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Case TitleFREE MARKET ENVIRONMENTAL LAW CLINIC et al v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01069
Date Filed2015-07-08
Date Closed2016-03-25
JudgeChief Judge Beryl A. Howell
PlaintiffFREE MARKET ENVIRONMENTAL LAW CLINIC
PlaintiffENERGY AND ENVIRONMENT LEGAL INSTITUTE
Case DescriptionThe Free Market Environmental Law Clinic and the Energy and Environment Legal Institute submitted a FOIA request to the EPA for records for communications between EPA officials and certain Kentucky officials containing specified keywords. The agency acknowledged receipt of the request and indicated that no fees would be assessed, but after hearing nothing further from the agency, the Law Clinic filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES 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

2015-07-081COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-4167420) filed by FREE MARKET ENVIRONMENTAL LAW CLINIC, ENERGY AND ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons to Attorney General, # 3 Summons Summons to United States Attorney, # 4 Summons Summons to Environmental Protection Agency)(Mandelbaum, Chaim) (Entered: 07/08/2015)
2015-07-082Corporate Disclosure Statement by ENERGY AND ENVIRONMENT LEGAL INSTITUTE. (Mandelbaum, Chaim) Modified on 7/9/2015 (zrdj). (Entered: 07/08/2015)
2015-07-083Corporate Disclosure Statement by FREE MARKET ENVIRONMENTAL LAW CLINIC. (Mandelbaum, Chaim) Modified on 7/9/2015 (zrdj). (Entered: 07/08/2015)
2015-07-08Case Assigned to Judge Beryl A. Howell. (rd) (Entered: 07/08/2015)
2015-07-084SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Form, # 2 Notice of Consent)(rd) (Entered: 07/08/2015)
2015-07-085STANDING ORDER. Signed by Judge Beryl A. Howell on July 8, 2015. (lcbah3) (Entered: 07/08/2015)
2015-07-116NOTICE of Appearance by Matthew D. Hardin on behalf of All Plaintiffs (Hardin, Matthew) (Entered: 07/11/2015)
2015-07-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/13/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 8/12/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/13/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 7/13/2015 (Mandelbaum, Chaim) (Entered: 07/18/2015)
2015-08-138NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 08/13/2015)
2015-08-139ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Shoaibi, Alexander) (Entered: 08/13/2015)
2015-10-01MINUTE ORDER (paperless) TO SHOW CAUSE why the parties have failed to comply with this Court's 5 Standing Order, para. 3(b)(ii), which requires that the parties file a Joint Status Report within 14 days after any defendant files a responsive pleading. The defendant's 9 Answer was filed on August 13, 2015. Consequently, the parties are ORDERED to submit, by October 8, 2015: (a) the joint status report required by this Court's 5 Standing Order; and (b) an explanation as to why the parties failed to comply with this Court's Order. Signed by Judge Beryl A. Howell on October 1, 2015. (lcbah3) (Entered: 10/01/2015)
2015-10-01Set/Reset Deadlines: Response to Show Cause due by 10/8/2015. (tg) (Entered: 10/01/2015)
2015-10-0810RESPONSE TO ORDER OF THE COURT re Order to Show Cause,, Joint Response of Parties to Show Cause Order filed by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Supplement Joint Status Report, # 2 Text of Proposed Order Proposed Order)(Mandelbaum, Chaim) (Entered: 10/08/2015)
2015-10-13MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 10 Joint Response to Show Cause Order, the following SCHEDULING ORDER to control the timings of proceedings in this matter: the defendant shall, by October 23, 2015, either (1) make an interim release of documents or (2) provide a status report to the plaintiffs. The defendant shall, by November 6, 2015, complete the production of documents to the plaintiffs. The parties shall, by November 20, 2015, submit a Joint Status Report setting forth (1) whether the agency has made a final determination "whether to comply" with the FOIA request at issue, see 5 U.S.C. Sec. 552(a)(6)(A), and (2) if such a final determination has been made, proposing a schedule for the filing of dispositive motions.Signed by Judge Beryl A. Howell on October 13, 2015. (lcbah3) (Entered: 10/13/2015)
2015-10-14Set/Reset Deadlines: Defendants' interim release of documents or provide a status report to plaintiffs by 10/23/2015; Defendant's completion of production of documents due by 11/6/2015; Joint Status Report due by 11/20/2015. (tg) (Entered: 10/14/2015)
2015-11-0511ENTERED IN ERROR.....Consent MOTION for Extension of Time to Produce Documents by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) Modified on 11/6/2015 (tg). (Entered: 11/05/2015)
2015-11-0512Consent MOTION for Extension of Time to Produce Documents by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 11/05/2015)
2015-11-06MINUTE ORDER (paperless) GRANTING the defendant's 12 Consent Motion for Two Week Enlargement of Time to Complete Document Production. The defendant shall, by November 20, 2015, complete the production of documents to the plaintiff. The parties shall, by December 4, 2015, submit a Joint Status Report setting forth (1) whether the agency has made a final determination "whether to comply" with the FOIA request at issue, see 5 U.S.C. Sec. 552(a)(6)(A), and (2) if such a final determination has been made, proposing a schedule for the filing of dispositive motions. Signed by Judge Beryl A. Howell on November 6, 2015. (lcbah3) (Entered: 11/06/2015)
2015-11-06Set/Reset Deadlines: Defendant's production of documents due by 11/20/2015; Joint status report due by 12/4/2015. (tg) (Entered: 11/06/2015)
2015-11-2013Joint MOTION for Extension of Time to Produce Documents by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 11/20/2015)
2015-11-23MINUTE ORDER (paperless) GRANTING the parties' 13 Joint Motion for Enlargment [sic] of Time to Complete Document Production. The defendant shall, by January 11, 2016, complete the production of documents to the plaintiff. The parties shall, by January 15, 2016, submit a Joint Status Report setting forth (1) whether production of responsive documents is complete, and (2) if so, proposing a schedule for the filing of dispositive motions. Signed by Judge Beryl A. Howell on November 23, 2015. (lcbah3) (Entered: 11/23/2015)
2015-11-23Set/Reset Deadlines: Joint Status Report due by 1/15/2016. (tg) (Entered: 11/23/2015)
2016-01-1514Joint STATUS REPORT by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 01/15/2016)
2016-01-19MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by January 29, 2016, another joint status report informing the Court (1) whether all claims have been resolved and (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on January 19, 2016. (lcbah3) (Entered: 01/19/2016)
2016-01-19Set/Reset Deadlines: Joint Status Report due by 1/29/2016. (tg) (Entered: 01/19/2016)
2016-01-2915Joint STATUS REPORT by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 01/29/2016)
2016-02-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties, by February 19, 2016, to file another joint status report informing the Court (1) whether all claims have been resolved and (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on February 1, 2016. (lcbah3) (Entered: 02/01/2016)
2016-02-01Set/Reset Deadlines: Joint Status Report due by 2/19/2016. (tg) (Entered: 02/01/2016)
2016-02-1916Joint STATUS REPORT of both Parties by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 02/19/2016)
2016-02-22MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties, by March 4, 2016, to file another joint status report informing the Court (1) whether all claims have been resolved and (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on February 22, 2016. (lcbah3) (Entered: 02/22/2016)
2016-02-22Set/Reset Deadlines: Joint Status Report due by 3/4/2016. (tg) (Entered: 02/22/2016)
2016-03-0417Joint STATUS REPORT by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 03/04/2016)
2016-03-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties, by March 18, 2016, to file another joint status report informing the Court (1) whether all claims have been resolved and (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on March 4, 2016. (lcbah3) (Entered: 03/04/2016)
2016-03-04Set/Reset Deadlines: Joint Status Report due by 3/18/2016. (tg) (Entered: 03/04/2016)
2016-03-1818Joint STATUS REPORT by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC. (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 03/18/2016)
2016-03-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties, by March 25, 2016, to file another joint status report informing the Court (1) whether all claims have been resolved and (2) proposing a schedule to govern further proceedings in this matter, unless a stipulation of dismissal is filed before that date. Signed by Judge Beryl A. Howell on March 18, 2016. (lcbah3) (Entered: 03/18/2016)
2016-03-21Set/Reset Deadlines: Joint Status Report due by 3/25/2016. (tg) (Entered: 03/21/2016)
2016-03-2419NOTICE of Settlement and Stipulation of Dismissal by ENERGY AND ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Exhibit Settlement Agreement)(Mandelbaum, Chaim) (Entered: 03/24/2016)
2016-03-24MINUTE ORDER (paperless) directing the Clerk to close this case in light of the parties' 19 Notice of Settlement and Stipulation of Dismissal. Signed by Chief Judge Beryl A. Howell on March 24, 2016. (lcbah3) (Entered: 03/24/2016)
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