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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv02156
Date Filed2016-03-23
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA's Chicago office for records concerning the agency's oversight and monitoring of the Michigan Department of Environmental Quality's drinking water program and the extent of EPA's knowledge of or involvement with the Michigan Department of Environmental Quality's oversight of Flint's monitoring of lead levels in drinking water. After hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-231COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-12101873)Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 03/23/2016)
2016-03-232CIVIL COVER SHEET filed. (Knicley, Jared) (Entered: 03/23/2016)
2016-03-233REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Knicley, Jared) (Entered: 03/23/2016)
2016-03-234MOTION for Jared Eldridge Knicley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12101999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit VA Certificate of Good Standing, # 2 Exhibit DC Certificate of Good Standing, # 3 Text of Proposed Order)(Knicley, Jared) (Entered: 03/23/2016)
2016-03-235RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 03/23/2016)
2016-03-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Jared Eldridge Knicley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12101999. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/23/2016)
2016-03-236NOTICE OF APPEARANCE by Nancy Sharman Marks on behalf of Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 03/23/2016)
2016-03-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . (dgo) (Entered: 03/24/2016)
2016-03-24Magistrate Judge Kevin Nathaniel Fox is so designated. (dgo) (Entered: 03/24/2016)
2016-03-24Case Designated ECF. (dgo) (Entered: 03/24/2016)
2016-03-247ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (dgo) (Entered: 03/24/2016)
2016-03-318AFFIDAVIT OF SERVICE. United States Environmental Protection Agency served on 3/29/2016, answer due 5/31/2016. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Knicley, Jared) (Entered: 03/31/2016)
2016-04-019NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/22/2016 at 10:00 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/1/2016) (mro) (Entered: 04/04/2016)
2016-04-0110ORDER FOR ADMISSION PRO HAC VICE granting 4 Motion for Jared Eldridge Knicley to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/1/2016) (mro) (Entered: 04/04/2016)
2016-04-0411NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of United States Environmental Protection Agency. (Poscablo, Christine) (Entered: 04/04/2016)
2016-04-1512JOINT LETTER addressed to Judge Valerie E. Caproni from Christine S. Poscablo dated April 15, 2016 re: Request for an Adjournment of Initial Pretrial Conference. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 04/15/2016)
2016-04-1813MEMO ENDORSEMENT on re: 12 Letter request for an adjournment of the initial pretrial conference, filed by United States Environmental Protection Agency. ENDORSEMENT: Request GRANTED, in part. The initial pretrial conference currently scheduled for April 22, 2016 at 10:00 a.m. in ADJOURNED until May 13, 2016 at 10:00 a.m. The joint letter as described in the Court's April 1, 2016 Notice of Initial Pretrial Conference (Dkt. 9) is ADJOURNED until May 6, 2016. (Initial Conference set for 5/13/2016 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/18/2016) (tro) (Entered: 04/19/2016)
2016-04-2714ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 04/27/2016)
2016-05-0615JOINT LETTER addressed to Judge Valerie E. Caproni from Jared E. Knicley and Christine S. Poscablo dated May 6, 2016 re: Initial Pretrial Conference. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 05/06/2016)
2016-05-13Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 5/13/2016. See order for scheduling and deadlines set by the Court. (Court Reporter Carol Ganley) (Brantley, Michael) (Entered: 05/13/2016)
2016-05-1416ORDER: Pursuant to the May 13, 2016 conference, it is HEREBY ORDERED that: 1. The United States Environmental Protection Agency ("EPA") should interpret broadly any expedited FOIA request ("Expedited Request") to which it is currently responding to overlap with the Plaintiff's requests; 2. EPA must continue to promptly produce to Plaintiff any documents that are responsive to Plaintiff's requests as those documents are being produced in response to an Expedited Request; 3. The parties must identify those requests that do not overlap with an Expedited Request and discuss whether they can agree on a time frame for production of those documents. On or before June 27, 2016, the parties must file a joint letter updating the Court on the status of the production of documents that are responsive to Plaintiff's request and one or more Expedited Request and on the progress the parties have made towards agreeing on a reasonable production schedule for the documents requested by Plaintiff that do not overlap with an Expedited Request. (Signed by Judge Valerie E. Caproni on 5/14/2016) (mro) (Entered: 05/16/2016)
2016-06-2417JOINT LETTER addressed to Judge Valerie E. Caproni from Christine S. Poscablo dated June 24, 2016 re: Status Update and Proposed Stipulated Production Schedule in Response to FOIA Request. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 06/24/2016)
2016-06-2818MEMO ENDORSEMENT on re: 17 Letter, filed by United States Environmental Protection Agency. ENDORSEMENT: Defendant must file quarterly reports regarding the status and progress of discovery, with the first report due on or before September 20, 2016. (Signed by Judge Valerie E. Caproni on 6/28/2016) (tn) (Entered: 06/28/2016)
2016-09-2019STATUS REPORT. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 09/20/2016)
2016-12-2020STATUS REPORT. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 12/20/2016)
2017-03-1521STATUS REPORT. and Request for Permission to File Another Status Report on or before May 15, 2017 Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 03/15/2017)
2017-03-1522STATUS REPORT. Addendum and Request for Permission to File Another Status Report on or before June 15, 2017 Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 03/15/2017)
2017-03-1623MEMO ENDORSEMENT on re: 22 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/16/2017) (ap) (Entered: 03/17/2017)
2017-06-1324STATUS REPORT. and Request for Permission to Submit a Stipulation or Request a Briefing Schedule by August 21, 2017 Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 06/13/2017)
2017-07-2425MEMO ENDORSEMENT on re: 24 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/24/2017) (rj) (Entered: 07/25/2017)
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by FOIA Project Staff