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Case TitleCENTER FOR FOOD SAFETY v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02746
Date Filed2022-09-12
Date Closed2023-04-07
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the EPA for records concerning speeches, talking points and/or meeting notes referenced in the agency's report on the status of over-the-top dicambia. The agency acknowledged receipt of the request and asked CFS to narrow the scope of its request, which it did. However, after hearing nothing further from the agency, CFS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantENVIRONMENTAL PROTECTION AGENCY
DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-121COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-9508028) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons, # 5 Summons, # 6 Summons)(Stevenson, Meredith) (Entered: 09/12/2022)
2022-09-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Stevenson, Meredith) (Entered: 09/12/2022)
2022-09-15Case Assigned to Judge Colleen Kollar-Kotelly. (zmrl) (Entered: 09/15/2022)
2022-09-153SUMMONS (3) Issued Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 09/15/2022)
2022-09-164ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 09/16/2022. (DM) (Entered: 09/16/2022)
2022-09-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 10/22/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 9/26/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/21/2022. (Attachments: # 1 Exhibit A)(Stevenson, Meredith) (Entered: 09/27/2022)
2022-10-196NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 10/19/2022)
2022-10-197MOTION for Extension of Time to Respond to Complaint by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 10/19/2022)
2022-10-19MINUTE ORDER: The Court is in receipt of Defendant's 7 Motion for Extension of Time. As in many other FOIA cases in this jurisdiction, counsel for Defendant requires additional time to respond to Plaintiff's complaint due to unprecedented caseloads in the United States Attorney's Office for the District of Columbia and delays in conferring with agency counsel. Plaintiff evidently opposes Defendant's request for a thirty-day extension. As such, Plaintiff will file its opposition to the 7 Motion on or before October 21, 2022 . Signed by Judge Colleen Kollar-Kotelly on October 19, 2022. (lcckk1) (Entered: 10/19/2022)
2022-10-19Set/Reset Deadlines: Plaintiff will file its opposition to the 7 Motion on or before 10/21/2022. (dot) (Entered: 10/20/2022)
2022-10-218Consent MOTION to Stay of These Proceedings to Allow for the Production and Review of Documents by CENTER FOR FOOD SAFETY. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Text of Proposed Order)(Stevenson, Meredith) (Entered: 10/21/2022)
2022-10-24MINUTE ORDER: The Court is in receipt of Plaintiff's 8 Consent Motion for a Stay of these Proceedings to Allow for the Production and Review of Documents. Plaintiff proposes that the Court stay this FOIA matter pending further production of documents. It is the practice of this jurisdiction to require an answer with the expectation that the parties will proceed to document production afterwards. As such, Plaintiff's 8 Consent Motion for a Stay of these Proceedings to Allow for the Production and Review of Documents is DENIED . Construing the 8 Motion as an opposition to Defendant's 7 Motion for Extension of Time, Defendant's 7 Motion for Extension of Time is GRANTED over Plaintiff's opposition. Defendant shall answer or otherwise respond to Plaintiff's complaint on or before November 21, 2022 . Signed by Judge Colleen Kollar-Kotelly on October 24, 2022. (lcckk1) (Entered: 10/24/2022)
2022-10-24Set/Reset Deadlines: Defendant shall answer or otherwise respond to Plaintiff's complaint on or before 11/21/2022. (dot) (Entered: 10/28/2022)
2022-11-179Consent MOTION to Stay by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 11/17/2022)
2022-11-18MINUTE ORDER: The Court is in receipt of Defendant's 9 Consent Motion to Stay. Defendant represents that it has completed its productions under FOIA, that Plaintiff does not intend to challenge the productions, and the parties are currently in settlement discussions as to costs. Defendant therefore requests the Court stay this matter pending the outcome of those settlement discussions. As Plaintiff consents, Defendant's 9 Consent Motion to Stay is GRANTED . This matter is STAYED pending further order of the Court. The parties shall submit a joint status report on or before December 16, 2022 and, if necessary, every thirty days thereafter updating the Court on the status of settlement discussions. Signed by Judge Colleen Kollar-Kotelly on November 18, 2022. (lcckk1) (Entered: 11/18/2022)
2022-12-1610Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Jones, Sian) (Entered: 12/16/2022)
2023-01-1711Joint STATUS REPORT by ENVIRONMENTAL PROTECTION AGENCY. (Jones, Sian) (Entered: 01/17/2023)
2023-02-1612Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Jones, Sian) (Entered: 02/16/2023)
2023-03-2013Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Jones, Sian) (Entered: 03/20/2023)
2023-04-0614STIPULATION of Dismissal by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Jones, Sian) (Entered: 04/06/2023)
2023-04-0715ORDER dismissing case with prejudice. The Clerk of Court is respectfully directed to close this case. Signed by Judge Colleen Kollar-Kotelly on April 7, 2023. (lcckk1) (Entered: 04/07/2023)
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