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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01210
Date Filed2023-05-01
Date Closed2024-06-04
JudgeJudge Amy Berman Jackson
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted a FOIA request to the EPA for records concerning communications of certain individuals and organizations, including Frank Biden and his employer, the Berman Law Group. FGI also included a list of keywords for searching. FGI also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-011COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10038533) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons EPA Summons, # 3 Summons AG Summons, # 4 Summons US Atty Summons, # 5 Supplement Exhibit List, # 6 Exhibit Ex. 1, # 7 Exhibit Ex. 2, # 8 Exhibit Ex. 3, # 9 Exhibit Ex. 4, # 10 Exhibit Ex. 5)(Bartkowski, Paul) (Entered: 05/01/2023)
2023-05-01Case Assigned to Judge Amy Berman Jackson. (zsl) (Entered: 05/01/2023)
2023-05-012SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 05/01/2023)
2023-06-083NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 06/08/2023)
2023-06-084ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Jones, Sian) (Entered: 06/08/2023)
2023-06-205ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before July 18, 2023. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 06/20/2023. (lcabj2). Modified on 6/20/2023 to remove unnecessary docket text material (jth). (Entered: 06/20/2023)
2023-06-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/9/2023. Answer due for ALL FEDERAL DEFENDANTS by 6/8/2023. (Bartkowski, Paul) (Entered: 06/27/2023)
2023-06-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General May 15, 2023. (Bartkowski, Paul) (Entered: 06/27/2023)
2023-06-278Summons Returned Unexecuted as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Bartkowski, Paul) Modified on event text 6/28/2023 (znmw). (Entered: 06/27/2023)
2023-07-189STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 07/18/2023)
2023-07-18MINUTE ORDER. In light of defendant's report 9 , it is ORDERED that another status report is due by September 18, 2023. Signed by Judge Amy Berman Jackson on 7/18/23. (DMK) (Entered: 07/18/2023)
2023-08-3110NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (DeGenaro, Stephen) (Entered: 08/31/2023)
2023-09-1811STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 09/18/2023)
2023-09-22MINUTE ORDER. In light of defendant's 11 status report, it is ORDERED that another status report is due by October 16, 2023. Signed by Judge Amy Berman Jackson on 09/22/2023. (lcabj2) (Entered: 09/22/2023)
2023-10-1612STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER. In light of defendant's 12 status report, it is ORDERED that another status report is due by November 15, 2023. Signed by Judge Amy Berman Jackson on 10/17/2023. (lcabj2) (Entered: 10/17/2023)
2023-11-1513STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 11/15/2023)
2023-11-16MINUTE ORDER. In light of defendant's 13 status report, it is ORDERED that another status report is due by December 15, 2023. Signed by Judge Amy Berman Jackson on 11/16/2023. (lcabj2) (Entered: 11/16/2023)
2023-12-1514STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (DeGenaro, Stephen) (Entered: 12/15/2023)
2023-12-15MINUTE ORDER. In light of defendant's 14 status report, it is ORDERED that another status report is due by January 16, 2024. Signed by Judge Amy Berman Jackson on 12/15//2023. (lcabj2) (Entered: 12/15/2023)
2024-01-1615STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (DeGenaro, Stephen) (Entered: 01/16/2024)
2024-01-19MINUTE ORDER. In light of defendant's 15 status report, it is ORDERED that another status report is due by February 15, 2024. Signed by Judge Amy Berman Jackson on 1/19/2024. (lcabj2) (Entered: 01/19/2024)
2024-02-1516STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 02/15/2024)
2024-02-16MINUTE ORDER. In light of defendant's 16 status report, it is ORDERED that another status report is due by March 14, 2024. Signed by Judge Amy Berman Jackson on 2/16/2024. (lcabj2) (Entered: 02/16/2024)
2024-03-1417STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 03/14/2024)
2024-03-15MINUTE ORDER. In light of defendant's 17 status report, it is ORDERED that another status report is due by April 15, 2024. Signed by Judge Amy Berman Jackson on 3/15/2024. (lcabj2) (Entered: 03/15/2024)
2024-04-1518STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 04/15/2024)
2024-04-16MINUTE ORDER. In light of defendant's 18 status report, it is ORDERED that defendant must file another status report by May 15, 2024 if the case has not yet been resolved. Signed by Judge Amy Berman Jackson on 4/16/2024. (lcabj2) (Entered: 04/16/2024)
2024-05-1519STIPULATION of Dismissal by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Jones, Sian) (Entered: 05/15/2024)
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by FOIA Project Staff
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