Date Filed | Doc # | Docket Text |
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2018-07-26 | 1 | COMPLAINT against ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5606534) filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit Exs. 1-6, # 2 Civil Cover Sheet, # 3 Summons AG, USAO, EPA HQ summons)(Hall, John) (Entered: 07/26/2018) |
2018-07-27 | | Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 07/27/2018) |
2018-07-30 | 2 | STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the Court's Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/30/18. (lcrdm3, ) (Entered: 07/30/2018) |
2018-07-30 | 3 | SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/31/2018) |
2018-08-03 | 4 | AMENDED COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY filed by HALL & ASSOCIATES. (Attachments: # 1 Redline Amended Complaint, # 2 Exhibit Exs. 1-6, # 3 Certificate of Service)(Hall, John) (Entered: 08/03/2018) |
2018-08-15 | 5 | NOTICE of Appearance by Scott Leeson Sroka on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott) (Entered: 08/15/2018) |
2018-09-05 | 6 | ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 09/05/2018) |
2018-09-06 | 7 | Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott) (Entered: 09/06/2018) |
2018-09-09 | | MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on October 10, 2018, at 10:30 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 9/9/2018. (lcrdm3, ) (Entered: 09/09/2018) |
2018-09-10 | | Set/Reset Hearings: Initial Scheduling Conference set for 10/10/2018, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 09/10/2018) |
2018-09-10 | | MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time 7 it is hereby ORDERED that the motion is GRANTED. Defendant shall respond to Plaintiff's amended complaint on or before September 12, 2018. Signed by Judge Randolph D. Moss on 9/10/2018. (lcrdm3, ) (Entered: 09/10/2018) |
2018-09-10 | | Set/Reset Deadlines: Defendant shall respond to Plaintiff's amended complaint on or before 9/12/2018. (kt) (Entered: 09/10/2018) |
2018-09-12 | 8 | ANSWER to 4 Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Sroka, Scott) (Entered: 09/12/2018) |
2018-10-03 | 9 | MOTION to Strike 8 Answer to Amended Complaint by HALL & ASSOCIATES (Attachments: # 1 Exhibit A-D)(Hall, John) (Entered: 10/03/2018) |
2018-10-10 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 10/10/2018. The Government shall provide any non-exempt records to Plaintiff, on or before 10/31/2018. A Status Conference is set for 11/30/2018, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. Plaintiff's 9 Motion to Strike Answer to Amended Complaint is DENIED, without prejudice, for the reasons stated on the record. (Court Reporter: Jeff Hook.) (kt) (Entered: 10/10/2018) |
2018-11-23 | 10 | ENTERED IN ERROR. . . . . MOTION to Amend/Correct 6 Answer to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Plaintiff's 11/1/18 Letter, # 2 Exhibit B - EPA's 10/31/18 Response Letter, # 3 Exhibit C - Plaintiff's Proposed Rule 11 Motion, # 4 Exhibit D - EPA's Proposed Amended Answer, # 5 Exhibit E - EPA's 11/23/18 Supplemental Response Letter)(Sroka, Scott). Added MOTION on 11/26/2018 (ztd). Modified on 11/26/2018 (ztd). (Entered: 11/23/2018) |
2018-11-23 | 11 | MOTION to Strike 4 Amended Complaint to the Extent It Includes Immaterial and Impertinent Allegations by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Plaintiff's 11/1/18 Letter, # 2 Exhibit B - EPA's 10/31/18 Response Letter, # 3 Exhibit C - Plaintiff's Proposed Motion, # 4 Exhibit D - EPA's Proposed Amended Answer, # 5 Exhibit E - EPA's 11/23/18 Supplemental Response Letter)(Sroka, Scott) (Entered: 11/23/2018) |
2018-11-23 | 12 | MOTION to Amend/Correct 8 Answer to Amended Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A - Plaintiff's 11/1/18 Letter, # 2 Exhibit B - EPA's 10/31/18 Response Letter, # 3 Exhibit C - Plaintiff's Proposed Motion, # 4 Exhibit D - EPA's Proposed Amended Answer, # 5 Exhibit E - EPA's 11/23/18 Supplemental Response Letter)(Sroka, Scott) (Entered: 11/23/2018) |
2018-11-26 | | NOTICE OF CORRECTED DOCKET ENTRY: re 10 MOTION to Amend/Correct 6 Answer to Complaint was entered in error per counsel and said pleading was refiled. (see entries 11 and 12 ) (ztd) (Entered: 11/26/2018) |
2018-11-27 | 13 | NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit 1)(Hall, John) (Entered: 11/27/2018) |
2018-11-29 | 14 | NOTICE of Supplemental Filing by U.S. ENVIRONMENTAL PROTECTION AGENCY re 11 MOTION to Strike 4 Amended Complaint to the Extent It Includes Immaterial and Impertinent Allegations , 12 MOTION to Amend/Correct 8 Answer to Amended Complaint (Attachments: # 1 Exhibit Redlined Proposed Amended Answer)(Sroka, Scott) (Entered: 11/29/2018) |
2018-11-30 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 11/30/2018. The 11 Motion to Strike Amended Complaint, and the 12 Motion to Amend/Correct Answer to Amended Complaint, are DENIED AS MOOT. Plaintiff is granted leave to file a Second Amended Complaint by 12/10/2018; Defendant shall respond in due course. A Status Conference is set for 1/9/2019, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 11/30/2018) |
2018-12-03 | 15 | NOTICE of Decision to Not Submit Second Amended Complaint by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 12/03/2018) |
2018-12-14 | 16 | TRANSCRIPT OF STATUS CONFERENCE HEARING before Judge Randolph D. Moss held on November 30, 2018. Page Numbers: 1 - 38. Date of Issuance: December 14, 2018. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019.(Hook, Jeff) (Entered: 12/14/2018) |
2018-12-18 | 17 | RESPONSE re 15 Notice (Other) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 12/18/2018) |
2019-01-04 | 18 | MOTION to Deem Certain Complaint Allegations Admitted by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/04/2019) |
2019-01-04 | 19 | MOTION for Sanctions by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/04/2019) |
2019-01-04 | 20 | Unopposed MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/04/2019) |
2019-01-07 | | MINUTE ORDER: Upon consideration of Defendant's unopposed motion to stay 20 , it is hereby ORDERED that the motion is GRANTED. The case shall be STAYED until further order of the Court, and the status conference scheduled for January 9, 2019 at 10:00 a.m. is hereby VACATED. It is further ORDERED that Defendant shall inform the Court when Congress has appropriated funding for the EPA and the Department of Justice to resume work and shall file a status report within seven (7) calendar days after Congress has appropriated funds with new proposed deadlines in this matter. Signed by Judge Randolph D. Moss on 1/7/2019. (lcrdm3, ) (Entered: 01/07/2019) |
2019-01-31 | | MINUTE ORDER: In light of the restoration of funding, this case is hereby UNSTAYED. It is further ORDERED that Defendant shall file a joint status report on or before February 4, 2019. Signed by Judge Randolph D. Moss on 1/31/2019. (lcrdm3, ) (Entered: 01/31/2019) |
2019-02-01 | | Set/Reset Deadlines: Joint Status Report due by 2/4/2019. (kt) (Entered: 02/01/2019) |
2019-02-04 | 21 | STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 02/04/2019) |
2019-02-04 | 22 | STATUS REPORT by HALL & ASSOCIATES. (Hall, John) (Entered: 02/04/2019) |
2019-02-04 | | MINUTE ORDER: Upon consideration of the parties' status reports, Dkt. 21 ; Dkt. 22 , it is hereby ORDERED that the EPA shall respond to Plaintiff's motions, Dkt. 18 ; Dkt. 19 , on or before February 19, 2019. It is further ORDERED that Plaintiff shall reply on or before February 26, 2019. The parties are further ORDERED to meet and confer and to jointly propose a summary judgment briefing schedule to the Court on or before February 26, 2019. Signed by Judge Randolph D. Moss on 2/4/2019. (lcrdm3, ) (Entered: 02/04/2019) |
2019-02-04 | | Set/Reset Deadlines: Responses to 18 and 19 due by 2/19/2019. Replies to 18 and 19 due by 2/26/2019. Jointly propose a summary judgment briefing schedule by 2/26/2019. (dot) (Entered: 02/05/2019) |
2019-02-19 | 23 | Memorandum in opposition to re 18 MOTION to Deem Certain Complaint Allegations Admitted , 19 MOTION for Sanctions filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sroka, Scott) (Entered: 02/19/2019) |
2019-02-26 | 24 | REPLY to opposition to motion re 18 MOTION to Deem Certain Complaint Allegations Admitted , 19 MOTION for Sanctions filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit)(Hall, John) (Entered: 02/26/2019) |
2019-02-26 | 25 | NOTICE OF RELATED CASE by HALL & ASSOCIATES. Case related to Case No. 19-0330. (Hall, John) (Entered: 02/26/2019) |
2019-02-26 | 26 | MOTION to Consolidate Cases by HALL & ASSOCIATES (Hall, John) (Entered: 02/26/2019) |
2019-02-26 | 27 | PROPOSED BRIEFING SCHEDULE by HALL & ASSOCIATES. (Hall, John) (Entered: 02/26/2019) |
2019-02-26 | 28 | RESPONSE TO ORDER OF THE COURT re Order,, filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 02/26/2019) |
2019-03-06 | 29 | Consent MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Consolidate Cases by U.S. ENVIRONMENTAL PROTECTION AGENCY (Sroka, Scott) (Entered: 03/06/2019) |
2019-03-08 | | MINUTE ORDER: Upon consideration of Plaintiff's consent motion for extension of time 29 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file its reply in support of its motion to consolidate on or before March 19, 2019. Signed by Judge Randolph D. Moss on 3/8/2019. (lcrdm3, ) (Entered: 03/08/2019) |
2019-03-08 | | Set/Reset Deadlines: Plaintiff shall file its reply in support of its motion to consolidate on or before 3/19/2019. (kt) (Entered: 03/08/2019) |
2019-03-19 | 30 | Memorandum in opposition to re 26 MOTION to Consolidate Cases filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 03/19/2019) |
2019-03-26 | 31 | REPLY to opposition to motion re 26 MOTION to Consolidate Cases filed by HALL & ASSOCIATES. (Hall, John) (Entered: 03/26/2019) |
2019-04-18 | | MINUTE ORDER: In light of the pending motion to deem certain complaint allegations admitted 18 and motion to consolidate cases 26 , it is hereby ORDERED that the parties shall appear for a motions hearing on Monday April 22, 2019 at 2:45 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 4/18/2019. (lcrdm3, ) (Entered: 04/18/2019) |
2019-04-18 | | Set/Reset Hearings: Motion Hearing set for 4/22/2019, at 2:45 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/18/2019) |
2019-04-19 | 32 | MOTION to reschedule motions hearing by HALL & ASSOCIATES (Hall, John) Modified event on 4/22/2019 (znmw). (Entered: 04/19/2019) |
2019-04-19 | | MINUTE ORDER: Upon consideration of Plaintiff's motion to reschedule 32 , it is hereby ORDERED that the motion is GRANTED. The hearing currently set for April 22, 2019, is hereby VACATED and RESCHEDULED for April 25, 2019 at 2:00 p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 4/19/2019. (lcrdm3, ) (Entered: 04/19/2019) |
2019-04-19 | | Set/Reset Hearings: The Motion Hearing set for 4/22/2019 is VACATED and RESCHEDULED 4/25/2019, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/19/2019) |
2019-04-25 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 4/25/2019. For the reasons stated on the record, the 18 MOTION to Deem Certain Complaint Allegations, the 19 MOTION for Sanctions, and the 26 MOTION to Consolidate Cases, are all DENIED. Defendant's Amended Answer due by 5/2/2019. Summary Judgment motion due by 5/25/2019. Response to Motion for Summary Judgment and Cross Motion due by 6/25/2019. Reply to Motion for Summary Judgment and Response to Cross Motion due by 7/16/2019. Reply to Cross Motion due by 8/6/2019. (Court Reporter: Jeff Hook) (kh) (Entered: 04/25/2019) |
2019-05-02 | 33 | ENTERED IN ERROR. . . . .ANSWER to 4 , Second Amended Answer to First Amended Complaint and Defenses by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit Red Line Version)(Johnson, Wyneva) Modified to add linkage on 5/6/2019 (ztd). Modified on 5/7/2019 (ztd). (Entered: 05/02/2019) |
2019-05-02 | 34 | ANSWER to 4 , Second Amended Answer to First Amended Complaint and Defenses by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit Red Line Version)(Sroka, Scott) Modified to add linkage on 5/6/2019 (ztd). (Entered: 05/02/2019) |
2019-05-02 | | NOTICE OF CORRECTED DOCKET ENTRY: re 33 Answer to Complaint, was entered in error and counsel refiled said pleading as docket entry 34 . (ztd) (Entered: 05/07/2019) |
2019-05-10 | 35 | MOTION Deem Certain Complaint Allegations Admitted by HALL & ASSOCIATES (Hall, John) (Entered: 05/10/2019) |
2019-05-15 | 36 | MOTION to Align Schedules of 18-1749 and 19-330 to Resolve Common Rule 8 Issues by HALL & ASSOCIATES (Hall, John) (Entered: 05/15/2019) |
2019-05-20 | 37 | MOTION for Extension of Time to File Response/Reply as to 35 MOTION Deem Certain Complaint Allegations Admitted by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A)(Sroka, Scott) (Entered: 05/20/2019) |
2019-05-20 | 38 | ENTERED IN ERROR. . . . .MOTION for Extension of Time to File Motion for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A)(Sroka, Scott) Modified on 5/20/2019 (ztd). (Entered: 05/20/2019) |
2019-05-20 | | NOTICE OF ERROR re 38 Motion for Extension of Time to; emailed to scott.sroka@usdoj.gov, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Duplicate of docket entry 37 . (ztd, ) (Entered: 05/20/2019) |
2019-05-21 | 39 | RESPONSE re 37 MOTION for Extension of Time to File Response/Reply as to 35 MOTION Deem Certain Complaint Allegations Admitted filed by HALL & ASSOCIATES. (Hall, John) (Entered: 05/21/2019) |
2019-05-21 | | MINUTE ORDER: Upon consideration of Plaintiff's motion to align schedules 36 and Defendant's motion for extension of time 37 , it is hereby ORDERED that Plaintiff's motion 36 is GRANTED in part and DENIED in part and Defendants' motion 37 is GRANTED. In light of Plaintiff's pending Rule 8 motion 35 , it is hereby ORDERED that the status conference set for June 11, 2019 and the existing summary judgment briefing schedule are VACATED. It is further ORDERED that Defendants shall respond to Plaintiff's Rule 8 motion 35 on or before June 21, 2019. The Court will set a new summary judgment briefing schedule after the Rule 8 motion is resolved. Signed by Judge Randolph D. Moss on 5/21/2019. (lcrdm3, ) (Entered: 05/21/2019) |
2019-05-21 | | Set/Reset Deadlines: Defendants shall respond to Plaintiff's Rule 8 motion 35 on or before 6/21/2019. (kt) (Entered: 05/21/2019) |
2019-06-18 | 40 | TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on April 25, 2019. Page Numbers: 1 - 19. Date of Issuance: June 18, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/9/2019. Redacted Transcript Deadline set for 7/19/2019. Release of Transcript Restriction set for 9/16/2019.(Hook, Jeff) (Entered: 06/18/2019) |
2019-06-21 | 41 | Memorandum in opposition to re 35 MOTION Deem Certain Complaint Allegations Admitted filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 06/21/2019) |
2019-06-27 | 42 | REPLY to opposition to motion re 35 MOTION Deem Certain Complaint Allegations Admitted filed by HALL & ASSOCIATES. (Hall, John) (Entered: 06/27/2019) |
2019-11-15 | 43 | NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 11/15/2019) |
2020-01-09 | | MINUTE ORDER: In light of the Plaintiff's motion to deem admitted 35 , it is hereby ORDERED that the parties shall appear for a hearing on the motion on February 14, 2020 at 11:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 1/9/20. (lcrdm3, ) (Entered: 01/09/2020) |
2020-01-13 | 44 | NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/13/2020) |
2020-01-21 | 45 | NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. ENVIRONMENTAL PROTECTION AGENCY. (Sroka, Scott) (Entered: 01/21/2020) |
2020-01-21 | 46 | NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 01/21/2020) |
2020-02-13 | | MINUTE ORDER: The Court has reviewed each of the many allegations and responses at stake and has concluded that many of the allegations at issue involve characterizations of legal opinions, regulations, and documents attached to and incorporated into the complaint such that the interests of justice would not be served by treating certain of Plaintiff's allegations as admitted. The Court must decide for itself, for example, how to interpret legal opinions, regulations, and similar legal documents. Similarly, where a plaintiff attaches a document to a complaint, that document is incorporated in the complaint, and the Court ought not treat the plaintiff's characterization of that document as controlling, over the text of the actual document incorporated in the complaint. And, the actual administrative record controls over plaintiff's characterization of what it says. There are, however, occasions on which Defendant fails to admit or deny certain factual allegations requiring a response. Accordingly, it is hereby ORDERED that the following paragraphs in the complaint are deemed admitted in full: 2, 34, 35, 40, 41, 43, 45, 49, 66, 73. It is further ORDERED that the following paragraphs in the complaint are deemed admitted in part: 7 (admitted with respect to personal jurisdiction because personal jurisdiction is waived if not preserved) and 26 (admitted subject to the limitation and denial provided in the final sentence of Defendant's response). In light of the Court's minute order, it is further ORDERED that the motion hearing scheduled for February 14, 2020 be converted into a scheduling conference to discuss a schedule for further proceedings. Signed by Judge Randolph D. Moss on 2/13/20. (lcrdm3, ) (Entered: 02/13/2020) |
2020-02-14 | | Set/Reset Hearings: Motion hearing CONVERTED to Scheduling Conference set for 2/14/2020, at 11:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 02/14/2020) |
2020-02-14 | | MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 2/14/20. (lcrdm3, ) (Entered: 02/14/2020) |
2020-02-14 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Scheduling Conference held on 2/14/2020. Defendant shall provide Plaintiff with the Vaughn Index or Vaughn Indices and Declarations by 3/30/2020; Between 3/30/2020 and 4/10/2020 the parties shall meet and confer as to any areas of disagreement; Each party shall file a 5-page statement by the end of the day on 4/13/2020 indicating areas of agreement or disagreement. A Pre-motion Conference is set for 4/14/2020, at 2:00 PM, in Judge Moss' Jury Room, before Judge Randolph D. Moss. (Court Reporter: Jeff Hook.) (kt) (Entered: 02/14/2020) |
2020-03-19 | | MINUTE ORDER: In light of the current public health emergency, as described in Chief Judge Howell's March 16, 2020 Order (available on the Court's website), it is hereby ORDERED that the pre-motion conference previously scheduled for April 14, 2020 is VACATED. The parties shall confer telephonically regarding rescheduling the motion hearing and shall provide the Court with a joint status report regarding their availability in light of the national emergency and whether they wish to proceed telephonically on or before April 14, 2020. Signed by Judge Randolph D. Moss on 3/19/20. (lcrdm3, ) (Entered: 03/19/2020) |
2020-03-20 | 47 | Joint STATUS REPORT by HALL & ASSOCIATES. (Hall, John) (Entered: 03/20/2020) |
2020-04-13 | 48 | STATUS REPORT by HALL & ASSOCIATES. (Hall, John) (Entered: 04/13/2020) |
2020-04-13 | 49 | STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 04/13/2020) |
2020-04-13 | | MINUTE ORDER: In light of the parties' status reports, it is hereby ORDERED that the parties shall appear telephonically for a pre-motion conference on April 28, 2020 at 2:00 p.m. Signed by Judge Randolph D. Moss on 4/13/20. (lcrdm3, ) (Entered: 04/13/2020) |
2020-04-21 | | MINUTE ORDER: In light of the D.C. Circuit's decision in Hall & Associates v. EPA , No. 18-5241 (D.C. Cir. Apr. 21, 2020), it is hereby ORDERED that the parties shall file a joint status report on or before April 24, 2020 addressing this decision and its relationship, if any, to the issues the parties outlined in the status reports, Dkt. 49 , Dkt. 49 , to be discussed at the pre-motion conference scheduled for April 28, 2020. Signed by Judge Randolph D. Moss on 4/21/20. (lcrdm3, ) (Entered: 04/21/2020) |
2020-04-24 | 50 | STRICKEN PURSUANT TO MINUTE ORDER FILED ON 4/27/2020...... STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) Modified on 4/28/2020 (kt). (Entered: 04/24/2020) |
2020-04-24 | 51 | MOTION for Leave to File Independent Status Report by HALL & ASSOCIATES (Attachments: # 1 Exhibit Status Report, # 2 Exhibit Index of Exhibits in Support)(Hall, John) (Entered: 04/24/2020) |
2020-04-27 | | MINUTE ORDER: Upon consideration of the Plaintiff's motion for leave to file an independent status report 51 , it is hereby ORDERED that the motion is DENIED. It is further ORDERED that the status report field by the Defendants 50 is STRICKEN. Signed by Judge Randolph D. Moss on 4/27/20. (lcrdm3, ) (Entered: 04/27/2020) |
2020-04-27 | | MINUTE ORDER: In light of the parties' status reports 48 , 49 , it is hereby ORDERED that the Defendant shall file the Vaughn index and any declarations supporting its withholdings on the public docket by 11:00 a.m. on April 28, 2020. Signed by Judge Randolph D. Moss on 4/27/20. (lcrdm3, ) (Entered: 04/27/2020) |
2020-04-27 | 52 | NOTICE of Filing Declaration and Vaughn Index by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration of Sally Gutierrez, # 2 Supplemental Declaration of Sally Gutierrez, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Walker, Johnny) (Entered: 04/27/2020) |
2020-04-28 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 4/28/2020. All parties and the Court appeared via telephone. The Defendant will file with the Court, for in camera review, the unredacted copies of the documents discussed on the record. Defendant's Summary Judgment motion due by 5/29/2020; Plaintiff's Opposition and Cross Motion due by 7/13/2020; Defendant's Reply and Opposition to the Cross Motion due by 8/12/2020; Plaintiff's Reply to the Cross Motion due by 9/11/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 04/28/2020) |
2020-05-11 | 53 | WITHDRAWN PURSUANT TO DOCKET ENTRY NO. 62 . . . . . MOTION for Discovery Rule 56(d) Motion for Limited Discovery by HALL & ASSOCIATES (Attachments: # 1 Declaration Hall Rule 56(d) Declaration, # 2 Exhibit)(Hall, John) Modified event on 5/12/2020 (znmw). Modified on 8/12/2020 (ztd). (Entered: 05/11/2020) |
2020-05-15 | 54 | Unopposed MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Discovery by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 05/15/2020) |
2020-05-28 | 55 | Unopposed MOTION for Extension of Time to File Response/Reply as to 53 MOTION for Discovery by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) Modified relief on 5/28/2020 (ztd). (Entered: 05/28/2020) |
2020-05-31 | | MINUTE ORDER: Upon consideration of the Defendant's unopposed motions for extension of time, it is hereby ORDERED that the motions are GRANTED. Defendant's motion for summary judgment and response to Plaintiff's motion for discovery shall be filed on or before June 3, 2020. Signed by Judge Randolph D. Moss on 5/31/20. (lcrdm3, ) (Entered: 05/31/2020) |
2020-06-03 | 56 | MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Sally Gutierrez (with exhibits), # 4 Supplemental Declaration of Sally Gutierrez, # 5 2d Supplemental Declaration of Sally Gutierrez (with exhibit), # 6 Declaration of Christopher Kloss (with exhibit), # 7 Text of Proposed Order)(Walker, Johnny) (Entered: 06/03/2020) |
2020-06-03 | 57 | Memorandum in opposition to re 53 MOTION for Discovery filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 06/03/2020) |
2020-06-03 | 58 | NOTICE of In Camera Submission by U.S. ENVIRONMENTAL PROTECTION AGENCY re Pre-motion Conference,,, Set Deadlines,, (Walker, Johnny) (Entered: 06/03/2020) |
2020-06-08 | 59 | REPLY to opposition to motion re 53 MOTION for Discovery filed by HALL & ASSOCIATES. (Hall, John) (Entered: 06/08/2020) |
2020-07-02 | 60 | Unopposed MOTION for Extension of Time to File Plaintiff's Cross-Motion for Summary Judgment and Opposition to EPA's Motion for Summary Judgment by HALL & ASSOCIATES (Hall, John) (Entered: 07/02/2020) |
2020-07-08 | | MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for extension of time 60 , it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall file their opposition and cross-motion for summary judgment within 5 business days of the Court's ruling on their Rule 56(d) motion. Signed by Judge Randolph D. Moss on 7/8/20. (lcrdm3, ) (Entered: 07/08/2020) |
2020-08-11 | 61 | NOTICE OF WITHDRAWAL OF MOTION by HALL & ASSOCIATES re 53 MOTION for Discovery (Attachments: # 1 Exhibit)(Hall, John) (Entered: 08/11/2020) |
2020-08-13 | | MINUTE ORDER: In light of Plaintiff Hall's Notice of Withdrawal of Motion 61 , which withdraws Plaintiff's Motion for Discovery 53 and implicitly requests an extension of time to respond to Defendant's pending motion for summary judgment 56 , the Court will GRANT that motion. Plaintiff shall file its opposition and cross-motion for summary judgment on or before August 25, 2020. Signed by Judge Randolph D. Moss on 08/13/2020. (lcrdm3) (Entered: 08/13/2020) |
2020-08-13 | | Set/Reset Deadlines: Plaintiff's Plaintiff shall file its opposition and cross-motion for summary judgment due by 8/28/2020. (kt) (Entered: 08/13/2020) |
2020-08-25 | 62 | Cross MOTION for Summary Judgment by HALL & ASSOCIATES (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Hall, John) (Entered: 08/25/2020) |
2020-08-25 | 63 | Memorandum in opposition to re 56 MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Statement of Facts, # 4 Text of Proposed Order)(Hall, John) (Entered: 08/25/2020) |
2020-08-28 | 64 | Joint MOTION for Briefing Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/28/2020) |
2020-08-28 | | MINUTE ORDER: Upon consideration of the parties' Joint Motion for Briefing Schedule, Dkt. 64 , it is hereby ORDERED that the following schedule shall govern the summary judgment proceedings in this case: (1) Defendant's response to Plaintiff's motion for summary judgment as well as Defendant's reply in support of its motion for summary judgment shall be due on or before September 24, 2020; and (2) Plaintiff's reply in support of its motion for summary judgment shall be due on or before October 26, 2020. Signed by Judge Randolph D. Moss on 08/28/2020. (lcrdm3) (Entered: 08/28/2020) |
2020-08-31 | | Set/Reset Deadlines: Defendant's response to Plaintiff's motion for summary judgment and Defendant's reply in support of its motion for summary judgment due by 9/24/2020; Plaintiff's reply in support of its motion for summary judgment due by 10/26/2020. (kt) (Entered: 08/31/2020) |
2020-09-22 | 65 | Unopposed MOTION to Modify the Briefing Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/22/2020) |
2020-09-23 | | MINUTE ORDER: Upon consideration of Defendant's unopposed motion to modify the briefing schedule, Dkt. 65 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) the summary judgment briefing schedule set in this Court's Minute Order of August 28, 2020 is VACATED; (2) Defendant's response to Plaintiff's motion for summary judgment as well as Defendant's reply in support of its motion for summary judgment shall be due on or before October 8, 2020; and (3) Plaintiff's reply in support of its motion for summary judgment shall be due on or before November 9, 2020. Signed by Judge Randolph D. Moss on 09/23/2020. (lcrdm3) (Entered: 09/23/2020) |
2020-10-07 | 66 | MOTION to Modify the Briefing Schedule by U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 10/07/2020) |
2020-10-07 | 67 | RESPONSE re 66 MOTION to Modify the Briefing Schedule filed by HALL & ASSOCIATES. (Hall, John) (Entered: 10/07/2020) |
2020-10-09 | | MINUTE ORDER: Upon consideration of Defendant's Motion to Modify the Briefing Schedule, Dkt. 66 , and Plaintiff's Response to Defendant's Motion, Dkt. 67 , it is hereby ORDERED that the Motion is GRANTED. Plaintiff's contention that Defendant's requested extension will cause "further delay of this litigation" in a manner that "would be unreasonable and must be stopped at this time" is unconvincing. Dkt. 67 at 2. Defendant seeks a modest extension of only three (3) business days. Accordingly, it is further ORDERED that Defendant shall file its response to Plaintiff's motion for summary judgment and reply in support of its motion for summary judgment on or before October 14, 2020. Signed by Judge Randolph D. Moss on 10/9/2020. (lcrdm3) (Entered: 10/09/2020) |
2020-10-14 | 68 | Memorandum in opposition to re 62 Cross MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Supplemental Declaration of Christopher Kloss (with exhibits))(Walker, Johnny) (Entered: 10/14/2020) |
2020-10-14 | 69 | REPLY to opposition to motion re 56 MOTION for Summary Judgment filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Supplemental Declaration of Christopher Kloss (with exhibits))(Walker, Johnny) (Entered: 10/14/2020) |
2020-10-19 | 70 | ERRATA by U.S. ENVIRONMENTAL PROTECTION AGENCY 69 Reply to opposition to Motion, filed by U.S. ENVIRONMENTAL PROTECTION AGENCY, 68 Memorandum in Opposition, filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Supplemental Declaration of Christopher Kloss (with exhibits))(Walker, Johnny) (Entered: 10/19/2020) |
2020-11-10 | 71 | REPLY to opposition to motion re 62 Cross MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit, # 2 Hall Declaration with Exhibits)(Hall, John) (Entered: 11/10/2020) |
2021-03-09 | 72 | NOTICE of New Information by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 03/09/2021) |
2021-03-10 | 73 | NOTICE of Intent to Respond by March 23, 2021 by U.S. ENVIRONMENTAL PROTECTION AGENCY re 72 Notice (Other) (Walker, Johnny) (Entered: 03/10/2021) |
2021-03-23 | 74 | RESPONSE re 72 Notice (Other) filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 2d Supp. Kloss Decl. (with exhibits))(Walker, Johnny) (Entered: 03/23/2021) |
2021-03-30 | 75 | MOTION for Leave to File Reply in Support of Notice of New Information by HALL & ASSOCIATES. (Attachments: # 1 Proposed Reply, # 2 Exhibit)(Hall, John) (Entered: 03/30/2021) |
2021-03-31 | 76 | MEMORANDUM OPINION AND ORDER: For the reasons stated herein, it is hereby ORDERED that Defendant's motion for summary judgment, Dkt. 56 , is GRANTED in part and DENIED in part, and that Plaintiff's motion for summary judgment, Dkt. 62 , is GRANTED in part and DENIED in part. It is further ORDERED that (1) Defendant's motion for summary judgment is GRANTED with respect to Documents 14, 26, 27, and 34, and with respect to the first withholding in Document 35; (2) Defendant's motion for summary judgment is GRANTED as to all withheld portions of Document 9 with the exception of the potentially segregable withholdings identified in the Court's opinion, as to which Defendant's motion for summary judgment is DENIED; (3) Defendant's motion for summary judgment is DENIED on the merits with respect to Documents 31, 32, and the second withholding in Document 35; (4) Defendant's motion for summary judgment is DENIED as premature with respect to Documents 21, 23, 24, and 33; (5) Plaintiff's motion for summary judgment is GRANTED with respect to the second withholding made in Document 35; (6) Plaintiff's motion for summary judgment is DENIED without prejudice in all other respects; (7) Plaintiff's motion for leave to file supplemental authority, Dkt. 75 , is GRANTED; (8) each party shall file a status report with the Court on or before April 30, 2021, addressing whether the parties' dispute over Documents 21, 23, 24, and 33 still presents a live, justiciable controversy; and (9) Defendant shall, on or before April 30, 2021, produce the hyperlinked material in Document 9 to the Court in camera or show good cause why it need not do so. Signed by Judge Randolph D. Moss on 3/31/2021. (lcrdm3) (Entered: 03/31/2021) |
2021-04-30 | 77 | STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 3d Supp. Decl. of Christopher Kloss)(Walker, Johnny) (Entered: 04/30/2021) |
2021-04-30 | 78 | STATUS REPORT by HALL & ASSOCIATES. (Hall, John) (Entered: 04/30/2021) |
2021-10-12 | 79 | MOTION for Briefing Schedule by HALL & ASSOCIATES. (Attachments: # 1 Text of Proposed Order)(Hall, John) (Entered: 10/12/2021) |
2021-10-12 | 80 | Amended MOTION for Briefing Schedule with Corrected Proposed Schedule Dates by HALL & ASSOCIATES. (Attachments: # 1 Text of Proposed Order Corrected)(Hall, John) (Entered: 10/12/2021) |
2021-10-25 | 81 | RESPONSE re 80 Amended MOTION for Briefing Schedule with Corrected Proposed Schedule Dates filed by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 10/25/2021) |
2021-11-15 | 82 | NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Johnny H. Walker, III (Simon, Jeremy) (Entered: 11/15/2021) |
2021-11-16 | | MINUTE ORDER: Upon consideration of the parties' status reports, Dkts. 77 & 78 , and plaintiff's amended motion for briefing schedule, Dkt. 80 , it is hereby ORDERED that the parties shall appear for a telephonic status conference on November 19, 2021, at 11:00 a.m. The parties shall be prepared to discuss, among other things, whether a live controversy exists with respect to the four documents the government maintains have been disclosed to the plaintiff. The Deputy Clerk will provide the parties with dial-in and access information for the telephonic status conference. Signed by Judge Randolph D. Moss on 11/16/2021. (lcrdm3) (Entered: 11/16/2021) |
2021-11-18 | 83 | NOTICE of Appearance by Erin E. Thomas on behalf of HALL & ASSOCIATES (Thomas, Erin) (Entered: 11/18/2021) |
2021-11-18 | | MINUTE ORDER: Due to a conflict in the Court's calendar, it is hereby ORDERED that the telephonic conference scheduled for November 19, 2021, at 11:00 a.m., is RESCHEDULED for November 19, 2021, at 2:30 p.m. The parties are to use the same dial-in and access information previously provided by the Deputy Clerk of Court. Signed by Judge Randolph D. Moss on 11/18/2021. (lcrdm3) (Entered: 11/18/2021) |
2021-11-19 | | MINUTE ORDER: Due to a conflict in the Court's calendar, it is hereby ORDERED that the telephonic status conference scheduled for November 19, 2021, at 2:30 p.m, is hereby VACATED. The Court will set a future date for the status conference at a later time. Signed by Judge Randolph D. Moss on 11/19/2021. (lcrdm3) (Entered: 11/19/2021) |
2021-11-24 | | MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a video status conference on December 3, 2021, at 11:30 a.m. As with the previously scheduled status conference, the parties shall be prepared to discuss, among other things, whether a live controversy exists with respect to the four documents the government maintains have been disclosed to the plaintiff. The Deputy Clerk of Court will provide the parties with the access information for the video status conference. Signed by Judge Randolph D. Moss on 11/24/2021. (lcrdm3) (Entered: 11/24/2021) |
2021-12-03 | | Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Status Conference held on 12/3/2021. For the reasons stated on the record, on or before 1/14/2022, Defendant shall provide Plaintiff with a supplemental Vaughn Index and supplemental declaration. Joint Status Report due by 1/28/2022. (Court Reporter: Jeff Hook.) (kt) (Entered: 12/03/2021) |
2022-01-19 | 84 | NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/19/2022) |
2022-01-28 | 85 | Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 01/28/2022) |
2022-01-29 | | MINUTE ORDER: In its Memorandum Opinion and Order in this matter, this Court granted in part and denied in part plaintiff's motion for summary judgment and granted in part and denied in part the EPA's motion for summary judgment. See Dkt. 76. The Court subsequently held a status conference to address the extent of any remaining disputes as to the EPA's production. See Minute Entry (Dec. 3, 2021). In their most recent status report, the parties represent that no dispute remains between the parties, and the EPA asks that this Court enter judgment and direct the EPA to produce its only outstanding production--the second withholding in Document 35--within sixty days. Dkt. 85 at 4; see also id. at 2 (plaintiff's statement) ("[I]t does not appear that there is anything more to be accomplished by continuing to litigate this matter."). Plaintiff does not object to this request, and so the Court will enter judgment in this matter in a separate order. It is further ORDERED that (1) EPA shall produce the second withholding in Document 35 on or before April 1, 2022; (2) plaintiff shall file its motion for attorneys' fees on or before February 4, 2022; (3) EPA shall file its response on or before March 4, 2022; and (4) plaintiff shall file its reply on or before March 25, 2022. The Court notes, in relation to the briefing schedule on attorneys' fees, that the EPA remains free to seek an extension should counsel's anticipated trial in March create difficulties in meeting the deadline set in this order. Signed by Judge Randolph D. Moss on 1/29/2022. (lcrdm3) (Entered: 01/29/2022) |
2022-01-29 | 86 | ORDER: For the reasons stated in the Court's Memorandum Opinion, Dkt. 76 , it is hereby ORDERED that the EPA's motion for summary judgment, Dkt. 56 , is GRANTED in part and DENIED in part, and that Plaintiff's motion for summary judgment, Dkt. 62 , is GRANTED in part and DENIED in part. It is further ORDERED that judgment is hereby ENTERED partially in favor of the EPA and partially in favor of Plaintiff, as described in the Court's Memorandum Opinion, Dkt. 76 , and this Court's subsequent Orders, see Minute Order (Jan. 29, 2022). This Order constitutes the final judgment of the Court within the meaning of Rule 58(a) of the Federal Rules of Civil Procedure. The Deputy Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 1/29/2022. (lcrdm3) (Entered: 01/29/2022) |
2022-01-31 | | Set/Reset Deadlines: Motion due by 2/4/2022; Response due by 3/4/2022; Reply due by 3/25/2022. (kt) (Entered: 01/31/2022) |
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