPORT JOINT by Center for Biological Diversity. (Mckay, Jeremy) (Entered: 07/22/2019)
2019-09-2332STATUS REPORT JOINT by Center for Biological Diversity. (Carreno, Alexa) (Entered: 09/23/2019)
2019-11-2233STATUS REPORT JOINT by Center for Biological Diversity. (Carreno, Alexa) (Entered: 11/22/2019)
2020-01-2234STATUS REPORT (Joint) by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 01/22/2020)
2020-02-0435ORDER the parties shall proceed in the manner outlined in the aforementioned status report for production of documents on or before March 16, 2020 and file another joint status report on or before March 23, 2020. Signed by Judge James A Soto on 2/3/2020. (DLC) (Entered: 02/04/2020)
2020-03-2336STATUS REPORT Joint Status Report by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 03/23/2020)
2020-03-2737ORDER: Upon consideration of the parties' joint status report dated March 23, 2020, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report for production of documents on or before May 15, 2020, and file another joint status report on or before May 22, 2020. Signed by Judge James A Soto on 3/27/2020. (DLC) (Entered: 03/27/2020)
2020-05-2238STATUS REPORT JOINT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order Proposed Order)(Carreno, Alexa) (Entered: 05/22/2020)
2020-05-2239ORDER Upon consideration of the parties' joint status report dated May 22, 2020, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report for production of documents on or before June 1, 2020, and file another joint status report on or before June 22, 2020. Signed by Judge James A Soto on 5/22/2020. (DLC) (Entered: 05/22/2020)
2020-06-2240STATUS REPORT JOINT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order)(Carreno, Alexa) (Entered: 06/22/2020)
2020-06-2541ORDER the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before August 12, 2020. Signed by Judge James A Soto on 6/25/2020. (DLC) (Entered: 06/25/2020)
2020-08-1242STATUS REPORT (Joint) by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 08/12/2020)
2020-08-1443ORDER Upon consideration of the parties joint status report dated August 12, 2020, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before October 14, 2020. Signed by Judge James A Soto on 8/14/2020. (DLC) (Entered: 08/14/2020)
2020-10-1444STATUS REPORT (Joint) by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Foss, Katherine) (Entered: 10/14/2020)
2020-10-2345ORDER Upon consideration of the parties' joint status report dated October 14, 2020, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before November 16, 2020. Signed by Judge James A Soto on 10/23/2020. (DLC) (Entered: 10/23/2020)
2020-10-3046NOTICE OF ATTORNEY SUBSTITUTION: Dennis C. Bastron appearing for Environmental Protection Agency. Attorney Katherine V Foss terminated. . (Bastron, Dennis) (Entered: 10/30/2020)
2020-11-1647STATUS REPORT by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Bastron, Dennis) (Entered: 11/16/2020)
2020-11-1748ORDER the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before December 18, 2020. Signed by Judge James A Soto on 11/17/2020. (DLC) (Entered: 11/17/2020)
2020-12-1849STATUS REPORT by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Bastron, Dennis) (Entered: 12/18/2020)
2020-12-2150ORDER Upon consideration of the parties' joint status report dated December 18, 2020, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before January 15, 2021. Signed by Judge James A Soto on 12/21/2020. (DLC) (Entered: 12/21/2020)
2021-01-1551STATUS REPORT JOINT by Center for Biological Diversity. (Attachments: # 1 Text of Proposed Order Proposed Order)(Carreno, Alexa) (Entered: 01/15/2021)
2021-01-2052ORDER Upon consideration of the parties' joint status report dated January 15, 2021, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before February 1, 2021. Signed by Judge James A Soto on 1/20/2021. (DLC) (Entered: 01/20/2021)
2021-02-0153STATUS REPORT Joint Status Report by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Bastron, Dennis) (Entered: 02/01/2021)
2021-02-0354ORDER Upon consideration of the parties' joint status report dated February 1, 2021, IT IS ORDERED that the parties shall proceed in the manner outlined in the aforementioned status report and shall file another joint status report on or before February 15, 2021. Signed by Judge James A Soto on 2/3/2021. (DLC) (Entered: 02/03/2021)
2021-02-1655STIPULATION of Dismissal Stipulation of Settlement and Dismissal by Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order)(Bastron, Dennis) (Entered: 02/16/2021)
2021-02-1856ORDER the parties' Stipulation of Settlement and Dismissal (Doc. 55 ) is GRANTED. The case is dismissed with prejudice. Signed by Judge James A Soto on 2/18/2021. (DLC) (Entered: 02/18/2021)
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