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Case TitleGOVERNMENT ACCOUNTABILITY & OVERSIGHT v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02656
Date Filed2023-09-11
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffGOVERNMENT ACCOUNTABILITY & OVERSIGHT
Case DescriptionGovernment Accountability & Oversight submitted a FOIA request to EPA for records concerning email correspondence of four named EPA officials over the course of six months with certain key terms. The agency acknowledged receipt of the request. After hearing nothing further from the agency, GAO filed suit, including a pattern and practice claim to the agency routinely failed to respond to FOIA requests on time.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
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

2023-09-111COMPLAINT Under the Freedom of Information Act against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10341492) filed by GOVERNMENT ACCOUNTABILITY & OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to agency, # 3 Summons to US Attorney, # 4 Summons to US Attorney General)(Hardin, Matthew) (Entered: 09/11/2023)
2023-09-112NOTICE of Appearance by Christopher Cochran Horner on behalf of GOVERNMENT ACCOUNTABILITY & OVERSIGHT (Horner, Christopher) (Entered: 09/11/2023)
2023-09-12Case Assigned to Judge Trevor N. McFadden. (zljn) (Entered: 09/12/2023)
2023-09-123SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 09/12/2023)
2023-09-134STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 9/13/2023. (lctnm2) (Entered: 09/13/2023)
2023-10-105Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(O'Tousa, Christina) (Entered: 10/10/2023)
2023-10-106NOTICE of Appearance by Christina O'Tousa on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (O'Tousa, Christina) (Entered: 10/10/2023)
2023-10-11MINUTE ORDER: Defendant's 5 Consent Motion for Extension of Time to File Answer is GRANTED. Defendant's Answer shall now be filed before or on November 14, 2023. The parties are advised that the pre-existing Standing Order 4 remains in effect, including the provisions governing motions for an extension of time ("Motions for extensions of time or to re-schedule a hearing must be filed at least four business days prior to the first affected deadline or scheduled hearing."). SO ORDERED. Signed by Judge Trevor N. McFadden on 10/11/2023. (lctnm2) (Entered: 10/11/2023)
2023-11-147ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(O'Tousa, Christina) (Entered: 11/14/2023)
2023-11-14MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before December 15, 2023. Signed by Judge Trevor N. McFadden on 11/14/2022. (lctnm2) (Entered: 11/14/2023)
2023-12-148Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (O'Tousa, Christina) (Entered: 12/14/2023)
2023-12-14MINUTE ORDER: After considering the 8 Joint Status Report, the parties are directed to file another JSR on or before 2/13/2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/2023. (lctnm2) (Entered: 12/14/2023)
2024-02-139Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (O'Tousa, Christina) (Entered: 02/13/2024)
2024-02-14MINUTE ORDER: After considering the 9 Joint Status Report, the Court ORDERS the parties to meet in-person to discuss the sufficiency of Defendant's productions. The Court FURTHER ORDERS the parties to file another JSR by April 1, 2024, updating the Court on the progress of their resolution efforts and proposing a briefing schedule, if necessary. Any request for a briefing schedule must certify the parties have met in-person and that despite good-faith negotiations, no resolution between the parties is possible. Signed by Judge Trevor N. McFadden on 2/14/2024. (lctnm2) (Entered: 02/14/2024)
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