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Case TitleSierra Club v. United States Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv03472
Date Filed2018-06-11
Date Closed2020-12-09
JudgeMagistrate Judge Joseph C. Spero
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted FOIA requests to the EPA for records concerning communications between various EPA employees and third parties, including calendars and travel schedules. The Sierra Club also requested fee waivers. The agency denied the fee waivers and the Sierra Club filed an administrative appeal. The agency provided an interim response to some requests, but after the agency failed to provide any substantive response to its requests, the Sierra Club 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
Opinion/Order [85]
FOIA Project Annotation: A federal court in California has ruled that the EPA may not require the Sierra Club to redact emails that identified two petroleum lobbyists who were scheduled to meet employees from the EPA for drinks and to watch a hockey game because the identities had been inadvertently disclosed and should have been withheld under Exemption 6 (invasion of privacy). The identities had been disclosed in response to a larger request for communications more broadly. After deciding the lobbyists might be subjected to harassment if their identities were disclosed to the press, the EPA took the step of asking the court to order the Sierra Club to redact the identities. The Sierra Club argued that the public interest in disclosure outweighed any claimed privacy interest. Magistrate Judge Joseph Spero indicated that "it is not clear how the EPA reached its determination that press contacts would be an unwelcome intrusion tantamount to harassment. There is no indication that the EPA has contacted the lobbyists to determine whether they object to disclosure of their names and their business email addresses. . .There is nothing inherently scandalous about friends meeting for drinks to watch hockey. Even if contact by the media would be 'unwanted,' and assuming that such contact might occur, it is not clear why the government affairs professionals at issue would be unaccustomed to handling a press inquiry or incapable of declining comment if they so chose." Spero added that "any risk of 'doxxing' and coordinated harassment would be a more significant concern, but the EPA has presented no evidence of any potential for such an outcome beyond pure speculation. There is no indication that any of the other lobbyists whose names or email addresses the EPA intentionally left unredacted on work-related emails have been subject to harassment, that the subject matter of the emails at issue would cause stigma, or that the versions of them that EPA filed two months ago in the public docket of this case (with the lobbyists' names and email addresses redacted) have attracted public attention of any kind." The court pointed out that "where the EPA has offered no reason to believe that the particular individuals at issue in this case would face harassment if their names or email addresses were disclosed, the Court assigns relatively little weight to that potential harm." The court rejected the agency's claim that the inadvertent disclosure should allow them to claw back the disclosed identities. Instead, the court observed that "many mistakes by litigant have consequences." The court indicated that "the remedy the EPA seeks â€" requiring the Sierra Club to destroy the documents at issue â€" would not prevent disclosure of the information at issue, which appears to consist at most three names and email addresses. That information has already been disseminated to multiple people at the Sierra Club. Given the discrete and uncomplicated nature of the information at issue, it will presumably remain within those individuals' knowledge even if the documents are destroyed. . .The Court is not inclined to invoked its inherent authority for an order that will have no practical effect on the (relatively weak) privacy interests at issue, nor will the Court restrain the Sierra Club employees' speech in the absence of any showing that EPA could meet its heavy burden to obtain such an order, or even any clear request for the Court do so."
Issues: Exemption 6 - Invasion of privacy, Litigation - Jurisdiction - Failure to State a Claim
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-111COMPLAINT (Freedom of Information Act Case); against United States Environmental Protection Agency ( Filing fee $ 400, receipt number 0971-12426502.). Filed bySierra Club. (Attachments: # 1 Civil Cover Sheet)(Issod, Andrea) (Filed on 6/11/2018) Modified on 6/12/2018 (aaaS, COURT STAFF). (Entered: 06/11/2018)
2018-06-112Proposed Summons. (Issod, Andrea) (Filed on 6/11/2018) (Entered: 06/11/2018)
2018-06-113Certificate of Interested Entities by Sierra Club (Issod, Andrea) (Filed on 6/11/2018) (Entered: 06/11/2018)
2018-06-124Case 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 6/26/2018. (jmlS, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-125Initial Case Management Scheduling Order with ADR Deadlines: Signed by Magistrate Judge Elizabeth D. Laporte on 6/12/18. (aaaS, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-126Summons Issued as to United States Environmental Protection Agency. (aaaS, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-12Set Deadlines/Hearings: Case Management Statement due by 9/4/2018. 5 Initial Case Management Conference set for 9/11/2018 10:00 AM. (aaa, COURT STAFF) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-147CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Issod, Andrea) (Filed on 6/14/2018) (Entered: 06/14/2018)
2018-06-208NOTICE of Appearance by Elena Kathryn Saxonhouse (Saxonhouse, Elena) (Filed on 6/20/2018) (Entered: 06/20/2018)
2018-06-209NOTICE of Appearance by Marta R. Darby (Darby, Marta) (Filed on 6/20/2018) (Entered: 06/20/2018)
2018-06-2510SUMMONS Returned Executed (FOIA) by Sierra Club. United States Environmental Protection Agency served on 6/18/2018, answer due 7/18/2018. (Issod, Andrea) (Filed on 6/25/2018) (Entered: 06/25/2018)
2018-07-0511CLERK'S NOTICE: The Initial Case Management Conference is rescheduled to 9/11/2018 at 3:00 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 7/5/2018) (Entered: 07/05/2018)
2018-07-2312STIPULATION Re Filing of First Amended Complaint filed by United States Environmental Protection Agency. (Garbers, Wendy) (Filed on 7/23/2018) (Entered: 07/23/2018)
2018-07-2313FIRST AMENDED COMPLAINT (Freedom of Information Act Case); by Sierra Club. (Issod, Andrea) (Filed on 7/23/2018) Modified on 7/24/2018 (aaaS, COURT STAFF). (Entered: 07/23/2018)
2018-07-23Electronic filing error . Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 13 Amended Document filed by Sierra Club Corr ect Event is Amended Complaint not Amended Document. (aaaS, COURT STAFF) (Filed on 7/23/2018) (Entered: 07/24/2018)
2018-08-1714ANSWER TO 13 FIRST AMENDED COMPLAINT; by United States Environmental Protection Agency. (Garbers, Wendy) (Filed on 8/17/2018) Modified on 8/20/2018 (aaaS, COURT STAFF). (Entered: 08/17/2018)
2018-08-2115CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination. Defendant shall file a consent or declination to proceed before a magistrate judge by September 4, 2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (shyS, COURT STAFF) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-2116ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Darby, Marta) (Filed on 8/21/2018) (Entered: 08/21/2018)
2018-08-2817CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Environmental Protection Agency.. (Garbers, Wendy) (Filed on 8/28/2018) (Entered: 08/28/2018)
2018-08-2818NOTICE of Substitution of Counsel by Adrienne Zack (Zack, Adrienne) (Filed on 8/28/2018) (Entered: 08/28/2018)
2018-08-3019Joint Stipulation to Continue Case Management Conference and [Proposed] Order filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 8/30/2018) (Entered: 08/30/2018)
2018-08-3020ORDER granting Stipulation to Continue Initial Case Management Conference signed by Magistrate Judge Elizabeth D. Laporte: granting 19 Stipulation. (shyS, COURT STAFF) (Filed on 8/30/2018) (Entered: 08/30/2018)
2018-09-2421MOTION to Appear by Telephone filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/24/2018) (Entered: 09/24/2018)
2018-09-2522ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Zack, Adrienne) (Filed on 9/25/2018) (Entered: 09/25/2018)
2018-09-2523JOINT CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/25/2018) (Entered: 09/25/2018)
2018-09-2724ORDER granting Motion to Appear by Telephone signed by Magistrate Judge Elizabeth D. Laporte: granting 21 Motion. (shyS, COURT STAFF) (Filed on 9/27/2018) (Entered: 09/27/2018)
2018-10-0225Minute Entry for case management conference held on 10/2/2018 before Magistrate Judge Elizabeth D. Laporte. On or before 10/16/2018, the parties shall file a written update regarding the issues discussed at the hearing. A further case management conference is set for 10/23/2018 before Magistrate Judge Elizabeth D. Laporte. FTR Time: 10:12 - 10:19 Plaintiff Attorneys: Martha Darby and Elena Saxonhouse Defendant Attorney: Adriene Zack (telephonic appearance) (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 10/2/2018) (Entered: 10/04/2018)
2018-10-1626JOINT CASE MANAGEMENT STATEMENT - Updated filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/16/2018) (Entered: 10/16/2018)
2018-10-1827ORDER Re Updated Joint Case Management Statement by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/18/2018) (Entered: 10/18/2018)
2018-10-2328JOINT CASE MANAGEMENT STATEMENT - Updated filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/23/2018) (Entered: 10/23/2018)
2018-10-2329Minute Entry for further case management conference held on 10/23/2018 before Magistrate Judge Elizabeth D. Laporte. Discussion held regarding whether to set a schedule for rolling production and Plaintiff to file motion regarding that issue. FTR Time: 10:07 - 10:14 Plaintiff Attorneys: Marta Darby and Elena Saxonhouse Defendant Attorney: Adrienne Zack (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 10/23/2018) (Entered: 10/24/2018)
2018-11-0130STIPULATION WITH PROPOSED ORDER filed by Sierra Club. (Attachments: # 1 Declaration)(Darby, Marta) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0131STIPULATION AND ORDER Setting Briefing Schedule signed by Magistrate Judge Elizabeth D. Laporte: granting 30 Stipulation. (shyS, COURT STAFF) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0932MOTION for Summary Judgment filed by Sierra Club. Motion Hearing set for 12/18/2018 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Responses due by 11/28/2018. Replies due by 12/4/2018. (Attachments: # 1 Proposed Order, # 2 Exhibit Table of Exhibits, # 3 Exhibit Abell Declaration, # 4 Exhibit Chamberlain Declaration, # 5 Exhibit Darby Declaration, # 6 Exhibit Saxonhouse Declaration, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I)(Darby, Marta) (Filed on 11/9/2018) (Entered: 11/09/2018)
2018-11-2833CLERK'S NOTICE: The parties are hereby notified that the hearing on the motion for summary judgment is rescheduled to 12/20/2018 at 9:30 AM 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 11/28/2018) (Entered: 11/28/2018)
2018-11-2834OPPOSITION/RESPONSE (re 32 MOTION for Summary Judgment ) filed byUnited States Environmental Protection Agency. (Attachments: # 1 Declaration of Brian Hope)(Zack, Adrienne) (Filed on 11/28/2018) (Entered: 11/28/2018)
2018-12-0435REPLY (re 32 MOTION for Summary Judgment ) filed bySierra Club. (Attachments: # 1 Exhibit, # 2 Declaration)(Saxonhouse, Elena) (Filed on 12/4/2018) (Entered: 12/04/2018)
2018-12-1136NOTICE by United States Environmental Protection Agency of Filing of Supplemental Declaration (Zack, Adrienne) (Filed on 12/11/2018) (Entered: 12/11/2018)
2018-12-1137Declaration of Brian Hope in Support of 34 Opposition/Response to Motion - Supplemental filed byUnited States Environmental Protection Agency. (Related document(s) 34 ) (Zack, Adrienne) (Filed on 12/11/2018) (Entered: 12/11/2018)
2018-12-2038Minute Entry for proceedings held on 12/20/2018 before Magistrate Judge Elizabeth D. Laporte regarding the motion for summary judgment. Hearing held. The parties shall meet and confer and submit a written update to the Court by 1/9/2019. The aforementioned update shall include agreements made between the parties and competing proposals if any disputes remain unresolved. FTR Time: 10:04 - 10:30 Plaintiff Attorneys: Elena Saxonhouse and Marta Darby Defendant Attorney: Adrienne Zack (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Date Filed: 12/20/2018) (Entered: 12/21/2018)
2018-12-2639ORDER Granting Plaintiff's Motion for Partial Summary Judgment and Addressing the Production Schedule by Magistrate Judge Elizabeth D. Laporte: granting 32 Motion. (shyS, COURT STAFF) (Filed on 12/26/2018) (Entered: 12/26/2018)
2018-12-2740ADMINISTRATIVE MOTION to Stay Deadline to Meet and Confer and File Update filed by United States Environmental Protection Agency. Responses due by 12/31/2018. (Attachments: # 1 Declaration of Adrienne Zack, # 2 Proposed Order)(Zack, Adrienne) (Filed on 12/27/2018) (Entered: 12/27/2018)
2018-12-2841OPPOSITION/RESPONSE (re 40 ADMINISTRATIVE MOTION to Stay Deadline to Meet and Confer and File Update ) filed bySierra Club. (Attachments: # 1 Proposed Order Plaintiff's Proposed Order)(Saxonhouse, Elena) (Filed on 12/28/2018) (Entered: 12/28/2018)
2019-01-0242ORDER on Defendant's Administrative Motion to Stay Deadline to Meet and Confer and File Update signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/2/2019) (Entered: 01/02/2019)
2019-01-1543ADMINISTRATIVE MOTION To Lift Stay re 42 Order filed by Sierra Club. Responses due by 1/22/2019. (Attachments: # 1 Declaration, # 2 Proposed Order)(Saxonhouse, Elena) (Filed on 1/15/2019) (Entered: 01/15/2019)
2019-01-1544ORDER Re: Plaintiff's Administrative Motion to Lift Stay by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/15/2019) (Entered: 01/15/2019)
2019-01-1645OPPOSITION/RESPONSE (re 43 ADMINISTRATIVE MOTION To Lift Stay re 42 Order ) filed byUnited States Environmental Protection Agency. (Zack, Adrienne) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-1646Proposed Order re 45 Opposition/Response to Motion by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-1647ORDER Granting Plaintiff's Administrative Motion to Lift Stay signed by Magistrate Judge Elizabeth D. Laporte: granting as modified 43 Administrative Motion. (shyS, COURT STAFF) (Filed on 1/16/2019) (Entered: 01/16/2019)
2019-01-2248STATUS REPORT JOINT STATUS UPDATE ON DOCUMENT PRODUCTION SCHEDULE by Sierra Club. (Attachments: # 1 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER 49 FOR THE CORRECTION Proposed Order)(Darby, Marta) (Filed on 1/22/2019) Modified on 1/23/2019 (aaaS, COURT STAFF). (Entered: 01/22/2019)
2019-01-2349Proposed Order re 48 Status Report CORRECTION of Dkt. No. 48-1 by Sierra Club. (Darby, Marta) (Filed on 1/23/2019) (Entered: 01/23/2019)
2019-01-2350ORDER Setting Document Production Schedule for Tier One and Tier Two Documents signed by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/23/2019) (Entered: 01/23/2019)
2019-02-2151NOTICE of Change In Counsel by Marta R. Darby (Darby, Marta) (Filed on 2/21/2019) (Entered: 02/21/2019)
2019-03-1952STIPULATION WITH PROPOSED ORDER Regarding Document Production Schedule and Joint Status Update filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 3/19/2019) (Entered: 03/19/2019)
2019-03-2053ORDER granting Stipulation on Document Production Schedule signed by Magistrate Judge Elizabeth D. Laporte: granting 52 Stipulation. (shyS, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)
2019-05-0854JOINT STIPULATION AND [PROPOSED] ORDER to Modify Production Schedule filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration)(Zack, Adrienne) (Filed on 5/8/2019) (Entered: 05/08/2019)
2019-05-0855Order by Magistrate Judge Elizabeth D. Laporte granting 54 Joint Stipulation to Modify Production Schedule. (mllS, COURT STAFF) (Filed on 5/8/2019) (Entered: 05/09/2019)
2019-07-0156JOINT STATUS UPDATE AND STIPULATION ON DOCUMENT PRODUCTION SCHEDULE WITH [PROPOSED] ORDER; by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 7/1/2019) Modified on 7/2/2019 (aaaS, COURT STAFF). (Entered: 07/01/2019)
2019-07-01Electronic filing error . Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: 56 STIPULATION WITH PROPOSED ORDER filed by United States Environmental Protection Agency The Correct Event is Stipulation & Proposed Order not Status Report (aaaS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/02/2019)
2019-07-0257ORDER directed parties to file a further status report by 9/6/2019 signed by Magistrate Judge Elizabeth D. Laporte: granting 56 Stipulation. (shyS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)
2019-09-0658STIPULATION WITH PROPOSED ORDER and Status Update filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/6/2019) (Entered: 09/06/2019)
2019-09-0959Order by Magistrate Judge Elizabeth D. Laporte granting 58 Stipulation and Status Update. Further Status Report due by 11/1/2019.(tmiS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)
2019-10-2860ORDER 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)
2019-10-3161STIPULATION WITH PROPOSED ORDER and Status Update filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/31/2019) (Entered: 10/31/2019)
2019-11-0762CLERK'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 11/15/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor before Chief Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 11/7/2019) (Entered: 11/07/2019)
2019-11-0863MOTION to Appear by Telephone filed by Sierra Club. (Issod, Andrea) (Filed on 11/8/2019) (Entered: 11/08/2019)
2019-11-1264Order, signed as modified on 11/12/19, by Chief Magistrate Judge Joseph C. Spero granting 63 Motion to Appear by Telephone for Andrea Issod on 11/15/19 at 2:00 PM.(klhS, COURT STAFF) (Filed on 11/12/2019) (Entered: 11/12/2019)
2019-11-1865Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 11/15/2019. Case Management Statement due by 2/21/2020. Further Case Management Conference set for 2/28/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. FTR Time: Not Reported. Plaintiff Attorney: Andrea Issod (CourtCall). Defendant Attorney: Adrienne Zack. (klhS, COURT STAFF) (Date Filed: 11/18/2019) (Entered: 11/18/2019)
2019-11-1866Order, signed 11/18/19, by Chief Magistrate Judge Joseph C. Spero granting 61 Stipulation to file further status report. Status Report due by 7/31/2020.(klhS, COURT STAFF) (Filed on 11/18/2019) (Entered: 11/18/2019)
2020-02-0367ORDER 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)
2020-02-0568ORDER of Recusal by Magistrate Judge Alex G. Tse. (shyS, COURT STAFF) (Filed on 2/5/2020) (Entered: 02/05/2020)
2020-02-0669ORDER, 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) (Entered: 02/06/2020)
2020-02-0770ORDER 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)
2020-07-3071STATUS REPORT by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 7/30/2020) (Entered: 07/30/2020)
2020-07-3172ORDER GRANTING re 71 Status Report and Stipulation filed by United States Environmental Protection Agency. Status Report due 8/28/2020. Signed by Chief Judge Joseph C. Spero on 7/31/2020. (klhS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)
2020-07-3173CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 9/25/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to jcscrd@cand.uscourts.gov by no later than September 22, 2020 by 3:00 PM PDT. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Case participants may also receive an email invitation from the court with different information which should be followed. All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09 Meeting ID: 161 926 0804 Password: 050855 Dial by your location +1 929 205 6099 US (New York) +1 253 215 8782 US +1 301 715 8592 US +1 312 626 6799 US (Chicago) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) Find your local number: https://zoom.us/u/ac4JkPfcjo For important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/ . Case Management Statement due 9/18/2020. Further Case Management Conf erence set for 9/25/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)
2020-08-2874STIPULATION WITH PROPOSED ORDER for Briefing Schedule and Status Update filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-3175Order, signed as modified on 8/31/2020, by Chief Magistrate Judge Joseph C. Spero granting 74 Stipulation. EPA's Cross Motions due by 10/9/2020. Plaintiff's Dispositive Motion due by 9/25/2020. Plaintiff's Replies/Opposition to Cross-Motion due by 10/23/2020. EPA's Opposition/ Responses due by 10/9/2020. Plaintiff's Reply due 10/30/2020. Motion Hearing, by Zoom Webinar, Zoom ID: 161 926 0804. Password: 050855, set for 12/4/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Chief Magistrate Judge Joseph C. Spero.(klhS, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-09-1876JOINT CASE MANAGEMENT STATEMENT filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 9/18/2020) (Entered: 09/18/2020)
2020-09-2877Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 9/25/2020. Further Case Management Conference, if necessary, set for 12/11/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://w ww.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 12/11/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. FTR Time: Not Reported. Plaintiff Attorney: Elena Saxonhouse. Defendant Attorney: Adrienne Zack. (klhS, COURT STAFF) (Date Filed: 9/28/2020) (Entered: 09/28/2020)
2020-10-0278STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/2/2020) (Entered: 10/02/2020)
2020-10-0479Order, signed 10/2/2020, by Chief Magistrate Judge Joseph C. Spero granting 78 Stipulation Regarding Remaining Issues to be Resolved. Dispositive Motion due by 10/9/2020. Replies due by 10/30/2020. Responses due by 10/23/2020.(klhS, COURT STAFF) (Filed on 10/4/2020) (Entered: 10/04/2020)
2020-10-0980MOTION for Clawback , MOTION for Summary Judgment filed by United States Environmental Protection Agency. Responses due by 10/23/2020. Replies due by 10/30/2020. (Attachments: # 1 Declaration of Elizabeth White, # 2 Exhibit 1, # 3 Declaration of Adrienne Zack, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Proposed Order)(Zack, Adrienne) (Filed on 10/9/2020) (Entered: 10/09/2020)
2020-10-2381OPPOSITION/RESPONSE (re 80 MOTION for Clawback; MOTION for Summary Judgment) filed by Sierra Club. (Attachments: # 1 Declaration of Elena Saxonhouse in Support of Plaintiffs Response to Defendants Motion for Clawback and Summary Judgment, # 2 Proposed Order denying Defendants Motion for Clawback and Summary Judgment)(Saxonhouse, Elena) (Filed on 10/23/2020) Modified on 10/27/2020 (slhS, COURT STAFF). (Entered: 10/23/2020)
2020-10-3082REPLY in Support (re 80 MOTION for Clawback MOTION for Summary Judgment) filed by United States Environmental Protection Agency. (Zack, Adrienne) (Filed on 10/30/2020) (Entered: 10/30/2020)
2020-12-0383CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing as to 80 MOTION for Clawback MOTION for Summary Judgment set for 12/4/2020 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts. gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . . (Related documents(s) 80 ) (This is a text-only en try generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)
2020-12-0384CLERK'S NOTICE SETTING ZOOM HEARING, ADVANCING TIME FOR CASE MANAGEMENT CONFERENCE AND Continuing Motion Hearing as to 80 MOTION for Clawback MOTION for Summary Judgment . Motion Hearing and Further Case Management Conference re-set for 12/11/2020 09:30 AM in San Francisco, - Videoconference Only before Chief Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconfe rence are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (Related documents(s) 80 )(klhS, COURT STAFF) (Filed on 12/3/2020) (This is a text-only entry generated by the court. There is no document associated with this entry.) , (Entered: 12/03/2020)
2020-12-0885Order by Chief Magistrate Judge Joseph C. Spero denying 80 EPA's Motion to Claw Back Documents and for Summary Judgment. (jcslc2S, COURT STAFF) (Filed on 12/8/2020) (Entered: 12/08/2020)
2020-12-0986CLERK'S NOTICE VACATING FURTHER CASE MANAGEMENT CONFERENCE SET FOR Friday, December 11, 2020 at 9;30 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)
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