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Case TitleSCHAEFER v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02702
Date Filed2020-09-21
Date Closed2023-03-30
JudgeJudge Christopher R. Cooper
PlaintiffJASON PAUL SCHAEFER
DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [36]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-211COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY (Filing fee $ 400; Receipt No.: 4616104219) filed by JASON PAUL SCHAEFER. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope, # 3 Attachment 1, # 4 Attachment 2)(ztd) Modified on 9/30/2020 (ztd). (Entered: 09/30/2020)
2020-09-21SUMMONS Not Issued as to ENVIRONMENTAL PROTECTION AGENCY, US Attorney and Attorney General (ztd) (Entered: 10/06/2020)
2020-12-072MOTION for Extension of Time by JASON PAUL SCHAEFER (ztd) (Entered: 12/14/2020)
2020-12-16MINUTE ORDER granting 2 Motion for Extension of Time: The time for plaintiff to effectuate service pursuant to Fed. R. Civ. P. 4(c), 4(i) is hereby extended to February 1, 2021. Plaintiff is advised that he must complete the summons forms (including any updated address) and return them to the Clerk's Office for signature before executing service. SO ORDERED. Signed by Judge Christopher R. Cooper on 12/16/2020. (lccrc1) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Time to effectuate service upon party due by 2/1/2021. (lsj) (Entered: 12/16/2020)
2020-12-28SUMMONS (3) Issued as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (zjf) (Entered: 12/28/2020)
2021-01-223RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 1/12/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/12/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/12/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 2/11/2021.) (ztd) (Entered: 01/27/2021)
2021-02-084MOTION for Extension of Time to File Answer by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 02/08/2021)
2021-02-11MINUTE ORDER granting 4 Motion for Extension of Time: It is hereby ORDERED that the Environmental Protection Agency shall file its answer by March 12, 2021. Signed by Judge Christopher R. Cooper on 2/11/2021. (lccrc1) (Entered: 02/11/2021)
2021-02-11Set/Reset Deadlines: Answer due by 3/12/2021. (znbn) (Entered: 02/16/2021)
2021-02-185NOTICE of Appearance by Thomas Duffey on behalf of ENVIRONMENTAL PROTECTION AGENCY (Duffey, Thomas) (Entered: 02/18/2021)
2021-02-196CERTIFICATE OF SERVICE by ENVIRONMENTAL PROTECTION AGENCY re 5 Notice of Appearance . (Duffey, Thomas) (Entered: 02/19/2021)
2021-03-117ANSWER to 1 Complaint, by ENVIRONMENTAL PROTECTION AGENCY.(Duffey, Thomas) (Entered: 03/11/2021)
2021-03-12MINUTE 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 March 26, 2021. Signed by Judge Christopher R. Cooper on 3/12/2021. (lccrc1) (Entered: 03/12/2021)
2021-03-15Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 3/26/2021 (lsj) (Entered: 03/15/2021)
2021-03-258MOTION for Extension of Time to file status report by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 03/25/2021)
2021-03-29MINUTE ORDER granting 8 Motion for Extension of Time: The parties shall file a proposed schedule for briefing or disclosure by April 26, 2021. Signed by Judge Christopher R. Cooper on 3/29/2021. (lccrc1) (Entered: 03/29/2021)
2021-04-269STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 04/26/2021)
2021-04-27MINUTE ORDER: In light of the 9 Status Report, defendant shall file a further status report by June 25, 2021. Signed by Judge Christopher R. Cooper on 4/27/2021. (lccrc1) (Entered: 04/27/2021)
2021-05-2510Mail Returned as Undeliverable; Sent to Jason Schaefer; Type of Document Returned: Docket Sheet;.. (eg) (Entered: 05/26/2021)
2021-06-0111Mail Returned as Undeliverable sent to Jason Paul Schaeffer. Type of Document Returned: Minute Order entered 4/27/2021. Resent at New Address: not provided; unable to forward. (lsj) (Entered: 06/01/2021)
2021-06-2512STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 06/25/2021)
2021-06-29MINUTE ORDER: In light of the 12 Status Report, defendant is hereby ORDERED to file a further status report by August 25, 2021. Signed by Judge Christopher R. Cooper on 6/29/2021. (lccrc1) (Entered: 06/29/2021)
2021-06-30Set/Reset Deadlines: Status Report due by 8/25/2021 (lsj) (Entered: 06/30/2021)
2021-08-2513STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 08/25/2021)
2021-08-27MINUTE ORDER: In light of the 13 Status Report, the government is hereby ORDERED to file a further status report by September 27, 2021, and to propose a briefing schedule should plaintiff indicate that he still disputes the adequacy of the search. Signed by Judge Christopher R. Cooper on 8/27/2021. (lccrc1) (Entered: 08/27/2021)
2021-08-30Set/Reset Deadlines: Status Report due by 9/27/2021 (lsj) (Entered: 08/30/2021)
2021-09-0314NOTICE of Change of Address by JASON PAUL SCHAEFER (ztd) (Entered: 09/14/2021)
2021-09-2715STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 09/27/2021)
2021-09-28MINUTE ORDER: In light of the 15 Status Report of the Defendant, the Court hereby sets the following deadlines. The Defendant shall file its motion for summary judgment with accompanying Vaughn Index by December 10, 2021. The Plaintiff shall file an opposition and any cross-motion by January 10, 2022. Defendant shall file its reply by January 24, 2022. Plaintiff shall file any further reply in support of any cross-motion, if applicable, by February 7, 2022. SO ORDERED by Judge Christopher R. Cooper on 9/28/2021. (lcgl) (Entered: 09/28/2021)
2021-10-1416Mail Returned as Undeliverable re Minute Order entered on 8/27/2021. Sent to Jason Paul Schaefer; new Address not provided, unable to forward. (lsj) (Entered: 10/14/2021)
2021-12-1017MOTION for Summary Judgment with proposed order by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit Vaughn index, # 13 Certificate of Service)(Duffey, Thomas) (Entered: 12/10/2021)
2021-12-1018ERRATA Complete Declaration of Walker Signed by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 12/10/2021)
2021-12-1419Order advising plaintiff to respond to 17 the Motion for Summary Judgment by January 10, 2022, or Court may deem matter as conceded. Signed by Judge Christopher R. Cooper on 12/14/2021. (lccrc2) (Entered: 12/14/2021)
2022-01-0520MOTION to Continue by JASON PAUL SCHAEFER. (znmw) (Entered: 01/07/2022)
2022-01-10MINUTE ORDER granting in part 20 Motion to Continue. The Court hereby extends the briefing schedule in this case by 30 days. The Plaintiff shall file an opposition to Defendant's summary judgment motion and any cross-motion by February 9, 2022. Defendant shall file its reply by February 23, 2022. Plaintiff shall file any further reply in support of any cross-motion, if applicable, by March 9, 2022. It is further ORDERED that the Defendant shall submit a response to Plaintiff's motion indicating his current medical status and access to legal material at USP Pollock. The Court will assess and further extension requests in light of that information. Signed by Judge Christopher R. Cooper on 1/10/2022. (lccrc1) (Entered: 01/10/2022)
2022-01-19MINUTE ORDER: The Plaintiff is hereby reminded that all communication with the Court should be through formal notice or motion, not by letters to chambers. Signed by Judge Christopher R. Cooper on 1/19/2022. (lccrc1) (Entered: 01/19/2022)
2022-02-0822MOTION for Extension of Time by JASON PAUL SCHAEFER. (znmw) (Entered: 03/21/2022)
2022-03-0121SEALED DOCUMENT filed by ENVIRONMENTAL PROTECTION AGENCY(This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration)(Duffey, Thomas) (Entered: 03/01/2022)
2022-03-03MINUTE ORDER: In light of the declaration from the government in 21 Sealed Document that Mr. Schaefer did not have access to the law library at USP Pollock due to COVID-19-related quarantine measures until February 15, the Court hereby extends the briefing schedule in this case. The Plaintiff shall file an opposition to Defendant's summary judgment motion and any cross-motion by April 8, 2022. As explained in the Courts 19 Order, the Court may treat the matter as conceded if the Plaintiff fails to respond in a timely fashion. Defendant shall file its reply by April 22, 2022. Plaintiff shall file any further reply in support of any cross-motion, if applicable, by May 6, 2022. Signed by Judge Christopher R. Cooper on 3/3/2022. (lccrc1) (Entered: 03/03/2022)
2022-03-28MINUTE ORDER denying 22 Motion for Extension of Time as moot. Signed by Judge Christopher R. Cooper on 3/28/2022. (lccrc1) (Entered: 03/28/2022)
2022-04-1923NOTICE of Change of Address by JASON PAUL SCHAEFER (znmw) (Entered: 04/21/2022)
2022-04-1924MOTION for Extension of Time to File Cross Motion and Opposition by JASON PAUL SCHAEFER. (znmw) (Entered: 04/21/2022)
2022-05-02MINUTE ORDER granting 24 Plaintiff's motion for an extension of time. Plaintiff shall file his opposition and cross-motion for summary judgment by June 24, 2022. Further extension requests will be viewed with disfavor and may not be granted. In addition, the Clerk's Office is directed to mail a copy of the docket sheet and the governments 17 Motion for Summary Judgment to the plaintiffs new address at USP Beaumont. Signed by Judge Christopher R. Cooper on 4/25/2022. (lccrc1) (Entered: 05/02/2022)
2022-07-0126Memorandum in opposition to re 17 MOTION for Summary Judgment with proposed order filed by JASON PAUL SCHAEFER. (zjm) (Entered: 07/07/2022)
2022-07-0127Cross MOTION for Summary Judgment by JASON PAUL SCHAEFER (See Docket Entry 26 to view document). (zjm) (Entered: 07/07/2022)
2022-07-0128MOTION for In Camera Review by JASON PAUL SCHAEFER. (zjm) (Entered: 07/07/2022)
2022-07-0725VACATED PURSUANT TO MINUTE ORDER ENTERED ON 7/8/2022....ORDER granting Defendant's 17 Motion for Summary Judgment. See full Order for details. Signed by Judge Christopher R. Cooper on 7/7/2022. (lccrc1) Modified on 7/11/2022 (lsj). (Entered: 07/07/2022)
2022-07-08MINUTE ORDER: In light of the docketing of plaintiff's 26 Opposition re 17 MOTION for Summary Judgment and 27 Cross Motion for Summary Judgment, it is hereby ORDERED that Court's 25 Order granting summary judgment to the defendant is VACATED. Defendant shall file its reply and opposition by July 21, 2022. Plaintiff shall file any further reply in support of any cross-motion, if applicable, by August 4, 2022. Further requests to extend these deadlines will be viewed with disfavor and may not be granted. Signed by Judge Christopher R. Cooper on 7/7/2022. (lccrc1) (Entered: 07/08/2022)
2022-07-1129MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by JASON PAUL SCHAEFER. (zjm) (Entered: 07/13/2022)
2022-07-1930MOTION to Amend 25 Order on Motion for Summary Judgment by JASON PAUL SCHAEFER. (zjm) (Entered: 07/21/2022)
2022-07-2131Memorandum in opposition to re 27 MOTION for Summary Judgment filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Statement of Facts Response to Plaintiff Statement of Facts)(Duffey, Thomas) (Entered: 07/21/2022)
2022-07-2132REPLY to opposition to motion re 17 MOTION for Summary Judgment with proposed order filed by ENVIRONMENTAL PROTECTION AGENCY (See Docket Entry 31 to view document). (zjm) (Entered: 07/22/2022)
2022-07-22MINUTE ORDER denying as moot Plaintiff's 30 Motion to Amend the Court's 25 Order on Motion for Summary Judgment. Per the minute order entered on July 7, 2022, the Court's 25 Order has been vacated. Plaintiff's motion is therefore moot. The remaining summary judgment briefing deadlines in this case remain unchanged: Defendant shall file its reply and opposition by July 21, 2022. Plaintiff shall file any further reply in support of any cross-motion, if applicable, by August 4, 2022. SO ORDERED by Judge Christopher R. Cooper on 7/21/2022. (lccrc1) (Entered: 07/22/2022)
2022-07-2733Memorandum in opposition to re 29 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by ENVIRONMENTAL PROTECTION AGENCY. (Duffey, Thomas) (Entered: 07/27/2022)
2022-08-1234REPLY to opposition to motion re 27 Cross MOTION for Summary Judgment filed by JASON PAUL SCHAEFER. (zjm) (Entered: 08/24/2022)
2023-03-2835ORDER granting 17 Defendant's Motion for Summary Judgment; denying 27 Plaintiff's Cross-Motion for Summary Judgment; denying 28 Plaintiff's Motion for in Camera Review; and denying 29 Plaintiff's Motion for a Preliminary Injunction. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 3/28/2023. (lccrc1) (Entered: 03/28/2023)
2023-03-2836MEMORANDUM OPINION re 35 ORDER granting 17 Defendant's Motion for Summary Judgment; denying 27 Plaintiff's Cross-Motion for Summary Judgment; denying 28 Plaintiff's Motion for in Camera Review; and denying 29 Plaintiff's Motion for a Preliminary Injunction. Signed by Judge Christopher R. Cooper on 3/28/2023. (lccrc1) (Entered: 03/28/2023)
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