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Case TitleENVIRONMENTAL INTEGRITY PROJECT v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02490
Date Filed2017-11-17
Date Closed2018-06-01
JudgeJudge Colleen Kollar-Kotelly
PlaintiffENVIRONMENTAL INTEGRITY PROJECT
Case DescriptionThe Environmental Integrity Project submitted three FOIA requests to the EPA for records about various cleanup sites. The agency acknowledged receipt of the requests, but after the agency failed to respond further, the Environmental Integrity Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
1200 Pennsylvania Ave. NW
Washington, DC 20460
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-171COMPLAINT ENVIRONMENTAL INTEGRITY PROJECT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5211021) filed by ENVIRONMENTAL INTEGRITY PROJECT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet Civil Cover Sheet, # 14 Summons EPA Summons, # 15 Summons USAO Summons, # 16 Summons US AG Summons)(Greene, Mary) (Entered: 11/17/2017)
2017-11-172LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL INTEGRITY PROJECT (Greene, Mary) (Entered: 11/17/2017)
2017-11-20Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 11/20/2017)
2017-11-203SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 11/20/2017)
2017-12-044ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/4/17. (DM) (Entered: 12/04/2017)
2017-12-205NOTICE of Appearance by Joshua L. Rogers on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Rogers, Joshua) (Entered: 12/20/2017)
2017-12-216First MOTION for Extension of Time to File Answer by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/21/2017)
2017-12-26MINUTE ORDER: The Court has received Defendant's 6 Motion to Extend. For good cause shown, that motion is GRANTED. Defendant shall answer or otherwise respond by JANUARY 26, 2018, including a proposed scheduling order. Signed by Judge Colleen Kollar-Kotelly on 12/26/2018. (DM) (Entered: 12/26/2017)
2017-12-26Set/Reset Deadlines: Defendant shall answer or otherwise respond by 1/26/2018. (kt) (Entered: 12/26/2017)
2018-01-227MOTION for Extension of Time to File by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/22/2018)
2018-01-23MINUTE ORDER: The Court has received Defendant's 7 Motion for Extension of Time. The 7 Motion seeks a stay of Defendant's obligation to answer or otherwise respond to Plaintiff's Complaint by January 26, 2018, in light of a lapse in appropriations to the Department of Justice. Appropriations were temporarily restored within one business day. Accordingly, the Court shall DENY as moot Defendant's 7 Motion. The Court shall grant Defendant one additional business day to respond. Defendant shall answer or otherwise respond by JANUARY 29, 2018 , including a proposed scheduling order. Signed by Judge Colleen Kollar-Kotelly on January 23, 2018. (lcckk1) (Entered: 01/23/2018)
2018-01-23Set/Reset Deadlines: Answer due by 1/29/2018. (dot) (Entered: 01/23/2018)
2018-01-298Joint MOTION to Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 01/29/2018)
2018-02-06MINUTE ORDER: The Court has received the parties' 8 Joint Motion to Stay, which seeks a stay of this litigation as Defendant completes certain further processing of Plaintiff's Freedom of Information Act ("FOIA") requests. Defendant indicates that this motion is offered "in lieu of" its answer to Plaintiff's 1 Complaint. The parties indicate that "[b]y February 14, 2018, the [Defendant] Agency will have either completed its remaining processing or be able to provide a production schedule," and the parties offer to provide a Joint Status Report on that date. Accordingly, the Court hereby GRANTS-IN-PART and DENIES-IN-PART the parties' 8 Motion. By FEBRUARY 14, 2018 , the parties shall file a Joint Status Report that indicates whether Defendant has completed production of Plaintiff's FOIA requests and whether the parties are able to address any remaining issues, including attorney's fees, without further litigation. Defendant's obligation to answer or otherwise respond to Plaintiff's 1 Complaint shall be STAYED until further order of this Court. Signed by Judge Colleen Kollar-Kotelly on February 6, 2018. (lcckk1) (Entered: 02/06/2018)
2018-02-06Set/Reset Deadlines: Joint Status Report due by 2/14/2018. (dot) (Entered: 02/07/2018)
2018-02-149Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 02/14/2018)
2018-02-27MINUTE ORDER: The Court has received the parties' 9 Joint Status Report, which indicates that Defendant has continued to review potentially responsive documents and estimates that production will be complete by March 16, 2018. Accordingly, the Court shall adopt the parties' proposal that they file a further Joint Status Report by MARCH 16, 2018 , that indicates whether Defendant has completed production of Plaintiff's Freedom of Information Act requests and whether the parties are able to address any remaining issues, including attorney's fees, without further litigation. Signed by Judge Colleen Kollar-Kotelly on February 27, 2018. (lcckk1 ) (Entered: 02/27/2018)
2018-02-27Set/Reset Deadlines: Joint Status Report due by 3/16/2018. (dot) (Entered: 02/28/2018)
2018-03-1610Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 03/16/2018)
2018-03-19MINUTE ORDER: The Court has received the parties' 10 Joint Status Report, which indicates that Defendant finished reviewing responsive documents and intended to produce responsive, non-exempt documents on the date of the Joint Status Report, March 16, 2018. The parties have requested additional time in which to attempt to resolve any further issues, including attorney's fees, without litigation. Accordingly, by APRIL 16, 2018 , Plaintiff shall file a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), or, if necessary, the parties shall file a further Joint Status Report that proposes a briefing schedule for dispositive motions. Signed by Judge Colleen Kollar-Kotelly on March 19, 2018. (lcckk1) (Entered: 03/19/2018)
2018-03-19Set/Reset Deadlines: Plaintiff shall file a Notice of dismissal or Joint Status Report by 4/16/2018. (dot) (Entered: 03/19/2018)
2018-04-1611Joint MOTION to Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 04/16/2018)
2018-05-02MINUTE ORDER: The Court has received the parties' 11 Joint Motion to Stay, which confirms that Defendant completed its record production. Now the parties seek additional time for Defendant to "evaluate Plaintiff's attorney's fees and costs and determine whether settlement regarding this remaining issue is possible." The Court finds that a stay of this matter is not necessary in order to achieve the parties' desired end. Accordingly, the Court GRANTS-IN-PART and DENIES-IN-PART the parties' 11 Joint Motion to Stay. The Court shall extend nunc pro tunc until MAY 31, 2018 , the deadline for the parties to file a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A), or, if necessary, a further Joint Status Report proposing a briefing schedule for resolution of the remaining issue of attorney's fees and costs. Signed by Judge Colleen Kollar-Kotelly on May 2, 2018. (lcckk1) (Entered: 05/02/2018)
2018-05-02Set/Reset Deadlines: Joint Status Report or notice of dismissal due by 5/31/2018. (dot) (Entered: 05/02/2018)
2018-05-3112NOTICE of Voluntary Dismissal by ENVIRONMENTAL INTEGRITY PROJECT (Greene, Mary) (Entered: 05/31/2018)
2018-06-0113ORDER. This case is DISMISSED. Signed by Judge Colleen Kollar-Kotelly on June 1, 2018. (lcckk1) (Entered: 06/01/2018)
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by FOIA Project Staff
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