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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00681
Date Filed2021-03-15
Date Closed2023-11-16
JudgeJudge Carl J. Nichols
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY A California non-profit organization
Case DescriptionThe Center for Biological Diversity submitted two FOIA requests to the EPA for records concerning communications between the agency and AdLogic Chemical and other Florida-based organizations. The agency acknowledged receipt of the requests and told CBD that it could not respond to the request within the 20-day statutory time limit. After hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-151COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-8302903) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Evans, Jonathan) (Entered: 03/15/2021)
2021-03-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Evans, Jonathan) (Entered: 03/15/2021)
2021-03-15Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 03/15/2021)
2021-03-153SUMMONS (1) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/15/2021)
2021-04-214ANSWER to Complaint by ENVIRONMENTAL PROTECTION AGENCY.(Moustakas, John) (Entered: 04/21/2021)
2021-05-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 3/22/2021 (Evans, Jonathan) (Entered: 05/10/2021)
2021-05-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/22/2021. (Evans, Jonathan) (Entered: 05/10/2021)
2021-05-107RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2021. (Evans, Jonathan) (Entered: 05/10/2021)
2021-09-23MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before October 14, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs requests and any discussions regarding whether Plaintiffs requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on September 23, 2021. (lccjn1) (Entered: 09/23/2021)
2021-09-23Set/Reset Deadlines: Joint Status Report due by 10/14/2021. (zcal) (Entered: 09/24/2021)
2021-10-148Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 10/14/2021)
2021-10-18MINUTE ORDER. Upon review of the Parties' 8 Joint Status Report, it is ORDERED that the Parties file an additional Status Report on or before April 12, 2022. It is further ORDERED that Parties shall file an additional joint status report within 30 days of any uncured breach of the production schedule described in the 8 Joint Status Report. Signed by Judge Carl J. Nichols on October 18, 2021. (lccjn1) (Entered: 10/18/2021)
2021-10-18Set/Reset Deadlines: Joint Status Report due by 4/12/2022. (zcal) (Entered: 10/18/2021)
2022-04-129Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Moustakas, John) (Entered: 04/12/2022)
2022-04-1310ERRATA by ENVIRONMENTAL PROTECTION AGENCY re 9 Status Report filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit Corrected JSR (to replace ECF No. 9))(Moustakas, John) (Entered: 04/13/2022)
2022-04-15MINUTE ORDER. Upon review of the Parties' [10-1] Corrected Joint Status Report, it is ORDERED that the Parties file an additional status report, including a proposal for further proceedings, by October 12, 2022 and every six months thereafter until the termination of this litigation or further order of the Court. It is further ORDERED that the Parties shall file an additional joint status report within 30 days of any uncured breach of the production schedule. Signed by Judge Carl J. Nichols on April 15, 2022. (lccjn1) (Entered: 04/15/2022)
2022-10-1211Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 10/12/2022)
2023-04-1212Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 04/12/2023)
2023-04-1213ENTERED IN ERROR.....Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Moustakas, John) Modified on 4/13/2023. Counsel has refiled in DE 14 (zed). (Entered: 04/12/2023)
2023-04-1314Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Moustakas, John) (Entered: 04/13/2023)
2023-04-13RESOLVED...NOTICE of Provisional/Government Not Certified Status re 12 Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/20/2023. (zbaj) Modified on 4/21/2023 (zbaj). (Entered: 04/13/2023)
2023-10-1115Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Evans, Jonathan) (Entered: 10/11/2023)
2023-10-13MINUTE ORDER. Upon consideration of the 15 Joint Status Report, it is hereby ORDERED that the Parties shall file, by April 12, 2024, an additional joint status report, including a proposal for further proceedings. So ORDERED by Judge Carl J. Nichols on October 13, 2023. (lccjn1) (Entered: 10/13/2023)
2023-11-1516NOTICE of Voluntary Dismissal by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Moustakas, John) (Entered: 11/15/2023)
2023-11-29MINUTE ORDER. The Court interprets the 16 Stipulation of Dismissal as conditioned on the Court's retention of jurisdiction over the Parties' settlement agreement. The Court declines to retain jurisdiction at this time because it has not had a chance to review the settlement agreement. If the Parties would like the Court to retain jurisdiction, they must provide it with a copy of their agreement. Alternatively, if they would like to dismiss the case without the Court retaining jurisdiction over their settlement agreement, they may file a new stipulation of dismissal pursuant to Rule 41(a)(1) that is not conditioned on the Court's retention of jurisdiction. So ORDERED by Judge Carl J. Nichols on November 29, 2023. (lccjn1) (Entered: 11/29/2023)
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