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Case TitleOCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC v. U.S. DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02028
Date Filed2021-07-27
Date Closed2023-02-08
JudgeJudge Royce C. Lamberth
PlaintiffOCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC
Case DescriptionOccupational Safety & Health Law Project submitted a FOIA request to the Occupational Safety and Health Administration for records concerning the standards used to determine if Century Aluminum is complying with OSHA's standard for Occupational Exposure to Beryllium. The agency acknowledged receipt of the request. The agency provided four pages with redactions under Exemption 4 (commercial and confidential). OSHA Law Project filed an administrative appeal. After hearing nothing further from the agency, OSHA Law Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF LABOR
DefendantCENTURY ALUMINUM COMPANY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-271COMPLAINT against U.S. DEPARTMENT OF LABOR ( Filing fee $ 402 receipt number ADCDC-8626016) filed by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Liu, Wendy) (Entered: 07/27/2021)
2021-07-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC (Liu, Wendy) (Entered: 07/27/2021)
2021-07-27Case Assigned to Judge Royce C. Lamberth. (zsb) (Entered: 07/27/2021)
2021-07-283SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/28/2021)
2021-08-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/5/2021. (Liu, Wendy) (Entered: 08/10/2021)
2021-08-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/3/2021. (Liu, Wendy) (Entered: 08/10/2021)
2021-09-076NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 09/07/2021)
2021-09-077ANSWER to Complaint by U.S. DEPARTMENT OF LABOR.(Jones, Sian) (Entered: 09/07/2021)
2021-09-108ORDER directing the government to file a Vaughn index and supporting motion within 30 days. Signed by Judge Royce C. Lamberth on 9/10/2021. (lcrcl2) (Entered: 09/10/2021)
2021-10-059Consent MOTION for Extension of Time to File by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 10/05/2021)
2021-10-0810ORDER granting 9 Motion for Extension of Time to; Set/Reset Deadlines: Defendant's Summary Judgment motion due by 11/17/2021. Plaintiff's opposition and cross-motion for Summary Judgment due by 12/22/2021. Defendant's Reply in support of its motion for summary judgment and cross-opposition due by 1/28/2022. Plaintiff's reply in support of cross motion due by 2/28/2022. Signed by Judge Royce C. Lamberth on 10/8/2021. (lcrcl2) (Entered: 10/08/2021)
2021-11-1011NOTICE OF SUBSTITUTION OF COUNSEL by Anna Davis Walker on behalf of U.S. DEPARTMENT OF LABOR Substituting for attorney Sian Jones (Walker, Anna) (Entered: 11/10/2021)
2021-11-1612ENTERED IN ERROR.....NOTICE of Appearance by Jeffrey Saul Rosenberg on behalf of CENTURY ALUMINUM COMPANY (Rosenberg, Jeffrey) Modified on 11/18/2021 (zeg). (Entered: 11/16/2021)
2021-11-1613NOTICE of Appearance by Jeffrey Saul Rosenberg on behalf of CENTURY ALUMINUM COMPANY (Rosenberg, Jeffrey) (Entered: 11/16/2021)
2021-11-1614LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTURY ALUMINUM COMPANY (Rosenberg, Jeffrey) (Entered: 11/16/2021)
2021-11-1615Unopposed MOTION to Intervene by CENTURY ALUMINUM COMPANY. (Attachments: # 1 Brief in Support, # 2 Proposed Order, # 3 Declaration of Dennis Harbath, # 4 Attachment A, # 5 Attachment B, # 6 Attachment C, # 7 Exhibit I)(Rosenberg, Jeffrey) (Attachment 5 replaced on 11/17/2021) (rj). Modified on 11/17/2021 to flatten pdf(rj). (Entered: 11/16/2021)
2021-11-1616ENTERED IN ERROR.....ANSWER to Complaint by CENTURY ALUMINUM COMPANY.(Rosenberg, Jeffrey) Modified on 11/22/2021 (zjf). (Entered: 11/16/2021)
2021-11-1717MOTION for Summary Judgment by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Stanley Keen with Exhibits, # 4 Declaration Dennis Harbath with Exhibits, # 5 Text of Proposed Order)(Walker, Anna) (Entered: 11/17/2021)
2021-11-18NOTICE OF CORRECTED DOCKET ENTRY: re 12 Notice of Appearance was entered in error and counsel has refiled said pleading. (zeg) (Entered: 11/18/2021)
2021-11-22NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 16 Answer to Complaint was entered in error as a premature filing. DE# 15 Unopposed MOTION to Intervene is still pending before the court.(zjf) (Entered: 11/22/2021)
2021-12-0218Consent MOTION to Modify the Briefing Schedule by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) (Entered: 12/02/2021)
2021-12-0819NOTICE of Appearance by Baruch A. Fellner on behalf of CENTURY ALUMINUM COMPANY (Fellner, Baruch) (Entered: 12/08/2021)
2021-12-1020ORDER granting 15 Motion to Intervene; granting 18 Motion to Modify briefing schedule; Set/Reset Deadlines: Intervenor's Response due by 12/27/2021. Plaintiff's Cross Motion and opposition due by 1/24/2022. Defendant and Intervenor's Response to Cross Motion and Defendant's reply in support of its summary judgment motion due by 2/21/2022. Plaintiff's reply in support of its Cross Motion due by 3/21/2022. Signed by Judge Royce C. Lamberth on 12/10/2021. (lcrcl2) (Entered: 12/10/2021)
2021-12-2221NOTICE --Joinder by Intervenor Century Aluminum Company in Defendant Department of Labor's Motion for Summary Judgment by CENTURY ALUMINUM COMPANY re 17 MOTION for Summary Judgment (Rosenberg, Jeffrey) (Entered: 12/22/2021)
2022-01-2422Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendants' Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Attachments: # 1 Declaration of Randy Rabinowitz and Exhibits, # 2 Text of Proposed Order)(Liu, Wendy) (Entered: 01/24/2022)
2022-01-2423Memorandum in opposition to re 17 MOTION for Summary Judgment with Response to Defendants' Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts filed by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Attachments: # 1 Declaration of Randy Rabinowitz and Exhibits)(Liu, Wendy) (Entered: 01/24/2022)
2022-02-1524MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment , 22 Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendants' Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts (Partially Opposed) by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 02/15/2022)
2022-02-1625RESPONSE re 24 MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment , 22 Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendants' Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts filed by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) (Entered: 02/16/2022)
2022-03-0226ORDER granting 24 Motion for Extension of Time to File Response/Reply. Set/Reset Deadlines:Defendant and Intervenor's response to cross motion and defendant's reply in support of its motion for summary judgment due 3/25/2022. Plaintiff's reply in support of cross motion due 4/25/2022. Signed by Judge Royce C. Lamberth on 3/2/2022. (lcrcl2) (Entered: 03/02/2022)
2022-03-2527RESPONSE re 22 Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendants' Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts (with Defendant's Responses to Plaintiff's Cross-Statement of Facts) filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Declaration of Edmund Baird, # 2 Declaration of Edmund Baird (Exhibits 1-4), # 3 Supplemental Declaration of Dennis Harbath, # 4 Declaration of Lee Grabel)(Walker, Anna) (Entered: 03/25/2022)
2022-03-2528REPLY to opposition to motion re 17 MOTION for Summary Judgment (with Defendant's Responses to Plaintiff's Cross-Statement of Facts) filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Declaration of Edmund Baird, # 2 Declaration of Edmund Baird (Exhibits 1-4), # 3 Supplemental Declaration of Dennis Harbath, # 4 Declaration of Lee Grabel)(Walker, Anna) (Entered: 03/25/2022)
2022-04-2529REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendants' Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts filed by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Liu, Wendy) (Entered: 04/25/2022)
2022-07-19MINUTE ORDER: It is hereby ORDERED that the U.S. Department of Labor shall submit an unredacted copy of the final Abatement Plan Agreement for Century Aluminum, the redacted version of which is Exhibit 1 of 1 the Complaint, to chambers ex parte for in camera inspection forthwith. Signed by Judge Royce C. Lamberth on 07/19/2022. (lcrcl2) (Entered: 07/19/2022)
2022-07-1930NOTICE of Appearance by Erika Kirstie Oblea on behalf of U.S. DEPARTMENT OF LABOR (Oblea, Erika) (Entered: 07/19/2022)
2022-07-2031NOTICE of In Camera Submission by U.S. DEPARTMENT OF LABOR re Order, (Oblea, Erika) (Entered: 07/20/2022)
2022-08-1733MEMORANDUM OPINION: Separate order to follow. Signed by Judge Royce C. Lamberth on 08/17/2022. (lcrcl2) (Entered: 08/17/2022)
2022-08-1734ORDER: It is hereby ORDERED that 17 Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. It is ORDERED that 22 Motion for Summary Judgment is DENIED. See Order for details. It is further ORDERED that the parties submit, within 30 days, a joint status report (1) informing the Court as to any decision by the government to release additional parts of the withheld record and (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Royce C. Lamberth on 08/17/2022. (lcrcl2) (Entered: 08/17/2022)
2022-08-2935NOTICE of Appearance by Scott Lawrence Nelson on behalf of OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC (Nelson, Scott) (Entered: 08/29/2022)
2022-09-1536Joint STATUS REPORT by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Liu, Wendy) (Entered: 09/15/2022)
2022-09-16MINUTE ORDER: Upon consideration of 36 Joint Status Report, it is hereby ORDERED that the parties file a further joint status report by 10/14/2022 (1) informing the Court as to the status of the government's decision on whether to release additional parts of the redacted record, the Abatement Plan Agreement; and (2) proposing a schedule to govern further proceedings, if necessary. SO ORDERED by Judge Royce C. Lamberth on 09/16/2022. (lcrcl2) (Entered: 09/16/2022)
2022-10-1437Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Walker, Anna) (Entered: 10/14/2022)
2022-10-17MINUTE ORDER: Upon consideration of 37 Joint Status Report, it is hereby ORDERED that the parties file a further joint status report by 11/4/2022 (1) informing the Court as to the status of the parties' settlement discussions in this case; and (2) proposing a schedule to govern further proceedings, if necessary. SO ORDERED by Judge Royce C. Lamberth on 10/17/2022. (lcrcl2) (Entered: 10/17/2022)
2022-11-0438Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Walker, Anna) (Entered: 11/04/2022)
2022-11-16MINUTE ORDER: It is ORDERED that a further Joint Status Report be filed by 12/2/2022. SO ORDERED by Judge Royce C. Lamberth on 11/16/2022. (lcrcl2) (Entered: 11/16/2022)
2022-12-0239Joint STATUS REPORT by OCCUPATIONAL SAFETY & HEALTH LAW PROJECT, PLLC. (Nelson, Scott) (Entered: 12/02/2022)
2022-12-06MINUTE ORDER: It is hereby ORDERED that the following schedule shall govern further briefing in this matter: DOL's and Century's motion due February 3, 2023; OSH Law's response and cross-motion due March 6, 2023; DOL's and Century's combined replies and oppositions due April 5, 2023; OSH Law's reply due April 26, 2023. Signed by Judge Royce C. Lamberth on 12/06/2022. (lcrcl2) (Entered: 12/06/2022)
2023-01-3040NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTURY ALUMINUM COMPANY. Attorney Jeffrey Saul Rosenberg terminated. (Rosenberg, Jeffrey) (Entered: 01/30/2023)
2023-02-0241STIPULATION of Dismissal (and Order) by U.S. DEPARTMENT OF LABOR. (Walker, Anna) (Entered: 02/02/2023)
2023-02-0742STIPULATION AND ORDER OF DISMISSAL: Entry of this Stipulation and Order shall constitute dismissal with prejudice of Plaintiffs' claims for relief. The Court retains jurisdiction to enforce paragraph 2 of this Stipulation and Order. See Stipulation and Order for details. Signed by Judge Royce C. Lamberth on 2/7/2023. (lcrcl2) (Entered: 02/07/2023)
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