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Case TitleThe Center for Investigative Reporting et al v. U.S. Environmental Protection Agency
DistrictNorthern District of California
CityOakland
Case Number4:2021cv09680
Date Filed2021-12-15
Date Closed2022-09-09
JudgeJudge Haywood S Gilliam, Jr
PlaintiffThe Center for Investigative Reporting
PlaintiffMohamed Al Elew
Case DescriptionCenter for Investigative Reporting reporter Mohamed al Elew submitted two FOIA request to the EPA for records concerning Natural Gas STAR Program annual reports and their implementation. Elew also requested a fee waiver. The agency acknowledged receipt of the requests and granted Elew's request for a fee waiver. The agency then invoked a 10-day extension. After hearing nothing further from the agency, CIR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
DefendantEnvironmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [17]
Opinion/Order [26]
Opinion/Order [28]
Opinion/Order [30]
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-151COMPLAINT FOR INJUNCTIVE RELIEF against All Defendants, (Filing Fee: $402.00, receipt number ACANDC-16723054). Filed by The Center for Investigative Reporting, Mohamed Al Elew . (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of D. Victoria Baranetsky, # 3 Exhibit A - M, # 4 Exhibit N - W, # 5 Proposed Summons)(Baranetsky, Diana) (Filed on 12/15/2021) Modified on 12/17/2021 (tn, COURT STAFF). (Entered: 12/15/2021)
2021-12-152Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/29/2021. (jlg, COURT STAFF) (Filed on 12/15/2021) (Entered: 12/15/2021)
2021-12-163Certification of Interested Entities filed by Mohamed Al Elew, The Center for Investigative Reporting, Mohamed Al Elew. (Baranetsky, Diana) (Filed on 12/16/2021) (Entered: 12/16/2021)
2021-12-174Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 3/9/2022. Initial Case Management Conference set for 3/16/2022 at 1:30 PM in Oakland, Courtroom 4, 3rd Floor. (tn, COURT STAFF) (Filed on 12/17/2021) (Entered: 12/17/2021)
2021-12-175Summons Issued as to U.S. Environmental Protection Agency. (tn, COURT STAFF) (Filed on 12/17/2021) (Entered: 12/17/2021)
2021-12-306CLERK'S NOTICE TO PLAINTIFFS Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/13/2022. (ig, COURT STAFF) (Filed on 12/30/2021) (Entered: 12/30/2021)
2022-01-037CERTIFICATE OF SERVICE by Mohamed Al Elew, The Center for Investigative Reporting (Baranetsky, Diana) (Filed on 1/3/2022) (Entered: 01/03/2022)
2022-01-038CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mohamed Al Elew, The Center for Investigative Reporting.. (Baranetsky, Diana) (Filed on 1/3/2022) (Entered: 01/03/2022)
2022-01-059NOTICE of Appearance by Gioconda R. Molinari Assistant US Attorney (Molinari, Gioconda) (Filed on 1/5/2022) (Entered: 01/05/2022)
2022-01-1310CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Environmental Protection Agency.. (Molinari, Gioconda) (Filed on 1/13/2022) (Entered: 01/13/2022)
2022-01-1411CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 1/14/2022) (Entered: 01/14/2022)
2022-01-1812ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S. Gilliam, Jr for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Signed by the Clerk on 1/18/2022. (anj, COURT STAFF) (Filed on 1/18/2022) (Entered: 01/18/2022)
2022-01-1813CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Initial Case Management Conference has been set for March 22, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by March 15th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-09680-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 1/18/2022) (Entered: 01/18/2022)
2022-01-1914STIPULATION to Respond to Complaint filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 1/19/2022) (Entered: 01/19/2022)
2022-02-2515Defendant's ANSWER to Complaint byU.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 2/25/2022) (Entered: 02/25/2022)
2022-02-2516STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 2/25/2022) (Entered: 02/25/2022)
2022-02-2817ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 16 Stipulation to Continue Case Management Conference. Case Management Statement due by 3/29/2022 and Initial Case Management Conference set for 4/5/2022 02:00 PM. Given the ongoing COVID-19 pandemic, the parties will be advised closer to the hearing whether it will take place telephonically or in person.(ndr, COURT STAFF) (Filed on 2/28/2022) (Entered: 02/28/2022)
2022-03-0118ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Molinari, Gioconda) (Filed on 3/1/2022) (Entered: 03/01/2022)
2022-03-0119ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiffs (Musgrave, Shawn) (Filed on 3/1/2022) (Entered: 03/01/2022)
2022-03-2220STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 3/22/2022) (Entered: 03/22/2022)
2022-03-2221Order as modified by Judge Haywood S. Gilliam, Jr. granting 20 stipulation to continue case management conference. Joint case management statement due by 5/17/2022. Initial case management conference set for 5/24/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor. (wft, COURT STAFF) (Filed on 3/22/2022) (Entered: 03/22/2022)
2022-03-2322CLERK'S NOTICE RE DOCKET NO. 21 Notice is hereby given that the case management conference set for May 24, 2022 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/23/2022) (Entered: 03/23/2022)
2022-05-0923STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 5/9/2022) (Entered: 05/09/2022)
2022-05-0924CLERK'S NOTICE TO COUNSEL RE DOCKET NO. 23 . Counsel is directed to re-file a revised stipulation and proposed order requesting a continuance date that is not on the Judge's list of unavailable dates. Please review the Judge's scheduling notes before selecting a new date and submitting your revised stipulation and proposed order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/9/2022) (Entered: 05/09/2022)
2022-05-1125STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 5/11/2022) (Entered: 05/11/2022)
2022-05-1123 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference Terminated, Re-filed as Docket No. 25 .*** (ndr, COURT STAFF) (Filed on 5/11/2022) (Entered: 05/11/2022)
2022-05-1126ORDER GRANTING 25 STIPULATION to Continue Case Management Conference. Case Management Statement due by 6/7/2022. Initial Case Management Conference set for 6/14/2022 02:00 PM. The June 14th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Signed by Judge Haywood S. Gilliam, Jr. on 5/11/2022. (ndr, COURT STAFF) (Filed on 5/11/2022) (Entered: 05/11/2022)
2022-06-0627STIPULATION WITH PROPOSED ORDER Joint Stipulation and Dismissal of All FOIA Claims with Prejudice with the Exception of Attorney's Fees; [Proposed Order] filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 6/6/2022) (Entered: 06/06/2022)
2022-06-0728ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting 27 Stipulation and Dismissal of All FOIA Claims with Prejudice with the Exception of Attorney's Fees. Motion (stipulation of dismissal) due by 8/4/2022. (ndr, COURT STAFF) (Filed on 6/7/2022) (Entered: 06/07/2022)
2022-07-2929STIPULATION WITH PROPOSED ORDER to Extend Time for Negotiation of Attorney's Fees filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 7/29/2022) (Entered: 07/29/2022)
2022-07-2930ORDER by Judge Haywood S. Gilliam, Jr. Granting 29 Stipulation to Extend Time for Negotiation of Attorney's Fees Motion (Stipulated Dismissalor Status Report due by 8/15/2022). (ndr, COURT STAFF) (Filed on 7/29/2022) (Entered: 07/29/2022)
2022-08-1531JOINT STATUS REPORT & STIPULATION; [PROPOSED ORDER] filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 8/15/2022) (Entered: 08/15/2022)
2022-08-1632ORDER by Hon. Haywood S. Gilliam, Jr. SETTING a telephonic case management conference for September 6, 2022 at 2:00 p.m. in light of Dkt. No. 31 the parties' joint status report and stipulation. All counsel shall use the following dial-in information to access the call: Dial-In: 888-808-6929; Passcode: 6064255 The parties do not need to file a joint statement and the case management conference will be vacated if the parties submit a notice of settlement beforehand. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 8/16/2022) (Entered: 08/16/2022)
2022-08-16Set Hearing Re Docket No. 32 : Initial Case Management Conference set for 9/6/2022 02:00 PM. The 9/6/2022 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929 Access Code: 6064255 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndr, COURT STAFF) (Filed on 8/16/2022) (Entered: 08/17/2022)
2022-08-3133JOINT CASE MANAGEMENT STATEMENT filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 8/31/2022) (Entered: 08/31/2022)
2022-09-0634NOTICE by U.S. Environmental Protection Agency Joint Notice of Acceptance Under Fed. R. Civ. P. 68 and Stipulation to Vacate CMC [Proposed] Order (Molinari, Gioconda) (Filed on 9/6/2022) (Entered: 09/06/2022)
2022-09-0635Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 9/6/2022. Total Time in Court: 2 minutes. Not Reported. Plaintiff Attorney: Diana Baranetsky. Defendant Attorney: Gioconda Molinari. The parties are directed to meet and confer and e-file within one week from today (September 13, 2022) a proposed stipulated judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 9/6/2022) (Entered: 09/06/2022)
2022-09-0836STIPULATED JUDGMENT [PROPOSED ORDER] re 34 Notice filed by U.S. Environmental Protection Agency. (Molinari, Gioconda) (Filed on 9/8/2022) (Entered: 09/08/2022)
2022-09-0937STIPULATED JUDGMENT RE DOCKET NO. 36 . ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 9/9/2022. (ndr, COURT STAFF) (Filed on 9/9/2022) (Entered: 09/09/2022)
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