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Case TitleSierra Club v. United States Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv02372
Date Filed2018-04-19
Date Closed2020-02-10
JudgeMagistrate Judge Joseph C. Spero
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted four FOIA requests to the EPA for records concerning communications involving administrator Scott Pruitt, and a number of political appointees pertaining to a variety of topics. The Sierra Club also requested a fee waiver. The agency acknowledged receipt of the requests. The agency told the Sierra Club that an electronic search had located 5,557 potentially responsive records but that it had not been able to review the records yet. After hearing nothing further from the agency on their four requests, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-191COMPLAINT (Freedom of Information Act Case); against United States Environmental Protection Agency ( Filing fee $ 400, receipt number 0971-12287280.). Filed bySierra Club. (Saxonhouse, Elena) (Filed on 4/19/2018) Modified on 4/20/2018 (aaaS, COURT STAFF). (Entered: 04/19/2018)
2018-04-192Civil Cover Sheet by Sierra Club . (Saxonhouse, Elena) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-193Proposed Summons. (Saxonhouse, Elena) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-194Case assigned to Magistrate Judge Elizabeth D. Laporte. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/3/2018. (jmlS, COURT STAFF) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-195Certificate of Interested Entities by Sierra Club identifying Corporate Parent Sierra Club for Sierra Club. (Saxonhouse, Elena) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-196Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/17/2018. Initial Case Management Conference set for 7/24/2018 10:00 AM. Signed by Magistrate Judge Elizabeth D. Laporte on 4/19/18. (aaaS, COURT STAFF) (Filed on 4/19/2018) (Entered: 04/20/2018)
2018-04-207Summons Issued as to United States Environmental Protection Agency. (aaaS, COURT STAFF) (Filed on 4/20/2018) (Entered: 04/20/2018)
2018-04-238CLERK'S NOTICE: The parties are hereby notified that the Initial Case Management Conference is rescheduled to 7/17/2018 at 10:30 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. A Case Management Statement is due by 7/10/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 4/23/2018) Modified on 4/23/2018 (shyS, COURT STAFF). (Entered: 04/23/2018)
2018-04-249CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Saxonhouse, Elena) (Filed on 4/24/2018) (Entered: 04/24/2018)
2018-05-0210SUMMONS Returned Executed (FOIA) by Sierra Club. United States Environmental Protection Agency served on 4/30/2018, answer due 5/30/2018. (Saxonhouse, Elena) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-2311ANSWER to 1 Complaint ; by United States Environmental Protection Agency. (Falk, Rebecca) (Filed on 5/23/2018) Modified on 5/24/2018 (aaaS, COURT STAFF). (Entered: 05/23/2018)
2018-05-2312CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Environmental Protection Agency.. (Falk, Rebecca) (Filed on 5/23/2018) (Entered: 05/23/2018)
2018-06-2213CLERK'S NOTICE: The Case Management Conference is rescheduled to 7/17/2018 at 2:30 PM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 6/22/2018) (Entered: 06/22/2018)
2018-07-0114ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Falk, Rebecca) (Filed on 7/1/2018) (Entered: 07/01/2018)
2018-07-0215ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Saxonhouse, Elena) (Filed on 7/2/2018) (Entered: 07/02/2018)
2018-07-0216NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Saxonhouse, Elena) (Filed on 7/2/2018) (Entered: 07/02/2018)
2018-07-0317ADR Clerk's Notice Setting ADR Phone Conference on Monday, July 16, 2018, at 2:30 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 7/3/2018) (Entered: 07/03/2018)
2018-07-1018CASE MANAGEMENT STATEMENT JOINT INITIAL CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency. (Falk, Rebecca) (Filed on 7/10/2018) (Entered: 07/10/2018)
2018-07-1719ADR Remark: ADR Phone Conference held on 7/16/2018 by Tamara Lange. (af, COURT STAFF) (Filed on 7/17/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/17/2018)
2018-07-1720Minute Entry for initial case management conference held on 7/17/2018 before Magistrate Judge Elizabeth D. Laporte. The parties are referred to a randomly assigned magistrate judge for the purpose of engaging in a settlement conference, to take place in early September 2018 or sooner if possible. FTR Time: 3:07 - 3:13. Plaintiff Attorney: Elena Saxonhouse and Sanjay Narayan Defendant Attorney: Rebecca Falk (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 7/17/2018) (Entered: 07/18/2018)
2018-07-19CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 7/19/2018) (Entered: 07/19/2018)
2018-07-2021CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss preparation for an in-person settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 8/6/2018 02:30 PM. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (igS, COURT STAFF) (Filed on 7/20/2018) (Entered: 07/20/2018)
2018-07-2022ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 8/27/2018 10:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 7/20/18. (ig, COURT STAFF) (Filed on 7/20/2018) (Entered: 07/20/2018)
2018-08-0623Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Preparation call held on 8/6/2018 in advance of the August 27, 2018 settlement conference. The parties are granted leave to submit settlement materials by 8/20/2018. See minute Order for more particulars. FTR Time: Not Recorded. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 8/6/2018) (Entered: 08/06/2018)
2018-08-1624STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER TO VACATE SETTLEMENT CONFERENCE AND STAY PROCEEDINGS filed by United States Environmental Protection Agency. (Falk, Rebecca) (Filed on 8/16/2018) (Entered: 08/16/2018)
2018-08-2125STIPULATION AND ORDER to Vacate Settlement Conference and Stay Proceedings signed by Magistrate Judge Elizabeth D. Laporte: granting 24 Stipulation. (shyS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-21Case Stayed. (shyS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)
2019-01-0226ADMINISTRATIVE MOTION to Suspend FOIA Production Schedule Due to Lapse In Government Funding filed by United States Environmental Protection Agency. Responses due by 1/7/2019. (Attachments: # 1 Declaration of Rebecca A. Falk, # 2 Proposed Order)(Falk, Rebecca) (Filed on 1/2/2019) (Entered: 01/02/2019)
2019-01-0327OPPOSITION/RESPONSE (re 26 ADMINISTRATIVE MOTION to Suspend FOIA Production Schedule Due to Lapse In Government Funding ) filed bySierra Club. (Attachments: # 1 Proposed Order)(Saxonhouse, Elena) (Filed on 1/3/2019) (Entered: 01/03/2019)
2019-01-0428ORDER on Defendant's Administrative Motion to Suspend FOIA Production Schedule Due to Lapse in Government Funding signed by Magistrate Judge Elizabeth D. Laporte: granting 26 Administrative Motion. (shyS, COURT STAFF) (Filed on 1/4/2019) (Entered: 01/04/2019)
2019-01-3029STIPULATION WITH PROPOSED ORDER TO AMEND PRODUCTION SCHEDULE filed by United States Environmental Protection Agency. (Falk, Rebecca) (Filed on 1/30/2019) (Entered: 01/30/2019)
2019-02-0430STIPULATION AND ORDER to Amend Production Schedule signed by Magistrate Judge Elizabeth D. Laporte: granting 29 Stipulation. (shyS, COURT STAFF) (Filed on 2/4/2019) (Entered: 02/04/2019)
2019-06-1931NOTICE of Substitution of Counsel by Alison E. Daw FOR DEFENDANT (Daw, Alison) (Filed on 6/19/2019) (Entered: 06/19/2019)
2019-08-2132STIPULATION re 25 Order on Stipulation STATUS REPORT AND STIPULATION AND PROPOSED ORDER TO SCHEDULE A FURTHER STATUS REPORT filed by United States Environmental Protection Agency. (Daw, Alison) (Filed on 8/21/2019) (Entered: 08/21/2019)
2019-08-2233STIPULATION AND ORDER to Schedule a Further Status Report signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 8/22/2019) (Entered: 08/22/2019)
2019-09-0934NOTICE of Substitution of Counsel by Sharanya Mohan for Defendant (Mohan, Sharanya) (Filed on 9/9/2019) (Entered: 09/09/2019)
2019-10-2835ORDER REASSIGNING CASE. Signed by the Clerk on 10/28/2019. (ecgS COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)
2019-10-28Case Reassigned to Judge Magistrate Judge Joseph C. Spero. Judge Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. (ecgS-adi, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)
2019-10-3036STIPULATION WITH PROPOSED ORDER re 33 Order STATUS REPORT AND STIPULATION AND PROPOSED ORDER TO SCHEDULE A FURTHER STATUS REPORT filed by United States Environmental Protection Agency. (Mohan, Sharanya) (Filed on 10/30/2019) (Entered: 10/30/2019)
2019-11-0137Order, signed 11/1/19, by Chief Magistrate Judge Joseph C. Spero granting 36 Stipulation to Schedule a Further Status Report. Status Report due by 11/21/2019.(klhS, COURT STAFF) (Filed on 11/1/2019) (Entered: 11/01/2019)
2019-11-0138CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Initial Case Management Conference set for 12/6/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. Any party seeking a continuance shall e-file a stipulation and proposed order. (klhS, COURT STAFF) (Filed on 11/1/2019) (Entered: 11/01/2019)
2019-11-2039STIPULATION WITH PROPOSED ORDER Status Report and Stipulation and [Proposed] Order to Schedule a Further Status Report filed by United States Environmental Protection Agency. (Mohan, Sharanya) (Filed on 11/20/2019) (Entered: 11/20/2019)
2019-11-2040PLEASE DISREGARD. WRONG .PDF ATTACHED. SEE 41 Order, signed as modified on 11/20/19, by Chief Magistrate Judge Joseph C. Spero granting 39 Stipulation to Schedule a Further Status Report. Initial Case Management Conference set for 1/31/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor.(klhS, COURT STAFF) (Filed on 11/20/2019) Modified on 11/20/2019 (klhS, COURT STAFF). (Entered: 11/20/2019)
2019-11-2041ORDER, signed as modified on 11/20/19, GRANTING re 39 STIPULATION WITH PROPOSED ORDER Status Report and Stipulation and [Proposed] Order to Schedule a Further Status Report filed by United States Environmental Protection Agency. Initial case management conference continued to 1/31/2020 at 2:00 PM. Signed by Chief Magistrate Judge Joseph C. Spero on 11/20/19. (klhS, COURT STAFF) (Filed on 11/20/2019) (Entered: 11/20/2019)
2019-11-20Electronic filing error . Incorrect PDF attached. [err201]Corrected by Clerk's Office. No further action is necessary. Re: 40 Order on Stipulation, See 41 for correct o rder. (klhS, COURT STAFF) (Filed on 11/20/2019) (Entered: 11/20/2019)
2020-01-2442STIPULATION WITH PROPOSED ORDER Status Report and Stipulation and Proposed Order to Adjourn Conference filed by United States Environmental Protection Agency. (Mohan, Sharanya) (Filed on 1/24/2020) (Entered: 01/24/2020)
2020-01-2743Order, signed as modified on 1/27/2020, by Chief Magistrate Judge Joseph C. Spero granting 42 Stipulation to Adjourn Conference. Initial Case Management Conference re-set for 2/14/2020 02:00 PM in San Francisco, Courtroom G, 15th Floor. This date will be vacated if the Stipulated Dismissal is filed on or before this date.(klhS, COURT STAFF) (Filed on 1/27/2020) (Entered: 01/27/2020)
2020-02-0344ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Magistrate Judge Alex G. Tse in the San Francisco division. Counsel are instructed that all future filings shall bear the initials AGT immediately after the case number. All hearings and motions remain as scheduled. Existing briefing schedules for motions remain unchanged. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Signed by the Clerk on 2/3/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecgS-adi, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)
2020-02-03Case Reassigned to Judge Magistrate Judge Alex G Tse. Judge Magistrate Judge Joseph C. Spero no longer assigned to the case. (ecgS-adi, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)
2020-02-0545STIPULATION WITH PROPOSED ORDER Stipulation of Settlement and Dismissal with Prejudice filed by United States Environmental Protection Agency. (Mohan, Sharanya) (Filed on 2/5/2020) (Entered: 02/05/2020)
2020-02-0546ORDER of Recusal by Magistrate Judge Alex G. Tse. (shyS, COURT STAFF) (Filed on 2/5/2020) (Entered: 02/05/2020)
2020-02-0647ORDER,DISREGARD ENTRY CLERICAL ERROR: Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Donna M. Ryu for all further proceedings. Magistrate Judge Alex G Tse no longer assigned to the case.. Signed by The Clerk on 2/6/20. (haS, COURT STAFF) (Filed on 2/6/2020) Modified on 2/7/2020 (as, COURT STAFF). (Entered: 02/06/2020)
2020-02-0748ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Joseph C. Spero for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case,. Signed by Clerk on 2/7/20. (as, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)
2020-02-1049STIPULATION OF SETTLEMENT AND ORDER DISMISSING CASE WITH PREJUDICE. Signed by Chief Magistrate Judge Joseph C. Spero on 2/10/2020. (klhS, COURT STAFF) (Filed on 2/10/2020) (Entered: 02/10/2020)
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