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Case TitleCENTER FOR PUBLIC INTEGRITY v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00877
Date Filed2018-04-13
Date Closed2020-02-17
JudgeJudge Carl J. Nichols
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted a number of FOIA requests to the EPA for records concerning a variety of topics. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency pertaining to any of the requests, the Center for Public Integrity filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
1200 Pennsylvania Ave., N.W.
Washington, DC 20460
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

2018-04-131COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5422812) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Defendant, # 3 Summons to U.S. Attorney, # 4 Summons Attorney General of U.S.)(Smith, Peter) (Entered: 04/13/2018)
2018-04-132LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY. (zmd) (Entered: 04/16/2018)
2018-04-13Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 04/16/2018)
2018-04-163SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/16/2018)
2018-04-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/17/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/17/2018. (Smith, Peter) (Entered: 04/17/2018)
2018-04-175ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/17/18. (DM) (Entered: 04/17/2018)
2018-04-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 4/23/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/23/2018. (Attachments: # 1 Exhibit Return Receipt - Defendant, # 2 Exhibit Return Receipt - Atty Gen)(Smith, Peter) (Entered: 04/23/2018)
2018-05-177ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Braswell, Marina) (Entered: 05/17/2018)
2018-05-188ORDER. The parties shall MEET AND CONFER and file a Joint Status Report by no later than JUNE 8, 2018. Signed by Judge Colleen Kollar-Kotelly on 5/18/2018. (lcckk3) (Entered: 05/18/2018)
2018-05-18Set/Reset Deadlines: Joint Status Report due by 6/8/2018. (dot) (Entered: 05/21/2018)
2018-06-089Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 FOIA Table of Requests)(Braswell, Marina) (Entered: 06/08/2018)
2018-06-11MINUTE ORDER. The Court is in receipt of the parties' 9 Joint Status Report. The parties represent that they are currently meeting and conferring to discuss whether Defendant is already processing FOIA requests in other cases that overlap with, or are similar to, the 25 FOIA requests at issue in this case. The parties are ORDERED to file a further Joint Status Report by no later than JULY 12, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 6/11/2018. (lcckk3) (Entered: 06/11/2018)
2018-06-11Set/Reset Deadlines: Joint Status Report due by 7/12/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. (dot) (Entered: 06/11/2018)
2018-07-1210Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Braswell, Marina) (Entered: 07/12/2018)
2018-07-12MINUTE ORDER. The Court is in receipt of the parties' 10 Joint Status Report. The parties represent that Defendant is currently working to overcome certain technical difficulties that have prevented it from being able to refer Plaintiff to responsive documents that have already been publicly released in response to prior, similar FOIA requests. The parties represent that Defendant will provide Plaintiff with an update on the processing of each of its 25 FOIA requests by July 26, 2018, and that the parties will meet and confer about any requests that require further clarification by August 12, 2018. If Defendant is unable to provide Plaintiff with responsive records that have been released in a digital format, it represents that it will provide those records in paper. The parties are ORDERED to file a further Joint Status Report by no later than AUGUST 20, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 7/12/2018. (lcckk3) (Entered: 07/12/2018)
2018-07-12Set/Reset Deadlines: Joint Status Report due by 8/20/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. (dot) (Entered: 07/12/2018)
2018-08-2011Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 08/20/2018)
2018-08-21MINUTE ORDER. The Court is in receipt of the parties' 11 Joint Status Report. The parties represent that they have met and conferred twice since they filed their last status report. Defendant has made an interim production to Plaintiff but is still searching for responsive records. The parties are ORDERED to file a further Joint Status Report by no later than SEPTEMBER 19, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. Signed by Judge Colleen Kollar-Kotelly on 8/21/2018. (lcckk3) (Entered: 08/21/2018)
2018-08-21Set/Reset Deadlines: Joint Status Report due by 9/19/2018. (dot) (Entered: 08/23/2018)
2018-09-1912Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 09/19/2018)
2018-09-20MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report. The parties represent that they have further narrowed the remaining areas regarding processing of Plaintiff's FOIA requests. Plaintiff reported that seven of its FOIA requests are closed, and nine additional FOIA requests are capable of being closed by cross-referencing other similar requests EPA is currently processing. Additionally, Plaintiff is withdrawing two of its FOIA requests. The parties are ORDERED to file a further Joint Status Report by no later than OCTOBER 19, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 9-20-2018. (lcckk3) (Entered: 09/20/2018)
2018-09-20Set/Reset Deadlines: Joint Status Report due by 10/19/2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA requests. (dot) (Entered: 09/21/2018)
2018-10-1913Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 10/19/2018)
2018-11-1914Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 11/19/2018)
2018-12-1415Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 12/14/2018)
2019-01-1716Consent MOTION to Stay (Defendant's Consent Motion to Stay Proceedings in Light of Lapse of Appropriations) by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/17/2019)
2019-01-1717ERRATA by U.S. ENVIRONMENTAL PROTECTION AGENCY 16 Consent MOTION to Stay (Defendant's Consent Motion to Stay Proceedings in Light of Lapse of Appropriations) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 (corrected stay motion), # 2 Text of Proposed Order)(Braswell, Marina) (Entered: 01/17/2019)
2019-01-17MINUTE ORDER. The Court is in receipt of Defendant's [17-1] Consent Motion to Stay Proceedings in Light of Lapse of Appropriations. As of December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. The same is true of other agencies, including the EPA. Absent an appropriation, the Department is prohibited from working except in circumstances which do not apply to this case. Defendant requests a stay until after appropriations have been restored. The Court GRANTS Defendant's motion as to the stay and ORDERS the case STAYED. Defendant is ORDERED to file a Status Report within two days of the restoration of appropriations notifying the Court and the Plaintiff and requesting appropriate deadline extensions. Signed by Judge Colleen Kollar-Kotelly on 1-17-2019. (lcckk3) (Entered: 01/17/2019)
2019-01-2918STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Braswell, Marina) (Entered: 01/29/2019)
2019-01-31MINUTE ORDER. On January 17, 2019, the Court stayed this case due to a lapse in appropriations. As appropriations have been restored for at least the next three weeks, the Court ORDERS the stay lifted. The parties are ORDERED to file a Joint Status Report by FEBRUARY 15, 2019, informing the Court on Defendant's status processing Plaintiff's FOIA requests. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention.Signed by Judge Colleen Kollar-Kotelly on 1/31/2019. (lcckk3) (Entered: 01/31/2019)
2019-01-31Set/Reset Deadlines: Status Report due by 2/15/2019, informing the Court on Defendant's status processing Plaintiff's FOIA requests. (dot) (Entered: 02/01/2019)
2019-02-1519Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 02/15/2019)
2019-03-1520Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 03/15/2019)
2019-04-1621Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 04/16/2019)
2019-05-1622Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 05/16/2019)
2019-06-1323Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 06/13/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) (Entered: 06/24/2019)
2019-07-1524Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 07/15/2019)
2019-08-1425Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 08/14/2019)
2019-08-20MINUTE ORDER. In light of the Parties' 25 Joint Status Report, and consistent with the Court's January 31, 2019 Order, it is hereby ORDERED that the Parties submit an additional Joint Status Report by September 13, 2019. Signed by Judge Carl J. Nichols on August 20, 2019. (lccjn1) (Entered: 08/20/2019)
2019-08-20Set/Reset Deadlines/Hearings: Joint Status Report due by 9/13/2019. (zcdw) (Entered: 08/21/2019)
2019-09-1626Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Braswell, Marina) (Entered: 09/16/2019)
2019-09-20MINUTE ORDER. In light of the Parties' 26 Joint Status Report, and consistent with the Court's January 31, 2019 Order, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before October 13, 2019. Signed by Judge Carl J. Nichols on September 20, 2019. (lccjn3) (Entered: 09/20/2019)
2019-09-20Set/Reset Deadlines/Hearings: Joint Status Report due by 10/13/2019. (zcdw) (Entered: 09/22/2019)
2019-10-1127Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 10/11/2019)
2019-10-23MINUTE ORDER. In light of the Parties' 27 Joint Status Report, and consistent with the Court's January 31, 2019 Order, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before November 12, 2019. Signed by Judge Carl J. Nichols on October 23, 2019. (lccjn3) (Entered: 10/23/2019)
2019-11-1228Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 11/12/2019)
2019-11-27MINUTE ORDER. In light of the Parties' 28 Joint Status Report, and consistent with the Court's January 31, 2019 Order, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before December 12, 2019. Signed by Judge Carl J. Nichols on November 27, 2019. (lccjn3) (Entered: 11/27/2019)
2019-12-02Set/Reset Deadlines: Joint Status Report due by 12/12/2019. (mac) (Entered: 12/02/2019)
2019-12-1229Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 12/12/2019)
2020-01-1330Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Braswell, Marina) (Entered: 01/13/2020)
2020-01-28MINUTE ORDER. In light of the Parties' 30 Joint Status Report, and consistent with the Court's January 31, 2019 Order, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before February 10, 2020. Signed by Judge Carl J. Nichols on January 28, 2020. (lccjn3) (Entered: 01/28/2020)
2020-01-28Set/Reset Deadlines/Hearings: Joint Status Report due by 2/10/2020. (zcdw) (Entered: 01/30/2020)
2020-02-0531NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 02/05/2020)
2020-02-0732Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 02/07/2020)
2020-02-1133STIPULATION of Dismissal by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Gonzalez, Brenda) (Entered: 02/11/2020)
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