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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01730
Date Filed2024-06-14
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted five FOIA requests to the EPA for records concerning a variety of topics. The agency acknowledged receipt of the request. After hearing nothing further from the agency, FGI 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
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-06-141COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 405 receipt number ADCDC-10963347) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Summons to the Attorney General, # 4 Summons to the US Attorney, # 5 Summons to USDA)(Morgan, Jeremiah) (Entered: 06/14/2024)
2024-06-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FUNCTIONAL GOVERNMENT INITIATIVE (Morgan, Jeremiah) (Entered: 06/14/2024)
2024-06-14Case Assigned to Judge Tanya S. Chutkan. (zmtm) (Entered: 06/14/2024)
2024-06-143SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/14/2024)
2024-07-124NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 07/12/2024)
2024-07-125Consent MOTION for Extension of Time to Respond to the Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Carilli, Joseph) (Entered: 07/12/2024)
2024-07-15MINUTE ORDER: GRANTING Defendant's 5 Consent Motion for Extension. Defendant's response to the Complaint is due August 8, 2024. Signed by Judge Tanya S. Chutkan on 7/15/2024. (lca) (Entered: 07/15/2024)
2024-08-086MOTION to Dismiss , In Part by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Carilli, Joseph) (Entered: 08/08/2024)
2024-08-217AMENDED COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit)(Morgan, Jeremiah) (Entered: 08/21/2024)
2024-09-048ANSWER to 7 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Carilli, Joseph) (Entered: 09/04/2024)
2024-09-05MINUTE ORDER: DENYING as MOOT 6 Defendant's Partial Motion to Dismiss, in light of Plaintiff's 7 Amended Complaint. See Barnes v. District of Columbia , 42 F. Supp. 3d 111, 117 (D.D.C. 2014) ("When a plaintiff files an amended complaint as of right within 21 days after the filing of the motion to dismiss under Rule 12(b), (e), or (f), the amended complaint becomes the operative pleading... and any pending motion to dismiss becomes moot." (citations omitted)); 6 Charles Allen Wright & Arthur R. Miller, Federal Practice and Procedure § 1476 (3d ed. 2010) (explaining that an amended pleading "under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified"). 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 10/17/2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/5/2024. (lca) (Entered: 09/05/2024)
2024-10-179Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Carilli, Joseph) (Entered: 10/17/2024)
2024-10-21MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ordered that the parties shall file another joint status report by February 14, 2025, and every 60 days thereafter. To the extent that the parties propose changing the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/21/2024. (lcdh) (Entered: 10/21/2024)
2024-10-23Set/Reset Deadlines: Status Report due by 2/14/2025. (zcll) (Entered: 10/23/2024)
2025-02-1410Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Carilli, Joseph) (Entered: 02/14/2025)
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