| Date Filed | Doc # | Docket Text |
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| 2024-07-10 | 1 | COMPLAINT Under the Freedom of Information Act against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 405 receipt number ADCDC-11015350) filed by POWER THE FUTURE. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Civil Cover Sheet)(Hardin, Matthew) (Entered: 07/10/2024) |
| 2024-07-11 | | Case Assigned to Judge Jia M. Cobb. (znmw) (Entered: 07/11/2024) |
| 2024-07-11 | 2 | SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Main Document 2 replaced on 7/12/2024) (znmw). (Entered: 07/11/2024) |
| 2024-07-11 | 3 | NOTICE of Appearance by Christopher Cochran Horner on behalf of POWER THE FUTURE (Horner, Christopher) (Entered: 07/11/2024) |
| 2024-08-10 | 4 | MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 08/10/2024) |
| 2024-08-12 | 5 | RESPONSE re 4 MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order filed by POWER THE FUTURE. (Hardin, Matthew) (Entered: 08/12/2024) |
| 2024-08-12 | 6 | ERRATA by POWER THE FUTURE re 5 Response to motion . with proposed order (Corrected) filed by POWER THE FUTURE. (Hardin, Matthew) Modified docket text and link on 8/12/2024 (zdp). (Entered: 08/12/2024) |
| 2024-08-13 | | MINUTE ORDER granting 4 Motion for Extension: The Court has reviewed 6 Plaintiff's opposition to the 4 Government's request and, in theory, can appreciate Plaintiff's concern about the unknown document retention policies for the "chat" records requested. ECF 6 ¶ 2. However, the Court has little to no details about the FOIA request at issue here, meaning the Court has no way to evaluate how Plaintiff's concern about document retention applies to the unspecified "five-month period" of chats Plaintiff requested, ECF 1 ¶ 9, nor whether Plaintiff is correct that "the request at issue is not complex or likely to be voluminous," ECF 6 ¶ 2. On the other hand, the Government has represented that its counsel "was only recently assigned to this matter," that "the Agency's FOIA office is understaffed," and thus more time is needed to prepare a response. ECF 4 at 2. The Court finds this "sufficient to justify the routine relief sought—a 30 day extension at the beginning of a FOIA case." See Jordan v. U.S. Dep't of Labor , 273 F. Supp. 3d 214, 242 (D.D.C. 2017). As such, having considered the motion, and for good cause shown, the Court hereby GRANTS the motion. It is further ORDERED that Defendant shall respond to the complaint in this action by September 11, 2024. Signed by Judge Jia M. Cobb on August 13, 2024. (lcjmc2) (Entered: 08/13/2024) |
| 2024-08-30 | | MINUTE ORDER: The Court notes that Plaintiff has filed the following cases against Defendant: Nos. 24-1995, 24-2040, 24-2081, 24-2152, 24-2218, 24-2242, and 24-2278. The parties are ORDERED to meet and confer about whether some or all of these cases may be consolidated or designated as related. After the parties meet and confer, they are ORDERED to file a joint status report by September 13, 2024. Signed by Judge Jia M. Cobb on August 30, 2024. (lcjmc2) (Entered: 08/30/2024) |
| 2024-09-11 | 7 | ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Duffey, Thomas) (Entered: 09/11/2024) |
| 2024-09-13 | 8 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 09/13/2024) |
| 2024-09-16 | | MINUTE ORDER: Having considered the Parties' Joint Status Report 8 , the Court ORDERS that Defendant shall file its motion to consolidate on or before September 27, 2024. Signed by Judge Jia M. Cobb on September 16, 2024. (lcjmc2) (Entered: 09/16/2024) |
| 2024-09-16 | | Set/Reset Deadlines: Motion due by 9/27/2024. (zed) (Entered: 09/17/2024) |
| 2024-09-27 | 9 | MOTION to Consolidate Cases by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration Cubeddu, # 2 Exhibit 1-18)(Duffey, Thomas) (Entered: 09/27/2024) |
| 2024-10-11 | 10 | Memorandum in opposition to re 9 Motion to Consolidate Cases filed by POWER THE FUTURE. (Hardin, Matthew) (Entered: 10/11/2024) |
| 2024-10-17 | | MINUTE ORDER granting 9 Motion to Consolidate Cases: Plaintiff has filed seven cases against Defendant, which Defendant now moves to consolidate: Nos. 24-1995, 24-2040, 24-2081, 24-2152, 24-2218, 24-2242, and 24-2278. Having considered the motion 9 and Plaintiff's opposition 11 , the Court GRANTS the motion. The parties shall make all future filings in this case (24-1995) and shall not "spread text." It is further ORDERED that the parties shall meet and confer and submit a joint status report by November 1, 2024, proposing appropriate next steps in this case given the Court's decision to consolidate. Consolidation is proper because these seven cases "involve a common question of law or fact." Fed. R. Civ. P. 42(a). Each case concerns a FOIA request on the same subject (the administration's "whole of government" approach to climate change) and involves the same EPA officials (Jennifer Macedonia and Dan Utech). The EPA has provided a declaration stating that it will use nearly identical search methodologies to respond to each request. ECF 9-1. Thus, challenges to the sufficiency of those searches are likely to raise common questions of fact and law. Consolidation is also appropriate because it would promote judicial economy. See Singh v. Carter , 185 F. Supp. 3d 11, 18 (D.D.C. 2016). It is far more efficient for these issues to be litigated before one judge rather than seven, and the cases are in similar procedural postures. See Gov't Accountability & Oversight v. U.S. Dep't of Energy , No. 24-cv-2039, ECF 20 at 10-11 (consolidating FOIA cases on efficiency grounds). The Court takes seriously Plaintiff's concern that consolidation may result in further delay, but believes such concerns can be addressed through case management. See id. at 12. Signed by Judge Jia M. Cobb on October 17, 2024. (lcjmc2) (Entered: 10/17/2024) |
| 2024-10-17 | | CASE CONSOLIDATED: The following cases have been consolidated with this case: 24cv2040, 24cv2081, 24cv2152, 24cv2218, 24cv2242, and 24cv2278. pursuant to Order on Motion to Consolidate Cases, Set/Reset Deadlines, From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp) (Entered: 10/23/2024) |
| 2024-11-01 | 11 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 11/01/2024) |
| 2024-11-04 | 12 | NOTICE of Appearance by Nathaniel Lindzen on behalf of POWER THE FUTURE (Lindzen, Nathaniel) (Entered: 11/04/2024) |
| 2024-11-08 | | MINUTE ORDER re 11 Joint Status Report: The Court ORDERS the Parties to appear for a status conference on November 19, 2024 at 2:00 PM to discuss a production schedule for responsive records. The conference will be on the record before Judge Jia M. Cobb and conducted via Zoom. The Court's Deputy Clerk will provide the information necessary to access the conference. Signed by Judge Jia M. Cobb on November 8, 2024. (lcjmc2) (Entered: 11/08/2024) |
| 2024-11-19 | | Minute Entry for Status Conference proceeding held on 11/19/2024 before Judge Jia M. Cobb. Parties discussed posture of the case. Further Status Report due by 12/20/2024. (Court Reporter Stacy Johns.) (zed) (Entered: 11/19/2024) |
| 2024-11-19 | | MINUTE ORDER: For the reasons stated on the record during today's status conference, the Court ORDERS that Defendant shall produce 500 pages of records per month responsive to Case No. 24-cv-1995, and 500 pages of records per month responsive to Case No. 24-cv-2081. It is furthered ORDERED that the parties shall confer and file a joint status report by December 20, 2024, stating (1) whether the parties have agreed to narrow any requests in Case Nos. 24-cv-2242, 24-cv-2278, 24-cv-2152, and 24-cv-2218, including Defendant's response to Plaintiff's proposed approach to producing requested calendar entries; (2) the parties' positions on production rate in those four cases, in light of their negotiations; and (3) the parties' positions on any remaining disputes pertaining to production rate in 24-cv-1995 and 24-cv-2081. If Defendant, after negotiating in good faith with Plaintiff, maintains that Plaintiff's proposed production rate of 500 pages per case per month is unduly burdensome, it shall substantiate that position with declarations. Signed by Judge Jia M. Cobb on November 19, 2024. (lcjmc2) (Entered: 11/19/2024) |
| 2024-12-20 | 13 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 12/20/2024) |
| 2024-12-26 | 14 | NOTICE OF WITHDRAWAL OF APPEARANCE as to POWER THE FUTURE. Attorney Nathaniel Lindzen terminated. (Lindzen, Nathaniel) (Entered: 12/26/2024) |
| 2025-01-02 | | MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, the Court ORDERS that the parties shall file a joint status report on February 3, 2025, updating the Court on the status of Plaintiff's FOIA requests. Signed by Judge Jia M. Cobb on January 2, 2025. (lcjmc2) (Entered: 01/02/2025) |
| 2025-02-03 | 15 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 02/03/2025) |
| 2025-02-07 | | MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, the Court ORDERS that the parties shall file a joint status report on April 4, 2025, and every 60 days thereafter, updating the Court on the status of Plaintiff's FOIA requests. Signed by Judge Jia M. Cobb on February 7, 2025. (lcjmc2) (Entered: 02/07/2025) |
| 2025-04-04 | 16 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 04/04/2025) |
| 2025-06-03 | 17 | Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 06/03/2025) |
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