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Case TitlePUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01720
Date Filed2018-07-24
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffPUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY
Case DescriptionPublic Employees for Environmental Responsibility submitted a FOIA request to the U.S. Chemical Safety and Hazard Investigation Board for records concerning a survey distributed to CSB personnel pertaining to the agency's internal communications and management. The agency acknowledged receipt of the request, found no records responsive to portions of PEER's request, and withheld some records responsive to another sub-part of PEER's request under Exemption 5 (privileges). PEER filed an administrative appeal, but after hearing nothing further from the agency, PEER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-07-241COMPLAINT against U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD ( Filing fee $ 400 receipt number 0090-5601798) filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons CSB, # 4 Summons USAO)(Dinerstein, Paula) (Entered: 07/24/2018)
2018-07-242Corporate Disclosure Statement by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 07/24/2018)
2018-07-24Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 07/24/2018)
2018-07-253SUMMONS (3) Issued Electronically as to U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Notice and Consent)(zsb) (Entered: 07/25/2018)
2018-08-214Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/21/2018)
2018-08-22MINUTE ORDER granting Defendant's 4 Unopposed Motion for Enlargement of Time. Defendant's answer shall now be due on or before September 28, 2018. Signed by Judge Amit P. Mehta on 8/22/2018. (lcapm2) (Entered: 08/22/2018)
2018-08-23Set/Reset Deadlines: Defendant's answer to Complaint due by 9/28/2018. (hmc) (Entered: 08/23/2018)
2018-08-285AMENDED COMPLAINT against U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD filed by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Attachments: # 1 Exhibit Ex A - Appeal Decision, # 2 Exhibit Ex B - email from CSB, # 3 Exhibit Ex C - House Comm Letter to CSB)(Dinerstein, Paula) (Entered: 08/28/2018)
2018-09-276Unopposed MOTION for Extension of Time to File Answer re 5 Amended Complaint, by U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 09/27/2018)
2018-09-28MINUTE ORDER granting Defendant's 6 Unopposed Motion for Extension of Time to File Answer. Defendant's Opposition shall now be due on or before October 9, 2018. Signed by Judge Amit P. Mehta on 09/28/2018. (lcapm2) (Entered: 09/28/2018)
2018-09-28Set/Reset Deadlines: Defendant's Responsive Pleading due by 10/9/2018. (zjd) (Entered: 10/01/2018)
2018-10-097ANSWER to 5 Amended Complaint, by U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD.(Nebeker, William) (Entered: 10/09/2018)
2018-10-108ORDER. 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 October 24, 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. Please see the attached Order for details. Signed by Judge Amit P. Mehta on 10/10/2018. (lcapm2) (Entered: 10/10/2018)
2018-10-10Set/Reset Deadlines: Joint Status Report due by 10/24/2018. (zjd) (Entered: 10/11/2018)
2018-10-249Joint STATUS REPORT and Proposed Schedule by PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY. (Dinerstein, Paula) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER. Per the parties' 9 Joint Status Report, Defendant shall produce a Vaughn Index to Plaintiff no later than November 29, 2018, and the parties shall file an additional Joint Status Report no later than December 13, 2018, in which the parties advise whether summary judgment briefing will be required and, if so, propose a briefing schedule. Signed by Judge Amit P. Mehta on 10/25/2018. (lcapm2) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Vaughn Index to be produced to Plaintiff by 11/29/2018. Joint Status Report due by 12/13/2018. (zjd) (Entered: 10/25/2018)
2018-12-1410Joint STATUS REPORT by U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD. (Nebeker, William) (Entered: 12/14/2018)
2018-12-17MINUTE ORDER. The parties shall file an additional Joint Status Report no later than January 28, 2019, updating the court on their efforts to resolve this matter. If the parties reach an impasse, they shall propose a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 12/17/2018. (lcapm2) (Entered: 12/17/2018)
2018-12-17Set/Reset Deadlines: Joint Status Report due by 1/28/2019. (zjd) (Entered: 12/17/2018)
2019-01-2811STIPULATION of Dismissal And Settlement by U.S. CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD. (Nebeker, William) (Entered: 01/28/2019)
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