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Case TitlePOWER THE FUTURE v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01411
Date Filed2023-05-18
Date Closed2024-05-30
JudgeJudge Dabney L. Friedrich
PlaintiffPOWER THE FUTURE
Case DescriptionPower the Future submitted a FOIA request to the EPA for records concerning email correspondence between seven named EPA Region VI appointees and four named email domains of environmental pressure groups. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Power the Future filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2023-05-181COMPLAINT POWER THE FUTURE against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 402 receipt number ADCDC-10076634) filed by POWER THE FUTURE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Horner, Christopher) (Entered: 05/18/2023)
2023-05-18Case Assigned to Judge Dabney L. Friedrich. (zcb) (Entered: 05/18/2023)
2023-05-182SUMMONS (3) Issued Electronically as to U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 05/18/2023)
2023-05-223LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (NONE) by POWER THE FUTURE (Horner, Christopher) (Entered: 05/22/2023)
2023-05-224LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests SIGNED (NONE) by POWER THE FUTURE (Horner, Christopher) (Entered: 05/22/2023)
2023-06-285STANDARD ORDER for civil cases. See text for details. Signed by Judge Dabney L. Friedrich on June 28, 2023. (lcdlf1) (Entered: 06/28/2023)
2023-07-17MINUTE ORDER. The plaintiff filed a complaint in this action on May 18, 2023 against the U.S. Environmental Protection Agency. As of today, the public docket reflects that the plaintiff has not filed proof of service. The Court directs the plaintiff's attention to Federal Rule of Civil Procedure 4(m), which provides in pertinent part that if a defendant is not served within 90 days after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. Fed. R. Civ. P. 4(m). Unless service is waived, proof of service must be made to the court. Fed. R. Civ. P. 4(l)(1). To avoid the finality of a mandatory dismissal of this action against the defendants, it is ORDERED that the plaintiff must, on or before August 16, 2023, either cause process to be served upon the defendants and proof of service to be filed with the Court or establish good cause for the failure to do so. The failure to make such filings will result in dismissal of this case. So Ordered by Judge Dabney L. Friedrich on July 17, 2023. (lcdlf1) (Entered: 07/17/2023)
2023-07-17Set/Reset Deadlines: Time to effectuate service upon party due by 8/16/2003. (zjch, ) (Entered: 07/18/2023)
2023-07-246NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 07/24/2023)
2023-07-257Consent MOTION for Extension of Time to Respond by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 07/25/2023)
2023-07-26MINUTE ORDER. Upon consideration of the defendant's 7 consent motion for an extension of time, it is ORDERED that the motion is GRANTED. The defendant shall file its response to plaintiff's 1 complaint on or before August 16, 2023. So Ordered by Judge Dabney L. Friedrich on July 26, 2023. (lcdlf1) (Entered: 07/26/2023)
2023-07-318RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 7/26/2023 (Horner, Christopher) (Entered: 07/31/2023)
2023-07-319RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2023. (Answer due for ALL FEDERAL DEFENDANTS by 7/31/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/27/2023. (See docket entry 8 to view document (mg) (Entered: 08/01/2023)
2023-08-1610ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY.(Jones, Sian) (Entered: 08/16/2023)
2023-08-1611NOTICE of Appearance by B. Kathryn Debrason on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Debrason, B.) (Entered: 08/16/2023)
2023-08-16MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before September 6, 2023. So Ordered by Judge Dabney L. Friedrich on August 16, 2023. (lcdlf1) (Entered: 08/16/2023)
2023-08-16Set/Reset Deadlines: Status Report due by 9/6/2023 (zjch, ) (Entered: 08/17/2023)
2023-08-1712NOTICE of Appearance by Matthew D. Hardin on behalf of POWER THE FUTURE (Hardin, Matthew) (Entered: 08/17/2023)
2023-09-0613Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 09/06/2023)
2023-09-06MINUTE ORDER. Upon consideration of the parties' 13 Status Report, it is ORDERED that the parties shall file a joint status report on or before October 6, 2023. The status report shall propose a schedule for further proceedings if necessary. So Ordered by Judge Dabney L. Friedrich on September 6, 2023. (lcdlf1) (Entered: 09/06/2023)
2023-09-06Set/Reset Deadlines: Status Report due by 10/6/2023 (zjch, ) (Entered: 09/07/2023)
2023-10-0614Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Truong, John) (Entered: 10/06/2023)
2023-10-06MINUTE ORDER. Upon consideration of the parties' 14 Status Report, it is ORDERED that the parties shall file a status report on or before December 6, 2023. So Ordered by Judge Dabney L. Friedrich on September 6, 2023. (lcdlf1) (Entered: 10/06/2023)
2023-10-06Set/Reset Deadlines: Status Report due by 12/6/2023 (zjch, ) (Entered: 10/10/2023)
2023-10-1815NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY (Eckrote, Kaitlin) (Entered: 10/18/2023)
2023-12-0616Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 12/06/2023)
2023-12-06MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, the parties shall file a joint status report on or before January 9, 2024. So Ordered by Judge Dabney L. Friedrich on December 6, 2023. (lcdlf1) (Entered: 12/06/2023)
2024-01-0817Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 01/08/2024)
2024-01-08MINUTE ORDER. Upon consideration of the parties' 17 Status Report, the parties shall submit a joint status report on or before March 11, 2024. So Ordered by Judge Dabney L. Friedrich on January 8, 2024. (lcdfl1) (Entered: 01/08/2024)
2024-03-1118Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Debrason, B.) (Entered: 03/11/2024)
2024-03-11MINUTE ORDER. Upon consideration of the parties' 18 Status Report, the parties shall file a joint status report on or before May 10, 2024. So Ordered by Judge Dabney L. Friedrich on March 11, 2024. (lcdlf1) (Entered: 03/11/2024)
2024-04-2319NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of All Defendants Substituting for attorney B. Kathryn Debrason (Stratton, Kimberly) (Entered: 04/23/2024)
2024-05-1020Joint STATUS REPORT by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Ontell, Joshua) (Entered: 05/10/2024)
2024-05-1021NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of U.S. ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Kimberly Stratton (Ontell, Joshua) (Entered: 05/10/2024)
2024-05-10MINUTE ORDER. Upon consideration of the parties' 20 Status Report, the parties shall file a joint status report on or before July 9, 2024. So Ordered by Judge Dabney L. Friedrich on May 10, 2024. (lcdlf1) (Entered: 05/10/2024)
2024-05-3022STIPULATION of Dismissal with Prejudice by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Ontell, Joshua) (Entered: 05/30/2024)
2024-05-30MINUTE ORDER. Upon consideration of the parties' 22 Stipulation, this action is DISMISSED. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close the case. So Ordered by Judge Dabney L. Friedrich on May 30, 2024. (lcdlf1) (Entered: 05/30/2024)
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