Skip to content

Case Detail

[Subscribe to updates]
Case TitleCow Palace LLC et al v. United States Environmental Protection Agency et al
DistrictEastern District of Washington
CityYakima
Case Number1:2014cv03104
Date Filed2014-07-31
Date Closed2015-08-20
JudgeJudge Thomas O. Rice
PlaintiffCow Palace LLC
PlaintiffGeorge Deruyter & Son Dairy LLC
PlaintiffLiberty Dairy LLC
Case DescriptionThe EPA and a number of dairy farms entered a consent order concerning nitrate levels in groundwater. The dairies voluntarily provided information to the agency for its investigation. The Community Association for Restoration of the Environment submitted a FOIA request to the EPA for records concerning its communications with the dairy farmers. After receiving some records, CARE eventually filed suit. The EPA made a final determination concerning the records it would release to CARE. The records allegedly contained confidential business information provided by the dairies. The dairies then filed suit to block disclosure.
Complaint issues: Litigation - Reverse-FOIA

DefendantUnited States Environmental Protection Agency
DefendantDennis McLerran
DefendantCommunity Association for Restoration of the Environment Inc a Washington non-profit corporation
TERMINATED: 12/04/2014
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [45]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-311COMPLAINT against All Defendants ( Filing fee $ 400; Receipt # 0980-1876868) Filed by Cow Palace LLC, Liberty Dairy LLC, George Deruyter & Son Dairy LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to EPA, # 3 Summons to Dennis McLerran)(Harrington, Mathew) (Entered: 07/31/2014)
2014-07-312RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Cow Palace LLC. (Harrington, Mathew) (Entered: 07/31/2014)
2014-07-313RULE 7.1 CORPORATE DISCLOSURE STATEMENT by George Deruyter & Son Dairy LLC. (Harrington, Mathew) (Entered: 07/31/2014)
2014-07-314RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Liberty Dairy LLC. (Harrington, Mathew) (Entered: 07/31/2014)
2014-07-315NOTICE by All Plaintiffs re 1 Complaint, Plaintiffs' Request for Status Conference re Motion for Preliminary Injunction (Harrington, Mathew) (Entered: 07/31/2014)
2014-07-31Notice of Judge Assignment. Chief Judge Rosanna Malouf Peterson assigned to case. (JW, Operations Clk) (Entered: 07/31/2014)
2014-07-316Summons Issued as to Dennis McLerran, United States Environmental Protection Agency. (Attachments: # 1 Summons)(JW, Operations Clk) (Entered: 07/31/2014)
2014-08-017CERTIFICATE OF SERVICE as to 6 Summons Issued filed by All Plaintiffs. (Attachments: # 1 Proof of Service to EPA Administrator)(Harrington, Mathew) (Entered: 08/01/2014)
2014-08-218NOTICE of Appearance by Vanessa Ruth Waldref on behalf of United States Environmental Protection Agency (Attorney Vanessa Ruth Waldref added to party United States Environmental Protection Agency(pty:dft))(Waldref, Vanessa) (Entered: 08/21/2014)
2014-10-069United States' ANSWER to Complaint by Dennis McLerran, United States Environmental Protection Agency.(Attorney Vanessa Ruth Waldref added to party Dennis McLerran(pty:dft))(Waldref, Vanessa) (Entered: 10/06/2014)
2014-10-0910SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference SET 11/6/2014 at 02:15 PM before Chief Judge Rosanna Malouf Peterson. (CP, Courtroom Deputy) (Entered: 10/09/2014)
2014-10-2811SCHEDULING CONFERENCE NOTICE - Text entry;no PDF document: DUE TO SCHEDULING CONFLICTS WITH THE COURT'S CALENDAR, the Telephonic Scheduling Conference is RESET for 11/6/2014 at 01:15 PM in Spokane Courtroom 901 Teleconference before Chief Judge Rosanna Malouf Peterson. (TIME CHANGE ONLY). PLEASE REFER TO ECF NO. 10 FOR ALL OTHER INSTRUCTIONS.(CP, Courtroom Deputy) (Entered: 10/28/2014)
2014-10-3012LR 26.1 / LR 16.1 Attorney Report by United States Environmental Protection Agency. (Waldref, Vanessa) (Entered: 10/30/2014)
2014-10-3113ORDER OF REASSIGNMENT. Case reassigned to Judge Thomas O. Rice for all further proceedings. Chief Judge Rosanna Malouf Peterson no longer assigned to case. Signed by Chief Judge Rosanna Malouf Peterson. (LR, Case Administrator) (Entered: 10/31/2014)
2014-11-0314NOTICE RESETTING HEARING BY COURT *TIME ONLY*. The Telephonic Scheduling Conference set for 11/6/2014 at 1:15 p.m. is RESET TO 11/6/2014 AT 9:45 a.m. before Judge Thomas O. Rice. The parties are directed to call the Court's toll-free conference line at (888) 684-8852 five (5) minutes prior to the designated hearing time. When prompted, enter Access Code 8204178 and Security Code 3104. Counsel are reminded that the use of cellular or speaker phones is not permitted during telephonic hearings. TEXT ONLY NOTICE; NO PDF WILL ISSUE. (BF, Judicial Assistant) (Entered: 11/03/2014)
2014-11-0415MOTION to Intervene by Community Association for Restoration of the Environment Inc. Motion Hearing set for 12/4/2014 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Proposed Answer, # 2 Text of Proposed Order)(Rodgers Harris, Andrea) (Entered: 11/04/2014)
2014-11-0416DECLARATION by Helen Reddout in Support re 15 MOTION to Intervene filed by Community Association for Restoration of the Environment Inc. (Rodgers Harris, Andrea) (Entered: 11/04/2014)
2014-11-0417DECLARATION by Charles M. Tebbutt in Support re 15 MOTION to Intervene filed by Community Association for Restoration of the Environment Inc. (Rodgers Harris, Andrea) (Entered: 11/04/2014)
2014-11-0418Additional Attachments to Main Document re 17 Declaration in Support of Motion by Community Association for Restoration of the Environment Inc. (Rodgers Harris, Andrea) (Entered: 11/04/2014)
2014-11-0419MOTION for Leave to File Excess Pages by Community Association for Restoration of the Environment Inc. Motion Hearing set for 12/4/2014 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Rodgers Harris, Andrea) (Entered: 11/04/2014)
2014-11-0520ORDER granting 19 Motion for Leave to File Excess Pages. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 11/05/2014)
2014-11-0621Stipulated MOTION for Entry of Order Barring Release of Disputed Documents Pending Resolution on Merits by All Plaintiffs. Motion Hearing set for 12/8/2014 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Harrington, Mathew) (Entered: 11/06/2014)
2014-11-0622Minute Entry for TELEPHONIC proceedings held before Judge Thomas O. Rice: Scheduling Conference held on 11/6/2014. (Recorded by: FTR/S-903) (LLH, Courtroom Deputy) Minutes amended 11/6/2014 to correct caption (LLH, Courtroom Deputy). (Entered: 11/06/2014)
2014-11-0623SCHEDULING ORDER FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 11/06/2014)
2014-11-0724ORDER BARRING RELEASE OF DISPUTED DOCUMENTS PENDING RESOLUTION ON MERITS. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) STRICKEN pursuant to 45 (Entered: 11/07/2014)
2014-11-1825RESPONSE to Motion re 15 MOTION to Intervene filed by Dennis McLerran, United States Environmental Protection Agency. (Waldref, Vanessa) (Entered: 11/18/2014)
2014-11-1826NOTICE of Association of Counsel by David A Linehan on behalf of All Plaintiffs (Attorney David A Linehan added to party Cow Palace LLC(pty:pla), Attorney David A Linehan added to party George Deruyter & Son Dairy LLC(pty:pla), Attorney David A Linehan added to party Liberty Dairy LLC(pty:pla))(Linehan, David) (Entered: 11/18/2014)
2014-11-1827RESPONSE to Motion re 15 MOTION to Intervene filed by All Plaintiffs. (Linehan, David) (Entered: 11/18/2014)
2014-11-2528NOTICE of Appearance by Charles M Tebbutt on behalf of Community Association for Restoration of the Environment Inc (Attorney Charles M Tebbutt added to party Community Association for Restoration of the Environment Inc(pty:intvd))(Tebbutt, Charles) (Entered: 11/25/2014)
2014-11-2529REPLY MEMORANDUM re 15 MOTION to Intervene filed by Community Association for Restoration of the Environment Inc. (Tebbutt, Charles) (Entered: 11/25/2014)
2014-12-0430ORDER denying 15 Motion to Intervene. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 12/04/2014)
2015-01-0931Joint MOTION for Extension of Time to File Administrative Record Under Seal by Dennis McLerran, United States Environmental Protection Agency. Motion Hearing set for 1/16/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 01/09/2015)
2015-01-0932MOTION to Expedite Hearing on Joint Motion for Extension of Time to File Administrative Record Under Seal by Dennis McLerran, United States Environmental Protection Agency. Motion Hearing set for 1/16/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 01/09/2015)
2015-01-1233ORDER granting 32 Motion to Expedite. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 01/12/2015)
2015-01-1234ORDER granting 31 Motion for Extension of Time to File Administrative Record Under Seal. The United States shall file the Administrative Record in this matter under seal no later than 1/23/2015. TEXT ONLY ORDER; NO PDF WILL ISSUE. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 01/12/2015)
2015-01-2235Joint MOTION to Stay re 34 Order on Motion for Extension of Time to File, 23 Scheduling Order by United States Environmental Protection Agency. Motion Hearing set for 1/23/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 01/22/2015)
2015-01-2236MOTION to Expedite noted for 1/23/2015, 6:30 p.m. by United States Environmental Protection Agency. Motion Hearing set for 1/29/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Waldref, Vanessa) (Entered: 01/22/2015)
2015-02-0437ORDER granting 35 Joint Motion to Stay Proceedings and 36 Motion to Expedite. This matter is stayed for 90 days. The parties shall file a joint status report no later than 4/28/2015 advising the Court how the parties intend to proceed in this matter. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 02/04/2015)
2015-04-0838NOTICE of Association of Counsel by Olivia E Gonzalez on behalf of All Plaintiffs (Attorney Olivia E Gonzalez added to party Cow Palace LLC(pty:pla), Attorney Olivia E Gonzalez added to party George Deruyter & Son Dairy LLC(pty:pla), Attorney Olivia E Gonzalez added to party Liberty Dairy LLC(pty:pla))(Gonzalez, Olivia) (Entered: 04/08/2015)
2015-04-0839NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Plaintiffs Cow Palace LLC, George Deruyter & Son Dairy LLC, Liberty Dairy LLC. Attorney David Linehan is withdrawing. Olivia E Gonzalez is substituted as counsel for Plaintiffs. (Gonzalez, Olivia) (Entered: 04/08/2015)
2015-04-2840Joint MOTION to Stay in Lieu of Joint Status Report by All Plaintiffs. Motion Hearing set for 5/28/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Olivia) (Entered: 04/28/2015)
2015-06-0541ORDER granting 40 Second Joint Motion to Stay Proceedings. The parties shall file a joint status report no later than 8/4/2015 advising the Court how the parties intend to proceed in this matter. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 06/05/2015)
2015-08-0442Joint MOTION to Stay in Lieu of Joint Status Report by Community Association for Restoration of the Environment Inc, Cow Palace LLC, George Deruyter & Son Dairy LLC, Liberty Dairy LLC. Motion Hearing set for 9/3/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Harrington, Mathew) (Entered: 08/04/2015)
2015-08-0643ORDER: The parties Joint Motion to Stay Proceedings ECF No. 42 is GRANTED. This matter is STAYED until 8/18/2015. All deadlines set forth in the Courts Scheduling Order ECF No. 23 are VACATED. The parties shall file a joint status report no later than 8/18/2015 advising the Court how the parties intend to proceed in this matter. TEXT ONLY ORDER; NO PDF DOCUMENT. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 08/06/2015)
2015-08-1844Joint MOTION to Dismiss by Defendants and by Cow Palace LLC, George Deruyter & Son Dairy LLC, Liberty Dairy LLC. Motion Hearing set for 9/17/2015 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Harrington, Mathew) (Entered: 08/18/2015)
2015-08-2045ORDER granting 44 the parties' Stipulated Motion to Dismiss. All claims and causes of action are DISMISSED without prejudice and without an award of costs or fees to any party. The Order Barring Release of the Disputed Documents Pending Resolution on the Merits 24 is STRICKEN. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant) (Entered: 08/20/2015)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar