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Case TitleHUMANE SOCIETY OF THE UNITED STATES v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00840
Date Filed2014-05-21
Date Closed2015-11-10
JudgeJudge Randolph D. Moss
PlaintiffHUMANE SOCIETY OF THE UNITED STATES
Case DescriptionThe Humane Society submitted two requests to the EPA for Air Consent Agreements for 15 Animal Feeding Operations. The agency told the Humane Society that because of the number of records involved, it was invoking the unusual circumstances exception to extend its time for responding. After some discussion between the parties, the agency identified 10,000 potentially responsive pages. When the agency finally responded, it indicated it was withholding 43 records and 173 emails under Exemption 5 (privileges). The Humane Society filed an administrative appeal, arguing the agency had failed to account for more than 9,000 records initially identified as responsive. The agency granted the Humane Society's challenge to the adequacy of the search, but upheld the invocation of Exemption 5. EPA then released a handful of more records. The Humane Society then filed another FOIA request for records concerning the agency's processing and response to its previous two requests. The agency indicated it had located 2,000 potentially responsive documents and that it was again invoking the unusual circumstances exception to extend its time to respond to the request. Six months later, the agency provided an interim response containing 248 pages, but after hearing nothing further from the agency, the Humane Society filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 5 - Privileges

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

2014-05-211COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-3723380) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Connor, Hannah) (Entered: 05/21/2014)
2014-05-212Corporate Disclosure Statement by HUMANE SOCIETY OF THE UNITED STATES. (Connor, Hannah) (Entered: 05/21/2014)
2014-05-213MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel C. Snyder, :Firm- Law Office of Charles M. Tebbutt, :Address- 941 Lawrence Street, Eugene, Oregon 97401. Phone No. - (541) 344-3505. Fax No. - (541) 344-3516 by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Connor, Hannah) (Entered: 05/21/2014)
2014-05-21Case Assigned to Judge Rudolph Contreras. (sth, ) (Entered: 05/22/2014)
2014-05-224SUMMONS(3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 05/22/2014)
2014-05-22MINUTE ORDER granting 3 Plaintiff's Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Daniel C. Snyder is admitted to represent Plaintiff pro hac vice in this case. SO ORDERED. Signed by Judge Rudolph Contreras on 05/22/2014. (lcrc3) (Entered: 05/22/2014)
2014-06-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/27/2014. (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 06/02/2014)
2014-06-026ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/27/2014. Answer due for ALL D.C. DEFENDANTS by 6/17/2014. (Attachments: # 1 Exhibit)(Connor, Hannah) Modified on 6/3/2014 (znmw, ). (Entered: 06/02/2014)
2014-06-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 5/27/2014 (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 06/02/2014)
2014-06-03NOTICE OF ERROR re 6 Summons Returned Executed as to DC Attorney General; emailed to hconnor@humanesociety.org, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in error: Refile as Summons Returned Executed in FOIA case as to US Attorney. (znmw, ) (Entered: 06/03/2014)
2014-06-038RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/27/2014. Answer due for ALL FEDERAL DEFENDANTS by 6/26/2014. (Attachments: # 1 Exhibit)(Connor, Hannah) (Entered: 06/03/2014)
2014-06-269Consent MOTION for Extension of Time to Respond to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/26/2014)
2014-06-27MINUTE ORDER granting 9 Defendant's Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its response to Plaintiff's complaint on or before August 11, 2014. It is further ORDERED that the parties shall submit a joint status report on or before August 11, 2014. SO ORDERED. Signed by Judge Rudolph Contreras on 06/27/2014. (lcrc3) (Entered: 06/27/2014)
2014-06-27Set Deadlines: Answer due by 8/11/2014; Status Report due by 8/11/2014 (tj) (Entered: 06/27/2014)
2014-08-1110ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Pfaffenroth, Peter) (Entered: 08/11/2014)
2014-08-1111STATUS REPORT (Joint) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 08/11/2014)
2014-08-1512Joint MOTION to Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 08/15/2014)
2014-08-18MINUTE ORDER granting 12 Joint Motion to Stay. It is hereby ORDERED that this action is stayed until October 29, 2014, by which date the parties shall file a joint status report to apprise the Court of the status of the case. SO ORDERED. Signed by Judge Rudolph Contreras on 08/18/2014. (lcrc3) (Entered: 08/18/2014)
2014-08-18Case Stayed until 10/29/14 (tj ) (Entered: 08/18/2014)
2014-10-2913Joint MOTION to Stay (continuation thereof) and Joint Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 10/29/2014)
2014-10-2914STATUS REPORT (Joint) and Joint Motion for Continuation of Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 10/29/2014)
2014-10-30MINUTE ORDER granting 13 Joint Motion to Stay. Upon consideration of the parties' joint status report, it is hereby ORDERED that this case is STAYED until April 30, 2015, and it is further ORDERED that the parties shall submit a joint status report on or before that date. SO ORDERED. Signed by Judge Rudolph Contreras on 10/30/2014. (lcrc3) (Entered: 10/30/2014)
2014-11-26Case randomly reassigned to Judge Randolph D. Moss. Judge Rudolph Contreras no longer assigned to the case. (gt, ) (Entered: 11/26/2014)
2015-04-3015Joint MOTION to Stay (Continuation Thereof) and Joint Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 04/30/2015)
2015-04-3016STATUS REPORT (Joint) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 04/30/2015)
2015-05-01MINUTE ORDER: Upon consideration of the Joint Motion to Stay 15 , it is hereby ORDERED that the motion is GRANTED. The case is STAYED through June 2, 2015. On that date, the parties shall submit a joint status report to the Court that includes a proposed schedule for future proceedings. Signed by Judge Randolph D. Moss on May 1, 2015. (lcrdm3, ) (Entered: 05/01/2015)
2015-05-04Set/Reset Deadline: On 6/2/2015, the parties shall submit a joint status report to the Court that includes a proposed schedule for future proceedings. (kt) (Entered: 05/04/2015)
2015-05-04Case Stayed through 6/2/2015. (kt) (Entered: 05/04/2015)
2015-06-0117Joint MOTION to Stay re Order on Motion to Stay, (seeking continuation of stay) by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/01/2015)
2015-06-0118STATUS REPORT (Joint) and combined Joint Motion for Continuation of Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 06/01/2015)
2015-06-01MINUTE ORDER: Upon consideration of the joint motion to stay 17 , it is hereby ORDERED that the motion is GRANTED. The case is STAYED through July 15, 2015. On that date, the parties shall submit a joint status report to the Court that includes a proposed schedule for future proceedings. Signed by Judge Randolph D. Moss on June 1, 2015. (lcrdm3, ) (Entered: 06/01/2015)
2015-06-01Set/Reset Deadline: Joint Status Report due by 7/15/2015. (kt) (Entered: 06/01/2015)
2015-06-01Case STAYED through 7/15/2015. (kt) (Entered: 06/01/2015)
2015-07-1519STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Brandt, Peter) (Entered: 07/15/2015)
2015-07-16MINUTE ORDER: Upon consideration of the joint motion to stay 19 , it is hereby ORDERED that the motion is GRANTED. The case is STAYED through July 29, 2015. On that date, the parties shall submit a joint status report to the Court that includes a proposed schedule for future proceedings. Signed by Judge Randolph D. Moss on July 16, 2015. (lcrdm3, ) (Entered: 07/16/2015)
2015-07-16Set/Reset Deadline: On 7/29/2015, the parties shall submit a joint status report to the Court that includes a proposed schedule for future proceedings. (kt) (Entered: 07/16/2015)
2015-07-16Case STAYED through 7/29/2015. (kt) (Entered: 07/16/2015)
2015-07-2920STATUS REPORT (Joint) and combined Joint Motion to Continue Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 07/29/2015)
2015-07-2921Joint MOTION to Stay re Order, and combined Joint Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 07/29/2015)
2015-07-30MINUTE ORDER: Upon consideration of the joint motion for continuation of stay 21 , it is hereby ORDERED that the motion is GRANTED. The case is STAYED through August 12, 2015. On that date, the parties shall submit a joint status report that includes a proposed schedule for future proceedings. Signed by Judge Randolph D. Moss on July 30, 2015. (lcrdm3, ) (Entered: 07/30/2015)
2015-07-31Set/Reset Deadline: On 8/12/2015 the parties shall submit a joint status report that includes a proposed schedule for future proceedings. (kt) (Entered: 07/31/2015)
2015-07-31Case STAYED through 8/12/2015. (kt) (Entered: 07/31/2015)
2015-08-1122STATUS REPORT (Joint) and combined Motion to Continue Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 08/11/2015)
2015-08-1123Joint MOTION to Stay re 20 Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 08/11/2015)
2015-08-11MINUTE ORDER: Upon consideration of the joint motion to stay 23 , it is hereby ORDERED that the motion is GRANTED. The case is STAYED through October 27, 2015, on which date the parties shall submit a joint status report that includes a proposed schedule for future proceedings. Signed by Judge Randolph D. Moss on August 11, 2015. (lcrdm3, ) (Entered: 08/11/2015)
2015-08-12Set/Reset Deadline: On 10/27/2015 the parties shall submit a joint status report that includes a proposed schedule for future proceedings. (kt) (Entered: 08/12/2015)
2015-08-12Case STAYED through 10/27/2015. (kt) (Entered: 08/12/2015)
2015-10-2724Joint MOTION to Stay re Order on Motion to Stay, (seeking two week continuation of stay) and Joint Status Report by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 10/27/2015)
2015-10-2725Joint STATUS REPORT , and combined Joint Motion for Continuation of Stay by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 10/27/2015)
2015-10-27MINUTE ORDER: The parties' Joint Motion for a Stay 24 is hereby GRANTED. Proceedings in this matter are hereby STAYED through November 10, 2015. Signed by Judge Randolph D. Moss on 10/27/2015. (lcrdm2, ) (Entered: 10/27/2015)
2015-10-27Case STAYED through 11/10/2015. (kt) (Entered: 10/27/2015)
2015-11-1026STIPULATION of Settlement by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Exhibit Stipulation of Dismissal)(Connor, Hannah) (Entered: 11/10/2015)
2015-11-1027STIPULATION of Dismissal by HUMANE SOCIETY OF THE UNITED STATES. (Connor, Hannah) (Entered: 11/10/2015)
2015-11-10MINUTE ORDER: In light of the parties' Stipulation of Dismissal 27 , the Court ORDERS that the case is hereby DISMISSED with prejudice. Signed by Judge Randolph D. Moss on 11/10/2015. (lcrdm2, ) (Entered: 11/10/2015)
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