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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02656
Date Filed2019-09-05
Date Closed2020-10-02
JudgeJudge Christopher R. Cooper
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted FOIA requests to the EPA and the FDA for records concerning communications between the EPA, the FDA, and the Centers for Disease Control pertaining to the use of several antibiotics in pesticides. CBD had received records in response to a separate FOIA request to the CDC that identified a study pertaining to the pesticide use. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CBD filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
DefendantU.S. FOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-051COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6358723) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney General, # 3 Summons U.S. Environmental Protection Agency, # 4 Summons U.S. Food and Drug Administration, # 5 Summons U.S. Attorney)(Connor, Hannah) (Entered: 09/05/2019)
2019-09-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Connor, Hannah) (Entered: 09/05/2019)
2019-09-09Case Assigned to Judge Christopher R. Cooper. (zeg) (Entered: 09/09/2019)
2019-09-093SUMMONS (4) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/09/2019)
2019-09-134NOTICE of Appearance by Jonathan Carter Evans on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Evans, Jonathan) (Entered: 09/13/2019)
2019-09-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/17/2019. Answer due for ALL FEDERAL DEFENDANTS by 10/17/2019. (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 09/26/2019)
2019-09-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/17/2019. (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 09/26/2019)
2019-09-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 9/16/2019 (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 09/26/2019)
2019-09-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FOOD AND DRUG ADMINISTRATION served on 9/17/2019 (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 09/26/2019)
2019-10-079NOTICE of Appearance by Alan Burch on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION (Burch, Alan) (Entered: 10/07/2019)
2019-10-1710ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION.(Burch, Alan) (Entered: 10/17/2019)
2019-10-17MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure by November 1, 2019. Signed by Judge Christopher R. Cooper on 10/17/19. (lccrc2) (Entered: 10/17/2019)
2019-10-18Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/1/2019 (lsj) (Entered: 10/18/2019)
2019-11-0111Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION. (Burch, Alan) (Entered: 11/01/2019)
2019-11-08MINUTE ORDER: In light of 11 the parties' joint status report, the parties are directed to file a joint status report by February 3, 2020, which shall include a joint proposed briefing schedule or a joint proposed schedule for remaining productions. Signed by Judge Christopher R. Cooper on 11/8/19. (lccrc2) (Entered: 11/08/2019)
2019-11-08Set/Reset Deadlines: Joint Status Report due by 2/3/2020. (znbn) (Entered: 11/08/2019)
2020-02-0312Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION. (Burch, Alan) (Entered: 02/03/2020)
2020-02-04MINUTE ORDER: In light of 12 the parties' latest joint status report, the parties are directed to file their next joint status report by March 18, 2020, which shall include an update on the status of production, and, if disputes remain, a joint proposed briefing schedule. Signed by Judge Christopher R. Cooper on 2/4/20. (lccrc2) (Entered: 02/04/2020)
2020-03-1813Joint STATUS REPORT AND PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 03/18/2020)
2020-03-1814PROPOSED BRIEFING SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY. (ztd); (See docket entry no. 13 to view.) (Entered: 03/18/2020)
2020-03-18MINUTE ORDER: In light of 13 the parties' latest joint status report, the parties are directed to file their next joint status report by May 13, 2020, which shall include an update on any additional responsive records and/or the Vaughn index and, if necessary, a joint proposed summary judgment briefing schedule. Signed by Judge Christopher R. Cooper on 3/18/20. (lccrc2) (Entered: 03/18/2020)
2020-03-19Set/Reset Deadlines: Joint Status Report due by 5/13/2020 (lsj) (Entered: 03/19/2020)
2020-05-1315Joint STATUS REPORT AND PROPOSED SCHEDULE by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 05/13/2020)
2020-05-14MINUTE ORDER: In light of 15 the parties' latest joint status report, the parties shall file their next joint status report by July 10, 2020, which shall include an update on whether any issues remain and, if so, a joint proposed summary judgment briefing schedule. Signed by Judge Christopher R. Cooper on 5/14/20. (lccrc2) (Entered: 05/14/2020)
2020-05-14Set/Reset Deadlines: Joint Status Report due by 7/10/2020 (lsj) (Entered: 05/14/2020)
2020-07-1016Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION. (Burch, Alan) (Entered: 07/10/2020)
2020-07-14MINUTE ORDER: In light of 16 the parties' latest joint status report, the parties shall file their next joint status report by September 10, 2020, which shall include an update on whether any issues remain and, if so, a joint proposed summary judgment briefing schedule. Signed by Judge Christopher R. Cooper on 7/14/20. (lccrc2) (Entered: 07/14/2020)
2020-07-14Set/Reset Deadlines: Joint Status Report due by 9/10/2020 (lsj) (Entered: 07/14/2020)
2020-09-1017Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION. (Burch, Alan) (Entered: 09/10/2020)
2020-09-11MINUTE ORDER: Upon consideration of the 17 Joint Status Report, the Court hereby ORDERS that the parties shall file a further Joint Status Report on or before October 23, 2020, notifying the Court whether they have reached a resolution regarding fees and costs or intend to move into summary judgment briefing regarding that issue. Should the parties determine that summary judgment is necessary to resolve this matter fully, the Parties shall propose a schedule for further proceedings in the Joint Status Report due October 23, 2020. Signed by Judge Christopher R. Cooper on 09/11/2020. (lccrc3) (Entered: 09/11/2020)
2020-09-2218NOTICE of Appearance by Robert Aaron Caplen on behalf of All Defendants (Caplen, Robert) (Entered: 09/22/2020)
2020-09-3019STIPULATION of Dismissal by U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Settlement Agreement)(Burch, Alan) (Entered: 09/30/2020)
2020-09-3020NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FOOD AND DRUG ADMINISTRATION. Attorney Alan Burch terminated. (Burch, Alan) (Entered: 09/30/2020)
2020-10-02MINUTE ORDER: In light of the 19 Stipulation of Dismissal, this case is hereby dismissed. Consistent with the agreement of the parties, the Court retains jurisdiction to enforce the Settlement Agreement. Signed by Judge Christopher R. Cooper on 10/02/2020. (lccrc3) (Entered: 10/02/2020)
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