Case Detail

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the EPA failed to show it conducted an adequate search for records concerning the design phase of its EPAct Study on fuel effects on auto emissions, but that it had properly withheld 198 records under Exemption 5 (privileges), as well as withholdings made under Exemption 4 (confidential business information) and Exemption 6 (invasion of privacy). The Urban Air Initiative and the Energy Future Coalition requested the records. The EPA disclosed more than 4,000 documents in full or in part, but the plaintiffs only challenged the agency's Exemption 5 claims. However, Jackson pointed out that the D.C, Circuit's ruling in Winston & Strawn v. McLean, 843 F.3d 503 (D.C. Cir. 2016), a non-FOIA procedural decision holding that the burden of proof rested with the party moving for summary judgment, required her to determine whether the agency's search was adequate, as well as the sufficiency of its Exemption 4 and Exemption 6 claims. The EPA contended that the design phase ended on March 3, 2009, but the plaintiffs argued that the design phase continued for another 37 weeks until the final vehicles were chosen for testing. Jackson sided with the plaintiffs, finding the agency had inappropriately narrowed the date scope of the request. She pointed out that "while plaintiffs clearly narrowed their request to distinguish records related to the design of the tests to be utilized from the results of the tests themselves, the request is broad enough to cover any efforts to fine turn and finalize the design of the study that may have occurred even after some initial testing had begun. EPA's search was incomplete because, even though March 12, 2009, may have marked the start of testing, it did not necessarily signal a complete end to design." She also faulted the agency for failing to explain why it did not use certain search terms specified by the plaintiffs. She observed that "plaintiffs sought documentation related to a number of topics, many of which were included as search terms. However, some topics, such as 're-design of fuel matrices,' were not included in the search in any way, and the declaration does not attempt to explain why this is the case." Relying on Petroleum Information Corp. v. Dept of Interior, 976 F.2d 1429 (D.C. Cir. 1992), a case in which the D.C. Circuit ruled that public records information about properties was not privileged merely because it was inserted into a database being developed by the agency, the plaintiffs argued that Exemption 5 did not apply to the development of scientific data. Jackson found the case was not relevant to the circumstances here since Congress had given the EPA considerably more leeway on how to conduct the study of fuel effects. She noted that "all of these choices were committed to the expertise and judgment of EPA, and the fact that the internal discussions leading up to the final conclusions entailed considerations of scientific principles does not mean that those discussions were not 'deliberative.'" Jackson added that "agency personnel engaged in extended discussions and analysis in order to execute the study, and EPA did far more that merely 'reorganize and repackage a mass of dispersed public information.'"
Issues: Exemption 5 - Privileges, Adequacy - Search

FOIA Project Annotation: Judge Amy Berman Jackson has ruled that the Urban Air Initiative is entitled to attorney's fees for its FOIA litigation against the EPA but has greatly reduced its nearly $190,000 fee request to a total of $75,400. The Urban Air Initiative, an organization promoting the benefit of ethanol fuels, made a FOIA request to the EPA for records concerning MOVES2014, an emissions model used by the EPA to measure the effects of individual fuel properties on emissions from vehicles. The data collection was mandated by the Energy Policy Act of 2005. UAI disagreed with the EPA's finding that ethanol use increased air pollution, and along with the States of Kansas and Nebraska, filed suit in the D.C. Circuit, claiming the model was faulty. UAI then submitted a FOIA request for records concerning the EPAct study. The EPA told UAI that there were 83,000 potentially responsive records at an estimated cost of $24,000. UAI subsequently agreed to limit the search to 36,000 potentially responsive records and agreed to pay $18,000 in costs. Four months after UAI filed suit, the EPA proposed a production schedule for records. UAI disagreed with the agency's proposal and a month later Berman Jackson issued a production schedule ordering the agency to provide non-exempt records in four weekly disclosures. Pursuant to that order, the agency disclosed more than 4,000 records. The agency eventually produced several thousand more records. The parties stipulated to a dismissal in February 2019. UAI then filed a motion for attorney's fees in May 2019. Berman Jackson agreed that UAI had substantially prevailed by securing a court order. The EPA characterized these orders as no more than procedural, but Berman Jackson disagreed, pointing out that "as part of its ruling, the Court ordered defendants to conduct a more thorough search, provide more detailed justification for the adequacy of its searches, and release any reasonably non-exempt records consistent with FOIA. As a result of this order, defendant submitted a status report indicating that it was in the process of reviewing records from the revised search, and it proposed a schedule to release those records. . .Though defendant characterizes this ruling as 'marginal,' it substantially altered the state of the relationship between the parties, and it resulted in the production of an additional 1,140 records â€" a number equal to a quarter of the total number of records produced." Having found that UAI had substantially prevailed, Berman Jackson examined whether it was entitled to a fee award. The EPA argued that UAI had not shown any public interest in the disclosure of records that would become public anyway. But Berman Jackson pointed out that "plaintiffs' request did not focus on the published results of the study; rather it sought information not available to the public. . .Plaintiffs sought to uncover errors or 'influence' in the study's design, and such information would be of interest to the multiple stakeholders involved in and affected by matters of national environmental policy and public health." Because UAI was connected to ICM, an ethanol plant construction company, EPA argued that its motivation for making the request was commercial. While Berman Jackson acknowledged UAI's ties to the ethanol industry, she noted that "significantly, defendant does not argue that plaintiff UAI, a nonprofit organization, was seeking to benefit itself commercially, but it suggest that the goal of the FOIA action was to benefit ICM commercially, which in turn would allegedly benefit UAI. But UAI's ambit and public advocacy extends beyond its relationship with ICM. In submitting the FOIA request, it advanced several public and policy-oriented goals, and once UAI received the documents, it made the requested information available to the public." EPA also argued that UAI's separate court challenge to the emission data provided a commercial motive as well. Calling this a closer question, Berman Jackson explained that case law finding that related litigation was a commercial factor was based on the likelihood of a fee award in the separate litigation. She indicated that was not the case here, but observed that "because plaintiffs made it clear that they requested the documents to aid their judicial challenge, the Court finds that these factors do weigh in some small measure against plaintiffs, and all of these circumstances will bear on the Court's discretion in fashioning an award." She found the agency's behavior was not reasonable. She noted that "while defendant did not ignore plaintiffs, and its behavior cannot fairly be described as 'recalcitrant' or 'obdurate,' it was not especially responsive either." After finding that hourly rates should be calculated using the USAO Matrix, Berman Jackson reduced UAI's fee award dramatically, awarding $65,000 for the litigation itself, and $10,000 for the litigation related to the fee award.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Commercial interest

Date Filed	Doc #	Docket Text
2015-08-17	1	COMPLAINT against ENERGY FUTURE COALITION ( Filing fee $ 400 receipt number 0090-4212240) filed by URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Declaration, # 4 Summons)(White, Adam) (Entered: 08/17/2015)
2015-08-17		Case Assigned to Judge Amy Berman Jackson. (sth) (Entered: 08/17/2015)
2015-08-17	2	SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 08/17/2015)
2015-10-21	3	NOTICE of Appearance by Adam R.F. Gustafson on behalf of All Plaintiffs (Gustafson, Adam) (Entered: 10/21/2015)
2015-10-23	4	Consent MOTION for Extension of Time to Respond to Complaint by ENVIRONMENTAL PROTECTION AGENCY (Truong, John) (Entered: 10/23/2015)
2015-10-26		MINUTE ORDER granting 4 Motion for Extension of Time. Defendant shall have until November 12, 2015 to respond to the complaint in this case. Signed by Judge Amy Berman Jackson on 10/26/2015. (lcabj2) (Entered: 10/26/2015)
2015-10-28		Set/Reset Deadlines: Defendant's Response to the Complaint is now due by 11/12/2015. (jth) (Entered: 10/28/2015)
2015-11-12	5	ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Truong, John) (Entered: 11/12/2015)
2015-11-13	6	ORDER. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiffs on or before December 11, 2015. Signed by Judge Amy Berman Jackson on 11/13/2015. (lcabj2) (Entered: 11/13/2015)
2015-11-13		Set/Reset Deadlines: Defendant's Dispositive Motion or, in the alternative, a report setting forth the schedule according to which it will complete its production of documents to Plaintiffs is due by 12/11/2015. (jth) (Entered: 11/13/2015)
2015-12-11	7	STATUS REPORT and Document Production Schedule by ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 12/11/2015)
2015-12-14		MINUTE ORDER. In light of the representations contained in 7 defendant's status report and proposed production schedule, it is ORDERED that plaintiffs shall inform the Court of the grounds for their objections to the proposed schedule and provide specifics of what they would propose instead by noon on December 18, 2015. Signed by Judge Amy Berman Jackson on 12/14/2015. (lcabj2) (Entered: 12/14/2015)
2015-12-14		Set/Reset Deadlines: Plaintiffs' shall inform the Court of the grounds for their objections to Defendant's proposed schedule and provide specifics of what they would propose instead by 12:00 Noon on 12/18/2015. (jth) (Entered: 12/14/2015)
2015-12-15	8	RESPONSE re 7 Status Report and Document Production Schedule filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Exhibit)(Gustafson, Adam) (Entered: 12/15/2015)
2015-12-21	9	ORDER REFERRING CASE for Mediation to Magistrate Judge Alan Kay. In light of the issues raised in the parties' recent filings regarding defendant's proposed production schedule, it is ORDERED that this matter is referred to Magistrate Judge Alan Kay for mediation purposes to commence on December 21, 2015. The parties shall file a report advising the Court of the status of the mediation by January 29, 2016. See Order for details. Signed by Judge Amy Berman Jackson on 12/21/2015. (lcabj2) (Entered: 12/21/2015)
2015-12-21		CASE DIRECTLY REFERRED to Magistrate Judge Alan Kay for Mediation. (sth) (Entered: 12/22/2015)
2015-12-23		Set/Reset Deadlines: The parties shall file a report advising the Court of the Status of the Mediation by 1/29/2016. (jth) (Entered: 12/23/2015)
2015-12-23		MINUTE ORDER: Settlement Conference set for 12/23/2015 at 02:00 PM in Chambers [room 2333] before Magistrate Judge Alan Kay. Signed by Magistrate Judge Alan Kay on 12/23/15. (DM) (Entered: 12/23/2015)
2015-12-23		Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 12/23/2015. (DM) (Entered: 01/05/2016)
2016-01-05		Minute Entry for proceedings held before Magistrate Judge Alan Kay: Settlement Conference held on 1/5/2016. (DM) (Entered: 01/05/2016)
2016-01-07	10	STATUS REPORT and Renewed Proposal for FOIA Production Schedule by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 01/07/2016)
2016-01-11		MINUTE ORDER. On December 21, 2015, the Court referred this matter for mediation and ordered that a joint status report be filed by January 29, 2016. 9 Order (Dec. 21, 2015). On January 7, 2016, plaintiff unilaterally submitted its own 10 status report instead. It is therefore ORDERED that defendant shall provide the Court with its current proposed schedule for the production of responsive records by January 12, 2016. Signed by Judge Amy Berman Jackson on 1/11/2016. (lcabj2) (Entered: 01/11/2016)
2016-01-11		Set/Reset Deadlines: Defendant shall provide the Court with its current proposed schedule for the production of responsive records by 1/12/2016. (jth) (Entered: 01/11/2016)
2016-01-12	11	STATUS REPORT Pursuant to The Court's January 11, 2016 Minute Order by GINA MCCARTHY. (Attachments: # 1 Exhibit A)(Truong, John) (Entered: 01/12/2016)
2016-01-13	12	REPLY re 11 Status Report filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 01/13/2016)
2016-01-13		MINUTE ORDER. After consideration of all of the matters set forth in all of the pleadings, the Court will exercise its authority to supervise and oversee production, see Citizens for Responsibility & Ethics in Washington v. FEC, 711 F.3d 180, 189 (D.C. Cir. 2013), by issuing the following schedule. It is ORDERED that defendant shall review and produce responsive, non-exempt, and non-CBI records to plaintiffs on a rolling basis on January 15, 2016, January 29, 2016, February 15, 2016, and February 29, 2016, and it shall produce all responsive CBI records not entitled to confidential treatment by May 31, 2016. It is FURTHER ORDERED that of the more than 15,000 records that have already been identified, defendant shall review and produce responsive emails first. The law is clear that it is not improper for a party to utilize FOIA to obtain records from the government for use in litigation. See, e.g., North v. Walsh, 881 F.2d 1088, 1096 (D.C. Cir. 1989) (rejecting agency's contention that the plaintiff was improperly using FOIA "as an adjunct discovery device" and emphasizing that "[t]he plaintiff's rights in a FOIA action do not depend on his or her identity" as a private litigant). But since the related matter pending before the D.C. Circuit is a challenge to administrative action that will be decided based upon the administrative record, and even plaintiffs' proposed schedule would provide for the completion of production after the date the oral argument in that case is scheduled, the Court does not believe that the February 11 date has a significant bearing upon what the schedule of production in this case should be. The complaint alleges that there was a delay in initiating any production at all, and that delay prompted this law suit, so given the time that plaintiffs have been waiting, the material that is of most importance to the plaintiffs should be produced first. But since the defendant is now making diligent efforts to comply with its statutory obligations, and it has modified the schedule it originally proposed to set interim milestones that require two partial productions in January, the Court will not order the defendant to accelerate the pace of production further. Defendant shall submit reports to the Court updating it on the status of the rolling production on February 1, 2016, March 1, 2016, and June 1, 2016, and those reports should indicate the number of records reviewed, the number produced, and the number of any records withheld in full or in part. On June 13, 2016, the parties shall submit a joint status report identifying any issues that remain to be resolved and proposing a schedule for further proceedings, if any. The defendant is not obliged to prepare a Vaughn index or to submit materials related to the adequacy of the search pending further order of the Court. Finally, the mediation referral in this case is hereby terminated and the requirement of the January 29, 2016 status report set in the Court's January 11, 2016 Minute Order is vacated. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/13/2016. (lcabj2) (Entered: 01/13/2016)
2016-01-13		Set/Reset Deadlines: Defendant shall submit Reports, updating the Court on the status of the rolling production on 2/1/2016, 3/1/2016, and 6/1/2016. Those reports should indicate the number of records reviewed, the number produced, and the number of any records withheld in full or in part. On 6/13/2016, the parties shall submit a Joint Status Report identifying any issues that remain to be resolved and Proposing a Schedule for further proceedings, if any.(jth) (Entered: 01/13/2016)
2016-02-01	13	STATUS REPORT by GINA MCCARTHY. (Truong, John) (Entered: 02/01/2016)
2016-03-01	14	STATUS REPORT by GINA MCCARTHY. (Truong, John) (Entered: 03/01/2016)
2016-03-02		MINUTE ORDER. Defendant shall submit a further status report on June 1, 2016, as outlined in the Court's Minute Order of January 13, 2016. Signed by Judge Amy Berman Jackson on 3/2/2016. (lcabj2) (Entered: 03/02/2016)
2016-03-02		Set/Reset Deadlines: Status Report due by 6/1/2016. (tb) (Entered: 03/02/2016)
2016-05-20	15	Unopposed MOTION for Extension of Time to produce Plaintiff's records under the Freedom of Information Act by GINA MCCARTHY (Truong, John) (Entered: 05/20/2016)
2016-05-23		MINUTE ORDER granting 15 Motion for Extension of Time. The schedule in place in this matter is hereby modified as follows: on or before May 25, 2016, defendant shall produce any records for which affected businesses have waived confidential treatment; on or before May 31, 2016, defendant shall complete its confidentiality business determinations associated with plaintiffs' FOIA request; on or before June 22, 2016, defendant shall produce any additional records not entitled to confidential treatment; on or before June 23, 2016, defendant shall submit a report to the Court updating it on the status of its production; and on or before July 5, 2016, the parties shall submit a joint status report identifying any issues that remain to be resolved. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/23/2016. (lcabj2) (Entered: 05/23/2016)
2016-05-24		Set/Reset Deadlines: By 6/23/2016, Defendant shall submit a Report to the Court updating it on the Status of its Production; by 7/5/2016, the parties shall submit a Joint Status Report identifying any issues that remain to be resolved. (jth) (Entered: 05/24/2016)
2016-06-23	16	STATUS REPORT by GINA MCCARTHY. (Truong, John) (Entered: 06/23/2016)
2016-07-05	17	Joint STATUS REPORT by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 07/05/2016)
2016-07-05		MINUTE ORDER. In consideration of 17 the parties' joint status report and their respective positions on the schedule to be imposed in this matter, it is ORDERED that defendant shall complete its review of the documents withheld pursuant to Exemption (b)(5) by July 15, 2016; defendant shall file its motion for summary judgment by August 19, 2016; plaintiffs shall file their combined opposition and cross-motion for summary judgment (with a single combined memorandum in support) by September 16, 2016; defendant shall file its combined reply and cross-opposition by October 14, 2016; and plaintiffs shall file their cross-reply by October 28, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/5/2016. (lcabj2) (Entered: 07/05/2016)
2016-07-06		Set/Reset Deadlines: Defendant shall complete its review of the documents withheld pursuant to Exemption (b)(5) by 7/15/2016; Defendants Motion for Summary Judgment is due by 8/19/2016; Plaintiffs Combined Opposition and Cross-Motion for Summary Judgment (with a single combined memorandum in support) is due by 9/16/2016; Defendants Combined Reply and Cross-Opposition is due by 10/14/2016; Plaintiffs Cross-Reply is due by 10/28/2016. (jth) (Entered: 07/06/2016)
2016-08-14	18	Consent MOTION to Modify July 5, 2016 Scheduling Order by GINA MCCARTHY (Truong, John) (Entered: 08/14/2016)
2016-08-15		MINUTE ORDER granting 18 Motion to Modify. Defendant shall file its motion for summary judgment by September 2, 2016; plaintiffs shall file their combined opposition and cross-motion for summary judgment (with a single combined memorandum in support) by September 30, 2016; defendant shall file its combined reply and cross-opposition by October 28, 2016; and plaintiffs shall file their cross-reply by November 11, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/15/2016. (lcabj2) (Entered: 08/15/2016)
2016-08-15		Set/Reset Deadlines: Defendants Motion for Summary Judgment is due by 9/2/2016; Plaintiffs Combined Opposition and Cross-Motion for Summary Judgment (with a single combined memorandum in support) is due by 9/30/2016; Defendants Combined Reply and Cross-Opposition is due by 10/28/2016; Plaintiffs Cross-Reply is due by 11/11/2016. (jth) (Entered: 08/15/2016)
2016-09-02	19	MOTION for Summary Judgment by GINA MCCARTHY (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Kathryn Sargeant, # 4 Exhs A to I, # 5 Exhs J to T, # 6 Exhs U to II, # 7 Exhs JJ to KK, # 8 Exhs LL to RR, # 9 Exh SS to WW, # 10 Exh XX, # 11 Vaughn Index (Exh HH), # 12 Declaration of Ronald Kalmbach)(Truong, John) (Entered: 09/02/2016)
2016-09-22	20	Consent MOTION for Extension of Time to File a Combined Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 09/22/2016)
2016-09-23		MINUTE ORDER granting 20 Motion for Extension of Time. Plaintiffs shall file their combined opposition and cross-motion for summary judgment (with a single combined memorandum in support) by October 14, 2016; defendant shall file its combined reply and cross-opposition by November 17, 2016; and plaintiffs shall file their cross-reply by December 1, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/23/2016. (lcabj2) (Entered: 09/23/2016)
2016-09-23		Set/Reset Deadlines: Plaintiffs shall file their combined Opposition and Cross-Motion for Summary Judgment (with a single combined memorandum in support) by 10/14/2016; Defendant shall file its combined Reply and Cross-Opposition by 11/17/2016; Plaintiffs shall file their Cross-Reply by 12/1/2016. (jth) (Entered: 09/23/2016)
2016-10-14	21	Cross MOTION for Partial Summary Judgment , by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration)(Gustafson, Adam) Modified on 10/17/2016 (jf). (Entered: 10/14/2016)
2016-10-14	23	Memorandum in opposition to re 19 MOTION for Summary Judgment filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (See Docket Entry 21 to view document). (znmw) (Entered: 10/17/2016)
2016-10-15	22	NOTICE of Filing of Exhibits by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. re 21 MOTION for Leave to Appeal in forma pauperis MOTION to Appoint Counsel MOTION for Briefing Schedule MOTION to Permit Cross MOTION for Partial Summary Judgment MOTION for Limited Admission (Attachments: # 1 Exhibit Exhibits A-Q to Declaration of James R. Conde, # 2 Exhibit Exhibits R-BB to Declaration of James R. Conde)(Gustafson, Adam) (Entered: 10/15/2016)
2016-11-02	24	Unopposed MOTION for Extension of Time to File Reply and Cross-Opposition by GINA MCCARTHY (Truong, John) (Entered: 11/02/2016)
2016-11-03		MINUTE ORDER granting 24 Motion for Extension of Time. Defendant shall file its combined reply and cross-opposition by December 5, 2016, and plaintiffs shall file their cross-reply by December 20, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/3/16. (lcabj2) (Entered: 11/03/2016)
2016-11-04		Set/Reset Deadlines: Defendant's Combined Reply and Cross-Opposition is due by 12/5/2016; Plaintiffs Cross-Reply is due by 12/20/2016. (jth) (Entered: 11/04/2016)
2016-12-01	25	Consent MOTION for Extension of Time to File Response/Reply re November 3, 2016 Minute Order by GINA MCCARTHY (Truong, John) Modified event title on 12/2/2016 (znmw). (Entered: 12/01/2016)
2016-12-01		MINUTE ORDER granting 25 Motion to Modify. Defendant shall file its combined reply and cross-opposition by December 22, 2016, and plaintiffs shall file their cross-reply by January 26, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/1/16. (lcabj2) (Entered: 12/01/2016)
2016-12-20	26	Consent MOTION to Modify December 1, 2016 Minute Order by GINA MCCARTHY (Truong, John) (Entered: 12/20/2016)
2016-12-20		MINUTE ORDER granting 26 Motion to Modify. Defendant shall file its combined reply and cross-opposition by January 12, 2017, and plaintiffs shall file their cross-reply by February 16, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/20/2016. (lcabj2) (Entered: 12/20/2016)
2016-12-20		Set/Reset Deadlines: Defendant's Combined Reply and Cross-Opposition is due by 1/12/2017; Plaintiffs Cross-Reply is due by 2/16/2017. (jth) (Entered: 12/20/2016)
2017-01-10	27	Unopposed MOTION to Modify Dec. 20, 2016 Minute Order by GINA MCCARTHY (Truong, John) (Entered: 01/10/2017)
2017-01-11		MINUTE ORDER granting 27 Motion to Modify. Defendant shall file its combined reply and cross-opposition by January 17, 2017, and plaintiffs shall file their cross-reply by February 21, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/11/2017. (lcabj2) (Entered: 01/11/2017)
2017-01-11		Set/Reset Deadlines: Defendant's Combined Reply and Cross-Opposition is due by 1/17/2017; Plaintiffs Cross-Reply is due by 2/21/2017. (jth) (Entered: 01/11/2017)
2017-01-17	28	Memorandum in opposition to re 21 MOTION for Leave to Appeal in forma pauperis MOTION to Appoint Counsel MOTION for Briefing Schedule MOTION to Permit Cross MOTION for Partial Summary Judgment MOTION for Limited Admission filed by GINA MCCARTHY. (Attachments: # 1 Statement of Facts, # 2 Supplemental Declaration of Kathryn Sargeant, # 3 Sargeant Supp. Decl. Exhs 1-4)(Truong, John) (Entered: 01/17/2017)
2017-01-17	29	NOTICE re 28 of Filing of Defendant's Response to Plaintiffs' Statement of Material Facts by GINA MCCARTHY (Truong, John) Modified to add link on 1/18/2017 (znmw). (Entered: 01/17/2017)
2017-01-17	30	REPLY to opposition to motion re 19 MOTION for Summary Judgment (See ECF Nos. 28 and 29 for supporting documentations) filed by GINA MCCARTHY. (Truong, John) (Entered: 01/17/2017)
2017-01-26	31	NOTICE OF WITHDRAWAL OF APPEARANCE as to ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. Attorney Adam Jeffrey White terminated. (White, Adam) (Entered: 01/26/2017)
2017-02-15	32	Consent MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Plaintiffs' Cross-Motion For Summary Judgment by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 02/15/2017)
2017-02-16		MINUTE ORDER granting 32 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file their cross-reply by March 31, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/16/2017. (lcabj2) (Entered: 02/16/2017)
2017-03-31	33	NOTICE OF ERRATA REGARDING THE DECLARATION OF JAMES R. CONDE SUBMITTED IN SUPPORT OF PLAINTIFFS OPPOSITION AND CROSS-MOTION FOR SUMMARY JUDGMENT by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. re 21 MOTION for Leave to Appeal in forma pauperis MOTION to Appoint Counsel MOTION for Briefing Schedule MOTION to Permit Cross MOTION for Partial Summary Judgment MOTION for Limited Admission (Gustafson, Adam) (Entered: 03/31/2017)
2017-03-31	34	REPLY to opposition to motion re 21 MOTION for Leave to Appeal in forma pauperis MOTION to Appoint Counsel MOTION for Briefing Schedule MOTION to Permit Cross MOTION for Partial Summary Judgment MOTION for Limited Admission filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Plaintiffs' Response to EPA's Second Statement of Material Facts as to Which There Are No Genuine Issues, # 2 Exhibits, # 3 Text of Proposed Order Granting Plaintiffs' Motion for Leave to File a Surreply)(Gustafson, Adam) (Entered: 03/31/2017)
2017-06-05	35	MOTION for Leave to File Sur-Reply by GINA MCCARTHY (Attachments: # 1 Sur-Reply Exh. 1)(Truong, John) (Entered: 06/05/2017)
2017-06-05		MINUTE ORDER granting 35 defendant's motion for leave to file sur-reply. The Clerk of Court is directed to docket defendant's 35 sur-reply. No further briefing from any party is required unless it is called for by the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/5/2017. (lcabj2) (Entered: 06/05/2017)
2017-06-05	36	SURREPLY to re 21 MOTION for Leave to Appeal in forma pauperis MOTION to Appoint Counsel MOTION for Briefing Schedule MOTION to Permit Cross MOTION for Partial Summary Judgment MOTION for Limited Admission filed by GINA MCCARTHY. (Attachments: # 1 Exhibit)(td) (Entered: 06/06/2017)
2017-06-06		MINUTE ORDER. The parties have informed chambers of a dispute that has arisen in the context of this FOIA case, which may also implicate ethical rules, related to a potentially privileged document. If they cannot resolve the matter among themselves, the parties may each file submissions outlining their respective positions by June 9, 2017. The submissions may not exceed five pages, and the Court will call for responses or a hearing if it deems either to be necessary. Signed by Judge Amy Berman Jackson on 6/6/17. (DMK) (Entered: 06/06/2017)
2017-06-06		Set/Reset Deadlines: Parties' submissions due by 6/9/2017. (kt) (Entered: 06/06/2017)
2017-06-09	37	SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by GINA MCCARTHY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Govt. Ex. 1)(Truong, John) (Entered: 06/09/2017)
2017-06-09	38	MOTION for "Claw Back" Inadvertently Disclosed Privileged Documents by GINA MCCARTHY (Attachments: # 1 Declaration of John C. Truong, # 2 Gov. Exh. 2, # 3 Gov. Exh. 3)(Truong, John) (Entered: 06/09/2017)
2017-06-09	39	RESPONSE re 38 MOTION for "Claw Back" Inadvertently Disclosed Privileged Documents filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 06/09/2017)
2017-06-12		MINUTE ORDER granting 37 Sealed Motion for Leave to File Document Under Seal. The Clerk of Court is directed to file defendant's exhibit 1 [37-1] UNDER SEAL. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/12/2017. (lcabj2) (Entered: 06/12/2017)
2017-06-12	40	SEALED DOCUMENT filed by GINA MCCARTHY. re Order on Sealed Motion for Leave to File defendant's exhibit 1 [37-1] Document Under Seal. (This document is SEALED and only available to authorized persons.)(ztd) (Entered: 06/12/2017)
2017-06-23	41	ORDER granting 38 defendant's motion for "claw back" of inadvertently disclosed privileged e-mail chain. It is hereby ORDERED that plaintiffs take the following steps: (1) destroy all copies of the inadvertently disclosed privileged documents, (2) make no use of the information contained in the April 19, 2017 email chain in this proceeding or otherwise, and (3) certify to the Court by July 5, 2017 that they have complied with this order. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/23/2017. (lcabj2) (Entered: 06/23/2017)
2017-06-27		MINUTE ORDER. In order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection, on or before July 11, 2017, a representative sample of documents it has withheld or redacted pursuant to Exemption 5. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Defendant is ordered to provide the Court with five representative documents from each category identified in the declaration of James R. Conde, or all documents identified in the category if the category includes five or fewer documents. See Decl. of James R. Conde [Dkt. # 21-3] at 11-17. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/27/2017. (lcabj2) (Entered: 06/27/2017)
2017-07-05	42	RESPONSE TO ORDER OF THE COURT re 41 Order on Motion for Miscellaneous Relief,,, Set/Reset Deadlines,, CERTIFICATE OF COMPLIANCE WITH CLAW BACK ORDER filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 07/05/2017)
2017-07-05	43	MOTION to Modify the In Camera Review Order by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 07/05/2017)
2017-07-06		MINUTE ORDER granting 43 Motion to Modify. The Court encourages the parties to attempt to agree upon five representative documents in each category that contains more than five documents. However, if the parties cannot agree, then plaintiffs may identify three additional documents in each category. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/6/2017. (lcabj2) (Entered: 07/06/2017)
2017-07-11	44	NOTICE of Compliance of June 27, 2017 Order by GINA MCCARTHY (Attachments: # 1 Exhibit)(Truong, John) (Entered: 07/11/2017)
2017-08-29		MINUTE ORDER. After reviewing defendant's Vaughn Index, plaintiffs discovered that EPA had not produced "some email attachments as non-responsive." See Pls.' Statement of Facts [Dkt. # 21-2] para. 40. On December 21, 2016, defendant justified not producing these email attachments on the grounds that it considered the attachments and emails to be separate "records" for FOIA purposes. Ex. 3 to Sargeant Suppl. Decl. [Dkt. # 28-3]; Am. Immigration Lawyers Assn v. Exec. Office for Immigration Review, 830 F.3d 667, 677 (D.C. Cir. 2016) ("Under FOIA, agencies instead in effect define a 'record' when they undertake the process of identifying records that are responsive to a request."). But, the parties acknowledge that on December 21, 2016, defendant produced 180 non-responsive documents to plaintiffs. See Pls.' Cross-Reply [Dkt. # 34] at 4; Def.'s Sur-Reply [Dkt # 36]; Ex. 3 to Sargeant Suppl. Decl. [Dkt. # 28-3]. These documents are allegedly email attachments that are non-responsive to plaintiffs' FOIA request, but were attached to emails that are responsive to the request. In their cross-reply, plaintiffs still seek summary judgment on "all remaining email attachments redacted as non-responsive." Cross-Reply at 5. In its sur-reply, defendant does not address whether its December 21 production included all allegedly non-responsive email attachments or just a sub-set. See generally Def.'s Sur-Reply. Because the Court has an obligation to determine if a live controversy exists before it, defendant must inform the Court whether its production consisted of all allegedly non-responsive email attachments, making this portion of plaintiffs' motion moot, by September 1, 2017. See Transwestern Pipeline Co. v. FERC, 897 F.2d 570, 575 (D.C. Cir. 1990) ("A case is moot if events have so transpired that the decision will neither presently affect the parties' rights nor have a more-than-speculative change of affecting them in the future."). If the December production only included a sub-set of the set of email attachments originally not produced on the grounds that they were not responsive, defendant must provide a supplemental declaration stating the number of email attachments that have not been produced because they are non-responsive, and the basis for any differentiation between the attachments that were released and those that have not been produced. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/29/2017. (lcabj2) (Entered: 08/29/2017)
2017-09-01	45	RESPONSE TO ORDER OF THE COURT Response to the Court's August 29, 2017 Order by GINA MCCARTHY (Truong, John) Modified event title on 9/5/2017 (znmw). (Entered: 09/01/2017)
2017-09-01	46	REPLY re 45 Response to Order of the Court re Minute Order Reply Concerning the Court's August 29, 2017 Minute Order filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) Modified to add link on 9/5/2017 (znmw). (Entered: 09/01/2017)
2017-09-01		MINUTE ORDER. Given defendant's stated intention to process any email attachments previously withheld as non-responsive, the agency has to produce any remaining documents, or identify an exemption justifying their withholding, by September 8, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/1/2017. (lcabj2) (Entered: 09/01/2017)
2017-09-07	47	Consent MOTION for Extension of Time to Respond to the Court's September 1, 2017 Order by GINA MCCARTHY (Truong, John) (Entered: 09/07/2017)
2017-09-08		MINUTE ORDER granting 47 Motion for Extension of Time. Given defendant's stated intention to process any email attachments previously withheld as non-responsive, the agency has to produce any remaining documents, or identify an exemption justifying their withholding, by September 15, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/8/2017. (lcabj2) (Entered: 09/08/2017)
2017-09-15	48	RESPONSE TO ORDER OF THE COURT re Order on Motion for Extension of Time to,, Set/Reset Deadlines, filed by GINA MCCARTHY. (Attachments: # 1 Gov. Exh. A, # 2 Gov. Exh. B)(Truong, John) (Entered: 09/15/2017)
2017-09-20	49	REPLY re Order on Motion for Extension of Time to,, Set/Reset Deadlines, Reply Concerning the Court's September 8, 2017 Minute Order filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gustafson, Adam) (Entered: 09/20/2017)
2017-09-25	50	ORDER. Pursuant to Federal Rule of Civil Procedure 56, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendant's 19 motion for summary judgment is GRANTED IN PART AND DENIED IN PART, and plaintiffs' 21 cross-motion for partial summary judgment is DENIED. Because EPA's declaration does not describe an adequate search in response to plaintiffs' FOIA request, the matter is remanded to the agency to conduct a further search for responsive records, to provide a more detailed justification for the adequacy of the searches, and to release any reasonably segregable non-exempt material to plaintiffs consistent with FOIA. The parties shall file a joint status report by November 27, 2017, to update the Court on whether further proceedings are necessary in this matter. While the matter is on remand, the parties are ORDERED to meet and confer in an effort to respond to plaintiffs' contention that EPA "is still withholding 17 attachments that it erroneously claims to have previously released in full or in part." Resp. to Court's Order [Dkt. # 48] at 1. The agency is hereby ORDERED to produce any of the e-mail attachments it has yet to produce, and it must provide the Court with an updated declaration indicating that it has done so when it reports to the Court on the status of the renewed search. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/25/2017. (lcabj2) (Entered: 09/25/2017)
2017-09-25	51	MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 9/25/2017. (lcabj2) (Main Document 51 replaced on 9/25/2017) (zjth). (Entered: 09/25/2017)
2017-10-03	52	MOTION to Clarify the Court's September 25, 2017 Order by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gustafson, Adam) (Entered: 10/03/2017)
2017-10-04		MINUTE ORDER denying 52 Motion to Clarify. The Vaughn index prepared by defendant EPA revealed that the agency had withheld attachments to responsive emails, and it characterized those attachments in the index as "non-responsive." See Pls.' Statement of Facts [Dkt. # 21-2] para. 40. On December 21, 2016, defendant justified its failure to produce these email attachments with the explanation that it considered the attachments and emails to be separate "records" for FOIA purposes. Ex. 3 to Sargeant Suppl. Decl. [Dkt. # 28-3]. In the course of the summary judgment briefing, plaintiffs pressed their position that the records should be produced, see Pls.' Cross-Mem. [Dkt. # 21] at 27-28; Pls.' Cross-Reply [Dkt. # 34] at 20-22, but since defendant agreed to produce the material, see Def.'s Consent Mot. for Extension of Time [Dkt. # 47]; Resp. to Court's Order [Dkt. # 48], the Court ruled that the issue was moot. Mem. Op. [Dkt. # 51] at 11 n.6. Plaintiffs dedicated only one page of their combined memorandum to this issue, but they have since filed three additional submissions on the matter, including the instant motion. In the absence of a live controversy, there is no basis for the Court to issue an advisory opinion concerning the manner in which the records were originally labelled, and there is nothing ambiguous about the Court's order that the records be produced. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/4/2017. (lcabj2) (Entered: 10/04/2017)
2017-11-16	53	NOTICE OF SUBSTITUTION OF COUNSEL by Kenneth A. Adebonojo on behalf of All Defendants Substituting for attorney John C. Truong (Adebonojo, Kenneth) (Entered: 11/16/2017)
2017-11-27	54	Joint STATUS REPORT by Environmental Protection Agency and by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 11/27/2017)
2017-12-12		MINUTE ORDER. The parties shall file another joint status report by January 19, 2018. Defendant should proceed with the renewed search in accordance with the Court's 51 memorandum opinion. Defendant will be expected to justify any limits it imposes on the time period to be searched or the number of potential custodians conducting a search with the new terms when it is called upon to establish the adequacy of the search in the future. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/12/2017. (lcabj2) (Entered: 12/12/2017)
2017-12-12		Set/Reset Deadlines: Joint Status Report due by 1/19/2018. (tg) (Entered: 12/12/2017)
2018-01-19	55	Joint STATUS REPORT by Environmental Protection Agency and by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 01/19/2018)
2018-01-22		MINUTE ORDER. Defendant must produce responsive, non-exempt, non-CBI records on a rolling basis on February 16, 2018, March 16, 2018, and April 13, 2018, and it must file a status report concerning the status of the rolling productions on April 16, 2018. Defendant must produce records found not entitled to confidential treatment by July 6, 2018. And defendant must file a status report on August 3, 2018. Further, plaintiffs must file a status report indicating whether they are seeking any further action by the Court with respect to the 17 documents by February 9, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/22/2018. (lcabj2) (Entered: 01/22/2018)
2018-02-09	56	STATUS REPORT by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Exhibit A)(Gustafson, Adam) (Entered: 02/09/2018)
2018-02-12		MINUTE ORDER. Defendant must file a status report in response to 56 plaintiffs' status report by February 16, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/12/2018. (lcabj2) (Entered: 02/12/2018)
2018-02-14	57	Consent MOTION for Extension of Time to Submit Status Report by GINA MCCARTHY (Adebonojo, Kenneth) (Entered: 02/14/2018)
2018-02-15		MINUTE ORDER granting 57 Motion for Extension of Time. Defendant must file a status report in response to 56 plaintiffs' status report by March 2, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/15/2018. (lcabj2) (Entered: 02/15/2018)
2018-03-05	58	STATUS REPORT by Defendant by GINA MCCARTHY. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Adebonojo, Kenneth) (Entered: 03/05/2018)
2018-04-16	59	STATUS REPORT by GINA MCCARTHY. (Adebonojo, Kenneth) (Entered: 04/16/2018)
2018-04-17		MINUTE ORDER. The parties must file a joint status report by May 1, 2018 informing the Court whether any further proceedings are necessary, and including a proposed schedule if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/17/2018. (lcabj2) (Entered: 04/17/2018)
2018-04-17		Set/Reset Deadlines: Joint Status Report due by 5/1/2018 and proposed schedule if necessary. (tb) (Entered: 04/17/2018)
2018-05-01	60	Consent MOTION for Extension of Time to File the Parties' Joint Status Report by GINA MCCARTHY (Adebonojo, Kenneth) (Entered: 05/01/2018)
2018-05-02		MINUTE ORDER granting 60 Motion for Extension of Time. The parties must file a joint status report by May 8, 2018 informing the Court whether any further proceedings are necessary, and including a proposed schedule if necessary. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/2/2018. (lcabj2) (Entered: 05/02/2018)
2018-05-08	61	Joint STATUS REPORT by GINA MCCARTHY. (Adebonojo, Kenneth) (Entered: 05/08/2018)
2018-05-09		MINUTE ORDER. Defendant shall file its motion for summary judgment by August 13, 2018; plaintiffs shall file their opposition by September 13, 2018; and defendant shall file its reply by October 4, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/9/2018. (lcabj2) (Entered: 05/09/2018)
2018-08-13	62	Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by GINA MCCARTHY (Adebonojo, Kenneth) (Entered: 08/13/2018)
2018-08-13		MINUTE ORDER granting 62 Motion for Extension of Time. Defendant shall file its motion for summary judgment by September 28, 2018; plaintiffs shall file their opposition by October 29, 2018; and defendant shall file its reply by December 21, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/13/2018. (lcabj2) (Entered: 08/13/2018)
2018-09-27	63	Consent MOTION for Extension of Time to FIle Defendant's Motion for Summary Judgment by GINA MCCARTHY (Adebonojo, Kenneth) (Entered: 09/27/2018)
2018-09-28		MINUTE ORDER granting 63 Motion for Extension of Time. Defendant shall file its motion for summary judgment by October 29, 2018; plaintiffs shall file their opposition by November 30, 2018; and defendant shall file its reply by December 21, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/28/2018. (lcabj2) (Entered: 09/28/2018)
2018-10-29	64	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by GINA MCCARTHY (Adebonojo, Kenneth) (Entered: 10/29/2018)
2018-10-30		MINUTE ORDER granting 64 Motion for Extension of Time. Notwithstanding plaintiff's objection, which is noted, defendant must file its motion for summary judgment by November 30, 2018. Plaintiff's opposition must be filed by December 21, 2018, and defendant's reply must be filed by January 7, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/2018. (lcabj2) (Entered: 10/30/2018)
2018-11-30	65	MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by GINA MCCARTHY (Adebonojo, Kenneth) (Entered: 11/30/2018)
2018-12-03		MINUTE ORDER granting 65 Motion for Extension of Time. Notwithstanding plaintiff's objection, which is noted, defendant must file its motion for summary judgment by December 4, 2018. Plaintiff's opposition must be filed by December 28, 2018, and defendant's reply must be filed by January 11, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/3/2018. (lcabj2) (Entered: 12/03/2018)
2018-12-04	66	MOTION for Summary Judgment by GINA MCCARTHY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit)(Adebonojo, Kenneth) (Entered: 12/04/2018)
2018-12-27	67	MOTION for Extension of Time to File Response/Reply as to 66 MOTION for Summary Judgment by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 12/27/2018)
2018-12-28		MINUTE ORDER granting 67 Motion for Extension of Time. Plaintiffs must file their opposition to defendant's motion for summary judgment 66 by January 11, 2019. Defendant must file its reply by January 25, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/28/2018. (lcabj2) (Entered: 12/28/2018)
2019-01-10	68	MOTION for Extension of Time to File Plaintiffs' Opposition to Summary Judgment by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 01/10/2019)
2019-01-11		MINUTE ORDER granting 68 Motion for Extension of Time. Plaintiffs must file their opposition to defendant's motion for summary judgment 66 by February 11, 2019. Defendant must file its reply by February 25, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/11/2019. (lcabj2) (Entered: 01/11/2019)
2019-02-11	69	STIPULATION of Dismissal by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 02/11/2019)
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