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Case TitleSierra Club v. United States Environmental Protection Agency
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv02592
Date Filed2018-05-02
Date Closed2018-11-30
JudgeMagistrate Judge Laurel Beeler
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted two FOIA requests to the EPA for records concerning the participation of Susan Bodine and Michael Dourson in agency policymaking after they were nominated for senior positions at the agency but before they were confirmed. The Sierra Club also requested a fee waiver. The agency acknowledged receipt of the requests and granted the Sierra Club's request for a fee waiver for its request about Susan Bodine. The agency told the Sierra Club that fees would not be incurred for its request for records about Dourson. After hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
United States Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 1101A
Washington, DC 20460
DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-021COMPLAINT against United States Environmental Protection Agency ( Filing fee $ 400, receipt number 0971-12320833.). Filed bySierra Club. (Attachments: # 1 Civil Cover Sheet)(Narayan, Sanjay) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-022Proposed Summons. (Narayan, Sanjay) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-023Certificate of Interested Entities by Sierra Club identifying Corporate Parent Sierra Club for Sierra Club. (Narayan, Sanjay) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-024Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/16/2018. (jlmS, COURT STAFF) (Filed on 5/2/2018) (Entered: 05/02/2018)
2018-05-045Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/26/2018. Initial Case Management Conference set for 8/2/2018 11:00 AM in San Francisco, Courtroom C, 15th Floor. (fabS, COURT STAFF) (Filed on 5/4/2018) (Entered: 05/04/2018)
2018-05-046Summons Issued as to United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 5/4/2018) (Entered: 05/04/2018)
2018-05-097CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Narayan, Sanjay) (Filed on 5/9/2018) (Entered: 05/09/2018)
2018-05-168SUMMONS Returned Executed (FOIA) by Sierra Club. United States Environmental Protection Agency served on 5/9/2018, answer due 6/8/2018. (Narayan, Sanjay) (Filed on 5/16/2018) (Entered: 05/16/2018)
2018-06-069ANSWER to Complaint byUnited States Environmental Protection Agency. (Johann, Pamela) (Filed on 6/6/2018) (Entered: 06/06/2018)
2018-06-0710CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 6/21/2018 . (ejkS, COURT STAFF) (Filed on 6/7/2018) (Entered: 06/07/2018)
2018-06-2111CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Environmental Protection Agency.. (Johann, Pamela) (Filed on 6/21/2018) (Entered: 06/21/2018)
2018-07-1112STIPULATION WITH PROPOSED ORDER Continuing CMC filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration)(Johann, Pamela) (Filed on 7/11/2018) (Entered: 07/11/2018)
2018-07-1213Order by Magistrate Judge Laurel Beeler granting 12 Stipulation to Continue Case Management Conference and Exempt Parties from Rule 26 Requirements. Initial Case Management Conference previously set for 8/2/2018 is reset to 9/20/2018 at 11:00 AM in San Francisco, Courtroom C, 15th Floor. Case Management Statement due by 9/13/2018. (ejkS, COURT STAFF) (Filed on 7/12/2018) (Entered: 07/12/2018)
2018-08-1314STIPULATION WITH PROPOSED ORDER filed by United States Environmental Protection Agency. (Attachments: # 1 Declaration)(Johann, Pamela) (Filed on 8/13/2018) (Entered: 08/13/2018)
2018-08-1415ORDER by Magistrate Judge Laurel Beeler granting 14 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 10/25/2018. Initial Case Management Conference set for 11/1/2018 11:00 AM in San Francisco, Courtroom C, 15th Floor. (tlhS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)
2018-09-1116STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club. (Attachments: # 1 Declaration)(Narayan, Sanjay) (Filed on 9/11/2018) (Entered: 09/11/2018)
2018-09-1217Order by Magistrate Judge Laurel Beeler granting 16 Stipulation Continuing Case Management Conference. Initial Case Management Conference previously set for 11/1/2018 is reset for 12/6/2018 at 11:00 AM in San Francisco, Courtroom C, 15th Floor. Case Management Statement due by 11/29/2018. (ejkS, COURT STAFF) (Filed on 9/12/2018) (Entered: 09/12/2018)
2018-11-1618ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-1919ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Narayan, Sanjay) (Filed on 11/19/2018) (Entered: 11/19/2018)
2018-11-1920ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johann, Pamela) (Filed on 11/19/2018) (Entered: 11/19/2018)
2018-11-2721CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 12/6/2018 is advanced from 11:00 AM to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 11/27/2018) (Entered: 11/27/2018)
2018-11-2922STATUS REPORT and Request to Vacate Case Management Conference by United States Environmental Protection Agency. (Johann, Pamela) (Filed on 11/29/2018) (Entered: 11/29/2018)
2018-11-2923CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the notice of settlement, the court continues the initial CMC from 12/6/2018 to 1/10/2019 at 11:00 AM to avoid losing track of the case, and directs the filing of a stipulated dismissal or a short update by 1/3/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 11/29/2018) (Entered: 11/29/2018)
2018-11-3024NOTICE of Voluntary Dismissal of FOIA Claims Except Attorney's Fees and [Proposed] Order by United States Environmental Protection Agency (Johann, Pamela) (Filed on 11/30/2018) (Entered: 11/30/2018)
2018-11-3025ORDER re 24 Notice of Voluntary Dismissal with Prejudice of FOIA Claims Except Attorney's Fees. Signed by Judge Laurel Beeler on 11/30/2018. (ejkS, COURT STAFF) (Filed on 11/30/2018) (Entered: 11/30/2018)
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