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Case TitlePOWER THE FUTURE v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02380
Date Filed2023-08-16
Date Closed2024-06-04
JudgeJudge Loren L. AliKhan
PlaintiffPOWER THE FUTURE
Case DescriptionPower the Future submitted a FOIA request to the EPA for records concerning certain described email correspondence of three named EPA Region X political appointees using one or more of six named email domains of environmental groups. The agency acknowledged receipt of the request. The agency disclosed some records but redacted some records under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Power the Future filed an administrative appeal of two emails redacted under Exemption 5. The agency released one email in full but continued to redact portions of the other email. Power the Future then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
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

2023-08-161COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10280402) filed by POWER THE FUTURE. (Attachments: # 1 Exhibit A (redacted record), # 2 Exhibit B (correspondence), # 3 Summons to EPA, # 4 Summons to USAG, # 5 Summons, # 6 Civil Cover Sheet)(Hardin, Matthew) (Entered: 08/16/2023)
2023-08-172NOTICE of Appearance by Christopher Cochran Horner on behalf of POWER THE FUTURE (Horner, Christopher) (Entered: 08/17/2023)
2023-08-17Case Assigned to Judge Tanya S. Chutkan. (zsl) (Entered: 08/17/2023)
2023-08-183SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 08/18/2023)
2023-08-234NOTICE of Appearance by B. Kathryn Debrason on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Debrason, B.) (Entered: 08/23/2023)
2023-09-155MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 09/15/2023)
2023-09-18MINUTE ORDER: Defendant's 5 Motion for Extension of Time is hereby GRANTED. Defendant shall have through October 18, 2023 to respond to Plaintiff's Complaint in this action. Signed by Judge Tanya S. Chutkan on 09/18/2023. (lcd) (Entered: 09/18/2023)
2023-09-18Set/Reset Deadlines: Defendants Answer due by 10/18/2023. (zed) (Entered: 09/19/2023)
2023-10-136MOTION for Extension of Time to Respond to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 10/13/2023)
2023-10-147Memorandum in opposition to re 6 Second Motion for Extension of Time filed by POWER THE FUTURE. (mg) (Entered: 10/16/2023)
2023-10-16MINUTE ORDER: It is hereby ORDERED that if Defendant intends to respond to Plaintiff's 7 Memorandum in Opposition, they must do so no later than 5:00 PM on October 17, 2023. Signed by Judge Tanya S. Chutkan on 10/16/2023. (lcd) (Entered: 10/16/2023)
2023-10-178REPLY to opposition to motion re 6 MOTION for Extension of Time to Respond to Complaint filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 10/17/2023)
2023-10-17MINUTE ORDER: Upon consideration of Defendant's 6 Motion for Extension of Time and Plaintiff's 7 Memorandum in Opposition, it is hereby ORDERED that Defendant shall respond to Plaintiff's Complaint by November 3, 2023. Signed by Judge Tanya S. Chutkan on 10/17/2023. (lcd) (Entered: 10/17/2023)
2023-10-17Set/Reset Deadlines: Defendant's response to Plaintiff's Complaint due November 3, 2023.(ztl) (Entered: 11/13/2023)
2023-10-189NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney John C. Truong (Eckrote, Kaitlin) (Entered: 10/18/2023)
2023-11-0310ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Eckrote, Kaitlin) (Entered: 11/03/2023)
2023-11-03MINUTE 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 12/15/23. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/03/2023. (lcd) (Entered: 11/03/2023)
2023-11-06Set/Reset Deadlines: Joint Status Report due by 12/15/2023 (zglw) (Entered: 11/06/2023)
2023-12-1511Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 12/15/2023)
2023-12-15Case directly reassigned to Judge Loren L. AliKhan. Judge Tanya S. Chutkan is no longer assigned to the case. (rj) (Entered: 12/15/2023)
2024-01-05MINUTE ORDER: Upon consideration of the parties' joint status report 11 , it is ORDERED that the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before February 13, 2024; (2) Plaintiff shall file an opposition and any cross-motion for summary judgment on or before March 14, 2024; (3) Defendant shall file a reply and opposition, if any, on or before April 15, 2024; (5) Plaintiff shall file a reply, if any, on or before April 29, 2024. Signed by Judge Loren L. AliKhan on 01/05/2024. (lclla3) (Entered: 01/05/2024)
2024-01-08Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 2/13/2024. Response to Motion for Summary Judgment due by 3/14/2024. Reply to Motion for Summary Judgment due by 4/15/2024. Plaintiff's Cross Motion for Summary Judgment due by 3/14/2024. Response to Cross Motion due by 4/15/2024. Reply to Cross Motion due by 4/29/2024. (zcdw) (Entered: 01/08/2024)
2024-02-1212Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 02/12/2024)
2024-02-12MINUTE ORDER: Upon consideration of the Defendant's unopposed motion for extension of time 12 , it is ORDERED that it is GRANTED and the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before March 14, 2024; (2) Plaintiff shall file an opposition and any cross-motion for summary judgment on or before April 15, 2024; (3) Defendant shall file a reply and opposition, if any, on or before May 15, 2024; (5) Plaintiff shall file a reply, if any, on or before May 29, 2024. Signed by Judge Loren L. AliKhan on 02/12/2024. (lclla3) (Entered: 02/12/2024)
2024-02-14Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 3/14/2024. Response to Motion for Summary Judgment due by 4/15/2024. Reply to Motion for Summary Judgment due by 5/15/2024. Plaintiff's Cross Motion due by 4/15/2024. Response to Cross Motion due by 5/15/2024. Reply to Cross Motion due by 5/29/2024. (zcdw) (Entered: 02/14/2024)
2024-03-1313Unopposed MOTION for Extension of Time to file Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 03/13/2024)
2024-03-14MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time 13 , it is ORDERED that the motion is GRANTED and the following schedule shall govern summary judgment briefing in this case: (1) Defendant shall file a motion for summary judgment on or before April 15, 2024; (2) Plaintiff shall file an opposition and any cross-motion for summary judgment on or before May 15, 2024; (3) Defendant shall file a reply and opposition, if any, on or before June 17, 2024; (4) Plaintiff shall file a reply, if any, on or before July 1, 2024. Signed by Judge Loren L. AliKhan on 03/14/2024. (lclla3) Modified on 3/15/2024 to correct order text (zcdw). (Entered: 03/14/2024)
2024-03-15Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 4/15/2024. Response to Motion for Summary Judgment due by 5/15/2024. Reply to Motion for Summary Judgment due by 6/17/2024. Plaintiff's Cross Motion due by 5/15/2024. Response to Cross Motions due by 6/17/2024. Reply to Cross Motions due by 7/1/2024. (zcdw) (Entered: 03/15/2024)
2024-04-1514Joint MOTION to Vacate Summary Judgment Briefing Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 04/15/2024)
2024-04-15MINUTE ORDER: Upon consideration of the parties' Joint Motion to Vacate Summary Judgment Briefing Schedule 14 , it is hereby ORDERED that the motion is GRANTED and the briefing schedule is VACATED. It is furthered ORDERED that, should the parties not file for dismissal within 60 days, they shall submit a joint status report on or before June 14, 2024. Signed by Judge Loren L. AliKhan on 04/15/2024. (lclla3) (Entered: 04/15/2024)
2024-04-15Set/Reset Deadlines/Hearings: Joint Status Report due by 6/14/2024. (zcdw) (Entered: 04/15/2024)
2024-04-2515NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney B. Kathryn Debrason (Ontell, Joshua) (Entered: 04/25/2024)
2024-05-3016STIPULATION of Dismissal with Prejudice by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Ontell, Joshua) (Entered: 05/30/2024)
2024-05-30MINUTE ORDER: Upon consideration of the parties' Stipulation of Dismissal 16 , it is hereby ORDERED that the case is DISMISSED with prejudice. The Clerk of Court is hereby directed to terminate this case. Signed by Judge Loren L. AliKhan on 05/30/2024. (lclla3) (Entered: 05/30/2024)
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