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Case TitleHALL AND ASSOCIATES v. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00808
Date Filed2014-05-15
Date Closed2014-12-31
JudgeJudge John D. Bates
PlaintiffHALL AND ASSOCIATES
Case DescriptionHall & Associates submitted 11 FOIA requests to the EPA for records concerning the agency's decision to limit the effect of a decision by the U.S. Court of Appeals for the Eighth Circuit finding the agency had improperly revised two rules under the Clean Water Act. After the agency provided a cost estimate of $3,400, Hall & Associates amended the requests, withdrawing the 10 requests to the agency's regional offices. The agency disclosed six records as part of an interim response that included a list of 21 documents the agency intended to withhold under either Exemption 5 (privileges) or Exemption 7(A) (interference with ongoing investigation or proceeding). The agency did not disclose any further documents, but provided another list containing 49 records subject to Exemption 5 or Exemption 7(A). Hall & Associates appealed the agency decision. In response to the appeal, the agency reduced the fees assessed, but affirmed the denial of records. Hall & Associates then filed suit.
Complaint issues: Exemption 5 - Privileges, Exemption 7(A) - Interference with ongoing investigation

DefendantENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-151COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3716508) filed by HALL AND ASSOCIATES. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons for EPA, USAG, and US Attorney's Office, # 3 Exhibit Exhibits 1-15)(Rosenman, Philip) (Entered: 05/15/2014)
2014-05-15Case Assigned to Judge John D. Bates. (kb) (Entered: 05/15/2014)
2014-05-162SUMMONS Issued (3) Electronically as to ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 05/16/2014)
2014-06-113RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ENVIRONMENTAL PROTECTION AGENCY served on 5/21/2014 (Attachments: # 1 Exhibit Proof of Service)(Rosenman, Philip) (Entered: 06/11/2014)
2014-06-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/22/2014. Answer due for ALL FEDERAL DEFENDANTS by 6/21/2014. (Attachments: # 1 Exhibit Proof of Service)(Rosenman, Philip) (Entered: 06/11/2014)
2014-06-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/22/2014. (Attachments: # 1 Exhibit Proof of Service)(Rosenman, Philip) (Entered: 06/11/2014)
2014-06-196NOTICE of Appearance by Jeremy S. Simon on behalf of ENVIRONMENTAL PROTECTION AGENCY (Simon, Jeremy) (Entered: 06/19/2014)
2014-06-197Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/19/2014)
2014-06-19MINUTE ORDER: Upon consideration of 7 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall answer or otherwise respond to plaintiff's complaint by not later than July 23, 2014. SO ORDERED. Signed by Judge John D. Bates on 6/19/14. (lcjdb2) (Entered: 06/19/2014)
2014-06-24Set/Reset Deadlines: Answer due by 7/23/2014. (tb, ) (Entered: 06/24/2014)
2014-07-238MOTION to Dismiss by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 07/23/2014)
2014-07-259Consent MOTION for Extension of Time to File Response/Reply to EPA Motion to Dismiss by HALL AND ASSOCIATES (Rosenman, Philip) (Entered: 07/25/2014)
2014-07-25MINUTE ORDER: Upon consideration of 9 plaintiff's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiff shall file its response to 8 defendant's motion to dismiss by not later than September 12, 2014. SO ORDERED. Signed by Judge John D. Bates on 7/25/14. (lcjdb2) (Entered: 07/25/2014)
2014-07-28Set/Reset Deadlines: Response to Dispositive Motions due by 9/12/2014. (tb, ) (Entered: 07/28/2014)
2014-09-1210RESPONSE re 8 MOTION to Dismiss and supporting Memorandum of Points and Authorities filed by HALL AND ASSOCIATES. (Rosenman, Philip) (Entered: 09/12/2014)
2014-09-1811Consent MOTION for Extension of Time to File Reply in Support of Motion to Dismiss by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/18/2014)
2014-09-18MINUTE ORDER: Upon consideration of 11 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendant shall file its reply in support of its motion to dismiss by not later than October 14, 2014. SO ORDERED. Signed by Judge John D. Bates on 9/18/14. (lcjdb2) (Entered: 09/18/2014)
2014-09-23Set/Reset Deadlines: Reply to Dispositive Motions due by 10/14/2014. (tb, ) (Entered: 09/23/2014)
2014-10-1412REPLY to opposition to motion re 8 MOTION to Dismiss filed by ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 10/14/2014)
2014-10-1713ERRATA by ENVIRONMENTAL PROTECTION AGENCY 12 Reply to opposition to Motion filed by ENVIRONMENTAL PROTECTION AGENCY, 8 MOTION to Dismiss filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Corrected Reply Memorandum in Support of Motion to Dismiss)(Simon, Jeremy) (Entered: 10/17/2014)
2014-10-2414MOTION to Strike 13 Errata, by HALL AND ASSOCIATES (Attachments: # 1 Exhibit Exs. 1-2)(Rosenman, Philip) (Entered: 10/24/2014)
2014-11-0515Memorandum in opposition to re 14 MOTION to Strike 13 Errata, filed by ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/05/2014)
2014-11-0516Cross MOTION to Substitute Corrected Version of Defendant's Reply Memorandum by ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 11/05/2014)
2014-11-1017REPLY to opposition to motion re 14 MOTION to Strike 13 Errata, filed by HALL AND ASSOCIATES. (Attachments: # 1 Exhibit Ex. 1)(Rosenman, Philip) (Entered: 11/10/2014)
2014-11-1018RESPONSE re 16 Cross MOTION to Substitute Corrected Version of Defendant's Reply Memorandum filed by HALL AND ASSOCIATES. (Attachments: # 1 Exhibit Ex. 1)(Rosenman, Philip) (Entered: 11/10/2014)
2014-11-2019REPLY to opposition to motion re 16 Cross MOTION to Substitute Corrected Version of Defendant's Reply Memorandum filed by ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) (Entered: 11/20/2014)
2014-12-3120MEMORANDUM OPINION. See text for details. Signed by Judge John D. Bates on 12/31/14. (lcjdb2) (Entered: 12/31/2014)
2014-12-3121ORDER granting 8 the government's motion to dismiss plaintiff's complaint, denying 14 plaintiff's motion to strike the government's errata, and denying as moot 16 the government's cross-motion to substitute corrected reply memorandum. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 12/31/14. (lcjdb2) (Entered: 12/31/2014)
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