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Case TitleMcKeever v. U.S. Department of Justice et al
DistrictDistrict of Alaska
CityAnchorage
Case Number3:2018cv00192
Date Filed2018-08-20
Date Closed2019-05-06
JudgeSharon L. Gleason
PlaintiffTimothy A. McKeever
Case DescriptionTimothy McKeever, an attorney, submitted a FOIA request to the EPA for records produced to the EPA and the Department of Justice by Pebble Limited Partnership. The agency acknowledged receipt of the request and asked McKeever to narrow the scope of his request. He did so. The agency located 6,500 potentially responsive pages. It withheld 2,000 records under Exemption 4 (confidential business information) and released the rest. DOJ denied access to 4,271 records referred by the EPA under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). McKeever filed an administrative appeal of the DOJ denial to the Office of Information Policy, which remanded the request back to the Civil Division for further processing. This time, the Civil Division withheld 3,600 records. McKeever filed another administrative appeal and OIP found that the records referred by EPA were not responsive to McKeever's request. McKeever filed another administrative appeal, but after hearing nothing further from the agency, McKeever filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Justice
DefendantEnviornmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-211COMPLAINT For Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 097--2566342.), filed by Timothy A. McKeever. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Stone, Stacey) (Entered: 08/21/2018)
2018-08-212Civil Cover Sheet. (Stone, Stacey) (Entered: 08/21/2018)
2018-08-213Unissued summons re Defendant U.S. Department of Justice, (Attachments: # 1 Unissued Summons re Defendant Enviornmental Protection Agency)(DCH, COURT STAFF) (Entered: 08/21/2018)
2018-08-21Summons Issued as to Enviornmental Protection Agency, U.S. Department of Justice. (DCH, COURT STAFF) (Entered: 08/21/2018)
2018-08-234Unissued summons re Defendant U.S. Attorney, (Attachments: # 1 Unissued Summons re Defendant U.S. Attorney General)(PXS, COURT STAFF) (Entered: 08/23/2018)
2018-08-23Summons Issued as to U.S. Attorney and U.S. Attorney General (PXS, COURT STAFF) (Entered: 08/23/2018)
2018-09-245First MOTION for Extension of Time to File Answer re 1 Complaint, by Enviornmental Protection Agency, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Pomeroy, Richard) (Entered: 09/24/2018)
2018-09-286Response to Motion- NON OPPOSITION re 5 First MOTION for Extension of Time to File Answer re 1 Complaint, filed by Timothy A. McKeever. (Stone, Stacey) Modified on 10/1/2018 to correct event. (BJK, COURT STAFF). (Entered: 09/28/2018)
2018-10-017ORDER : granting 5 Motion for Extension of Time to Answer re 5 First MOTION for Extension of Time to File Answer re 1 Complaint is GRANTED. Enviornmental Protection Agency answer due 10/8/2018; U.S. Department of Justice answer due 10/8/2018. Signed by Judge Sharon L. Gleason on 10/01/2018. (CME, COURT STAFF) (Entered: 10/01/2018)
2018-10-018NOTICE of Appearance by Dustin Michael Glazier on behalf of Enviornmental Protection Agency, U.S. Department of Justice (Glazier, Dustin) (Entered: 10/01/2018)
2018-10-099ANSWER to 1 Complaint, by Enviornmental Protection Agency.(Glazier, Dustin) (Entered: 10/09/2018)
2018-10-0910ANSWER to 1 Complaint, by U.S. Department of Justice.(Glazier, Dustin) (Entered: 10/09/2018)
2018-10-1511ORDER RE PROPOSED SCHEDULING REPORT: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 21 days of service of this order. Signed by Judge Sharon L. Gleason on 10/15/2018. (CME, COURT STAFF) (Entered: 10/15/2018)
2018-11-1312Joint MOTION for Extension of Time to File Joint Proposed Briefing Schedule by Enviornmental Protection Agency, U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Glazier, Dustin) (Entered: 11/13/2018)
2018-11-1413SLG TEXT ORDER: The Joint Motion for Extension of Time to File Joint Proposed Briefing Schedule, at docket 12 , is hereby GRANTED. Joint Briefing Schedule is due November 27, 2018. (JLH, COURT STAFF) (Entered: 11/14/2018)
2018-11-2714REPORT of Rule 26(f) Planning Meeting. (Glazier, Dustin) (Entered: 11/27/2018)
2018-12-1015SCHEDULING AND PLANNING ORDER : Vaughn index due 01/18/2019. Government's Motion due by 2/1/2019; response due 02/22/2019; reply due 03/08/2019. Signed by Judge Sharon L. Gleason on 12/10/2018. (CME, COURT STAFF) (Entered: 12/10/2018)
2019-02-0516Joint STIPULATION RECALCULATION OF DEADLINES UNOPPOSED by U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Glazier, Dustin) (Entered: 02/05/2019)
2019-02-0517ORDER GRANTING STIPULATED RECALCULATION OF CASE MANAGEMENT DEADLINES : The Stipulation at Docket 16 is GRANTED. Motion due by 3/22/2019, Response due 04/12/2019, reply due 04/26/2019. (See Order for details). Signed by Judge Sharon L. Gleason on 02/05/2019. (CME, COURT STAFF) (Entered: 02/05/2019)
2019-03-1918MOTION for Extension of Time to File Summary Judgment UNOPPOSED by U.S. Department of Justice. (Attachments: # 1 Proposed Order)(Glazier, Dustin) (Entered: 03/19/2019)
2019-03-2119ORDER granting 18 Motion for Extension of Time to File. See Order text for details. Signed by Judge Sharon L. Gleason on 3/21/19. (LLR, CHAMBERS STAFF) (Entered: 03/21/2019)
2019-04-0520MOTION for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Exhibit A - Vaughn Index)(Glazier, Dustin) (Entered: 04/05/2019)
2019-04-0521DECLARATION of HIRSH D KRAVITZ re 20 MOTION for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Glazier, Dustin) (Entered: 04/05/2019)
2019-04-0522DECLARATION of DAVID ALLNUT re 20 MOTION for Summary Judgment by U.S. Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Glazier, Dustin) (Entered: 04/05/2019)
2019-04-1023Notice to Counsel re 21 and 22 Declarations filed by U.S. Department of Justice. A review of the documents submitted at dkt 21 and 22 confirms that they are over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 5.4 and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filings at dkt 21 and 22. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (JLH, COURT STAFF) (Entered: 04/10/2019)
2019-05-0624ORDER RE MOTION FOR SUMMARY JUDGMENT : Defendants Motion for Summary Judgment at Docket 20 is GRANTED. The Clerk of Court is directed to enter a final judgment accordingly. (See Order for details). Signed by Judge Sharon L. Gleason on 05/03/2019. (CME, COURT STAFF) (Entered: 05/06/2019)
2019-05-0625JUDGMENT : THAT the plaintiff recover nothing, the action be dismissed on the merits, and the defendants U.S. Department of Justice and the Environmental Protection Agency, recover costs from the plaintiff Timothy M. McKeever. Signed by Judge Sharon L. Gleason on 05/06/2019. (CME, COURT STAFF) (Entered: 05/06/2019)
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by FOIA Project Staff
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