Case Detail

FOIA Project Annotation: Judge Tanya Chutkan has ruled that while the EPA conducted an adequate search for records responsive to those requests submitted by Hall & Associates which the agency believed qualified as FOIA requests, for a series of other requests it violated its FOIA regulations by failing to work with Hall to modify the requests so that they would be acceptable. Hall represented the Great Bay Municipal Coalition, a coalition of municipalities in New Hampshire, challenging the EPA's decision to promulgate more stringent total nitrogen requirements for the Great Bay Estuary. Hall accused EPA of scientific misconduct in its decision and sent multiple requests to Region I as well as EPA headquarters for records that questioned the agency's final decision. Both Region I and EPA headquarters rejected multiple requests as not properly describing the records sought after determining they posed questions requiring research and answers rather than responsive records. But while Region I offered Hall an opportunity to rework its requests to qualify, EPA headquarters rejected its requests entirely. Chutkan agreed the requests were facially inadequate but observed that EPA regulations required the agency to give Hall an opportunity to make the requests valid. As to EPA headquarters' rejection of the requests, Chutkan noted that "EPA did not tell Hall what additional information it needed to provide, and did not give Hall 'an opportunity to discuss and modify' the requests, instead only notifying Hall of its right to appeal. EPA has not adequately explained why it failed to engage in the required collaborative process to allow Hall to modify [its] requests." She pointed out that when Hall tried to clarify its requests, "for reasons the EPA has not explained, it ignored in its final response (and ignores now) this reformulation of the [original] requests. EPA simply reiterated its prior position and nowhere acknowledged Hall's explanation of the requests or considered whether the requests had been modified." By contrast, Region I when faced with the identical problem, worked with Hall and accepted its clarifications as validating its original requests. Chutkan noted that EPA headquarters "ignored Hall's modification and refused to process the requests even after Region I had processed two similar sets of requests. This is strong evidence that EPA violated FOIA�"and failed to follow its own regulations�"by not considering a proposed modification intended to narrow the requests to reasonably describe the records sought." Chutkan rejected Hall's challenge to the agency's search based primarily on the fact that Region I found documents that should have been responsive to its headquarters requests as well. She observed that "Hall has not identified any information contained in the five documents produced in response to the October 4 Request that reference other potential sources of responsive records or prove that EPA should have found the Region I documents in its own files."
Issues: Request - Specificity, Adequacy - Search

FOIA Project Annotation: Judge Tanya Chutkan has ruled that Hall & Associates is not entitled to attorneys fees for its litigation against the EPA because it did not substantially prevail. Hall represented a coalition of municipalities in New Hampshire that discharged into the Great Bay Estuary. Hall made a total of eight requests to the EPA for records disproving a statement Hall had made in an earlier letter to the EPA. The agency decided those requests did not properly describe records and rejected them. In an earlier ruling in the case, the court concluded that even though it agreed with the agency that the requests did not describe records the agency regulations required EPA to allow Hall to restructure its requests in such a way as to qualify. The EPA provided Hall with an opportunity to clarify its requests, but Hall continued to insist on the original language. At that point, Chutkan used language from Hall's request to EPA Region 1�"to which the agency had responded�"as the basis for acceptable language. The agency accepted the new request and located 40 responsive documents, which it disclosed with redactions. Hall then filed for attorney's fees, including fees for the additional time spent in litigation. Hall insisted that it had substantially prevailed by forcing the agency to conduct a new search that yielded responsive records. Chutkan, however, noted that Hall was largely at fault for prolonging the litigation. Denying Hall's motion for attorney's fees, Chutkan pointed out that "there is no basis for the court to conclude that Hall, before commencing this suit three years ago, could not simply have offered the same clarification it did to EPA Region 1 and thus attained the requested documents without the involvement of this court. . .[H]ere it appears that 'no small part of the delay in this case' was the result of Hall's own intransigence. . ."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2013-06-03	1	COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-3347727) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. 1-9, # 2 Exhibit Exs. 10-18, # 3 Exhibit Exs. 19-26, # 4 Civil Cover Sheet, # 5 Summons EPA HQ, AG, USAO summons)(Rosenman, Philip) (Entered: 06/03/2013)
2013-06-03		Case Assigned to Judge Robert L. Wilkins. (ls, ) (Entered: 06/04/2013)
2013-06-04	2	ELECTRONIC SUMMONS (3) Issued as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Notice)(ls, ) (Entered: 06/04/2013)
2013-06-13	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 6/6/2013 (Attachments: # 1 Exhibit Ex. 1 - Proof of Service EPA HQ)(Rosenman, Philip) (Entered: 06/13/2013)
2013-06-13	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/7/2013. (Attachments: # 1 Ex. 1 - Proof of Service AG)(Rosenman, Philip) (Entered: 06/13/2013)
2013-06-13	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/7/2013. Answer due for ALL FEDERAL DEFENDANTS by 7/7/2013. (Attachments: # 1 Exhibit Ex. 1 - Proof of Service USAO)(Rosenman, Philip) (Entered: 06/13/2013)
2013-07-02	6	NOTICE of Appearance by Michelle Lo on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Lo, Michelle) (Entered: 07/02/2013)
2013-07-02	7	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Lo, Michelle) (Entered: 07/02/2013)
2013-07-03		MINUTE ORDER granting 7 Consent MOTION for Extension of Time to File Answer re 1 Complaint;and it is further ORDERED that Defendant shall have to, and including, Wednesday, August 7, 2013, to answer or otherwise respond to the Complaint in this action. Signed by Judge Robert L. Wilkins on 7/3/2013. (tcb) (Entered: 07/03/2013)
2013-08-07	8	MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration of Deborah G. Nagle, # 2 Text of Proposed Order)(Lo, Michelle) (Entered: 08/07/2013)
2013-08-12	9	Consent MOTION for Extension of Time to Respond to Defendant's Motion for Summary Judgment by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 08/12/2013)
2013-08-13		MINUTE ORDER: granting 9 Plaintiff's Motion for Extension of Time to respond to Defendant's Mottion for Summary Judgment; Set/Reset Deadlines:Response to Defendant's Motion due by 10/1/2013. Signed by Judge Robert L. Wilkins on 8/31/13. (lcrlw1) (Entered: 08/13/2013)
2013-09-30	10	Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment and Opposition to Plaintiff's Anticipated Cross-Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Lo, Michelle) (Entered: 09/30/2013)
2013-10-01	11	ORDER granting 10 Consent MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Summary Judgment and Opposition to Plaintiff's Anticipated Cross-Motion for Summary Judgment; and it is further ORDERED that Defendant shall have to, and including, Tuesday, November 12, 2013, to file its reply memorandum in further support of Defendants motion for summary judgment and its opposition to Plaintiffs anticipated cross-motion for summary judgment. Signed by Judge Robert L. Wilkins on 10/1/2013. (tcb) (Entered: 10/01/2013)
2013-10-01	12	Memorandum in opposition to re 8 MOTION for Summary Judgment with Response, Disputed and Undisputed Facts, and Proposed Order filed by HALL AND ASSOCIATES. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibits 2-7)(Rosenman, Philip) (Entered: 10/01/2013)
2013-10-01	13	Cross MOTION for Summary Judgment w supporting memorandum of points and authorities, undipsuted facts, and proposed order by HALL AND ASSOCIATES (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Exs. 2-7)(Rosenman, Philip) (Entered: 10/01/2013)
2013-11-07	14	Consent MOTION for Extension of Time to File Response/Reply as to 13 Cross MOTION for Summary Judgment w supporting memorandum of points and authorities, undipsuted facts, and proposed order , 8 MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Lo, Michelle) (Entered: 11/07/2013)
2013-11-12	15	ORDER granting Consent MOTION for Extension of Time to File Response/Reply as to 13 Cross MOTION for Summary Judgment w supporting memorandum of points and authorities, undipsuted facts, and proposed order, 8 MOTION for Summary Judgment; and it is further ORDERED that Defendant shall have to, and including, Tuesday, November 19, 2013, to file its reply memorandum in further support of Defendants motion for summary judgment and its opposition to Plaintiffs cross-motion for summary judgment. Signed by Judge Robert L. Wilkins on 11/12/2013. (tcb) (Entered: 11/12/2013)
2013-11-19	16	REPLY to opposition to motion re 8 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Reply Ex. 1, # 2 Text of Proposed Order)(Lo, Michelle) (Entered: 11/19/2013)
2013-11-19	17	Memorandum in opposition to re 13 Cross MOTION for Summary Judgment w supporting memorandum of points and authorities, undipsuted facts, and proposed order and Reply Memorandum in Further Support of EPA's Motion for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Reply Ex. 1, # 2 Text of Proposed Order)(Lo, Michelle) (Entered: 11/19/2013)
2013-11-22	18	Consent MOTION for Extension of Time to File Response/Reply in Support of Cross Motion for Summary Judgment by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 11/22/2013)
2013-11-26		MINUTE ORDER granting 18 Motion for Extension of Time to File Response/Reply in Support of Cross Motion for Summary Judgment. Plaintiff's Response/Reply due by 12/23/2013. Signed by Judge Robert L. Wilkins on 11/26/13. (lcrlw1) (Entered: 11/26/2013)
2013-12-23	19	REPLY to opposition to motion re 13 Cross MOTION for Summary Judgment w supporting memorandum of points and authorities, undipsuted facts, and proposed order filed by HALL AND ASSOCIATES. (Rosenman, Philip) (Entered: 12/23/2013)
2014-01-24		Case reassigned to the Calendar Committee who will oversee it until it is reassigned to another judge. Judge Robert L. Wilkins has been elevated to the U.S. Court of Appeals for DC and is no longer assigned to the case. Any questions should be directed to Terri Barrett, formerly Judge Wilkins deputy clerk, at 202-354-3179 or terri_barrett@dcd.uscourts.gov. (ztcb, ) (Entered: 01/24/2014)
2014-04-07		Case reassigned to Judge Christopher R. Cooper. Calendar Committee no longer assigned to the case. (ztnr, ) (Entered: 04/07/2014)
2014-06-03	20	NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Daniel Shoaibi on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Michelle Lo (Shoaibi, Alexander) (Entered: 06/03/2014)
2014-06-10		Case reassigned to Judge Tanya S. Chutkan. Judge Christopher R. Cooper no longer assigned to the case. (ztnr, ) (Entered: 06/10/2014)
2015-03-16	21	MEMORANDUM AND OPINION. Signed by Judge Tanya S. Chutkan on 3/16/2015. (lctsc2) (Entered: 03/16/2015)
2015-03-16	22	ORDER granting in part and denying in part Defendant's 8 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 13 Motion for Summary Judgment. Defendant must process Plaintiff's seven FOIA requests as modified. See Order for details. Signed by Judge Tanya S. Chutkan on 3/16/2015. (lctsc2) (Entered: 03/16/2015)
2015-03-26	23	Joint MOTION for Briefing Schedule for Attorney Fees by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 03/26/2015)
2015-03-27		MINUTE ORDER: Granting 23 Motion for Briefing Schedule. Plaintiff's motion for attorney fees due by May 1, 2015. Defendant's response due by May 29, 2015. Plaintiff's reply (if any) due by June 12, 2015. If the parties reach an agreement on attorney fees which makes briefing unnecessary, they shall so notify the Court. Signed by Judge Tanya S. Chutkan on 3/27/2015. (lctsc2) (Entered: 03/27/2015)
2015-03-27		Set/Reset Deadlines: Motion for Attorney Fees due by 5/1/2015. Response due by 5/29/2015 Reply due by 6/12/2015. (sm) (Entered: 03/27/2015)
2015-05-01	24	MOTION for Attorney Fees and Costs by HALL AND ASSOCIATES (Attachments: # 1 Exhibit H&A Motion for Fees - Exs. A to E, # 2 Exhibit H&A Motion for Fees - Exs. F to L (unpublished opinions))(Rosenman, Philip) (Entered: 05/01/2015)
2015-05-15	25	MOTION for Briefing Schedule on Outstanding Merits Issue by HALL AND ASSOCIATES (Attachments: # 1 Exhibit Ex. 1 - EPA's April 30, 2015 Letter)(Rosenman, Philip) (Entered: 05/15/2015)
2015-05-28		MINUTE ORDER: A status conference is set for Wednesday, June 3, 2015 at 11am in Courtroom 2 to discuss how to proceed in this case. Signed by Judge Tanya S. Chutkan on 5/28/2015. (lctsc2) (Entered: 05/28/2015)
2015-05-28		Set/Reset Hearings: Status Conference set for 6/3/2015 at 11:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 05/28/2015)
2015-05-28	26	Consent MOTION for Extension of Time to File Opposition to Motion for Attorneys Fees and Motion for Briefing Schedule by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 05/28/2015)
2015-05-29		MINUTE ORDER: Granting 26 Motion for Extension of Briefing Schedule EXCEPT the court will address the briefing schedules at the status conference. Signed by Judge Tanya S. Chutkan on 5/29/15. (DJS) (Entered: 05/29/2015)
2015-06-02	27	Memorandum in opposition to re 25 MOTION for Briefing Schedule on Outstanding Merits Issue , 24 MOTION for Attorney Fees and Costs filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/02/2015)
2015-06-03		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 6/3/2015. 25 MOTION for Briefing Schedule on Outstanding Merits Issue by HALL AND ASSOCIATES is held in abeyance. Status Report due by 6/17/2015. (Court Reporter Bryan Wayne.) (zsm) (Entered: 06/03/2015)
2015-06-05	28	Unopposed MOTION to Hold in Abeyance Plaintiff's Motion for Attorneys' Fees and Costs by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 06/05/2015)
2015-06-07		MINUTE ORDER: Granting 28 Unopposed Motion to Hold in Abeyance. Plaintiff's Motion for Attorney Fees 24 is held in abeyance further order of the court. Signed by Judge Tanya S. Chutkan on 6/7/15. (DJS) (Entered: 06/07/2015)
2015-06-17	29	STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Shoaibi, Alexander) (Entered: 06/17/2015)
2015-06-17	30	STATUS REPORT by HALL AND ASSOCIATES. (Attachments: # 1 Exhibit Exs. 1-4 H&A's status report)(Rosenman, Philip) (Entered: 06/17/2015)
2015-07-10		MINUTE ORDER: A telephone conference is scheduled for Thursday, July 16, 2015 at 10:15am to discuss how to proceed in this case. No appearances are required. Counsel must provide a single land line telephone number at which all the parties can be reached. Signed by Judge Tanya S. Chutkan on 7/10/2015. (lctsc2) (Entered: 07/10/2015)
2015-07-13		Set/Reset Hearings: Telephone Conference set for 7/16/2015 at 10:15 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 07/13/2015)
2015-07-13	31	NOTICE of Appearance by John C. Hall on behalf of HALL AND ASSOCIATES (Hall, John) (Entered: 07/13/2015)
2015-07-16		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 7/16/2015. Order to be issued. Status Report due by 8/14/2015. (FTR Time Frame: 10:21:50-10:43:42) (zsm) (Entered: 07/16/2015)
2015-07-16		MINUTE ORDER: Per the agreement of the parties at the July 16, 2015 telephone conference, EPA will consider processing the following modified FOIA request: "The specific documents that EPA may have already gathered during EPA Headquarters' investigation into the Coalition's allegations of science misconduct on specific issues identified in each of the individual FOIA requests." The relevant time period for this request is May 4, 2012 to September 27, 2012. The parties must file a joint status report by August 14, 2015, indicating (1) whether EPA has agreed to process this request; (2) if yes, the status of the EPA's processing of the request; (3) if no, the status of the discussions between the parties; and (4) a proposal for how to move forward in this case. Signed by Judge Tanya S. Chutkan on 7/16/2015. (lctsc2) (Entered: 07/16/2015)
2015-08-11	32	TRANSCRIPT OF 6/3/15 STATUS HEARING before Judge Tanya S. Chutkan, held on June 3, 2015. Page Numbers: 1-11. Date of Issuance: 8/11/15. Court Reporter: Bryan A. Wayne; telephone number: 202-354-3186. Court Reporter Email Address: Bryan_Wayne@dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 9/1/2015. Redacted Transcript Deadline set for 9/11/2015. Release of Transcript Restriction set for 11/9/2015.(Wayne, Bryan) (Entered: 08/11/2015)
2015-08-13	33	STATUS REPORT JOINT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Shoaibi, Alexander) (Entered: 08/13/2015)
2015-08-14		MINUTE ORDER: Having considered the status report 33 filed by the parties, it is hereby ordered that Defendant will provide to Plaintiff any and all non-exempt records responsive to the language of the Court's July 16, 2015 Order and, if necessary, a Vaughn Index showing any responsive documents that may be withheld pursuant to an applicable Freedom of Information Act exemption by no later than September 30, 2015. The Parties shall meet and confer to determine if further action in this litigation is necessary and file a Joint Status Report with the Court along with a proposed order not later than October 9, 2015. Signed by Judge Tanya S. Chutkan on 8/14/15. (DJS) Modified on 8/17/2015 (zsm). (Entered: 08/14/2015)
2015-08-17		Set/Reset Deadlines: Status Report due by 10/9/2015. (zsm) (Entered: 08/17/2015)
2015-09-08		MINUTE ORDER: Denying 25 Motion for Briefing Schedule without prejudice in light of the 07/16/2015 Status Conference and post- Status Conference scheduling orders. Signed by Judge Tanya S. Chutkan on 9/8/15. (DJS) (Entered: 09/08/2015)
2015-09-30	34	Consent MOTION for Extension of Time to Provide Vaughn Index by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 09/30/2015)
2015-10-01		MINUTE ORDER: Granting 34 Consent Motion for Extension of Time. Vaughn Index due October 5, 2015. Signed by Judge Tanya S. Chutkan on 10/1/15. (DJS) (Entered: 10/01/2015)
2015-10-02		Set/Reset Deadlines: Vaughn Index due by 10/5/2015, (tth) (Entered: 10/02/2015)
2015-10-09	35	Joint MOTION for Extension of Time to File Status Report by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 10/09/2015)
2015-10-09		MINUTE ORDER: Granting 35 Joint Motion for Extension of Deadlines. Joint Status Report and proposed order due by October 23, 2015. Signed by Judge Tanya S. Chutkan on 10/9/15. (DJS) (Entered: 10/09/2015)
2015-10-13		Set/Reset Deadlines: Status Report due by 10/23/2015. (zsm) (Entered: 10/13/2015)
2015-10-18		MINUTE ORDER: Denying without prejudice 24 Plaintiff's Motion for Attorney Fees. Plaintiff may seek leave to reopen the motion or file a new motion as circumstances dictate. Signed by Judge Tanya S. Chutkan on 10/18/15. (DJS) (Entered: 10/18/2015)
2015-10-23	36	Joint STATUS REPORT and Parties' Proposed Order(s) by HALL AND ASSOCIATES. (Rosenman, Philip) (Entered: 10/23/2015)
2015-10-26		MINUTE ORDER: A telephone conference is scheduled for Wednesday, November 4, 2015 at 10:00am to discuss the issues and proposed briefing schedules set forth in the parties' October 23, 2015 Joint Status Report (ECF No. 36). No appearances are required. Counsel must provide a single land line telephone number at which all the parties can be reached. Signed by Judge Tanya S. Chutkan on 10/26/13. (lctsc2) (Entered: 10/26/2015)
2015-10-26		Set/Reset Hearings: Telephone Conference set for 11/4/2015 at 10:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 10/26/2015)
2015-11-04		Minute Entry for proceedings held before Judge Tanya S. Chutkan: Telephone Conference held on 11/4/2015. Order to issue. (Court Reporter Bryan Wayne.) (zsm) (Entered: 11/04/2015)
2015-11-04		VACATED PURSUANT TO MINUTE ORDER DATED 12/7/15.....MINUTE ORDER setting briefing schedule: Defendant's Motion for Summary Judgment, Declaration and Vaughn Index due by December 7, 2015; Plaintiff's Opposition to Defendant's Motion for Summary Judgment and, if necessary, COMBINED Cross-Motion for Summary Judgment due by January 7, 2016; Defendant's Reply in Support of its Motion for Summary Judgment and, if necessary, COMBINED Opposition to Plaintiff's Cross-Motion for Summary Judgment due by January 21, 2016; and Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment (if necessary) due by February 8, 2016. Signed by Judge Tanya S. Chutkan on 11/4/15. (lctsc2) Modified on 12/7/2015 (zsm). (Entered: 11/04/2015)
2015-11-04		Set/Reset Deadlines: Vaughn Index due by 12/7/2015. Summary Judgment motion due by 12/7/2015. Response to Motion for Summary Judgment due by 1/7/2016. Reply to Motion for Summary Judgment due by 1/21/2016. Reply due by 2/8/2016. (zsm) (Entered: 11/04/2015)
2015-11-13	37	MOTION for Order reflecting Court's ruling in Nov. 4, 2015 teleconference by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 11/13/2015)
2015-11-30	38	Memorandum in opposition to re 37 MOTION for Order reflecting Court's ruling in Nov. 4, 2015 teleconference filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit May 14, 2015 email, # 2 Exhibit Transcript of November 4, 2015 Status Hearing, # 3 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 11/30/2015)
2015-12-02	39	REPLY to opposition to motion re 37 MOTION for Order reflecting Court's ruling in Nov. 4, 2015 teleconference filed by HALL AND ASSOCIATES. (Rosenman, Philip) (Entered: 12/02/2015)
2015-12-02		ORDER granting 37 Motion for Order. The court's July 16, 2015 Minute Order did not require EPA to identify which of the seven issues set forth in Plaintiff's October 22, 2012 FOIA requests each responsive document addressed. Signed by Judge Tanya S. Chutkan on 12/2/15. (lctsc2) (Entered: 12/02/2015)
2015-12-07	40	STIPULATION (Joint) and Joint Schedule for Further Proceedings by HALL AND ASSOCIATES. (Rosenman, Philip) (Entered: 12/07/2015)
2015-12-07		MINUTE ORDER. The court has reviewed the parties' Joint Stipulation and Schedule for Further Proceedings, as well as the Proposed Order attached thereto 40 . In light of the fact that the parties have stipulated that there is no objective basis to dispute the adequacy of EPA's search and/or assertions of FOIA exemptions with regard to its September 30, 2015 and October 5, 2015 responses and exemption claims, and that there is thus no need for further litigation of those responses and exemption claims, the court hereby VACATES its November 4, 2015 Minute Order setting a summary judgment briefing schedule in this case, and further ORDERS the parties to submit a proposed briefing schedule on the fee award issue by December 23, 2015, if they are unable to otherwise reach an agreement as to the fee award issue before that date. Signed by Judge Tanya S. Chutkan on 12/7/15. (lctsc2) (Entered: 12/07/2015)
2015-12-07		Set/Reset Deadlines: Proposed Briefing Schedule due by 12/23/2015 (zsm) (Entered: 12/07/2015)
2015-12-22	41	PROPOSED BRIEFING SCHEDULE (Joint) by HALL AND ASSOCIATES. (Rosenman, Philip) (Entered: 12/22/2015)
2015-12-23		MINUTE ORDER: Having considered the parties' proposed briefing schedule 41 , it is hereby ordered that: Plaintiff's Motion for an Award of Attorney Fees shall be filed, if at all, by no later than February 3, 2016. Defendant's Response shall be filed by no later than March 10, 2016. Plaintiff's optional Reply shall be filed, if at all, by no later than April 1, 2016. Signed by Judge Tanya S. Chutkan on 12/23/15. (DJS) (Entered: 12/23/2015)
2015-12-28		Set/Reset Deadlines: Motion due by 2/3/2016. Response due by 3/10/2016 Reply due by 4/1/2016. (zsm) (Entered: 12/28/2015)
2016-02-03	42	MOTION for Attorney Fees and Costs by HALL AND ASSOCIATES (Attachments: # 1 Exhibit H&A Motion for Fees - Exs. A-H, # 2 Exhibit H&A Motion for Fees - Exs. I-Q)(Rosenman, Philip) (Entered: 02/03/2016)
2016-03-03	43	Consent MOTION for Extension of Time to File Opposition to Motion for Attorneys' Fees by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Shoaibi, Alexander) (Entered: 03/03/2016)
2016-03-09		MINUTE ORDER: Granting 43 Consent Motion for Extension of Time to Respond to Motion for Fees. Defendant's response due March 24, 2016. Plaintiff's Reply due April 15, 2016. Signed by Judge Tanya S. Chutkan on 3/9/16. (DJS) (Entered: 03/09/2016)
2016-03-09		Set/Reset Deadlines: Response due by 3/24/2016. Reply due by 4/15/2016. (zsm) (Entered: 03/09/2016)
2016-03-24	44	Consent MOTION for Extension of Time to File Opposition to Motion for Attorneys' Fees by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Shoaibi, Alexander) (Entered: 03/24/2016)
2016-03-28	45	Memorandum in opposition to re 42 MOTION for Attorney Fees and Costs filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 03/28/2016)
2016-03-29		MINUTEORDER: Granting 44 Consent Motion for Extension of Time to File Response. Defendant's response due March 28, 2016 and further Plaintiff's reply due April 19, 2016. Signed by Judge Tanya S. Chutkan on 3/29/16.(DJS) (Entered: 03/29/2016)
2016-04-19	46	REPLY to opposition to motion re 42 MOTION for Attorney Fees and Costs filed by HALL AND ASSOCIATES. (Attachments: # 1 Exhibit H&A Fee Reply Exs. Q-V)(Rosenman, Philip) (Entered: 04/19/2016)
2016-04-19	47	MOTION for Entry of Judgment under Rule 54(b) by HALL AND ASSOCIATES (Attachments: # 1 Declaration Declaration of John Hall w/ Attachments)(Hall, John) (Entered: 04/19/2016)
2016-04-20		MINUTE ORDER: Not later than 4/28/16 the parties shall file a Joint Notice advising the court whether they believe the remaining issues in this action can be resolved through mediation, either with a Magistrate Judge or via the Circuit Executive Office's mediation program. Signed by Judge Tanya S. Chutkan on 4/20/16. (DJS) (Entered: 04/20/2016)
2016-04-20		Set/Reset Deadlines: Notice due by 4/28/2016. (zsm) (Entered: 04/20/2016)
2016-04-20		MINUTE ORDER denying Motion for Attorney Fees 42 without prejudice in light of the filing of Plaintiff's Motion for Entry of Judgment under Rule 54(b) 47 . Plaintiff may renew its Motion for Attorney Fees after the court has issued an opinion and order on the Motion for Entry of Judgment under Rule 54(b). Signed by Judge Tanya S. Chutkan on 4/20/16. (lctsc2) (Entered: 04/20/2016)
2016-04-28	48	NOTICE Regarding Mediation (Joint) by HALL AND ASSOCIATES re Order, (Rosenman, Philip) (Entered: 04/28/2016)
2016-04-29		MINUTE ORDER: Not later than 5/19/16 Defendant shall respond to Plaintiff's 47 Motion for Entry of Judgment under Rule 54(b). Plaintiff shall file a reply by 6/2/16. Signed by Judge Tanya S. Chutkan on 4/29/16. (DJS) (Entered: 04/29/2016)
2016-05-02		Set/Reset Deadlines: Response due by 5/19/2016 Reply due by 6/2/2016. (zsm) (Entered: 05/02/2016)
2016-05-13	49	Consent MOTION for Extension of Time to File Opposition to Rule 54(b) Motion for Entry of Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Shoaibi, Alexander) (Entered: 05/13/2016)
2016-05-16		MINUTE ORDER: Granting 49 Consent Motion for Extension of Time to File Reply/Response. Defendant will file its Opposition on or before June 2, 2016. Plaintiff will file its Reply on or before June 21, 2016. Signed by Judge Tanya S. Chutkan on 5/16/16. (DJS) (Entered: 05/16/2016)
2016-05-17		Set/Reset Deadlines: Response due by 6/2/2016. Reply due by 6/21/2016. (zsm) (Entered: 05/17/2016)
2016-06-02	50	Memorandum in opposition to re 47 MOTION for Entry of Judgment under Rule 54(b) filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/02/2016)
2016-06-21	51	REPLY to opposition to motion re 47 MOTION for Entry of Judgment under Rule 54(b) filed by HALL AND ASSOCIATES. (Attachments: # 1 Exhibit Exhibits to H&A's 54(b) Reply)(Hall, John) (Entered: 06/21/2016)
2016-09-27	52	MEMORANDUM AND OPINION re 42 Plaintiff's motion for attorney fees and 47 Plaintiff's motion for reconsideration. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2) (Entered: 09/27/2016)
2016-09-27	53	ORDER denying 47 Plaintiff's Motion for Reconsideration and 42 Plaintiff's Motion for Attorney Fees. It is further ORDERED that this case is DISMISSED with prejudice. Signed by Judge Tanya S. Chutkan on 9/27/2016. (lctsc2) (Entered: 09/27/2016)
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