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Case TitleGOVERNMENT ACCOUNTABILITY PROJECT et al v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00789
Date Filed2018-04-06
Date Closed2020-03-05
JudgeJudge Timothy J. Kelly
PlaintiffGOVERNMENT ACCOUNTABILITY PROJECT
PlaintiffZACK KOPPLIN
Case DescriptionThe Government Accountability Project submitted a FOIA request to the EPA for records concerning the use of the term "gag order" since the beginning of the Trump administration. GAP Investigator Zack Kopplin also submitted a FOIA request to the EPA for records referencing the phrases "red team," "blue team," as well as the term "critiquing climate change" since the beginning of the Trump administration. The agency acknowledged receipt of the requests, but after hearing nothing from the agency pertaining to either request, GAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY , DC
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

2018-04-061COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5409418) filed by GOVERNMENT ACCOUNTABILITY PROJECT, ZACK KOPPLIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Burday, Joshua) (Attachment 1 replaced on 4/9/2018) (zsth). (Entered: 04/06/2018)
2018-04-06Case Assigned to Judge Timothy J. Kelly. (zsth) (Entered: 04/09/2018)
2018-04-092SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 04/09/2018)
2018-04-103NOTICE of Appearance by Joshua Hart Burday on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, ZACK KOPPLIN (Burday, Joshua) (Entered: 04/10/2018)
2018-07-094ORDER. On or before July 30, 2018, Plaintiffs shall either (1) cause process to be served upon Defendant and file proof of service with the Court, or (2) file a motion to enlarge time to serve process and show good cause, if any, for failure to serve process in a timely fashion. See Order for details. Signed by Judge Timothy J. Kelly on 7/9/2018. (lctjk2) (Entered: 07/09/2018)
2018-07-095ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 6/26/2018 (Topic, Matthew) Modified on 7/10/2018 (tth). (Entered: 07/09/2018)
2018-07-096ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/26/2018. (Topic, Matthew) Modified on 7/10/2018 (tth). (Entered: 07/09/2018)
2018-07-097ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2018. (Topic, Matthew) Modified on 7/10/2018 (tth). (Entered: 07/09/2018)
2018-07-10NOTICE OF ERROR re 5 Summons Returned Executed as to Federal Defendant; emailed to matt@loevy.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile using correct ECF login. (ztth, ) (Entered: 07/10/2018)
2018-07-10NOTICE OF ERROR re 6 Summons Returned Executed as to U.S. Attorney General; emailed to matt@loevy.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile using correct ECF login. (ztth, ) (Entered: 07/10/2018)
2018-07-10NOTICE OF ERROR re 7 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to matt@loevy.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile using correct ECF login. (ztth, ) (Entered: 07/10/2018)
2018-07-108RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY served on 6/25/2018 (Burday, Joshua) (Main Document 8 replaced on 7/11/2018 to remove header) (tth). Modified on 7/11/2018 (tth). (Entered: 07/10/2018)
2018-07-109RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/26/2018. (Burday, Joshua) (Main Document 9 replaced on 7/11/2018 to remove header) (tth). Modified on 7/11/2018 (tth). (Entered: 07/10/2018)
2018-07-1010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2018. (Burday, Joshua) (Main Document 10 replaced on 7/11/2018 to remove header) (tth). Modified on 7/11/2018 (tth). (Entered: 07/10/2018)
2018-07-2611NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 07/26/2018)
2018-07-2612ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 07/26/2018)
2018-07-27MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by August 16, 2018. Signed by Judge Timothy J. Kelly on 7/27/2018. (lctjk2) (Entered: 07/27/2018)
2018-07-27Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 8/16/2018. (kh) (Entered: 07/27/2018)
2018-08-1613Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT, ZACK KOPPLIN. (Topic, Matthew) (Entered: 08/16/2018)
2018-08-17MINUTE ORDER: In light of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by September 17, 2018. Signed by Judge Timothy J. Kelly on 8/17/2018. (lctjk2) (Entered: 08/17/2018)
2018-09-1714Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 09/17/2018)
2018-09-17MINUTE ORDER: In light of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by October 17, 2018. Signed by Judge Timothy J. Kelly on 9/17/2018. (lctjk2) (Entered: 09/17/2018)
2018-10-1715Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 10/17/2018)
2018-10-17MINUTE ORDER: In light of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by December 7, 2018. Signed by Judge Timothy J. Kelly on 10/17/2018. (lctjk2) (Entered: 10/17/2018)
2018-12-0716Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 12/07/2018)
2018-12-07MINUTE ORDER: In light of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by January 25, 2019. Signed by Judge Timothy J. Kelly on 12/7/2018. (lctjk2) (Entered: 12/07/2018)
2019-01-2217Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/22/2019)
2019-01-23MINUTE ORDER: It is hereby ORDERED that the deadline set forth in the Court's Minute Order of December 7, 2018, to file a joint status report, including, if necessary, a proposed briefing schedule, is EXTENDED to March 1, 2019. Signed by Judge Timothy J. Kelly on 1/23/2019. (lctjk2) (Entered: 01/23/2019)
2019-01-29MINUTE ORDER denying Defendant's 17 Unopposed Motion to Stay. In light of the restoration of funding to the Department of Justice, it is hereby ORDERED that Defendant's motion is DENIED AS MOOT. Signed by Judge Timothy J. Kelly on 1/29/2019. (lctjk2) (Entered: 01/29/2019)
2019-03-0118Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 03/01/2019)
2019-03-01MINUTE ORDER: In light of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by May 28, 2019. Signed by Judge Timothy J. Kelly on 3/1/2019. (lctjk2) (Entered: 03/01/2019)
2019-05-2819Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 05/28/2019)
2019-05-28MINUTE ORDER: In light of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by August 21, 2019. Signed by Judge Timothy J. Kelly on 5/28/2019. (lctjk2) (Entered: 05/28/2019)
2019-08-0620NOTICE of Appearance by Merrick Jason Wayne on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, ZACK KOPPLIN (Wayne, Merrick) (Entered: 08/06/2019)
2019-08-2121Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 08/21/2019)
2019-08-22MINUTE ORDER: In light of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by October 9, 2019. Signed by Judge Timothy J. Kelly on 8/22/2019. (lctjk2) (Entered: 08/22/2019)
2019-10-0922Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 10/09/2019)
2019-10-11MINUTE ORDER: In light of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by November 15, 2019, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 10/11/19. (lctjk2) (Entered: 10/11/2019)
2019-11-1523Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 11/15/2019)
2019-11-15MINUTE ORDER: In light of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 16, 2019, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 11/15/19. (lctjk2) (Entered: 11/15/2019)
2019-12-1624Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT, ZACK KOPPLIN. (Burday, Joshua) (Entered: 12/16/2019)
2019-12-17MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 15, 2020, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 12/17/19. (lctjk2) (Entered: 12/17/2019)
2020-01-1525Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 01/15/2020)
2020-01-15MINUTE ORDER: Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 18, 2020, unless a stipulation of dismissal is filed before then. If the parties have not reached an agreement regarding attorneys' fees by then, the Court intends to set a briefing schedule to resolve the issue. Signed by Judge Timothy J. Kelly on 1/15/20. (lctjk2) (Entered: 01/15/2020)
2020-02-1426Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT, ZACK KOPPLIN. (Burday, Joshua) (Entered: 02/14/2020)
2020-02-1427NOTICE OF SUBSTITUTION OF COUNSEL by Peter C. Pfaffenroth on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Scott Sroka (Pfaffenroth, Peter) (Entered: 02/14/2020)
2020-02-14MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 19, 2020, unless a stipulation of dismissal is filed before then. Signed by Judge Timothy J. Kelly on 2/14/20. (lctjk2) (Entered: 02/14/2020)
2020-03-0528STIPULATION of Dismissal by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Pfaffenroth, Peter) (Entered: 03/05/2020)
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