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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01318
Date Filed2019-05-07
Date Closed2021-06-15
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the EPA, the Department of Agriculture, and U.S. Fish and Wildlife Service for records concerning meetings and discussions between agency officials and the trade association CropLife America, which represents pesticide manufacturers. The agencies acknowledged receipt of the requests, but after hearing nothing further from any of the agencies, 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. DEPARTMENT OF AGRICULTURE
DefendantU.S. FISH AND WILDLIFE SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-071COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6107071) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Attorney, # 3 Summons Attorney General, # 4 Summons Environmental Protection Agency, # 5 Summons Fish and Wildlife Service, # 6 Summons Department of Agriculture)(Connor, Hannah) (Entered: 05/07/2019)
2019-05-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Connor, Hannah) (Entered: 05/07/2019)
2019-05-073MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Carter Evans, :Firm- Center for Biological Diversity, :Address- 1212 Broadway, Suite 800, Oakland, CA 94612. Phone No. - 510-844-7118. Fax No. - n/a Filing fee $ 100, receipt number 0090-6107443. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration of Jonathan Evans, # 2 Text of Proposed Order)(Connor, Hannah) (Entered: 05/07/2019)
2019-05-08Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 05/08/2019)
2019-05-084SUMMONS (5) Issued Electronically as to U.S. DEPARTMENT OF AGRICULTURE, 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)
2019-05-085STANDING ORDER establishing procedures for cases before Judge Trevor N. McFadden. The parties are directed to read and strictly comply with the attached order. Signed by Judge Trevor N. McFadden on 5/8/2019. (lctnm3) (Entered: 05/08/2019)
2019-05-08MINUTE ORDER granting the 3 Motion for Leave to Appear Pro Hac Vice. Attorney Jonathan Carter Evans shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 5/8/2019. (lctnm3) (Entered: 05/08/2019)
2019-05-086NOTICE of Appearance by Jonathan Evans on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Evans, Jonathan) (Entered: 05/08/2019)
2019-05-247RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 6/16/2019. (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-05-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE served on 5/16/2019 (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-05-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 5/16/2019 (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-05-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FISH AND WILDLIFE SERVICE served on 5/17/2019 (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-05-2411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/17/2019. (Attachments: # 1 Exhibit Certified Mail Return Receipt)(Connor, Hannah) (Entered: 05/24/2019)
2019-06-1112Consent MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE (Truong, John) (Entered: 06/11/2019)
2019-06-12MINUTE ORDER: Upon consideration of the Defendants' 12 Consent Motion, it is hereby ORDERED that the Defendants shall file an Answer or responsive pleading on or before July 9, 2019. Signed by Judge Trevor N. McFadden on 6/12/2019. (lctnm3) (Entered: 06/12/2019)
2019-06-12Set/Reset Deadlines: Defendants' Answer or responsive pleading due by 7/9/2019. (hmc) (Entered: 06/12/2019)
2019-07-1013ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE.(Truong, John) (Entered: 07/10/2019)
2019-07-10MINUTE ORDER: Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of the Plaintiff's FOIA request, the anticipated number of documents responsive to the Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by the Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the Report on or before August 12, 2019. Signed by Judge Trevor N. McFadden on 7/10/2019. (lctnm3) (Entered: 07/10/2019)
2019-07-10Set/Reset Deadlines: Joint Status Report due by 8/12/2019. (tg) (Entered: 07/10/2019)
2019-08-1214Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 08/12/2019)
2019-08-13MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file another report on or before September 26, 2019. The report shall include the anticipated number of documents responsive to the Plaintiff's FOIA request and an anticipated production schedule for release of the documents. Signed by Judge Trevor N. McFadden on 8/13/2019. (lctnm3) (Entered: 08/13/2019)
2019-08-13Set/Reset Deadlines: Joint Status Report due by 9/26/2019. (tg) (Entered: 08/13/2019)
2019-09-2615Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 09/26/2019)
2019-09-26MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file another report on or before November 5, 2019. The report shall provide the Court with a further update regarding the status of the Defendants' document production. Signed by Judge Trevor N. McFadden on 9/26/2019. (lctnm3) (Entered: 09/26/2019)
2019-09-27Set/Reset Deadlines: Joint Status Report due by 11/5/2019. (hmc) (Entered: 09/27/2019)
2019-11-0516Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 11/05/2019)
2019-11-07MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file another report on or before December 20, 2019. The report shall provide the Court with a further update regarding the parties' proposed production schedule. Signed by Judge Trevor N. McFadden on 11/7/2019. (lctnm3) (Entered: 11/07/2019)
2019-11-07Set/Reset Deadlines: Joint Status Report due by 12/20/2019. (tg) (Entered: 11/07/2019)
2019-12-1917Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 12/19/2019)
2019-12-20MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the Environmental Protection Agency shall produce its first set of responsive records on or before August 17, 2020, and shall complete productions by no later than October 19, 2020; and it is further ORDERED that the parties shall submit their next Joint Status Report on August 21, 2020, which shall update the Court regarding the production status. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/20/2019. (lctnm3) (Entered: 12/20/2019)
2019-12-23Set/Reset Deadlines: Environmental Protection Agency's responsive records due by 8/17/2020. Productions due by 10/19/2020. Joint Status Report due by 8/21/2020. (hmc) (Entered: 12/23/2019)
2020-08-2118Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 08/21/2020)
2020-08-21MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before November 4, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/21/2020. (lctnm3) (Entered: 08/21/2020)
2020-08-21Set/Reset Deadlines: Joint Status Report due by 11/4/2020. (hmc) (Entered: 08/21/2020)
2020-10-2119MOTION for Extension of Time to Complete Document Production by U.S. ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 10/21/2020)
2020-10-22MINUTE ORDER granting Defendants' 19 Motion for Extension of Time to Complete Document Production. Defendants shall produce the attachments to the twenty records requested by Plaintiff by October 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/22/2020. (lctnm3) (Entered: 10/22/2020)
2020-10-22Set/Reset Deadlines: Defendants' production of attachments due by 10/23/2020. (hmc) (Entered: 10/22/2020)
2020-11-0420Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 11/04/2020)
2020-11-05MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before December 18, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/5/2020. (lctnm3) (Entered: 11/05/2020)
2020-11-05Set/Reset Deadlines: Joint Status Report due by 12/18/2020. (hmc) (Entered: 11/05/2020)
2020-12-1821Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 12/18/2020)
2020-12-21MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before February 15, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/21/2020. (lctnm3) (Entered: 12/21/2020)
2020-12-21Set/Reset Deadlines: Joint Status Report due by 2/15/2021. (hmc) (Entered: 12/21/2020)
2021-02-1222Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 02/12/2021)
2021-02-12MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before April 8, 2021. If the parties resolve this matter before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/12/2021. (lctnm3) (Entered: 02/12/2021)
2021-02-12Set/Reset Deadlines: Joint Status Report due by 4/8/2021. (hmc) (Entered: 02/12/2021)
2021-04-0723Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 04/07/2021)
2021-04-08MINUTE ORDER. Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before May 13, 2021. If the parties resolve this matter before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/8/2021. (lctnm3) (Entered: 04/08/2021)
2021-04-08Set/Reset Deadlines: Joint Status Report due by 5/13/2021. (hmc) (Entered: 04/08/2021)
2021-05-1324Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 05/13/2021)
2021-05-13MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before June 14, 2021. If the parties resolve this matter before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/13/2021. (lctnm3) (Entered: 05/13/2021)
2021-05-13Set/Reset Deadlines: Joint Status Report due by 6/14/2021. (hmc) (Entered: 05/13/2021)
2021-06-1425STIPULATION of Dismissal (Joint) by U.S. DEPARTMENT OF AGRICULTURE, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE. (Truong, John) (Entered: 06/14/2021)
2021-06-15MINUTE ORDER. Upon consideration of the parties' 25 Stipulation of Dismissal (Joint), this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/15/2021. (lctnm3) (Entered: 06/15/2021)
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