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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2008cv06234
Date Filed2008-07-10
Date Closed2008-09-22
JudgeJudge Victor Marrero
PlaintiffNatural Resources Defense Council, Inc.
DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2008-07-101COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 350.00, Receipt Number 656291)Document filed by Natural Resources Defense Council, Inc..(mbe) (Entered: 07/14/2008)
2008-07-10SUMMONS ISSUED as to United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General. (mbe) (Entered: 07/14/2008)
2008-07-10Magistrate Judge Debra C. Freeman is so designated. (mbe) (Entered: 07/14/2008)
2008-07-10Case Designated ECF. (mbe) (Entered: 07/14/2008)
2008-07-102RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(mbe) (Entered: 07/14/2008)
2008-07-223AFFIDAVIT OF SERVICE. United States Environmental Protection Agency served on 7/10/2008, answer due 7/30/2008. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Scanned proof of service receipts returned by defendants)(Marks, Nancy) (Entered: 07/22/2008)
2008-07-254ORDER ADMITTING ATTORNEY PRO HAC VICE ON WRITTEN MOTION: attorney Selena K. Kyle is admitted to practice pro hac vice as counsel for Plaintiff Natural Resources Defense Council, Inc. (Signed by Judge Victor Marrero on 7/24/2008) (tve) (Entered: 07/25/2008)
2008-07-25Transmission to Attorney Admissions Clerk. Transmitted re: 4 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) (Entered: 07/25/2008)
2008-07-255MOTION for Selena K. Kyle to Appear Pro Hac Vice. Document filed by Natural Resources Defense Council, Inc.(dle) (Entered: 07/28/2008)
2008-07-29CASHIERS OFFICE REMARK on 4 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 07/25/2008, Receipt Number 657699. (jd) (Entered: 07/29/2008)
2008-08-076ENDORSED LETTER addressed to Judge Victor Marrero from Jean-David Barnea dated 8/7/2008 re: Requesting a three week extension of time, from the current deadline of August 11, 2008 to September 2, 2008, to answer or otherwise respond to the complaint in this action. ENDORSEMENT: Request GRANTED. The time for defendant to answer or otherwise move with respect to the complaint in this action is extended to 9/2/2008. (Signed by Judge Victor Marrero on 8/7/2008) (jpo) (Entered: 08/08/2008)
2008-08-127NOTICE OF APPEARANCE by Selena K. Kyle on behalf of Natural Resources Defense Council, Inc. (Kyle, Selena) (Entered: 08/12/2008)
2008-08-288ENDORSED LETTER addressed to Judge Victor Marrero from Jean-David Barnea dated 8/28/08 re: the parties jointly request a three-week extension of time for defendant to answer or otherwise respond to the complaint in this Freedom of Information act action.. ENDORSEMENT: Requests GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 9/23/08. (Signed by Judge Victor Marrero on 8/28/08) (pl) (Entered: 08/28/2008)
2008-09-229CONDITIONAL ORDER OF DISCONTINUANCE: It is hereby Ordered that this action be conditionally discontinued without prejudice and without costs; provided, however, that within 60 days of the date of this Order, the parties may submit to the Court their own Stipulation of Dismissal, including resolution of any application for attorney's fees, for the Court to So Order. Otherwise, within such time counsel for plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the settlement is not consummated. Upon such notification, the defendant shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within thirty days of the plaintiff's application for reinstatement, to schedule remaining pre-trial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event plaintiff has not requested restoration of the case to the active calendar within such period of time. Any further conferences with the Court and pretrial submissions scheduled in this action are canceled but shall be rescheduled as set forth above in the event plaintiff notifies the Court that the parties' settlement was not effectuated and that any such conference or submission is necessary to resume pretrial proceedings herein. The Clerk of Court is directed to close this case. (Signed by Judge Victor Marrero on 9/22/2008) (jfe) (Entered: 09/22/2008)
2008-10-0910STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NRDC having received documents responsive to the Freedom of Information Act ("FOIA") request that is the subject of this litigation, and having received EPA's agreement to pay NRDC the sum of $3.000.00 for its attorneys' fees and litigation costs pursuant to 5 U.S.C. § 552(a)(4)(E), this action is hereby dismissed with prejudice, except that the Court shall retain jurisdiction to enforce EPA's obligation to make the agreed-upon payment. The parties will inform the Court within 60 days of such payment. So Ordered. (Signed by Judge Victor Marrero on 10/9/08) (js) (Entered: 10/09/2008)
2008-12-1511ENDORSED LETTER addressed to Judge Victor Marrero from Selena K. Kyle and Lev L. Dassin dated 12/11/08 re: Counsel on behalf of both parties writes to inform the Court that Plaintiff Natural Resources Defense Council has received a payment of $3,000.00 in attorneys' fees from Defendants Environmental Protection Agency, as required by the 10/9/08 stipulation and order of Dismissal in this matter (docket no. 10). ENDORSEMENT: The Clerk of Court is directed to file their letter in the record of this matter as the parties' final stipulation of dismissal. (Signed by Judge Victor Marrero on 12/12/08) (tro) (Entered: 12/15/2008)
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by FOIA Project Staff
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