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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01315
Date Filed2019-05-07
Date Closed2021-01-28
JudgeJudge Tanya S. Chutkan
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the EPA, U.S. Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration for records concerning the use of chlorpyrifos, diazinon, and malathion. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies pertaining to any of its requests, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. FISH AND WILDLIFE SERVICE
DefendantU.S. DEPARTMENT OF THE INTERIOR
DefendantNATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-071COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6106565) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorney General, # 3 Summons US Attorney, # 4 Summons EPA, # 5 Summons FWS, # 6 Summons DOI, # 7 Summons NOAA)(Shannon, Ryan) (Entered: 05/07/2019)
2019-05-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Shannon, Ryan) (Entered: 05/07/2019)
2019-05-073MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Parent, :Firm- Center for Biological Diversity, :Address- P.O. Box 11374, Portland, OR 97211-0374. Phone No. - (971) 717-6404. Filing fee $ 100, receipt number 0090-6108508. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Stephanie Parent, # 2 Text of Proposed Order)(Shannon, Ryan) (Entered: 05/07/2019)
2019-05-08Case Assigned to Judge Tanya S. Chutkan. (zef, ) (Entered: 05/08/2019)
2019-05-084SUMMONS (6) Issued Electronically as to NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 05/08/2019)
2019-05-21MINUTE ORDER: Granting 3 Motion for Leave to Appear Pro Hac Vice. Stephanie M. Parent is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Pro hac applicants who seek admission more than twice within two years are highly encouraged to become members of the Bar for this court. Signed by Judge Tanya S. Chutkan on 5/21/19. (DJS) (Entered: 05/21/2019)
2019-05-285RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/14/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2019. (Parent, Stephanie) (Entered: 05/28/2019)
2019-05-286RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/14/2019. (Parent, Stephanie) (Entered: 05/28/2019)
2019-05-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 5/13/2019; U.S. DEPARTMENT OF THE INTERIOR served on 5/13/2019; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 5/13/2019; U.S. FISH AND WILDLIFE SERVICE served on 5/17/2019 (Attachments: # 1 Exhibit Returns of Service)(Parent, Stephanie) (Entered: 05/29/2019)
2019-06-118Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Truong, John) . (Entered: 06/11/2019)
2019-06-11MINUTE ORDER: Granting 8 Motion for Extension of Deadlines. Defendants shall answer or otherwise respond to the complaint by July 22, 2019. Signed by Judge Tanya S. Chutkan on 6/11/19. (DJS) (Entered: 06/11/2019)
2019-06-13Set/Reset Deadlines: Answer due by 7/22/2019. (tb) (Entered: 06/13/2019)
2019-07-229ANSWER to Complaint by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE.(Truong, John) (Entered: 07/22/2019)
2019-07-25MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 8/30/19. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/25/19. (DJS) (Entered: 07/25/2019)
2019-07-30Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (tb) (Entered: 07/30/2019)
2019-08-2610Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 08/26/2019)
2019-08-28MINUTE ORDER: Having considered the parties' joint status report 10 , it is hereby ordered that the parties shall file another joint report and proposed order by October 8, 2019. Signed by Judge Tanya S. Chutkan on 8/28/19. (DJS) (Entered: 08/28/2019)
2019-08-29Set/Reset Deadlines: Joint Status Report due by 10/8/2019. (tb) (Entered: 08/29/2019)
2019-10-0811Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 10/08/2019)
2019-10-18MINUTE ORDER: Having considered the parties' joint status report 11 , it is hereby ordered that the parties shall file another joint report by 12/6/19 and every 60 days thereafter. The report shall include a proposed order to the extent the parties propose a briefing schedule. Signed by Judge Tanya S. Chutkan on 10/18/19. (DJS) (Entered: 10/18/2019)
2019-10-21Set/Reset Deadlines: Joint Status Report due by 12/6/2019. (tb) (Entered: 10/21/2019)
2019-12-0612Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 12/06/2019)
2020-02-0413Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Hudak, Brian) (Entered: 02/04/2020)
2020-04-0614Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 04/06/2020)
2020-06-0815Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 06/08/2020)
2020-08-0716Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 08/07/2020)
2020-10-0817Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 10/08/2020)
2020-12-0218Joint STATUS REPORT by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 12/02/2020)
2021-01-2719STIPULATION of Dismissal by NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, U.S. DEPARTMENT OF THE INTERIOR, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 01/27/2021)
2021-01-28MINUTE ORDER: Having considered the parties' joint stipulation of dismissal, this action is hereby dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 1/28/21. (DJS) (Entered: 01/28/2021)
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