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Case TitleENVIRONMENTAL DEFENSE FUND v. UNITED STATES DEPARTMENT OF TRANSPORTATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv03004
Date Filed2018-12-19
Date Closed2021-10-01
JudgeJudge Carl J. Nichols
PlaintiffENVIRONMENTAL DEFENSE FUND
Case DescriptionThe Environmental Defense Fund submitted three FOIA requests to the Department of Transportation for records concerning correspondence to or from Secretary Elaine Chao, the director and deputy director of the National Highway Traffic Safety Administration pertaining to a joint rulemaking between DOT and the EPA to weaken the clean car standards. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, EDF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF TRANSPORTATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-191COMPLAINT for Declaratory and Injunctive Relief against UNITED STATES DEPARTMENT OF TRANSPORTATION ( Filing fee $ 400 receipt number 0090-5849037) filed by ENVIRONMENTAL DEFENSE FUND. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons U.S. Attorney General, # 9 Summons U.S. Department of Transportation, # 10 Summons U.S. Attorney's Office for the District of Columbia)(Burgess, Tyler) (Entered: 12/19/2018)
2018-12-19Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 12/21/2018)
2018-12-212STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/21/2018. (lctnm2) (Entered: 12/21/2018)
2018-12-213SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 12/21/2018)
2019-01-024LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL DEFENSE FUND (Burgess, Tyler) (Entered: 01/02/2019)
2019-01-025MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nathaniel Hunt, :Firm- Kaplan Kirsch & Rockwell LLP, :Address- 1675 Broadway, Suite 2300, Denver, CO 80202. Phone No. - (303) 825-7000. Fax No. - (303) 825-7005 Filing fee $ 100, receipt number 0090-5865955. Fee Status: Fee Paid. by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Burgess, Tyler) (Entered: 01/02/2019)
2019-01-026MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samantha R. Caravello, :Firm- Kaplan Kirsch & Rockwell LLP, :Address- 1675 Broadway, Suite 2300, Denver, CO 80202. Phone No. - (303) 825-7000. Fax No. - (303) 825-7005 Filing fee $ 100, receipt number 0090-5865994. Fee Status: Fee Paid. by ENVIRONMENTAL DEFENSE FUND (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Burgess, Tyler) (Entered: 01/02/2019)
2019-01-02MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice ; granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel Nathaniel Hunt and Samantha Caravello shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 1/2/2019. (lctnm2) (Entered: 01/02/2019)
2019-01-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/7/2019. Answer due for ALL FEDERAL DEFENDANTS by 2/6/2019. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/7/2019. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF TRANSPORTATION served on 1/12/2019. (Attachments: # 1 Exhibit)(Burgess, Tyler); Modified text on 1/30/2019 (tth). (Entered: 01/29/2019)
2019-02-068Consent MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF TRANSPORTATION (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 02/06/2019)
2019-02-07MINUTE ORDER granting 8 Motion for Extension of Time. Upon considering the Defendant's 8 Consent Motion for an Extension of Time, it is hereby ordered that the Defendant shall file its response to the Plaintiff's Complaint on or before February 13, 2019. Signed by Judge Trevor N. McFadden on 02/07/2019. (lctnm2) (Entered: 02/07/2019)
2019-02-07Set/Reset Deadlines: Defendant's response to the Plaintiff's Complaint due by 2/13/2019. (hmc) (Entered: 02/07/2019)
2019-02-139NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of UNITED STATES DEPARTMENT OF TRANSPORTATION Substituting for attorney Brian P. Hudak (Hammond, Derek) (Entered: 02/13/2019)
2019-02-1310ANSWER to Complaint by UNITED STATES DEPARTMENT OF TRANSPORTATION.(Hammond, Derek) (Entered: 02/13/2019)
2019-02-14MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 14, 2018. Signed by Judge Trevor N. McFadden on 02/14/2019. (lctnm2) (Entered: 02/14/2019)
2019-02-14Set/Reset Deadlines: Joint Status Report due by 3/14/2019. (hmc) (Entered: 02/14/2019)
2019-03-1411Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 03/14/2019)
2019-03-15MINUTE ORDER. Upon considering the parties' 11 Joint Status Report, its is hereby ordered that the parties shall appear for an initial scheduling conference on April 1, 2019, at 10 am in Courtroom 2. Signed by Judge Trevor N. McFadden on 03/15/2019. (lctnm2) Modified on 3/15/2019 (hmc). (Entered: 03/15/2019)
2019-03-15Set/Reset Hearings: Initial Scheduling Conference set for 4/1/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 03/15/2019)
2019-04-01MINUTE ORDER. Upon considering the parties' 11 Joint Status Report and their representations at the April 1, 2019, Status Conference, it is hereby ordered that the parties shall file a Joint Status Report on or before May 1, 2019, and every 60 days thereafter. The status reports should update the Court on the status of the Defendant's processing of the Plaintiff's request, including what productions have been made to the Plaintiff. Signed by Judge Trevor N. McFadden on 04/01/2019. (lctnm2) (Entered: 04/01/2019)
2019-04-01Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 4/1/2019. Joint Status Report due by 5/1/2019, and every 60 days thereafter. (Court Reporter: Nancy Meyer.) (hmc) Modified on 4/1/2019 (hmc). (Entered: 04/01/2019)
2019-05-0112Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 05/01/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Trevor N. McFadden is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-06-2813NOTICE OF WITHDRAWAL OF APPEARANCE as to ENVIRONMENTAL DEFENSE FUND. Attorney Tyler L. Burgess terminated. (Burgess, Tyler) (Entered: 06/28/2019)
2019-07-0114Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 07/01/2019)
2019-08-3015Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Hunt, Nathaniel) (Entered: 08/30/2019)
2019-09-06MINUTE ORDER. Upon review of the Parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall submit a Joint Status Report by October 3 and shall include details on the next production of potentially responsive documents. Plaintiff's request for a status conference is DENIED, but Plaintiff may renew its request in the next Joint Status Report. Signed by Judge Carl J. Nichols on September 6, 2019. (lccjn2) (Entered: 09/06/2019)
2019-09-06Set/Reset Deadlines/Hearings: Joint Status Report due by 10/3/2019. (zcdw) (Entered: 09/09/2019)
2019-10-0316Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 10/03/2019)
2019-10-04MINUTE ORDER. Upon review of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by December 10, 2019. It is further ORDERED that a status conference is set for December 12, 2019 at 10:00 AM in Courtroom 19. Signed by Judge Carl J. Nichols on October 4, 2019. (lccjn2) (Entered: 10/04/2019)
2019-10-0417ENTERED IN ERROR.....ORDER setting hearing on Greenhall Defendants' 45 Motion to Dismiss and Plaintiff's 51 Motion for Default Judgment on October 23, 2019 at 10:00 AM in Courtroom 19. Signed by Judge Carl J. Nichols on October 4, 2019. (lccjn2) Modified text on 10/4/2019 (zcdw). (Entered: 10/04/2019)
2019-10-04NOTICE OF CORRECTED DOCKET ENTRY re 17 : Please disregard the Order at docket 17. The order was erroneously filed in this case. (zcdw) (Entered: 10/04/2019)
2019-12-09Set/Reset Deadlines/Hearings: Status Conference set for 12/12/2019 at 10:00 AM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) (Entered: 12/09/2019)
2019-12-0918NOTICE of Appearance by Benjamin Michael Levitan on behalf of ENVIRONMENTAL DEFENSE FUND (Levitan, Benjamin) (Entered: 12/09/2019)
2019-12-10Set/Reset Deadlines/Hearings: Status Conference reset for 12/19/2019 at 10:00 AM in Courtroom 19 before Judge Carl J. Nichols. (zcdw) (Entered: 12/10/2019)
2019-12-1019NOTICE of Appearance by William J. Chang on behalf of UNITED STATES DEPARTMENT OF TRANSPORTATION (Chang, William) (Entered: 12/10/2019)
2019-12-1020Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Chang, William) (Entered: 12/10/2019)
2019-12-19Minute Entry for proceedings held before Judge Carl J. Nichols: Status Conference held on 12/19/2019. Parties directed to file the next joint status report by 1/31/2020. (Court Reporter: Cathryn Jones) (zcdw) (Entered: 12/19/2019)
2020-01-3121Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 01/31/2020)
2020-02-03MINUTE ORDER. Upon review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by March 31, 2020. Signed by Judge Carl J. Nichols on February 3, 2020. (lccjn2) (Entered: 02/03/2020)
2020-02-03Set/Reset Deadlines/Hearings: Joint Status Report due by 3/31/2020. (zcdw) (Entered: 02/04/2020)
2020-03-3122Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 03/31/2020)
2020-04-01MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by June 1, 2020. Signed by Judge Carl J. Nichols on April 1, 2020. (lccjn2) (Entered: 04/01/2020)
2020-04-01Set/Reset Deadlines/Hearings: Joint Status Report due by 6/1/2020. (zcdw) (Entered: 04/01/2020)
2020-06-0123Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 06/01/2020)
2020-06-02MINUTE ORDER. Upon review of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by July 31, 2020. Signed by Judge Carl J. Nichols on June 2, 2020. (lccjn2) (Entered: 06/02/2020)
2020-06-02Set/Reset Deadlines/Hearings: Joint Status Report due by 7/31/2020. (zcdw) (Entered: 06/02/2020)
2020-07-3124Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 07/31/2020)
2020-08-03MINUTE ORDER. Upon review of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by September 29, 2020. Signed by Judge Carl J. Nichols on August 3, 2020. (lccjn2) (Entered: 08/03/2020)
2020-08-03Set/Reset Deadlines: Joint Status Report due by 9/29/2020. (zcal) (Entered: 08/04/2020)
2020-09-2925Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 09/29/2020)
2020-10-01MINUTE ORDER. Upon review of the Parties' 25 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by November 30, 2020. Signed by Judge Carl J. Nichols on October 1, 2020. (lccjn2) (Entered: 10/01/2020)
2020-10-01Set/Reset Deadlines: Joint Status Report due by 11/30/2020. (zcal) (Entered: 10/01/2020)
2020-11-3026Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Caravello, Samantha) (Entered: 11/30/2020)
2020-11-30MINUTE ORDER. Upon review of the Parties' 26 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by January 8, 2021. Signed by Judge Carl J. Nichols on November 30, 2020. (lccjn2) (Entered: 11/30/2020)
2020-11-30Set/Reset Deadlines: Joint Status Report due by 1/8/2021. (zcal) (Entered: 12/01/2020)
2021-01-0827Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 01/08/2021)
2021-01-11MINUTE ORDER. Upon review of the Parties' 27 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by February 8, 2021. Signed by Judge Carl J. Nichols on January 11, 2021. (lccjn2) (Entered: 01/11/2021)
2021-01-11Set/Reset Deadlines: Joint Status Report due by 2/8/2021. (zcal) (Entered: 01/12/2021)
2021-02-0828Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 02/08/2021)
2021-02-15MINUTE ORDER. Upon review of the Parties' 28 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by March 10, 2021. Signed by Judge Carl J. Nichols on February 15, 2021. (lccjn2) (Entered: 02/15/2021)
2021-02-15Set/Reset Deadlines: Joint Status Report due by 3/10/2021. (zcal) (Entered: 02/16/2021)
2021-03-1029Joint STATUS REPORT by ENVIRONMENTAL DEFENSE FUND. (Caravello, Samantha) (Entered: 03/10/2021)
2021-03-12MINUTE ORDER. Upon review of the Parties' 29 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by April 12, 2021. Signed by Judge Carl J. Nichols on March 12, 2021. (lccjn2) (Entered: 03/12/2021)
2021-03-15Set/Reset Deadlines: Joint Status Report due by 4/12/2021. (zcal) (Entered: 03/15/2021)
2021-04-1230Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 04/12/2021)
2021-04-15MINUTE ORDER. Upon review of the Parties' 30 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by May 12, 2021. Signed by Judge Carl J. Nichols on April 15, 2021. (lccjn2) (Entered: 04/15/2021)
2021-05-1231Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 05/12/2021)
2021-05-18MINUTE ORDER. Upon review of the Parties' 31 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by July 12, 2021. Signed by Judge Carl J. Nichols on May 18, 2021. (lccjn2) (Entered: 05/18/2021)
2021-05-18Set/Reset Deadlines: Joint Status Report due by 7/12/2021. (zcal) (Entered: 05/18/2021)
2021-07-1232Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 07/12/2021)
2021-07-12MINUTE ORDER. Upon review of the Parties' 32 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by September 10, 2021. Signed by Judge Carl J. Nichols on July 12, 2021. (lccjn2) (Entered: 07/12/2021)
2021-07-12Set/Reset Deadlines: Joint Status Report due by 9/10/2021. (zcal) (Entered: 07/13/2021)
2021-07-14Set/Reset Deadlines: Joint Status Report due by 9/10/2021. (zcal) (Entered: 07/14/2021)
2021-09-1033Joint STATUS REPORT by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 09/10/2021)
2021-09-15MINUTE ORDER. Upon review of the Parties' 33 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report on or before November 9, 2021. Signed by Judge Carl J. Nichols on September 15, 2021. (lccjn2) (Entered: 09/15/2021)
2021-09-15Set/Reset Deadlines: Joint Status Report due by 11/9/2021. (zcal) (Entered: 09/15/2021)
2021-09-3034STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF TRANSPORTATION. (Hammond, Derek) (Entered: 09/30/2021)
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