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Case TitleNatural Resources Defense Council v. U.S. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv05928
Date Filed2017-08-04
Date ClosedOpen
JudgeJudge Jesse M. Furman
PlaintiffNatural Resources Defense Council
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the recusal or participation of Deputy Assistant Administrator Nancy Beck, who had previously worked for the American Chemistry Council, on issues involving regulation of chemical waste. The agency acknowledged receipt of the request. The NRDC had several contacts with the agency concerning the request, particularly its scope. However, after hearing nothing further from the agency, the NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [53]
Opinion/Order [57]
FOIA Project Annotation: A federal court in New York has ruled that the EPA has neither provided a sufficient explanation for why disclosure under Exemption 5 (privileges) would cause foreseeable harm nor for why it cannot segregate and disclose more non-exempt information. Agreeing with two recent decisions from district courts in the D.C. Circuit " Judicial Watch v. Dept of Commerce, 375 F. Supp. 3d 93 (D.D.C. 2019) and Rosenberg v. Dept of Defense, 342 F. Supp. 3d 62 (D.D.C. 2018) " finding that agencies had failed to articulate the foreseeable harm in disclosing information under Exemption 5 " the court indicated that "the EPA shall submit a supplemental Vaughn index that more specifically and particularly describes the Exemption 5-related interests that would be harmed by disclosure of the documents at issue." The court added that "a categorical approach to different types of documents may well be appropriate. But the EPA must provide more detail than it has here." The agency agreed that the Natural Resources Defense Council "raises colorable arguments that the EPA has withheld non-exempt factual information without adequately justifying its non-disclosure." The court ordered the agency to provide 10 documents selected by the NRDC for in camera review.
Issues: Search - Detailed description of search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-041COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-13982905)Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A)(Wang, Vivian) (Entered: 08/04/2017)
2017-08-042CIVIL COVER SHEET filed. (Wang, Vivian) (Entered: 08/04/2017)
2017-08-043REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council. (Wang, Vivian) (Entered: 08/04/2017)
2017-08-044RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council.(Wang, Vivian) (Entered: 08/04/2017)
2017-08-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 . (kl) (Entered: 08/07/2017)
2017-08-07Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 08/07/2017)
2017-08-07Case Designated ECF. (kl) (Entered: 08/07/2017)
2017-08-075ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (kl) (Entered: 08/07/2017)
2017-08-086NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, which are available at http://nysd.uscourts.gov/judge/Furman, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference as set forth in this order. Initial Conference set for 10/25/2017 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/8/2017) (rj) (Entered: 08/08/2017)
2017-08-237NOTICE OF APPEARANCE by David C. Vladeck on behalf of Natural Resources Defense Council. (Vladeck, David) (Entered: 08/23/2017)
2017-08-238NOTICE OF CHANGE OF ADDRESS by David C. Vladeck on behalf of Natural Resources Defense Council. New Address: Georgetown University Law Center, 600 New Jersey Avenue, NW, Washington, DC, USA 20001, 202-662-9540. (Vladeck, David) (Entered: 08/23/2017)
2017-09-069LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/6/2017. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/06/2017)
2017-09-0610ORDER granting 9 Letter Motion for Extension of Time to Answer. The answer deadline is extended to September 29, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/06/2017)
2017-09-2211AFFIDAVIT OF SERVICE. U.S. Environmental Protection Agency served on 8/7/2017, answer due 9/29/2017. Service was made by Mail. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wang, Vivian) (Entered: 09/22/2017)
2017-09-2912ANSWER to 1 Complaint. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/29/2017)
2017-10-1213NOTICE OF APPEARANCE by Stephanie Kaufman Glaberson on behalf of Natural Resources Defense Council. (Glaberson, Stephanie) (Entered: 10/12/2017)
2017-10-1814LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 10/18/2017. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 10/18/2017)
2017-10-1815ORDER granting 14 Letter Motion to Adjourn Conference. The initial pretrial conference is ADJOURNED to NOVEMBER 2, 2017, at 3:15 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/18/2017)
2017-10-2616INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 10/26/2017)
2017-11-02Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 11/2/2017. Stephanie Glaberson and Vivian Wang present for Plaintiff. Tomoko Onozawa present for Defendant. (ab) (Entered: 11/30/2017)
2017-11-2017STATUS REPORT. Joint status letter Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 11/20/2017)
2017-11-2118MEMO ENDORSEMENT on re: 17 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 11/21/2017) (ras) (Entered: 11/21/2017)
2017-11-2919STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 11/29/2017)
2017-11-3020MEMO ENDORSEMENT on re: 19 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties' agreement is hereby SO ORDERED. The parties shall submit a joint status letter no later than two months from the date of this Order. In that letter, the parties should advise the Court if there is any need to hold a conference. If the parties believe that there is a need to hold a conference sooner, they should file a letter motion to that effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/30/2017) (ras) (Entered: 11/30/2017)
2018-01-3021STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 01/30/2018)
2018-01-3022ORDER re: 21 Status Report filed by U.S. Environmental Protection Agency. The parties shall submit another joint status letter no later than two months from the date of this Order. In that letter, the parties should again advise the Court if there is any need to hold a conference. If the parties believe that there is a need to hold a conference sooner, they should file a letter motion to that effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/30/2018) (Text Only Order) (Furman, Jesse) (Entered: 01/30/2018)
2018-02-2323LETTER MOTION for Extension of Time for EPA's third FOIA production addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 2/23/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 02/23/2018)
2018-02-2524ORDER granting 23 Letter Motion for Extension of Time. The third production deadline is extended to March 5, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/25/2018)
2018-03-2925STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 03/29/2018)
2018-03-3026ORDER re: 25 Status Report filed by U.S. Environmental Protection Agency. The parties shall file a joint status report by May 30, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/30/2018) (Text Only Order)(Furman, Jesse) (Entered: 03/30/2018)
2018-05-3027STATUS REPORT. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 05/30/2018)
2018-05-3128ORDER re: 27 Status Report filed by Natural Resources Defense Council. The parties shall file a joint status report and proposed briefing schedule for summary judgment by July 11, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/31/2018) (Text Only Order) (Furman, Jesse) (Entered: 05/31/2018)
2018-07-1129STATUS REPORT. and proposed briefing schedule for cross-motions for summary judgment Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 07/11/2018)
2018-07-1630MEMO ENDORSEMENT on re: 29 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties' proposed briefing scheduled is hereby ADOPTED. (Cross Motions due by 11/5/2018., Motions due by 10/1/2018. Responses due by 11/19/2018, Replies due by 12/3/2018.) (Signed by Judge Jesse M. Furman on 7/16/2018) (tro) (Entered: 07/16/2018)
2018-09-2631LETTER MOTION for Extension of Time to File Cross Motions for Summary Judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/26/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/26/2018)
2018-09-2632ORDER granting 31 Letter Motion for Extension of Time. The parties' proposed briefing schedule is adopted. EPA's motion for summary judgment, including its Vaughn index, shall be filed by October 16, 2018. NRDC's opposition and cross-motion for summary judgment shall be filed by November 16, 2018. EPA's opposition to NRDC's cross-motion and any reply in further support of its summary judgment motion shall be filed by November 30, 2018. Any reply in further support of NRDC's cross-motion for summary judgment shall be filed by December 14, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/26/2018)
2018-09-2633AMENDED LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/26/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/26/2018)
2018-09-2634ORDER granting 33 Letter Motion for Extension of Time. The parties' AMENDED proposed briefing schedule is adopted. EPA's motion for summary judgment, including its Vaughn index, shall be filed by October 16, 2018. NRDC's opposition and cross-motion for summary judgment shall be filed by November 19, 2018. EPA's opposition to NRDC's cross-motion and any reply in further support of its summary judgment motion shall be filed by December 3, 2018. Any reply in further support of NRDC's cross-motion for summary judgment shall be filed by December 17, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/26/2018)
2018-10-1635MOTION for Summary Judgment . Document filed by U.S. Environmental Protection Agency. Responses due by 11/19/2018(Onozawa, Tomoko) (Entered: 10/16/2018)
2018-10-1636DECLARATION of Pamela S. Myrick in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Onozawa, Tomoko) (Entered: 10/16/2018)
2018-10-1637MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 10/16/2018)
2018-11-0938LETTER MOTION for Extension of Time to File Opposition and cross-motion for summary judgment addressed to Judge Jesse M. Furman from Stephanie Glaberson dated November 9, 2018. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 11/09/2018)
2018-11-1139ORDER granting 38 Letter Motion for Extension of Time to File Motion Papers. The parties' proposed modified briefing schedule is hereby adopted. Accordingly, NRDC shall file its opposition and cross-motion for summary judgment by December 21, 2018; the EPA shall file its opposition to NRDC's cross-motion and its reply in further support of its summary judgment motion by January 18, 2019; and NRDC shall file any reply in further support of its cross-motion for summary judgment by February 1, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/11/2018)
2018-12-2140MEMORANDUM OF LAW in Opposition re: 35 MOTION for Summary Judgment . . Document filed by Natural Resources Defense Council. (Attachments: # 1 Appendix)(Glaberson, Stephanie) (Entered: 12/21/2018)
2018-12-2141DECLARATION of Sarah Tallman in Opposition re: 35 MOTION for Summary Judgment .. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit May 17, 2017 Confirmation, # 2 Exhibit August 29, 2017 Interim Release, # 3 Exhibit April 30, 2017 Communication, # 4 Exhibit EPA Withheld in Full Index)(Glaberson, Stephanie) (Entered: 12/21/2018)
2018-12-2742STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro) (Entered: 01/02/2019)
2018-12-27Case Stayed (mro) (Entered: 01/14/2019)
2019-02-2043LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 2/20/2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 02/20/2019)
2019-02-2044ORDER granting 43 Letter Motion for Extension of Time to File Response/Reply. The deadline for the filing of EPA's reply brief is hereby EXTENDED to March 14, 2019. The reply brief may be up to 15 pages long. NRDC may file a sur-reply and if it does so, must file it by April 4, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/20/2019)
2019-03-1145ORDER REGARDING SUBMISSION OF ELECTRONIC COURTESY COPIES: With respect to Defendant's Motion for Summary Judgment, the parties shall adhere to the following procedure for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). No later than two business days after the final filing, the moving party shall submit electronic courtesy copies of all motion papers in electronic folders titled with the docket number of the relevant motion in brackets followed by a description of the motion (e.g., " 35 Defendant's Motion for Summary Judgment"). As further set forth in this order. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/11/2019) (ks) (Entered: 03/11/2019)
2019-03-1446REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 03/14/2019)
2019-03-1447DECLARATION of Pamela S. Myrick in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Onozawa, Tomoko) (Entered: 03/14/2019)
2019-03-1448DECLARATION of Tomoko Onozawa in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1)(Onozawa, Tomoko) (Entered: 03/14/2019)
2019-04-0449REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit Ex. A: EPA Letter in 18-cv-0794)(Glaberson, Stephanie) (Entered: 04/04/2019)
2019-04-0450DECLARATION of Stephanie Glaberson in Opposition re: 35 MOTION for Summary Judgment .. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit 1: March 5, 2018 Email Exchange, # 2 Exhibit 2: July 11, 2018 Email Exchange, # 3 Exhibit 3: EPA Amended Draft of Joint Letter, # 4 Exhibit 4: NRDC Markup of Joint Letter Draft)(Glaberson, Stephanie) (Entered: 04/04/2019)
2019-04-0851FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. [49-50] . Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) Modified on 5/24/2019 (ldi). (Entered: 04/08/2019)
2019-04-0952ORDER denying 51 Motion to Strike. The Court will consider the sur-reply only to the extent that it actually addresses issues raised for the first time in Defendant;s reply brief. Accordingly, Defendant's motion to strike the sur-reply and alternative request for leave to file a sur-sur-reply are both DENIED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/09/2019)
2019-07-2553MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the EPA is ORDERED to submit (1) no later than August 8, 2019, a revised affidavit and/or Vaughn index that describes with more specificity the reasonably foreseeable harms to Exemption 5-related interests that disclosure of the challenged documents would cause; and (2) no later than July 30, 2019, copies of the records listed above (in both hard copy and by email) for the Court's in camera inspection. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/25/2019) (ama) (Entered: 07/25/2019)
2019-08-0654LETTER MOTION for Extension of Time to File Supplemental Vaughn Affidavit and/or Vaughn Index addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 8/6/2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 08/06/2019)
2019-08-0655ORDER granting 54 Letter Motion for Extension of Time to File. Defendants deadline to submit a supplemental affidavit and/or Vaughn index is hereby EXTENDED to August 16, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/06/2019)
2019-08-1656DECLARATION of Pamela S. Myrick (Second Supplemental Declaration) in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 08/16/2019)
2019-08-3057OPINION AND ORDER re: 35 MOTION for Summary Judgment filed by U.S. Environmental Protection Agency. Summary judgment is GRANTED to the EPA on those issues and as to those records. By contrast, and as described throughout this Opinion, the agency failed to justify its decision not to disclose the remaining records. For those records, summary judgment is DENIED. Finally, summary judgment is DENIED on the agency's segregability claims. In light of this Opinion and Order and the claims that remain, the parties shall meet and confer to discuss (1) how the litigation should proceed from here and (2) how this Opinion and Order applies to the records not addressed by the Vaughn index. No later than September 20, 2019, the parties shall file letter-briefs, not to exceed four single-spaced pages, stating their views on those issues - mindful of the Court's desire to minimize further proceedings and the scope of any further judicial review. Finally, the parties shall appear for a conference before the Court on October 3, 2019, at 4:30 p.m. to discuss their views on how to proceed. The Clerk of Court is directed to terminate Docket No. 35. (Status Conference set for 10/3/2019 at 04:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/30/2019) (ne) (Entered: 08/30/2019)
2019-09-1158LETTER MOTION for Extension of Time to File addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated Sept. 11, 2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/11/2019)
2019-09-1259ORDER granting 58 Letter Motion for Extension of Time to File Any Motion for Reconsideration. The EPA is granted until September 20, 2019 to file any motion for reconsideration. In light of that, the deadline for the parties to submit their joint letter is extended to September 27, 2019. Unless and until the Court orders otherwise, all other dates and deadlines remain in effect, although the EPA may renew its request for an extension of the joint letter deadline and an adjournment of the October 3rd conference in the event that it files a motion for reconsideration. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/12/2019)
2019-09-2060MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, . Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/20/2019)
2019-09-2061MEMORANDUM OF LAW in Support re: 60 MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 09/20/2019)
2019-09-2362MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, (Corrected Notice of Motion) . Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/23/2019)
2019-09-2363LETTER MOTION to Adjourn Conference scheduled for October 3, 2019, addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/23/2019., LETTER MOTION for Extension of Time to File Letter Re Proposed Next Steps addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/23/2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/23/2019)
2019-09-2464ORDER terminating 60 Motion for Reconsideration in light of ECF No. 62 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/24/2019)
2019-09-2465ORDER granting 63 Letter Motion to Adjourn Conference and for Extension of Time to File Joint Letter. The deadline for the parties' to file their joint letter regarding next steps is hereby extended to one week after the Court's ruling on Defendant's motion for reconsideration. The October 3, 2019 conference is ADJOURNED sine die. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/24/2019)
2019-10-0466MEMORANDUM OF LAW in Opposition re: 60 MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, . . Document filed by Natural Resources Defense Council. (Vladeck, David) (Entered: 10/04/2019)
2019-10-1167REPLY MEMORANDUM OF LAW in Support re: 62 MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, (Corrected Notice of Motion) . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 10/11/2019)
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