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Case TitleNatural Resources Defense Council, Inc. v. Federal Emergency Management Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv04765
Date Filed2015-06-18
Date Closed2016-08-08
JudgeJudge Alison J. Nathan
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the Federal Emergency Management Agency for records concerning its implementation of the National Flood Insurance Program. The agency acknowledged receipt of the request and conditionally granted the NRDC's fee waiver request. NRDC submitted a second FOIA request for more records about the Flood Insurance Program. That request was acknowledged and its fee waiver request was also granted conditionally. Since that time, however, the agency had failed to respond further and the NRDC filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantFederal Emergency Management Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-181COMPLAINT against Federal Emergency Management Agency. (Filing Fee $ 400.00, Receipt Number 0208-11052102)Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 06/18/2015)
2015-06-182REQUEST FOR ISSUANCE OF SUMMONS as to Federal Emergency Management Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 06/18/2015)
2015-06-183RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 06/18/2015)
2015-06-184FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joshua R. Purtle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11052710. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Marks, Nancy) Modified on 6/19/2015 (wb). (Entered: 06/18/2015)
2015-06-185CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 06/18/2015)
2015-06-19>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 MOTION for Joshua R. Purtle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11052710. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): Certificate of Good Standing must be issued from the Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 06/19/2015)
2015-06-196ELECTRONIC SUMMONS ISSUED as to Federal Emergency Management Agency. (rch) (Entered: 06/19/2015)
2015-06-19CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (rch) (Entered: 06/19/2015)
2015-06-19Magistrate Judge Debra C. Freeman is so designated. (rch) (Entered: 06/19/2015)
2015-06-19Case Designated ECF. (rch) (Entered: 06/19/2015)
2015-06-297AMENDED MOTION for Joshua R. Purtle to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Marks, Nancy) (Entered: 06/29/2015)
2015-06-30>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 AMENDED MOTION for Joshua R. Purtle to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi) (Entered: 06/30/2015)
2015-07-028ORDER granting 7 Motion for Joshua R. Purtle to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 07/02/2015)
2015-07-089NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/23/2015 at 10:30 AM in Courtroom 906, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan, and as further set forth in this Order. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 7/8/2015) (rjm) (Entered: 07/09/2015)
2015-08-0310NOTICE OF APPEARANCE by Jacob Thomas Lillywhite on behalf of Federal Emergency Management Agency. (Lillywhite, Jacob) (Entered: 08/03/2015)
2015-08-1011ANSWER to 1 Complaint. Document filed by Federal Emergency Management Agency.(Lillywhite, Jacob) (Entered: 08/10/2015)
2015-08-1112AFFIDAVIT OF SERVICE. Federal Emergency Management Agency served on 6/29/2015, answer due 7/20/2015. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Marks, Nancy) (Entered: 08/11/2015)
2015-08-2413NOTICE OF APPEARANCE by Joshua R Purtle on behalf of Natural Resources Defense Council, Inc.. (Purtle, Joshua) (Entered: 08/24/2015)
2015-10-0914JOINT LETTER addressed to Judge Alison J. Nathan from Joshua R. Purtle and Jacob Lillywhite dated October 9, 2015 re: Natural Resources Defense Council, Inc. v. Federal Emergency Management Agency, Civil Case No. 15-cv-04765-AJN. Document filed by Natural Resources Defense Council, Inc..(Purtle, Joshua) (Entered: 10/09/2015)
2015-10-21**REMINDER** There is an Initial Pretrial Conference scheduled for Friday, October 23, 2015 at 10:30 AM in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York before the Honorable Alison J. Nathan, U.S.D.J. (snu) (Entered: 10/21/2015)
2015-10-23Minute Entry for proceedings held before Judge Alison J. Nathan: Initial Pretrial Conference held on 10/23/2015. (snu) (Entered: 10/23/2015)
2015-12-2215LETTER MOTION for Extension of Time to File Motions for Summary Judgment addressed to Judge Alison J. Nathan from Joshua R. Purtle dated December 22, 2015. Document filed by Natural Resources Defense Council, Inc..(Purtle, Joshua) (Entered: 12/22/2015)
2015-12-2316ORDER granting 15 LETTER MOTION for Extension of Time to File Motions for Summary Judgment addressed to Judge Alison J. Nathan from Joshua R. Purtle dated December 22, 2015. Document filed by Natural Resources Defense Council, Inc. The parties joint request for an extension is GRANTED. The parties joint request for an extension is GRANTED. The parties shall cross-move for summary judgment on or before March 15, 2016. So ordered. (Cross Motions due by 3/15/2016). (Signed by Judge Alison J. Nathan on 12/23/2015) (rjm). (Entered: 12/23/2015)
2016-03-0417JOINT LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Alison J. Nathan from Joshua R. Purtle dated March 4, 2016. Document filed by Natural Resources Defense Council, Inc..(Purtle, Joshua) (Entered: 03/04/2016)
2016-03-0718ORDER granting 17 JOINT LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Alison J. Nathan from Joshua R. Purtle dated March 4, 2016. Document filed by Natural Resources Defense Council, Inc. So ordered. (Cross Motions due by 5/16/2016). (Signed by Judge Alison J. Nathan on 3/7/2016) (rjm) (Entered: 03/07/2016)
2016-05-1019JOINT LETTER MOTION for Extension of Time to File Motions for Summary Judgment addressed to Judge Alison J. Nathan from Joshua R. Purtle dated May 10, 2016. Document filed by Natural Resources Defense Council, Inc..(Purtle, Joshua) (Entered: 05/10/2016)
2016-05-1120ORDER granting 19 Letter Motion for Extension of Time. The parties' joint request for an extension is GRANTED. Cross-motions for summary judgment shall be filed on or before June 15, 2016. (Cross Motions due by 6/15/2016.) (Signed by Judge Alison J. Nathan on 5/11/2016) (spo) Modified on 5/12/2016 (spo). (Entered: 05/12/2016)
2016-06-0821JOINT LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Alison J. Nathan from Joshua R. Purtle dated June 8, 2016. Document filed by Natural Resources Defense Council, Inc..(Purtle, Joshua) (Entered: 06/08/2016)
2016-06-1022ORDER granting 21 Letter Motion for Extension of Time to File Cross-Motions for Summary Judgment. The parties joint request for an extension of time to file their cross motions for summary judgment is GRANTED. Defendant shall file its motion for summary judgment on or before August 15, 2016. Plaintiff shall file its opposition to Defendant's motion and its cross-motion on or before September 15, 2016. Defendant shall file its reply on its motion and opposition to Plaintiff's motion on or before October 6, 2016. Plaintiff shall file its reply on its cross motion on or before October 13, 2016. No further extensions of the August 15, 2016 deadline will be granted absent extraordinary circumstances. (Signed by Judge Alison J. Nathan on 6/10/2016) (kko) (Entered: 06/10/2016)
2016-06-10Set/Reset Deadlines: Motions due by 8/15/2016. Cross Motions due by 9/15/2016. Responses due by 10/6/2016. Replies due by 10/13/2016. (kko) (Entered: 06/10/2016)
2016-08-0423SETTLEMENT AGREEMENT . Document filed by Natural Resources Defense Council, Inc..(Purtle, Joshua) (Entered: 08/04/2016)
2016-08-0824STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their counsel, that: By September 16, 2016, FEMA shall conduct a reasonable search for FEMA's Risk Ranking of Communities for Regions I, V, VIII, and X, and produce to NRDC any responsive, non-exempt documents it finds. FEMA will not assess NRDC any fees associated with disclosure of these documents, and NRDC will not seek any attorneys' fees or costs related to the search for and disclosure of these documents. After entry of this Stipulation by the Court, the Parties will attempt to resolve Plaintiff's claim for attorneys' fees and costs. In the event the Parties are unable to reach a resolution, Plaintiff reserves the right to file an application with the Court for any such fees and costs, and FEMA reserves all defenses to such application. The Parties shall either file a stipulation with the Court resolving any claims for attorney fees and litigation costs, or NRDC shall file an application with the Court for any such fees and costs, no later than September 16, 2016. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction of this matter for the purpose of resolving any disputes about FEMA's compliance with paragraph 1, and any disputes relating to claims for fees and costs pursuant to 5 U.S.C. § 552(a)(4)(E), and as further specified and set forth in this Stipulation and Order. (Signed by Judge Alison J. Nathan on 8/8/2016) (rjm) (Entered: 08/08/2016)
2016-08-08Set/Reset Deadlines: Motions due by 9/16/2016. (rjm) (Entered: 08/08/2016)
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