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Case TitleMCDOWELL v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv02117
Date Filed2014-12-15
Date Closed2016-01-19
JudgeJudge Richard J. Leon
PlaintiffGREGORY MCDOWELL
Case DescriptionGregory McDowell, an employee of EPA's Criminal Investigation Division, submitted a FOIA request to EPA for an Inspector General's report of the results of an investigation based on McDowell's complaint that the agency had used false allegations against him after he had testified in another agent's EEO case. The agency acknowledged receipt of the request, but although there were further back and further email exchanges, the agency had not provided a response to the request. McDowell submitted a second FOIA request for a memo sent by his supervisor to the Office of the U.S. Attorney in five districts, which McDowell claimed had impaired his ability to work effectively. The agency acknowledged the receipt of the request and denied access under Exemption 5 (deliberative process privilege). McDowell filed an administrative appeal, but heard nothing further. McDowell then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-151COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-3936032) filed by GREGORY MCDOWELL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Dinerstein, Paula) (Entered: 12/15/2014)
2014-12-15Case Assigned to Judge Richard J. Leon. (md, ) (Entered: 12/15/2014)
2014-12-152SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Notice of Consent, # 4 Consent Form) (md, ) (Entered: 12/15/2014)
2014-12-163STANDING ORDER. Signed by Judge Richard J. Leon on 12/16/2014. (lcrjl3) (Entered: 12/16/2014)
2015-01-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/20/2015. Answer due for ALL FEDERAL DEFENDANTS by 2/19/2015. (Dinerstein, Paula) (Entered: 01/26/2015)
2015-01-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 1/20/2015 (Dinerstein, Paula) (Entered: 01/26/2015)
2015-01-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/27/2015. (Dinerstein, Paula) (Entered: 01/29/2015)
2015-01-307NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 01/30/2015)
2015-02-138Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Kolsky, Joshua) (Entered: 02/13/2015)
2015-02-16MINUTE ORDER granting 8 Consent Motion for Extension of Time to Respond to Complaint. It is hereby ORDERED that defendant's motion is GRANTED; it is further ORDERED that defendant's response to the complaint shall be filed on or before 3/23/2015. Signed by Judge Richard J. Leon on 2/16/2015. (lcrjl3) (Entered: 02/16/2015)
2015-02-18Set/Reset Deadlines: Answer due by 3/23/2015. (tb, ) (Entered: 02/18/2015)
2015-03-239ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Kolsky, Joshua) (Entered: 03/23/2015)
2015-05-0610MEET AND CONFER STATEMENT. (Kolsky, Joshua) (Entered: 05/06/2015)
2015-05-0811MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 05/08/2015)
2015-05-1512SCHEDULING ORDER : Upon consideration of the parties' 11 Meet and Confer Statement; it is hereby ordered that defendant's Summary Judgment motions due by 7/27/2015. Response/Cross Motions due by 9/25/2015. Reply/Response to Motion for Summary Judgment due by 10/23/2015. Reply to Cross Motions due by 11/20/2015. Signed by Judge Richard J. Leon on 05/15/15. (tb, ) (Entered: 05/15/2015)
2015-07-2313Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 07/23/2015)
2015-07-31MINUTE ORDER granting nunc pro tunc 13 Consent Motion for Extension of Time to File Summary Judgment Motion. It is hereby ORDERED that the following schedule will govern summary judgment briefing: (1) defendant has up to and including August 26, 2015 to file its motion for summary judgment; (2) plaintiff has up to and including October 26, 2015 to file its opposition to defendant's motion for summary judgment and its cross-motion for summary judgment; (3) defendant has up to and including November 23, 2015 to file its opposition to plaintiff's motion for summary judgment and its reply; and (4) plaintiff has up to and including December 21, 2015 to file its reply. Signed by Judge Richard J. Leon on 7/31/15. (lcrjl3, ) (Entered: 07/31/2015)
2015-07-31Set/Reset Deadlines: Cross Motions due by 10/26/2015. Response to Cross Motions due by 11/23/2015. Reply to Cross Motions due by 12/21/2015. Summary Judgment motions due by 8/26/2015. Response to Motion for Summary Judgment due by 10/26/2015. Reply to Motion for Summary Judgment due by 11/23/2015. (tb) (Entered: 07/31/2015)
2015-08-2514Consent MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/25/2015)
2015-08-28MINUTE ORDER granting nunc pro tunc 14 Consent Motion for Extension of Time to File Summary Judgment Motion. It is hereby ORDERED that the following schedule will govern summary judgment briefing: (1) defendant has up to and including September 3, 2015 to file its motion for summary judgment; (2) plaintiff has up to and including November 2, 2015 to file its opposition to defendant's motion for summary judgment and its cross-motion for summary judgment; (3) defendant has up to and including November 30, 2015 to file its opposition to plaintiff's motion for summary judgment and its reply; and (4) plaintiff has up to and including December 28, 2015 to file its reply. Signed by Judge Richard J. Leon on 8/28/15. (lcrjl3, ) (Entered: 08/28/2015)
2015-08-31Set/Reset Deadlines: Cross Motions due by 11/2/2015. Response to Cross Motions due by 11/30/2015. Reply to Cross Motions due by 12/28/2015. Summary Judgment motions due by 9/3/2015. Response to Motion for Summary Judgment due by 11/2/2015. Reply to Motion for Summary Judgment due by 11/30/2015. (tb) (Entered: 08/31/2015)
2015-09-0315Consent MOTION for Extension of Time to File Summary Judgment Motion by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/03/2015)
2015-09-0416MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration (Levine Declaration and Exhibits), # 2 Declaration (Seaton Declaration and Exhibits), # 3 Exhibit A (Vaughn Index), # 4 Text of Proposed Order)(Kolsky, Joshua) (Entered: 09/04/2015)
2015-09-04MINUTE ORDER granting nunc pro tunc 15 Consent Motion for Extension of Time to File Summary Judgment Motion. It is hereby ORDERED that the following schedule will govern summary judgment briefing: (1) defendant has up to and including September 4, 2015 to file its motion for summary judgment; (2) plaintiff has up to and including November 3, 2015 to file its opposition to defendant's motion for summary judgment and its cross-motion for summary judgment; (3) defendant has up to and including December 1, 2015 to file its opposition to plaintiff's motion for summary judgment and its reply; and (4) plaintiff has up to and including December 29, 2015 to file its reply. Signed by Judge Richard J. Leon on 9/4/15. (lcrjl3, ) (Entered: 09/04/2015)
2015-09-10Set/Reset Deadlines: Cross Motions due by 11/3/2015. Response to Cross Motions due by 12/1/2015. Reply to Cross Motions due by 12/29/2015. Summary Judgment motions due by 9/4/2015. Response to Motion for Summary Judgment due by 11/3/2015. Reply to Motion for Summary Judgment due by 12/1/2015. (tb) (Entered: 09/10/2015)
2015-11-0317Consent MOTION to Stay by GREGORY MCDOWELL (Dinerstein, Paula) (Entered: 11/03/2015)
2015-11-04MINUTE ORDER: Upon consideration of plaintiff's 17 Consent Motion to Stay, it is hereby ORDERED that plaintiff has up to and including November 17, 2015 to file its opposition to defendant's motion for summary judgment, and defendant has up to and including December 15, 2015 to file its reply. Signed by Judge Richard J. Leon on 11/4/15. (lcrjl3, ) (Entered: 11/04/2015)
2015-11-05Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/17/2015. Reply to Motion for Summary Judgment due by 12/15/2015. (tb) (Entered: 11/05/2015)
2015-11-1618Consent MOTION to Stay by GREGORY MCDOWELL (Dinerstein, Paula) (Entered: 11/16/2015)
2015-11-30MINUTE ORDER: Upon consideration of plaintiff's 18 Second Consent Motion to Stay, it is hereby ORDERED that plaintiff has up to and including December 17, 2015 to file its opposition to defendant's motion for summary judgment, and defendant has up to and including January 14, 2016 to file its reply. Signed by Judge Richard J. Leon on 11/30/15. (lcrjl3, ) (Entered: 11/30/2015)
2015-12-03Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/17/2015. Reply to Motion for Summary Judgment due by 1/14/2016. (tb) (Entered: 12/03/2015)
2015-12-1719Unopposed MOTION to Stay re Set/Reset Deadlines by GREGORY MCDOWELL (Dinerstein, Paula) (Entered: 12/17/2015)
2015-12-17MINUTE ORDER: Upon consideration of plaintiff's 19 Third Unopposed Motion for Stay, it is hereby ORDERED that plaintiff has up to and including January 18, 2016 to file its opposition to defendant's motion for summary judgment, and defendant has up to and including February 15, 2016 to file its reply. Signed by Judge Richard J. Leon on 12/17/15. (lcrjl3, ) (Entered: 12/17/2015)
2015-12-23Set/Reset Deadlines: Response to Motion for Summary Judgment due by 1/18/2016. Reply to Motion for Summary Judgment due by 2/15/2016. (tb) (Entered: 12/23/2015)
2016-01-0820STIPULATION of Settlement and Order of Dismissal by GREGORY MCDOWELL. (Dinerstein, Paula) (Entered: 01/08/2016)
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