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Case TitleNatural Resources Defense Council, Inc. v. U.S. Consumer Product Safety Commission
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv08574
Date Filed2017-11-06
Date Closed2018-04-30
JudgeJudge Laura Taylor Swain
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the Consumer Product Safety Commission for records concerning an essay posted by Commissioner Joseph Mohorovic criticizing the agency's proposed regulation on phthalates. The agency acknowledged receipt of the request. It later provided a partial response. But 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. Consumer Product Safety Commission
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-061COMPLAINT against U.S. Consumer Product Safety Commission. (Filing Fee $ 400.00, Receipt Number 0208-14331129)Document filed by Natural Resources Defense Council, Inc..(Rahm, Catherine) (Entered: 11/06/2017)
2017-11-062CIVIL COVER SHEET filed. (Rahm, Catherine) (Entered: 11/06/2017)
2017-11-063REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Consumer Product Safety Commission, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Rahm, Catherine) (Entered: 11/06/2017)
2017-11-064RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Rahm, Catherine) (Entered: 11/06/2017)
2017-11-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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: 11/07/2017)
2017-11-07Magistrate Judge Gabriel W. Gorenstein 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: 11/07/2017)
2017-11-07Case Designated ECF. (kl) (Entered: 11/07/2017)
2017-11-075ELECTRONIC SUMMONS ISSUED as to U.S. Consumer Product Safety Commission. (kl) (Entered: 11/07/2017)
2017-11-156NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of U.S. Consumer Product Safety Commission. (Krause, Andrew) (Entered: 11/15/2017)
2017-11-217MOTION for Jared Jones Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14390911. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing from District of Columbia, # 2 Exhibit Certificate of Good Standing from Pennsylvania, # 3 Affidavit of Jared Thompson, # 4 Text of Proposed Order Proposed Order)(Thompson, Jared) (Entered: 11/21/2017)
2017-11-21>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Jared Jones Thompson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14390911. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 11/21/2017)
2017-11-218AFFIDAVIT OF SERVICE (FOIA CASE). U.S. Consumer Product Safety Commission served on 11/7/2017, answer due 12/7/2017. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rahm, Catherine) (Entered: 11/21/2017)
2017-11-229ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 11/22/2017) (ama) (Entered: 11/22/2017)
2017-11-2710ORDER granting 7 Motion for Jared Jones Thompson to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG) (Entered: 11/27/2017)
2017-11-3011FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jolie McLaughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14418370. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit Affidavit in Support of Pro Hac Vice Motion, # 3 Proposed Order)(McLaughlin, Jolie) Modified on 11/30/2017 (bcu). (Entered: 11/30/2017)
2017-11-30>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for Jolie McLaughlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14418370. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. 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.. (bcu) (Entered: 11/30/2017)
2017-12-1112ANSWER to 1 Complaint. Document filed by U.S. Consumer Product Safety Commission.(Krause, Andrew) (Entered: 12/11/2017)
2017-12-1213ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on Friday, January 5, 2018, at 10:00 a.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. Counsel for all parties must appear at this conference and should arrive prior to the scheduled time so that the conference may begin promptly. Upon receipt of this order, each counsel is directed to confirm with all other counsel that each party to this proceeding has received a copy of this order. At the initial case management conference, the parties must be prepared to discuss the subjects set forth in subdivisions (b) and (c) of Rule 16. And as set forth herein in this Order. SO ORDERED. Initial Conference set for 1/5/2018 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/12/2017) (ama) (Entered: 12/12/2017)
2017-12-1314MOTION for Jolie McLaughlin 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 Certificate of Good Standing, # 2 Affidavit in Support of Pro Hac Vice Motion, # 3 Proposed Order)(McLaughlin, Jolie) (Entered: 12/13/2017)
2017-12-14>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Jolie McLaughlin 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. (ma) (Entered: 12/14/2017)
2017-12-1415LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Andrew E. Krause dated December 14, 2017. Document filed by U.S. Consumer Product Safety Commission.(Krause, Andrew) (Entered: 12/14/2017)
2017-12-1416ORDER: granting 15 Letter Motion to Adjourn Conference. SO ORDERED. Initial Conference set for 1/9/2018 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/14/2017) (ama) (Entered: 12/14/2017)
2017-12-1517ORDER granting 14 Motion for Jolie McLaughlin to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG) (Entered: 12/15/2017)
2018-01-0418JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Natural Resources Defense Council, Inc. and U.S. Consumer Product Safety Commission dated 1/4/2018 re: proposed scheduling order and request to adjourn initial case management conference. Document filed by Natural Resources Defense Council, Inc..(McLaughlin, Jolie) (Entered: 01/04/2018)
2018-01-0519MEMO ENDORSEMENT: on re: 18 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The case management conference is cancelled and the proposed schedule is adopted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/05/2018) (ama) (Entered: 01/05/2018)
2018-02-0820JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Natural Resources Defense Council, Inc. and U.S. Consumer Product Safety Commission dated 2/8/18 re: Joint Status Report and Proposed Schedule. Document filed by Natural Resources Defense Council, Inc..(McLaughlin, Jolie) (Entered: 02/08/2018)
2018-02-0921MEMO ENDORSEMENT: on re: 20 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMNET: SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/09/2018) (ama) (Entered: 02/09/2018)
2018-03-0822JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Natural Resources Defense Council and U.S. Consumer Product Safety Commission dated 3/8/2018 re: Joint Status Report and Proposed Schedule. Document filed by Natural Resources Defense Council, Inc..(Thompson, Jared) (Entered: 03/08/2018)
2018-03-0923MEMO ENDORSEMENT: on re: 22 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/08/2018) (ama) (Entered: 03/09/2018)
2018-04-2624JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Natural Resources Defense Council and U.S. Consumer Product Safety Commission dated 4/26/2018 re: Joint Status Report. Document filed by Natural Resources Defense Council, Inc..(Thompson, Jared) (Entered: 04/26/2018)
2018-04-3025STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: NOW, THEREFORE, the Parties hereby stipulate and agree as follows: As soon as reasonably practicable after the Court has approved and docketed this Stipulation of Settlement and Order of Dismissal, the CPSC shall pay the sum of three thousand dollars ($3,000.00) to NRDC in settlement of NRDC's claims for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for NRDC will provide the necessary information for the CPSC to effectuate the transfer. This Stipulation of Settlement and Order of Dismissal shall constitute the full and complete satisfaction of any and all claims on behalf of NRDC arising from (a) the FOIA Request and the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that NRDC has brought, could bring, or could have brought against the CPSC regarding the FOIA Request and NRDC's claims in this case, or any other proceeding involving the claims raised in this action, including all claims for attorneys' fees and costs. Any and all remaining issues in this litigation are waived by the Parties. This action is hereby dismissed with prejudice and without any costs or fees except as provided in paragraph 1 of this Stipulation of Settlement and Order of Dismissal, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation of Settlement and Order of Dismissal. And as set forth herein. The Clerk of Court is requested to close this case. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/30/2018) (ama) (Entered: 04/30/2018)
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by FOIA Project Staff