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Case TitleCHELMOWSKI v. UNITED STATES ENVIRONMENT PROTECTION AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03177
Date Filed2022-10-14
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffJAMES CHELMOWSKI
Case DescriptionJames Chelmowski submitted FOIA requests to the EPA for records concerning himself. The agency acknowledged receipts of the requests but after hearing nothing further from the agency, Chelmowski filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES ENVIRONMENT PROTECTION AGENCY EPA
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-141COMPLAINT against UNITED STATES ENVIRONMENT PROTECTION AGENCY ( Filing fee $ 402, receipt number 203273) filed by JAMES CHELMOWSKI. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(zjm) (Entered: 10/20/2022)
2022-10-14SUMMONS Not Issued as to UNITED STATES ENVIRONMENT PROTECTION AGENCY (zjm) (Entered: 10/20/2022)
2022-10-242STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/24/2022. (lcrdm3) (Entered: 10/24/2022)
2022-10-27SUMMONS (3) Issued as to UNITED STATES ENVIRONMENT PROTECTION AGENCY, U.S. Attorney and U.S. Attorney General (zjm) (Entered: 10/27/2022)
2022-12-123RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/25/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 12/25/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/22/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES ENVIRONMENT PROTECTION AGENCY served on 11/21/2022 (zjm) (Entered: 12/15/2022)
2022-12-214NOTICE of Non-Service by UNITED STATES ENVIRONMENT PROTECTION AGENCY (Hudak, Brian) (Entered: 12/21/2022)
2023-01-115RESPONSE to Defendant's Notice of Non-Service and US Attorney Confirmation of Proof of Services re 4 Notice (Other) filed by JAMES CHELMOWSKI. (zjm) (Entered: 01/13/2023)
2023-01-116MOTION for CM/ECF Password by JAMES CHELMOWSKI. (zjm) (Entered: 01/13/2023)
2023-01-15MINUTE ORDER: Upon consideration of Plaintiff's motion for CM/ECF password, Dkt. 6 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 1/15/2023. (lcrdm1) (Entered: 01/15/2023)
2023-01-257MOTION for Extension of Time to Respond to Complaint by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 01/25/2023)
2023-01-25MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 7 , it is hereby ORDERED that (1) Defendant's deadline to respond to Plaintiff's complaint is STAYED pending further Order of the Court; and (2) Plaintiff shall respond to Defendant's motion for extension of time, Dkt. 7 , on or before February 1, 2023. Signed by Judge Randolph D. Moss on 1/25/2023. (lcrdm3) (Entered: 01/25/2023)
2023-01-258NOTICE of Errata by UNITED STATES ENVIRONMENT PROTECTION AGENCY re 7 Motion for Extension of Time to (Bardo, John) (Entered: 01/25/2023)
2023-02-019RESPONSE re 7 MOTION for Extension of Time to Respond to Complaint Opposition Due to Defendant's Decision to use False Statements in the Motion to Deceive the Court filed by JAMES CHELMOWSKI. (CHELMOWSKI, JAMES) (Entered: 02/01/2023)
2023-02-0210REPLY to opposition to motion re 7 MOTION for Extension of Time to filed by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Bardo, John) Modified on 2/3/2023 to correct docket link/ text (zjm). (Entered: 02/02/2023)
2023-02-02MINUTE ORDER: Upon consideration of Defendant's motion to enlarge the response deadline, Dkt. 7 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall respond to Plaintiff's complaint on or before March 1, 2023. Signed by Judge Randolph D. Moss on 2/2/2023. (lcrdm3) (Entered: 02/02/2023)
2023-03-0111ANSWER to 1 Complaint by UNITED STATES ENVIRONMENT PROTECTION AGENCY.(Bardo, John) (Entered: 03/01/2023)
2023-03-01MINUTE ORDER: It is ORDERED that, on or before March 28, 2023, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on April 4, 2023, at 11:15 a.m., via Zoom. Signed by Judge Randolph D. Moss on 3/1/2023.(lcrdm3) (Entered: 03/01/2023)
2023-03-2812STATUS REPORT by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Bardo, John) (Entered: 03/28/2023)
2023-03-2813STATUS REPORT PLAINTIFF'S STATUS REPORT COMPLYING WITH THE REQUIRED ITEMS IN MARCH 1, 2023 ORDER by JAMES CHELMOWSKI. (Attachments: # 1 Exhibit Declaration with Exhibits, # 2 Proposed Order)(CHELMOWSKI, JAMES) (Entered: 03/28/2023)
2023-04-04Minute Entry for proceedings held before Judge Randolph D. Moss: Scheduling Conference held on 4/4/2023 via Zoom. For the reasons stated on the record, EPA will conduct a search of records on or before June 5, 2023 and the parties shall file a Joint Status Report on or before 6/9/2023). (Court Reporter Jeff Hook) (zglw) (Entered: 04/04/2023)
2023-04-1214TRANSCRIPT OF SCHEDULING CONFERENCE (ZOOM) before Judge Randolph D. Moss held on April 4, 2023. Page Numbers: 1 - 17. Date of Issuance: April 12, 2023. 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 5/3/2023. Redacted Transcript Deadline set for 5/13/2023. Release of Transcript Restriction set for 7/11/2023.(Hook, Jeff) (Entered: 04/12/2023)
2023-06-0915Joint STATUS REPORT by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Bardo, John) (Entered: 06/09/2023)
2023-06-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that (1) Defendant produce any responsive, non-exempt records to Plaintiff on or before August 8, 2023; and (2) the parties shall file a further joint status report on or before August 25, 2023. Signed by Judge Randolph D. Moss on 6/9/2023. (lcrdm3) (Entered: 06/09/2023)
2023-08-2516Joint STATUS REPORT by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Bardo, John) (Entered: 08/25/2023)
2023-08-25MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 25, 2023. Signed by Judge Randolph D. Moss on 08/25/2023. (lcrdm3) (Entered: 08/25/2023)
2023-09-2517Joint STATUS REPORT by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Bardo, John) (Entered: 09/25/2023)
2023-09-27MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , the parties are hereby ORDERED to file a further joint status report on or before November 13, 2023. Plaintiff is advised to review the Court's requirement, described in subsection 10(a)(i) of the Court's standing order, Dkt. 2 at 4, that he seek a premotion conference and the parties file premotion statements before proceeding to summary judgement should he wish to do so. Signed by Judge Randolph D. Moss on 09/27/2023. (lcrdm3) (Entered: 09/27/2023)
2023-11-1318Joint STATUS REPORT by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Bardo, John) (Entered: 11/13/2023)
2023-11-16MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that: (1) Plaintiff shall file his pre-motion notice on or before November 30, 2023; (2) Defendant shall file its pre-motion notice on or before December 13, 2023; (3) the parties shall appear for a pre-motion conference on December 18, 2023, at 3:00 p.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 11/16/2023. (lcrdm3) (Entered: 11/16/2023)
2023-11-3019ENTERED IN ERROR.....NOTICE for Pre-Motion Conference and Proposed Briefing Schedule by JAMES CHELMOWSKI (CHELMOWSKI, JAMES) Modified on 12/1/2023 (zjm). (Entered: 11/30/2023)
2023-12-01NOTICE OF ERROR regarding 19 Notice (Other). The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zjm) (Entered: 12/01/2023)
2023-12-0120NOTICE PRO SE PLAINTIFFS NOTICE FOR PRE-MOTION CONFERENCE AND PROPOSED BRIEFING SCHEDULE RESUBMITTED by JAMES CHELMOWSKI (Attachments: # 1 Proposed Order)(CHELMOWSKI, JAMES) (Entered: 12/01/2023)
2023-12-04MINUTE ORDER: Upon consideration of Plaintiff's notice for pre-motion conference and proposed briefing schedule, Dkt. 20 , the Court notes that the parties are free to address questions of scheduling at the pre-motion conference scheduled for December 18, 2023, at 3:00 p.m., in Courtroom 8, and further notes that there is no need to move that conference. Signed by Judge Randolph D. Moss on 12/4/2023. (lcrdm3) (Entered: 12/04/2023)
2023-12-1221NOTICE Requesting a Pre-Motion Conference by UNITED STATES ENVIRONMENT PROTECTION AGENCY (Bardo, John) (Entered: 12/12/2023)
2023-12-1322Consent MOTION for Leave to Appear by Telephone or by Video by JAMES CHELMOWSKI. (Attachments: # 1 Proposed Order)(CHELMOWSKI, JAMES) (Entered: 12/13/2023)
2023-12-14MINUTE ORDER: Upon consideration of Plaintiff's consent motion to appear remotely, Dkt. 22 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the pre-motion conferenced currently scheduled for December 18, 2023, at 3:00 p.m., shall proceed via Zoom. Signed by Judge Randolph D. Moss on 12/14/2023. (lcrdm3) (Entered: 12/14/2023)
2023-12-18Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-motion Conference held on 12/18/2023. Defendant's Motions for Summary Judgment to be filed on or before 3/1/2024; Plaintiff's opposition and cross motion to be filed on or before 5/3/2024; Defendant's reply and oppositions to be filed on or before 6/7/2024; Plaintiff's final reply due on or before 7/9/2024. (Court Reporter Tammi Sefranek) (zglw) (Entered: 12/19/2023)
2024-02-2223Consent MOTION for Extension of Time to Complete Summary Judgment Briefing by UNITED STATES ENVIRONMENT PROTECTION AGENCY. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 02/22/2024)
2024-02-25MINUTE ORDER: Upon consideration of Defendant's consent motion to enlarge summary judgment briefing schedule, Dkt. 23 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that: (1) Defendant's motion for summary judgment shall be filed on or before March 15, 2024; (2) Plaintiff's opposition and cross motion shall be filed on or before May 17, 2024; (3) Defendant's reply and opposition shall be filed on or before June 21, 2024; and (4) Plaintiff's final reply shall be filed on or before July 23, 2024. Signed by Judge Randolph D. Moss on 2/25/2024. (lcrdm3) (Entered: 02/25/2024)
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