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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv03660
Date Filed2016-05-17
Date Closed2016-09-27
JudgeJudge Analisa Torres
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the approval and expanded use approval for Enlist Duo, a herbicide. The agency acknowledged receipt of the request and granted NRDC a fee waiver. The agency indicated that it would start processing the request, but after hearing nothing more substantive 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
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-05-171COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-12309110)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A)(Marks, Nancy) (Entered: 05/17/2016)
2016-05-172REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 05/17/2016)
2016-05-173CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 05/17/2016)
2016-05-174RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 05/17/2016)
2016-05-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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: 05/18/2016)
2016-05-18Magistrate Judge James L. Cott is so designated. (dgo) (Entered: 05/18/2016)
2016-05-18Case Designated ECF. (dgo) (Entered: 05/18/2016)
2016-05-185ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (dgo) (Entered: 05/18/2016)
2016-05-186INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 4:45p.m., on July 19, 2016, in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, New York. Principal trial counsel must appear at this and all subsequent conferences.SO ORDERED. Initial Conference set for 7/19/2016 at 04:45 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/18/2016) (ama) (Entered: 05/18/2016)
2016-06-017NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of United States Environmental Protection Agency. (Teleanu, Natasha) (Entered: 06/01/2016)
2016-06-018NOTICE OF APPEARANCE by Margaret T. Hsieh on behalf of Natural Resources Defense Council, Inc.. (Hsieh, Margaret) (Entered: 06/01/2016)
2016-06-149AFFIDAVIT OF SERVICE. United States Environmental Protection Agency served on 6/7/2016, answer due 8/8/2016. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hsieh, Margaret) (Entered: 06/14/2016)
2016-06-2010NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 06/20/2016)
2016-06-2011ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency.(Teleanu, Natasha) (Entered: 06/20/2016)
2016-06-3012ORDER: The initial pretrial conference scheduled for July 19, 2016, is ADJOURNED to August 25, 2016, at 4:15 p.m. Initial Conference set for 8/25/2016 at 04:15 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 6/30/2016) (lmb) (Entered: 06/30/2016)
2016-07-0113LETTER MOTION for Extension of Time to File Initial Conference Letter addressed to Judge Analisa Torres from AUSA Tomoko Onozawa dated 7/1/2016. Document filed by United States Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 07/01/2016)
2016-07-0114ORDER granting 13 Letter Motion for Extension of Time to File Letter. (In light of the new conference date, and if consistent with the Court's intention, we respectfully request that the Court "so order" this letter to provide that the parties are to submit that letter by August 18, 2016, which is a week before the new conference date. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 7/01/2016) (ama) (Entered: 07/01/2016)
2016-08-1615LETTER addressed to Judge Analisa Torres from AUSA Tomoko Onozawa dated 8/16/2016 re: Pre-Initial Conference Letter. Document filed by United States Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 08/16/2016)
2016-08-2216ORDER: The initial pretrial conference scheduled for August 25, 2016, is ADJOURNED sine die. SO ORDERED. (Signed by Judge Analisa Torres on 8/22/2016) (kko) (Entered: 08/22/2016)
2016-09-2617LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu dated 9/26/2016 re: Production Schedule. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit)(Teleanu, Natasha) (Entered: 09/26/2016)
2016-09-2718STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION BY DEFENDANT: IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendant as follows: 1. Defendant will search for documents responsive only to Plaintiff's Amended FOIA Request to Defendant dated September 23, 2016, and annexed hereto as Exhibit A. To facilitate Defendant's searches and productions of all responsive documents, Plaintiff's Amended FOIA Request sets forth the requested records in the order in which Plaintiff would like to receive them, from first priority to last. However, Defendant is not required to search for and/or complete processing (i.e., either release of the requested documents or notification to Plaintiff of the complete or partial withholding pursuant to any applicable FOIA exemption) of the requested records in the same priority order set forth in Exhibit A. (As further set forth in this Order.) Given that this Order appears to resolve the parties' dispute, the Clerk of Court is directed to close the case without prejudice to either party moving, within thirty days of today, to reopen the case if there is anything left to be litigated. Per Paragraph 11, the Court retains jurisdiction to enforce this Order. (Signed by Judge Jesse M. Furman on 9/27/2016) (kko) (Entered: 09/27/2016)
2016-10-0319LETTER addressed to Judge Analisa Torres from Margaret T. Hsieh dated 10/03/2016 re: Sept. 27, 2016 Order. Document filed by Natural Resources Defense Council, Inc..(Hsieh, Margaret) (Entered: 10/03/2016)
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by FOIA Project Staff