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Case TitleHALL & ASSOCIATES v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00330
Date Filed2019-02-08
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffHALL & ASSOCIATES
Case DescriptionHall & Associates submitted a FOIA request to the EPA for records concerning the agency's decision not to apply an Eighth Circuit decision on the Clean Water Act nationally. In a previous decision, another district court judge in the D.C. Circuit had ruled that the agency had made a final decision not to apply the Eighth Circuit decision nationally in 2013 and that records after that were not protected by the deliberative process privilege. Based on that ruling, Hall & Associates resubmitted its 2013 request. The agency denied the request, citing Exemption 5 (privileges). It also assessed Hall & Associates $1,400 in fees for search and review time. Hall & Associates filed an administrative appeal. The agency upheld its original denial but relied only on the attorney work-product privilege. Hall & Associates submitted several other FOIA requests to EPA on related issues. The agency acknowledged receipt of those requests, provided more than a thousand pages with information withheld or redacted, and charged Hall & Associates $1,064 for search and review costs. Hall & Associates filed an administrative appeal of that partial denial but after hearing nothing further from the agency on any of its requests, Hall & Associates filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Commercial, Litigation - Attorney's fees

DefendantUNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-081COMPLAINT against UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 400 receipt number 0090-5937424) filed by HALL & ASSOCIATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit)(Hall, John) (Entered: 02/08/2019)
2019-02-08Case Assigned to Judge Royce C. Lamberth. (zef, ) (Entered: 02/08/2019)
2019-02-082SUMMONS (3) Issued Electronically as to UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/08/2019)
2019-02-263NOTICE OF RELATED CASE by HALL & ASSOCIATES. Case related to Case No. 18-1749. (Hall, John) (Entered: 02/26/2019)
2019-02-264MOTION to Consolidate Cases by HALL & ASSOCIATES (Hall, John) (Entered: 02/26/2019)
2019-03-075NOTICE of Appearance by Johnny Hillary Walker, III on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Walker, Johnny) (Entered: 03/07/2019)
2019-03-196Memorandum in opposition to re 4 MOTION to Consolidate Cases filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit A)(Walker, Johnny) (Entered: 03/19/2019)
2019-04-037MOTION for Extension of Time to File Answer by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/03/2019)
2019-04-118Case directly reassigned to Judge Randolph D. Moss by consent. Judge Royce C. Lamberth is no longer assigned to the case. (ztnr) (Entered: 04/11/2019)
2019-04-12MINUTE ORDER: Upon consideration of Defendant's motion for extension of time 7 , it is hereby ORDERED that the motion is GRANTED. Defendant shall answer or otherwise respond on or before May 2, 2019. Signed by Judge Randolph D. Moss on 4/12/2019. (lcrdm3, ) (Entered: 04/12/2019)
2019-04-12Set/Reset Deadlines: Answer due by 5/2/2019. (dot) (Entered: 04/12/2019)
2019-04-20MINUTE ORDER: In light of the motions hearing scheduled in the related case, Hall & Associates v. EPA, Civil Action No. 18-1749, concerning the pending motion to consolidate 4 , it is hereby ORDERED that the parties shall appear for the motions hearing on April 25, 2019, at 2:00 p.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 4/20/2019. (lcrdm3, ) (Entered: 04/20/2019)
2019-04-22Set/Reset Hearings: Motion Hearing set for 4/25/2019, at 2:00 PM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 04/22/2019)
2019-04-25Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 4/25/2019. For the reasons stated on the record, the 4 MOTION to Consolidate Cases is DENIED. (Court Reporter: Jeff Hook) (kh) (Entered: 04/25/2019)
2019-05-029ANSWER to Complaint by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.(Walker, Johnny) (Entered: 05/02/2019)
2019-05-06MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on June 11, 2019, at 10:45 a.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 5/6/2019. (lcrdm3, ) (Entered: 05/06/2019)
2019-05-06Set/Reset Hearings: Initial Scheduling Conference set for 6/11/2019, at 10:45 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 05/06/2019)
2019-05-1410MOTION Deem Certain Complaint Allegations Admitted by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 05/14/2019)
2019-05-1511MOTION to Align Schedules of 18-1749 and 19-330 to Resolve Common Rule 8 Issues by HALL & ASSOCIATES (Hall, John) (Entered: 05/15/2019)
2019-05-2112MOTION for Extension of Time to File Response/Reply as to 10 MOTION Deem Certain Complaint Allegations Admitted , 11 MOTION to Align Schedules of 18-1749 and 19-330 to Resolve Common Rule 8 Issues by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Walker, Johnny) (Entered: 05/21/2019)
2019-05-21MINUTE ORDER: Upon consideration of Plaintiff's motion to align schedules 11 and Defendant's motion for extension of time 12 , it is hereby ORDERED that Plaintiff's motion 11 is GRANTED in part and DENIED in part and Defendants' motion 12 is GRANTED. In light of Plaintiff's pending Rule 8 motion 10 , it is hereby ORDERED that the status conference set for June 11, 2019 and the existing summary judgment briefing schedule are VACATED. It is further ORDERED that Defendants shall respond to Plaintiff's Rule 8 motion 10 on or before June 21, 2019. The Court will set a new summary judgment briefing schedule after the Rule 8 motion is resolved. Signed by Judge Randolph D. Moss on 5/21/2019. (lcrdm3, ) (Entered: 05/21/2019)
2019-05-21Set/Reset Deadlines: Defendants shall respond to Plaintiff's Rule 8 motion 10 on or before 6/21/2019. (kt) (Entered: 05/21/2019)
2019-06-1813TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on April 25, 2019. Page Numbers: 1 - 19. Date of Issuance: June 18, 2019. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/9/2019. Redacted Transcript Deadline set for 7/19/2019. Release of Transcript Restriction set for 9/16/2019.(Hook, Jeff) (Entered: 06/18/2019)
2019-06-2114Memorandum in opposition to re 10 MOTION Deem Certain Complaint Allegations Admitted filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 06/21/2019)
2019-06-2715REPLY to opposition to motion re 10 MOTION Deem Certain Complaint Allegations Admitted filed by HALL & ASSOCIATES. (Hall, John) (Entered: 06/27/2019)
2019-11-1516NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 11/15/2019)
2020-01-09MINUTE ORDER: In light of the Plaintiff's motion to deem admitted 10 , it is hereby ORDERED that the parties shall appear for a hearing on the motion on February 14, 2020 at 11:15 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 1/9/20. (lcrdm3, ) (Entered: 01/09/2020)
2020-01-1317NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/13/2020)
2020-02-13MINUTE ORDER: The Court has reviewed each of the many allegations and responses at stake and has concluded that many of the allegations at issue involve characterizations of legal opinions, regulations, and documents attached to and incorporated into the complaint such that the interests of justice would not be served by treating certain of Plaintiff's allegations as admitted. The Court must decide for itself, for example, how to interpret legal opinions, regulations, and similar legal documents. Similarly, where a plaintiff attaches a document to a complaint, that document is incorporated in the complaint, and the Court ought not treat the plaintiff's characterization of that document as controlling, over the text of the actual document incorporated in the complaint. And, the actual administrative record controls over plaintiff's characterization of what it says. There are, however, occasions on which Defendant fails to admit or deny certain factual allegations requiring a response. Accordingly, it is hereby ORDERED that the following paragraphs in the complaint are deemed admitted in full: 31, 32, 43, 47, 49. It is further ORDERED that the following paragraphs in the complaint are deemed admitted in part: 14 (admitted with respect to personal jurisdiction because personal jurisdiction is waived if not preserved), 17 (admitted that the EPA is in possession and/or control of the records requested), 29 (admitted subject to the limitation and denial provided in the final sentence of Defendant's response), 44 (admit that an email between the named individuals was sent on the specified date), 54 (admit except with respect to the allegation that "the November 26, 2013 email contained an OECA office-wide understanding," which is properly denied). In light of the Court's minute order, it is further ORDERED that the motion hearing scheduled for February 14, 2020 be converted into a scheduling conference to discuss a schedule for further proceedings. Signed by Judge Randolph D. Moss on 2/13/2020. (lcrdm3, ) Modified on 2/14/2020 to correct paragraph reference from "56" to "54" as stated on the record in open Court 2/14/2020. (kt). (Entered: 02/13/2020)
2020-02-14Set/Reset Hearings: Motion hearing CONVERTED to a Scheduling Conference set for 2/14/2020, at 11:15 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 02/14/2020)
2020-02-14MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 2/14/20. (lcrdm3, ) (Entered: 02/14/2020)
2020-02-14Minute Entry for proceedings held before Judge Randolph D. Moss: Scheduling Conference held on 2/14/2020. The parties shall meet and confer, and file a Joint Status Report by 3/16/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 02/14/2020)
2020-03-1618STATUS REPORT by HALL & ASSOCIATES. (Attachments: # 1 Exhibit 1)(Hall, John) (Entered: 03/16/2020)
2020-03-1619MOTION for Further Judicial Action by HALL & ASSOCIATES (Attachments: # 1 Exhibit 1)(Hall, John) (Entered: 03/16/2020)
2020-03-1620STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 03/16/2020)
2020-03-1621RESPONSE re 19 MOTION for Further Judicial Action filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 03/16/2020)
2020-03-18MINUTE ORDER: In light of the parties' status reports, Dkt. 18 , 20 , and upon consideration of the plaintiff's motion for judicial action, Dkt. 19 , it is hereby ORDERED that the motion is DENIED. The grievances raised by the Plaintiff in the motion are properly raised at summary judgment. The parties are further ORDERED to file a joint status report on or before April 14, 2020. Signed by Judge Randolph D. Moss on 3/18/20. (lcrdm3, ) (Entered: 03/18/2020)
2020-04-1422Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 04/14/2020)
2020-04-15MINUTE ORDER: In light of the parties' joint status report 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 18, 2020. Signed by Judge Randolph D. Moss on 4/15/20. (lcrdm3, ) (Entered: 04/15/2020)
2020-06-1823Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 06/18/2020)
2020-06-22MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 26, 2020. Signed by Judge Randolph D. Moss on 6/22/2020. (lcrdm1) (Entered: 06/22/2020)
2020-08-2624Joint STATUS REPORT by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 08/26/2020)
2020-08-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 8, 2020. Signed by Judge Randolph D. Moss on 08/26/2020. (lcrdm1) (Entered: 08/26/2020)
2020-10-0725Unopposed MOTION for Extension of Time to File Joint Status Report by HALL & ASSOCIATES (Hall, John) (Entered: 10/07/2020)
2020-10-09MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for an extension of time to file a joint status report, Dkt. 25 , it is hereby ORDERED that the motion is GRANTED. Parties shall file a joint status report on or before October 15, 2020. Signed by Judge Randolph D. Moss on 10/09/2020. (lcrdm1) (Entered: 10/09/2020)
2020-10-1526Joint STATUS REPORT by HALL & ASSOCIATES. (Hall, John) (Entered: 10/15/2020)
2020-10-16MINUTE ORDER: Upon consideration of Parties' joint status report, Dkt. 26 , it is hereby ORDERED that EPA provide Plaintiff with a declaration and Vaughn index on or before December 16, 2020. It is further ORDERED that, following EPA's filing, Parties shall meet and confer to determine if they can resolve their dispute with respect to EPA's withholdings. Parties are ORDERED to submit their pre-motion conference statements on or before January 4, 2021, and they are further ORDERED to appear for a telephonic pre-motion conference on January 11, 2021 at 9:00 a.m. Parties may contact the Deputy Clerk of Court for a teleconference number and access code. Signed by Judge Randolph D. Moss on 10/16/2020. (lcrdm1) (Entered: 10/16/2020)
2020-10-16MINUTE ORDER: It is hereby ORDERED that the pre-motion hearing scheduled for January 11, 2021 is VACATED and RESCHEDULED for 9:00 a.m. on January 15, 2021. Parties may contact the Deputy Clerk for a teleconference number and access code. Signed by Judge Randolph D. Moss on 10/16/2020. (lcrdm1) Modified on 10/22/2020 to correct the rescheduled date of the hearing(kt). (Entered: 10/16/2020)
2020-12-1227MOTION for Extension of Time to Submit a Draft Declaration and Vaughn Index by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Walker, Johnny) (Entered: 12/12/2020)
2020-12-14MINUTE ORDER: Upon consideration of Defendant's motion for an extension of time, Dkt. 27 , it is hereby ORDERED that Plaintiff shall file a response, if any, on or before end of day, December 15, 2020. Signed by Judge Randolph D. Moss on 12/14/2020. (lcrdm1) (Entered: 12/14/2020)
2020-12-1428RESPONSE re 27 MOTION for Extension of Time to Submit a Draft Declaration and Vaughn Index filed by HALL & ASSOCIATES. (Hall, John) (Entered: 12/14/2020)
2020-12-14MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 27 , and Plaintiff's response, Dkt. 28 , it is hereby ORDERED that the motion is GRANTED. Defendant is ORDERED to file a draft declaration and Vaughn index on or before December 22, 2020. It is further ORDERED, in light of this extension and to relieve counsel of any corresponding burden, that pre-motion conference statements shall now be due on or before January 7, 2021. Signed by Judge Randolph D. Moss on 12/14/2020. (lcrdm1) (Entered: 12/14/2020)
2020-12-2229NOTICE of Filing Draft Declarations and Vaughn Indexes by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Declaration of Chris Kloss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Declaration of Mark Pollins, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20)(Walker, Johnny) (Entered: 12/23/2020)
2021-01-0730NOTICE of Filing Pre-Motion Conference Statement by HALL & ASSOCIATES. (Attachments: # 1 Exhibit)(Hall, John) Modified on 1/8/2021 (znmw). (Entered: 01/07/2021)
2021-01-0731MOTION for Discovery by HALL & ASSOCIATES (Attachments: # 1 Declaration of John C. Hall, # 2 Exhibit, # 3 Text of Proposed Order)(Hall, John) (Entered: 01/07/2021)
2021-01-0732NOTICE of Filing Defendant's Pre-Motion Conference Statement by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Walker, Johnny) (Entered: 01/07/2021)
2021-01-15Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 1/15/2021. Plaintiff's list of specific factual omissions by Defendant that would form the basis for opposing the Defendant's anticipated motion for summary judgment is due by 1/27/2021; Defendant's Summary Judgment Motion and Vaughn Index due by 3/12/2021; Plaintiff's Response to Motion for Summary Judgment and Cross Motion due by 4/12/2021; Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion due by 5/10/2021; Plaintiff's Reply to Cross Motions due by 6/14/2021. (Court Reporter: Jeff Hook.) (kt) (Entered: 01/15/2021)
2021-01-15MINUTE ORDER: It is hereby ORDERED that Plaintiff's motion for discovery, Dkt. 31 , is DENIED without prejudice. At the pre-motions conference on January 15, 2021, the Court outlined a process in which Plaintiff can renew a motion for discovery at a later time, if appropriate. Signed by Judge Randolph D. Moss on 01/15/2021. (lcrdm1) (Entered: 01/15/2021)
2021-01-1533NOTICE of Appearance by Erin E. Thomas on behalf of HALL & ASSOCIATES (Thomas, Erin) (Entered: 01/15/2021)
2021-01-2234Unopposed MOTION to Amend/Correct the Briefing Schedule by HALL & ASSOCIATES. (Hall, John) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion to amend the briefing schedule, Dkt. 34 , it is hereby ORDERED that the motion is GRANTED. Plaintiff's motion for summary judgment shall be filed on or before February 26, 2021. Defendant's response and cross-motion shall be filed on or before April 27, 2021. Plaintiff's response and reply shall be filed on or before May 27, 2021. Defendant's reply to cross motion shall be filed on or before June 26, 2021. Signed by Judge Randolph D. Moss on 01/22/2021. (lcrdm1) (Entered: 01/22/2021)
2021-01-2735TRANSCRIPT OF TELEPHONIC PRE-MOTION CONFERENCE before Judge Randolph D. Moss held on January 15, 2021. Page Numbers: 1 - 42. Date of Issuance: January 27, 2021. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/17/2021. Redacted Transcript Deadline set for 2/27/2021. Release of Transcript Restriction set for 4/27/2021.(Hook, Jeff) (Entered: 01/27/2021)
2021-02-2436MOTION for Summary Judgment by HALL & ASSOCIATES. (Attachments: # 1 Memorandum in Support, # 2 Exhibits, # 3 Statement of Facts, # 4 Text of Proposed Order)(Hall, John) (Entered: 02/24/2021)
2021-04-2337Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 04/23/2021)
2021-04-23MINUTE ORDER: Upon consideration of Defendant's unopposed motion for extension of time, Dkt. 37 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its response and cross-motion on or before May 18, 2021. Plaintiff shall file its response and reply on or before June 17, 2021. Finally, Defendant shall file its reply to the cross-motion on or before July 16, 2021. Signed by Judge Randolph D. Moss on 04/23/2021. (lcrdm1) (Entered: 04/23/2021)
2021-05-1838MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Christopher Kloss (with exhibits), # 4 Declaration of Mark Pollins (with exhibits), # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 05/19/2021)
2021-05-1839Memorandum in opposition to re 36 MOTION for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Statement of Facts, # 3 Declaration of Christopher Kloss (with exhibits), # 4 Declaration of Mark Pollins (with exhibits), # 5 Text of Proposed Order)(Walker, Johnny) (Entered: 05/19/2021)
2021-05-1940ERRATA by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY re 39 Memorandum in Opposition, filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 38 MOTION for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Declaration of Mark Pollins (with exhibits))(Walker, Johnny) (Entered: 05/19/2021)
2021-06-0441Unopposed MOTION for Extension of Time to File Response/Reply by HALL & ASSOCIATES. (Hall, John) (Entered: 06/04/2021)
2021-06-09MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for a 30-day extension to file an opposition and reply, Dkt. 41 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file its opposition and reply on or before July 16, 2021. Defendant shall file its reply in support of its cross-motion on or before August 16, 2021. Signed by Judge Randolph D. Moss on 06/09/2021. (lcrdm1) (Entered: 06/09/2021)
2021-07-0842Memorandum in opposition to re 38 MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit)(Hall, John) (Entered: 07/08/2021)
2021-07-0843REPLY to opposition to motion re 36 MOTION for Summary Judgment filed by HALL & ASSOCIATES. (Attachments: # 1 Exhibit)(Hall, John) (Entered: 07/08/2021)
2021-08-1244Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 08/12/2021)
2021-08-12MINUTE ORDER: Upon consideration of Defendant's unopposed motion for an extension of time to file a reply, Dkt. 44 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply in support of its cross motion for summary judgment on or before September 15, 2021. Signed by Judge Randolph D. Moss on 08/12/21. (lcrdm1) (Entered: 08/12/2021)
2021-09-1345Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/13/2021)
2021-09-13MINUTE ORDER: Upon consideration of Defendant's unopposed motion for an extension of time, Dkt. 45 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its reply brief in support of its motion for summary judgment on or before September 29, 2021. Signed by Judge Randolph D. Moss on 09/13/2021. (lcrdm1) (Entered: 09/13/2021)
2021-09-2846Unopposed MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Walker, Johnny) (Entered: 09/28/2021)
2021-09-30MINUTE ORDER: Upon consideration of Defendant's unopposed motion for an extension of time, Dkt. 46 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file a reply in support of its cross-motion for summary judgment on or before October 11, 2021. Signed by Judge Randolph D. Moss on 09/30/2021. (lcrdm1) (Entered: 09/30/2021)
2021-10-1147REPLY to opposition to motion re 38 MOTION for Summary Judgment filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 10/11/2021)
2021-10-1848MOTION for Leave to File Surreply by HALL & ASSOCIATES. (Attachments: # 1 Proposed Surreply)(Hall, John) (Entered: 10/18/2021)
2021-11-0149Memorandum in opposition to re 48 MOTION for Leave to File Surreply filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Walker, Johnny) (Entered: 11/01/2021)
2021-11-0550REPLY to opposition to motion re 48 MOTION for Leave to File Surreply filed by HALL & ASSOCIATES. (Hall, John) (Entered: 11/05/2021)
2021-11-1551NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy S. Simon on behalf of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Substituting for attorney Johnny H. Walker, III (Simon, Jeremy) (Entered: 11/15/2021)
2022-01-2052NOTICE OF SUPPLEMENTAL AUTHORITY by HALL & ASSOCIATES (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/20/2022)
2022-01-2053MOTION for Order to Show Cause by HALL & ASSOCIATES. (Attachments: # 1 Exhibit)(Hall, John) (Entered: 01/20/2022)
2022-01-21MINUTE ORDER: Plaintiff has filed a motion for an order to show cause, Dkt. 53 , in light of the Eighth Circuit's recent decision in Iowa League of Cities v. EPA , No. 11-3412 (8th Cir. Dec. 22, 2021). Because Plaintiff's motion argues that the Eighth Circuit's decision impacts several of its arguments in support of summary judgment in the present FOIA action, the Court construes Plaintiff's motion as a motion for supplemental briefing on summary judgment, which the Court will GRANT. It is hereby ORDERED that the parties shall adhere to the following briefing schedule: Defendant shall file its response on or before February 4, 2022. Plaintiff shall file its reply on or before February 11, 2022. Signed by Judge Randolph D. Moss on 1/21/2022. (lcrdm1) (Entered: 01/21/2022)
2022-02-0154Unopposed MOTION for Extension of Time to File Response to Supplemental Submission by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/01/2022)
2022-02-02MINUTE ORDER: Upon consideration of Defendant's unopposed motion for an extension of time, Dkt. 54 , it is hereby ORDERED that the motion is GRANTED. The parties shall adhere to the following briefing schedule: Defendant shall file its opposition on or before February 25, 2022. Plaintiff shall file its reply on or before March 11, 2022. Signed by Judge Randolph D. Moss on 2/2/2022. (lcrdm1) (Entered: 02/02/2022)
2022-02-2255Unopposed MOTION for Extension of Time to File Response to Plaintiff's Supplemetal Submission by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/22/2022)
2022-02-25MINUTE ORDER: Upon consideration of Defendant's unopposed motion for an extension of time, Dkt. 55 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its response to Plaintiff's supplemental submission on or before March 4, 2022. Signed by Judge Randolph D. Moss on 2/25/2022. (lcrdm1) (Entered: 02/25/2022)
2022-03-0456RESPONSE re 52 and 53 to Plaintiff's Supplemental Submission (ECF No. 52 and 53) filed by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. (Simon, Jeremy) Modified to add links on 3/7/2022 (znmw). (Entered: 03/04/2022)
2022-03-1057REPLY re 56 Response to Document Plaintiff's Supplemental Submission filed by HALL & ASSOCIATES. (Hall, John) (Entered: 03/10/2022)
2022-09-2758MEMORANDUM OPINION AND ORDER: For the reasons provided herein, it is hereby ORDERED that Plaintiff's motion for summary judgment, Dkt. 36 , is GRANTED in part and DENIED in part, and that Defendant's cross-motion for summary judgment, Dkt. 38 , is GRANTED in part and DENIED in part. It is further ORDERED that Plaintiff's motion for leave to file a surreply, Dkt. 48 , is DENIED. It is further ORDERED that Defendant shall release any portion of Document ED_001856_ 00003769 that is dated after the signing of the PVSC Administrative Order on Consent. And it is further ORDERED that, on or before October 11, 2022, Defendant shall submit unredacted copies of the documents detailed in the attached opinion to the Court for ex parte , in camera review. See document for details. Signed by Judge Randolph D. Moss on 09/27/2022. (lcrdm1) (Entered: 09/27/2022)
2022-10-1159NOTICE of Compliance with Court Order for In Camera Submission by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Simon, Jeremy) (Entered: 10/11/2022)
2022-12-0760NOTICE of Compliance with September 27, 2022 Order re: Document ED_001856_ 00003769 by UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (Simon, Jeremy) (Entered: 12/07/2022)
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