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Case TitleWaterkeeper Alliance, Inc. et al v. U.S. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv07400
Date Filed2017-09-28
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffWaterkeeper Alliance, Inc.
PlaintiffSierra Club
PlaintiffClean Water Action
PlaintiffEnvironmental Integrity Project
Case DescriptionThe Waterkeeper Alliance, the Sierra Club, Clean Water Action, and the Environmental Integrity Project submitted FOIA requests to the EPA for records concerning the current status of the Effluent Limitation Guidelines rule. The agency asked the groups to clarify the request. The agency then started to process the request, but had only provided a single document when the groups filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-281COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-14179069)Document filed by Waterkeeper Alliance, Inc., Environmental Integrity Project, Clean Water Action, Sierra Club. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cmar, Thomas) (Entered: 09/28/2017)
2017-09-282CIVIL COVER SHEET filed. (Cmar, Thomas) (Entered: 09/28/2017)
2017-09-283RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 09/28/2017)
2017-09-284RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sierra Club.(Cmar, Thomas) (Entered: 09/28/2017)
2017-09-285RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Clean Water Action.(Cmar, Thomas) (Entered: 09/28/2017)
2017-09-286RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Integrity Project.(Cmar, Thomas) (Entered: 09/28/2017)
2017-09-287REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint,. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc.. (Cmar, Thomas) (Entered: 09/28/2017)
2017-09-288FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice as Counsel for Plaintiffs . Filing fee $ 200.00, receipt number 0208-14183082. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc.. (Attachments: # 1 Affidavit and Exhibit A - Certificate of Good Standing, # 2 Text of Proposed Order)(Ozaeta, Mychal) Modified on 9/29/2017 (wb). (Entered: 09/28/2017)
2017-09-29>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 8 MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice as Counsel for Plaintiffs . Filing fee $ 200.00, receipt number 0208-14183082. Motion and supporting papers to be reviewed by Clerk's Office staff. </B.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a 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: 09/29/2017)
2017-09-29CASE 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 . (rch) (Entered: 09/29/2017)
2017-09-29Magistrate Judge Andrew J. Peck 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 . (rch) (Entered: 09/29/2017)
2017-09-29Case Designated ECF. (rch) (Entered: 09/29/2017)
2017-09-299ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (rch) (Entered: 09/29/2017)
2017-10-0410NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/3/2017 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 10/4/2017) (kgo) (Entered: 10/04/2017)
2017-10-0611MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc.. (Attachments: # 1 Declaration of Mychal R. Ozaeta, # 2 Text of Proposed Order)(Cmar, Thomas) (Entered: 10/06/2017)
2017-10-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Mychal Robert Ozaeta 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. (wb) (Entered: 10/10/2017)
2017-10-1012ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Mychal R. Ozaeta to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 10/10/2017) (kgo) (Entered: 10/10/2017)
2017-10-1613SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Environmental Protection Agency served on 10/4/2017, answer due 11/3/2017. Service was made by MAIL. Document filed by Waterkeeper Alliance, Inc.; Environmental Integrity Project; Clean Water Action; Sierra Club. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cmar, Thomas) (Entered: 10/16/2017)
2017-10-1714NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of U.S. Environmental Protection Agency. (Sun, Anthony) (Entered: 10/17/2017)
2017-10-2615JOINT LETTER addressed to Judge Valerie E. Caproni from Thomas Cmar, Mychal R. Ozaeta, and Anthony J. Sun dated 10/26/2017 re: In Response to Court's October 4, 2017 Notice of Initial Pretrial Conference. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 10/26/2017)
2017-10-3016LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 10/30/2017 re: withdrawal of request to be heard first on the Court's November 3, 2017, 10:00 a.m. calendar. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 10/30/2017)
2017-11-0217ANSWER to 1 Complaint,. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 11/02/2017)
2017-11-03Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 11/3/2017. Order to follow. (Court Reporter Thomas Murray) (Brantley, Michael) (Entered: 11/03/2017)
2017-11-0318ORDER. IT IS HEREBY ORDERED that the Defendant must inform the Plaintiffs and the Court, by November 9, 2017, of the date on which the responsive paper documents will be produced to Plaintiffs. IT IS FURTHER ORDERED that the Defendant must produce electronic documents in response to Plaintiffs' request by December 31, 2017. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/3/2017) (rjm) (Entered: 11/03/2017)
2017-11-0819NOTICE OF CHANGE OF ADDRESS by Thomas Joseph Cmar on behalf of All Plaintiffs. New Address: Earthjustice, 1101 Lake Street, Suite 405B, Oak Park, IL, 60301, (312) 257-9338. (Cmar, Thomas) (Entered: 11/08/2017)
2017-11-0920LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 11/9/2017 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 11/09/2017)
2017-11-1421TRANSCRIPT of Proceedings re: CONFERENCE held on 11/3/2017 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/5/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 2/12/2018.(McGuirk, Kelly) (Entered: 11/14/2017)
2017-11-1422NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/3/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/14/2017)
2017-11-2223AMENDED ANSWER to 1 Complaint,. Document filed by U.S. Environmental Protection Agency. (Sun, Anthony) (Entered: 11/22/2017)
2017-12-1524CONSENT LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 12/15/2017. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 12/15/2017)
2017-12-1525ORDER granting 24 Letter Motion for Extension of Time: Application GRANTED. (Signed by Judge Valerie E. Caproni on 12/15/2017) (jwh) (Entered: 12/15/2017)
2018-04-0226ORDER: WHEREAS the Court, on December 15, 2017, granted a requested extension to January 17, 2018 for Defendant's production of non-exempt, responsive documents [Dkt. 24]; and WHEREAS the parties have not provided a written update to the Court regarding this matter since the extension was granted; IT IS HEREBY ORDERED that the parties must inform the Court of the status of this matter by letter dated no later than April 9, 2018. (Signed by Judge Valerie E. Caproni on 4/2/2018) (ap) Modified on 4/3/2018 (ap). (Entered: 04/02/2018)
2018-04-0927JOINT LETTER addressed to Judge Valerie E. Caproni from Thomas Cmar, Mychal R. Ozaeta, and Anthony J. Sun dated 04-09-2018 re: April 2, 2018 Order. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 04/09/2018)
2018-04-0928MEMO ENDORSEMENT on re: 27 Letter, filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 4/9/2018) (mro) (Entered: 04/10/2018)
2018-05-0729JOINT LETTER addressed to Judge Valerie E. Caproni from Thomas Cmar, Mychal R. Ozaeta, and Anthony J. Sun dated May 7, 2018 re: Response to April 9, 2018 Order. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 05/07/2018)
2018-05-0930MEMO ENDORSEMENT on re: 29 Letter, filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 5/9/2018) (kgo) (Entered: 05/09/2018)
2018-06-0731LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 6/7/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 06/07/2018)
2018-06-0832MEMO ENDORSEMENT on re: 31 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 6/8/2018) (mro) (Entered: 06/08/2018)
2018-06-2933LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 6/29/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 06/29/2018)
2018-07-0234MEMO ENDORSEMENT on re: 33 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 7/2/2018) (kgo) (Entered: 07/02/2018)
2018-07-2735LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 7/27/2018 re: joint status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 07/27/2018)
2018-07-2736MEMO ENDORSEMENT on re: 35 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 7/27/2018) (kgo) (Entered: 07/27/2018)
2018-08-3037LETTER addressed to Judge Valerie E. Caproni from AUSA Anthony J. Sun dated 8/30/2018 re: status update. Document filed by U.S. Environmental Protection Agency.(Sun, Anthony) (Entered: 08/30/2018)
2018-08-3038MEMO ENDORSEMENT: on re: (29 in 1:17-cv-09184-VEC) Letter filed by U.S. Environmental Protection Agency, (37 in 1:17-cv-07400-VEC) Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/30/2018) (ama) (Entered: 08/30/2018)
2018-10-1239LETTER addressed to Judge Valerie E. Caproni from Thomas Cmar and Mychal Ozaeta, Counsel for Plaintiffs, dated 10/12/2018 re: Status Update. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc..(Cmar, Thomas) (Entered: 10/12/2018)
2018-10-1240MEMO ENDORSEMENT on re: (31 in 1:17-cv-09184-VEC) Letter, filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club, (39 in 1:17-cv-07400-VEC) Letter, filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/12/2018) (ne) (Entered: 10/12/2018)
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