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Case TitleLOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP v. U.S. ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of New Jersey
CityNewark
Case Number2:2015cv07828
Date Filed2015-10-30
Date Closed2017-07-21
JudgeJudge Jose L. Linares
PlaintiffLOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP
Case DescriptionThe Lower Passaic River Study Area Cooperating Parties Group submitted a series of FOIA requests to the EPA for records concerning the Diamond Alkali Superfund Site. The agency partially responded to some requests, but had not responded to others. The Study Group finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-301COMPLAINT against U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing and Admin fee $ 400 receipt number 0312-6731319), filed by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)(seb) (Entered: 11/02/2015)
2015-10-302Corporate Disclosure Statement by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP identifying NONE as Corporate Parent.. (seb) (Entered: 11/02/2015)
2015-11-023SUMMONS ISSUED as to U.S. ENVIRONMENTAL PROTECTION AGENCY Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *STEPHEN BOND* (seb) (Entered: 11/02/2015)
2015-11-044NOTICE by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP Certificate of Service (SMITH, JUSTIN) (Entered: 11/04/2015)
2015-11-135CERTIFICATE OF SERVICE by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP (SMITH, JUSTIN) (Entered: 11/13/2015)
2015-11-166MOTION for Leave to Appear Pro Hac Vice of Christopher M. McDonald and David R. Erickson by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP. (SMITH, JUSTIN) (Entered: 11/16/2015)
2015-11-16Set/Reset Deadlines as to 6 MOTION for Leave to Appear Pro Hac Vice of Christopher M. McDonald and David R. Erickson . Motion set for 12/21/2015 before Judge Jose L. Linares. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) (Entered: 11/19/2015)
2015-11-17MOTIONS 6 MOTION for Leave to Appear Pro Hac Vice of Christopher M. McDonald and David R. Erickson REFERRED to Joseph A. Dickson. (lr, ) (Entered: 11/17/2015)
2015-11-307Application and Proposed Order for Clerk's Order to extend time to answer as to defendant EPA. Attorney KRISTIN LYNN VASSALLO for U.S. ENVIRONMENTAL PROTECTION AGENCY added. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 11/30/2015)
2015-12-02Clerk`s Text Order - The document 7 Application for Clerk's Order to Ext Answer/Proposed Order submitted by U.S. ENVIRONMENTAL PROTECTION AGENCY has been GRANTED. The answer due date has been set for 12/18/2015. (nr, ) (Entered: 12/02/2015)
2015-12-088ORDER granting 6 MOTION for Leave to Appear Pro Hac Vice of Christopher M. McDonald and David R. Erickson by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP, etc. Signed by Magistrate Judge Joseph A. Dickson on 12/08/2015. (JB, ) (Entered: 12/08/2015)
2015-12-189ANSWER to Complaint by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 12/18/2015)
2015-12-3010ORDER: Initial Conference set for 2/24/2016 11:30 AM in Newark - Courtroom 2D before Magistrate Judge Joseph A. Dickson. Joint proposed discovery plan is to be e-filed with the Court by 2/19/16. Signed by Magistrate Judge Joseph A. Dickson on 12/30/15. (nm, ) (Entered: 12/30/2015)
2016-02-1811Joint Discovery Plan by U.S. ENVIRONMENTAL PROTECTION AGENCY.(VASSALLO, KRISTIN) (Entered: 02/18/2016)
2016-02-1912Letter from the Government seeking permission to have two EPA attorneys participate in the initial conference by telephone. (VASSALLO, KRISTIN) (Entered: 02/19/2016)
2016-02-2213ORDER granting the United States' request to permit two attorneys from the EPA's Office of General Counsel, Jennifer Hammitt and Brandon Mullings to participate in the telephone conference scheduled for 2/24/2016 at 11:30A.M.. Signed by Magistrate Judge Joseph A. Dickson on 2/22/2016. (nr, ) (Entered: 02/23/2016)
2016-02-23Pro Hac Vice fee: $ 300.00, receipt number NEW028680 Re David R. Erickson & Christopher McDonald (nr, ) (Entered: 02/23/2016)
2016-02-24Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Initial Pretrial Conference held on 2/24/2016. (nm, ) (Entered: 02/24/2016)
2016-02-2414PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 8/17/2016 10:00 AM before Magistrate Judge Ann Marie Donio. Amended Pleadings due by 3/15/2016. Joinder of Parties due by 3/15/2016, etc. Signed by Magistrate Judge Joseph A. Dickson on 2/24/2016. (JB, ) (Entered: 02/26/2016)
2016-02-2915TEXT ORDER: Correction to Scheduling Order (ECF #14) - The telephone status conference scheduled for 8/17/16 at 10:00 a.m. will be held before USMJ Joseph A. Dickson, not Judge Donio. So Ordered by Magistrate Judge Joseph A. Dickson on 2/29/16. (nm, ) (Entered: 02/29/2016)
2016-05-1216Letter from the EPA requesting permission to submit a brief in excess of the page limits set by LCR 7.2(d). (VASSALLO, KRISTIN) (Entered: 05/12/2016)
2016-05-1317LETTER ORDER GRANTING 16 Letter from the EPA requesting permission to submit a brief in excess of the page limits set by LCR 7.2, etc. Signed by Judge Jose L. Linares on 5/13/2016. (JB, ) (Entered: 05/13/2016)
2016-05-1318LETTER ORDER Granting Defendant EPA's Letter, requesting permission to submit a brief of up to 50 pages, 12 Times New Roman font. The Court will allow Plaintiff the same limit for its opposition brief, etc.. Signed by Judge Jose L. Linares on 5/13/2016. (JB, ) (Entered: 05/13/2016)
2016-06-0219TEXT ORDER: The parties are advised that the telephone status conference scheduled for 8/17/16 has been rescheduled to 9/8/16 at 2:00 p.m. So Ordered by Magistrate Judge Joseph A. Dickson on 6/2/16. (nm, ) (Entered: 06/02/2016)
2016-06-2420Letter from the EPA seeking an extension of time to serve and file a reply brief and permission to submit a reply brief in excess of the page limits set by Local Civil Rule 7.2(d). (VASSALLO, KRISTIN) (Entered: 06/24/2016)
2016-06-2721ORDER granting the EPA's request for an extension of time to submit a reply brief to 7/15/2016. Signed by Magistrate Judge Joseph A. Dickson on 6/27/2016. (nr, ) (Entered: 06/27/2016)
2016-07-1522MOTION for Summary Judgment by U.S. ENVIRONMENTAL PROTECTION AGENCY. Responses due by 8/1/2016 (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Declaration of Walter Mugdan, # 4 Mugdan Declaration, Exhibits A - X, # 5 Local Civil Rule 56.1 Statement of Material Facts Not in Dispute, # 6 Brief)(VASSALLO, KRISTIN) (Entered: 07/15/2016)
2016-07-1523MEMORANDUM in Opposition filed by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP re 22 MOTION for Summary Judgment (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order, # 3 Affidavit of William Hyatt, # 4 Affidavit of Robert La Gravenis, # 5 Statement Local Rule 56.1)(SMITH, JUSTIN) (Entered: 07/15/2016)
2016-07-1524REPLY to Response to Motion filed by U.S. ENVIRONMENTAL PROTECTION AGENCY re 22 MOTION for Summary Judgment (Attachments: # 1 Declaration of Judith Enck and Exhibit 1, # 2 Declaration of Walter Mugdan and Exhibits Y, Z, AA, # 3 Response to Plaintiff's Local Civil Rule 56.1 Statement, # 4 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 07/15/2016)
2016-07-19Set/Reset Deadlines as to 22 MOTION for Summary Judgment . Motion set for 8/15/2016 before Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nr, ) (Entered: 07/19/2016)
2016-07-2925MOTION for Leave to File Sur-Reply to the Reply Memorandum in Further Support of Motion for Summary Judgment by LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP. (Attachments: # 1 Exhibit A: Sur-Reply in Opposition to Motion for Summary Judgment, # 2 Exhibit B: Proposed Order, # 3 Affidavit of J. Smith in Support of Sur-Reply in Opposition to Motion for Summary Judgment, # 4 Certificate of Service)(SMITH, JUSTIN) (Entered: 07/29/2016)
2016-07-29Set/Reset Deadlines as to 25 MOTION for Leave to File Sur-Reply to the Reply Memorandum in Further Support of Motion for Summary Judgment . Motion set for 9/6/2016 before Judge Jose L. Linares. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (nr, ) (Entered: 07/30/2016)
2016-08-0326ORDER granting 25 Motion for Leave to File Sur-Reply to the Reply Memorandum in Further Support of Motion for Summary Judgment. The Clerk shall enter Exhibit A to the Motion on the docket in this proceeding. Signed by Judge Jose L. Linares on 8/3/16. (cm ) (Entered: 08/04/2016)
2016-08-0427Letter from the EPA. (VASSALLO, KRISTIN) (Entered: 08/04/2016)
2016-09-0828TEXT ORDER: The parties are advised that the TIME of the telephone status conference scheduled for 9/8/16 has been moved to 3:00 p.m.. So Ordered by Magistrate Judge Joseph A. Dickson on 9/8/16. (nm, ) (Entered: 09/08/2016)
2016-09-08Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Telephone Status Conference held on 9/8/2016. (nm, ) (Entered: 09/08/2016)
2016-09-0829TEXT ORDER - On or before 9/16/16, the parties shall meet and confer regarding the sufficiency of the information set forth in the Vaughn index that the EPA prepared in connection with this matter. On or before 9/21/16, Plaintiff shall file a letter that either (1) notifies the Court that the parties have resolved their dispute regarding the Vaughn index; or (2) sets forth Plaintiff's position on the issue. Defendant may file a responsive letter on or before 9/28/16. So Ordered by Magistrate Judge Joseph A. Dickson on 9/8/16. (nm, ) (Entered: 09/08/2016)
2016-09-2130Letter from Justin Smith, counsel for Plaintiff CPG re 29 Order,,. (Attachments: # 1 Exhibit A: 9/19/16 CPG Letter to EPA, # 2 Exhibit B: 9/20/16 EPA Letter to CPG, # 3 Exhibit C: 9/21/16 CPG Letter to EPA, # 4 Exhibit D: 3/9/16 NJDEP Letter to SHB, # 5 Exhibit E: 4/19/16 SHB Letter to NJDEP)(SMITH, JUSTIN) (Entered: 09/21/2016)
2016-09-2831Letter from the EPA concerning the Court's September 8th text order. (VASSALLO, KRISTIN) (Entered: 09/28/2016)
2016-10-0732TEXT ORDER - The Court has carefully reviewed the parties' recent letters. (ECF Nos. 30-31). The EPA shall take each of the steps proposed in its 9/28/16 letter, (ECF No. 31 at 6-7), and update its Vaughn index accordingly on or before 11/9/16. The EPA's pending motion for summary judgment, (ECF No. 22), is hereby terminated without prejudice to the EPA's right to move for summary judgment, at a later date and with leave of Court, after accounting for the aforementioned updates. So Ordered by Magistrate Judge Joseph A. Dickson on 10/7/16. (nm, ) (Entered: 10/07/2016)
2016-10-1433Letter from the EPA to Judge Dickson regarding the Court's text order. (VASSALLO, KRISTIN) (Entered: 10/14/2016)
2016-10-2834TEXT ORDER - The Court is in receipt of the United States Environmental Protection Agency's letter dated 10/14/16. (ECF No. 33). No party has objected to the EPA's specific proposal as set forth therein. Therefore, in addition to undertaking the various actions with regard to its Vaughn index described in its letter (sorting the index, providing cc: and bcc: fields for e-mails, providing available information regarding e-mail attachments, and providing information regarding e-mail senders and recipients), the EPA shall also provide specific document descriptions and justifications for three randomly selected documents from each of categories 1, 2, 6, 8, 13, and 14 and five randomly selected documents from each of categories 3, 4, 5, 9, 10, 11, 12, and 15. The EPA shall take these steps on or before 12/2/16. So Ordered by Magistrate Judge Joseph A. Dickson on 10/28/16. (nm, ) (Entered: 10/28/2016)
2016-11-0935Letter from the EPA enclosing revised supplemental Vaughn index and related information. (Attachments: # 1 Revised Vaughn: Category 1, # 2 Revised Vaughn: Category 2, # 3 Revised Vaughn: Category 3 (part 1), # 4 Revised Vaughn: Category 3 (part 2), # 5 Revised Vaugn: Category 4 (part 1), # 6 Revised Vaughn: Category 4 (part 2))(VASSALLO, KRISTIN) (Entered: 11/09/2016)
2016-11-0936Letter from the EPA enclosing revised supplemental Vaughn index and related information (exhibits continued). (Attachments: # 1 Revised Vaughn Index: Category 5 (part 1), # 2 Revised Vaughn Index: Category 5 (part 2), # 3 Revised Vaughn Index: Category 5 (part 3), # 4 Revised Vaughn Index: Category 6, # 5 Revised Vaughn Index: Category 7, # 6 Revised Vaughn Index: Category 8)(VASSALLO, KRISTIN) (Entered: 11/09/2016)
2016-11-0937Letter from from the EPA enclosing revised supplemental Vaughn index and related information (exhibits continued).. (Attachments: # 1 Revised Vaughn Index: Category 9 (part 1), # 2 Revised Vaughn Index: Category 9 (part 2), # 3 Revised Vaughn Index: Category 10, # 4 Revised Vaughn Index: Category 11 (part 1), # 5 Revised Vaughn Index: Category 11 (part 2), # 6 Revised Vaughn Index: Category 11 (part 3), # 7 Revised Vaughn Index: Category 11 (part 4), # 8 Revised Vaughn Index: Category 12, # 9 Revised Vaughn Index: Category 13, # 10 Revised Vaughn Index: Category 14, # 11 Revised Vaughn Index: Category 15, # 12 List of Names for FOIA5768, # 13 List of Names for FOIA6018, # 14 Released Document)(VASSALLO, KRISTIN) (Entered: 11/09/2016)
2016-12-0238Letter from the EPA enclosing Sample Vaughn Index. (Attachments: # 1 Sample Vaughn Index, # 2 Document FOIA_0601800005062, # 3 Document FOIA_0601800007235)(VASSALLO, KRISTIN) (Entered: 12/02/2016)
2016-12-0639TEXT ORDER - The Court has reviewed the United States Environmental Protection Agency's letter dated 12/2/16. (ECF No. 38). Plaintiff shall submit a status letter on or before 1/6/17. So Ordered by Magistrate Judge Joseph A. Dickson on 12/6/16. (nm, ) (Entered: 12/06/2016)
2017-01-0640NOTICE of Appearance by ERIN PATRICIA LOUCKS on behalf of LOWER PASSAIC RIVER STUDY AREA COOPERATING PARTIES GROUP (LOUCKS, ERIN) (Entered: 01/06/2017)
2017-01-0641Letter from Plaintiff in response to Court's December 6, 2016 Order re 38 Letter, 39 Order,. (LOUCKS, ERIN) (Entered: 01/06/2017)
2017-01-1742Letter from the EPA. (VASSALLO, KRISTIN) (Entered: 01/17/2017)
2017-01-2643TEXT ORDER - The Court has reviewed the parties' recent letters. (ECF Nos. 41 and 42). The undersigned will conduct an in-person conference on 1/31/17 at 10:30 a.m. in Courtroom 2D of the MLK Building and U.S. Courthouse. So Ordered by Magistrate Judge Joseph A. Dickson on 1/26/17. (nm, ) (Entered: 01/27/2017)
2017-01-31Minute Entry for proceedings held before Magistrate Judge Joseph A. Dickson: Status Conference held on 1/31/2017. (CD #ECR.) (nm, ) (Entered: 01/31/2017)
2017-01-3144TEXT ORDER - On or before 2/15/17, the EPA shall electronically file a letter, of no more than 10 pages, regarding the propriety of discovery in this matter under the relevant law. Plaintiff shall file a response, of no more than 15 pages, on or before 3/1/17. The Court notes that it has afforded Plaintiff a higher page limit because it expects Plaintiff to provide an explanation of the specific discovery it believes will be necessary to properly argue a motion for summary judgment in this matter. So Ordered by Magistrate Judge Joseph A. Dickson on 1/31/17. (nm, ) (Entered: 01/31/2017)
2017-02-0745Transcript of Proceedings of a Status Conference held on 1/31/2017, before Judge Joseph A. Dickson. Court Reporter/Transcriber KLJ Transcription Services/Terry L. DeMarco (201-703-1670). NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 2/28/2017. Redacted Transcript Deadline set for 3/10/2017. Release of Transcript Restriction set for 5/8/2017. (Miller, S) (Entered: 02/07/2017)
2017-02-1546Letter from the EPA opposing CPG's request for discovery. (Attachments: # 1 Exhibit A: Transcript of January 31, 2017 conference)(VASSALLO, KRISTIN) (Entered: 02/15/2017)
2017-03-0147Letter from CPG Regarding Propriety of Discovery. (LOUCKS, ERIN) (Entered: 03/01/2017)
2017-03-0348Letter from the EPA, on behalf of all parties, requesting a stay of briefing on the current application so that the parties may explore potential resolution of issues in this litigation. (VASSALLO, KRISTIN) (Entered: 03/03/2017)
2017-03-0749TEXT ORDER: Further briefing on the current application is hereby stayed until 3/20/17; parties to submit a joint case status letter to the Court by4/7/17.. So Ordered by Magistrate Judge Joseph A. Dickson on 3/7/17. (nm, ) (Entered: 03/07/2017)
2017-04-0750Letter from EPA, on behalf of all parties, to provide the Court with a status update. (VASSALLO, KRISTIN) (Entered: 04/07/2017)
2017-04-1051ORDER granting parties request for an additional 4 weeks until 5/5/17 to discuss potential settlement. re 50 Letter. Signed by Magistrate Judge Joseph A. Dickson on 4/10/17. (cm, ) (Entered: 04/11/2017)
2017-05-0552Letter from the EPA providing a status update. (VASSALLO, KRISTIN) (Entered: 05/05/2017)
2017-05-0853ORDER granting all parties an additional (3) weeks until 5/26/17 to try and reach a settlement, etc. Signed by Magistrate Judge Joseph A. Dickson on 5/8/17. (cm, ) (Entered: 05/08/2017)
2017-05-2654Letter from the EPA providing a status update. (VASSALLO, KRISTIN) (Entered: 05/26/2017)
2017-05-3055ORDER granting Parties request for a three (3) week extension of time to complete its re-review of the second set of documents until 6/19/17, etc. Signed by Magistrate Judge Joseph A. Dickson on 5/30/17. (cm, ) (Entered: 05/31/2017)
2017-06-1656Letter from the Government, on behalf of all parties, advising the Court of a settlement in principle and asking for a stay to allow the parties to finalize resolution. (VASSALLO, KRISTIN) (Entered: 06/16/2017)
2017-06-1957TEXT ORDER: The stay in this matter is continued pending receipt of joint case status letter on or before 9/29/17.. So Ordered by Magistrate Judge Joseph A. Dickson on 6/19/17. (nm, ) (Entered: 06/19/2017)
2017-07-2158STIPULATION of Settlement and Dismissal by U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A: Declarations of Walter Mugdan and Eugenia Naranjo, # 2 Exhibit B: List of Documents for Discretionary Release in Full, # 3 Exhibit C: List of Documents for Discretionary Release with Redactions)(VASSALLO, KRISTIN) (Entered: 07/21/2017)
2017-07-21CLERK'S QUALITY CONTROL MESSAGE - The Stipulation submitted by K. Vassallo on 7/21/2017 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. ALSO The Declarations of Walter Mugdan and Eugenia Naranjo are missing signatures. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SIGNATURES. This submission will remain on the docket unless otherwise ordered by the court. (JB, ) (Entered: 07/23/2017)
2017-07-2159STIPULATION OF SETTLEMENT & DISMISSAL. Signed by Chief Judge Jose L. Linares on 7/21/17. (cm, ) (Entered: 07/24/2017)
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