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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv09492
Date Filed2017-12-04
Date ClosedOpen
JudgeJudge Denise L. Cote
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning its red team, blue team exercise, and the development of a new protocol requiring political appointees to review grant solicitations. NRDC also requested a fee waiver. The EPA acknowledged receipt of the request and told the NRDC that no fees would be incurred in responding. 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

2017-12-041COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-14432906)Document filed by Natural Resources Defense Council, Inc..(Bernard, Mitchell) (Entered: 12/04/2017)
2017-12-042CIVIL COVER SHEET filed. (Bernard, Mitchell) (Entered: 12/04/2017)
2017-12-043FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Bernard, Mitchell) Modified on 12/5/2017 (pc). (Entered: 12/04/2017)
2017-12-044RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Bernard, Mitchell) (Entered: 12/04/2017)
2017-12-05***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mitchell S. Bernard. The party information for the following party/parties has been modified: Natural Resources Defense Council, Inc. and United States Environmental Protection Agency. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc) (Entered: 12/05/2017)
2017-12-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . (pc) (Entered: 12/05/2017)
2017-12-05Magistrate Judge Stewart A. Aaron 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 . (pc) (Entered: 12/05/2017)
2017-12-05Case Designated ECF. (pc) (Entered: 12/05/2017)
2017-12-05***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mitchell S. Bernard to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons must exactly match what is listed on the complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 12/05/2017)
2017-12-055REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Bernard, Mitchell) (Entered: 12/05/2017)
2017-12-066ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (vf) (Entered: 12/06/2017)
2017-12-077NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 3/2/2018 at 11:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.-Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 12/7/2017) (gr) (Entered: 12/07/2017)
2018-01-038NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of United States Environmental Protection Agency. (Poscablo, Christine) (Entered: 01/03/2018)
2018-01-169ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 01/16/2018)
2018-02-0610AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bernard, Mitchell) (Entered: 02/06/2018)
2018-03-02Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 3/2/2018. (gr) (Entered: 03/02/2018)
2018-03-1611LETTER addressed to Judge Denise L. Cote from Christine S. Poscablo dated March 16, 2018 re: Proposed Schedule for Processing FOIA Request and Summary Judgment Briefing and Request for Permission to Submit a Further Proposed Schedule for Processing FOIA Request on or before March 29, 2018. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 03/16/2018)
2018-03-2312MEMO ENDORSED LETTER addressed to Judge Cote from Christine S. Poscablo dated March 16, 2018 re: Proposed Schedule for Processing FOIA Request and Summary Judgment Briefing and Request for Permission to Submit a Further Proposed Schedule for Processing FOIA Request on or before March 29, 2018. So Ordered. (Signed by Judge Denise L. Cote on 3/23/2018) (gr) (Entered: 03/23/2018)
2018-03-2913LETTER addressed to Judge Denise L. Cote from Christine S. Poscablo dated March 29, 2018 re: Proposed Schedule for Processing FOIA Request. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 03/29/2018)
2018-03-3014ENDORSED LETTER addressed to Judge Denise L. Cote from Christine S. Poscablo dated March 29, 2018 re: Proposed Schedule for Processing FOIA Request: 6/15/2018: Interim production of priority documents; 7/16/2018: Final production of priority documents; 8/15/2018: Interim productions of remaining documents; 9/16/2018: Final production of remaining documents.... ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 3/29/2018) (gr) (Entered: 03/30/2018)
2018-08-2115NOTICE OF APPEARANCE by Nancy Sharman Marks on behalf of Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 08/21/2018)
2018-10-1116LETTER addressed to Judge Denise L. Cote from Christine S. Poscablo dated October 11, 2018 re: Request to Vacate Briefing Schedule and Permit Parties to Submit Settlement Agreement or Status Update by December 10, 2018. Document filed by United States Environmental Protection Agency.(Poscablo, Christine) (Entered: 10/11/2018)
2018-10-1617ENDORSED LETTER addressed to Judge Denise L. Cote Request to Vacate Briefing Schedule and Permit Parties to Submit Settlement Agreement or Status Update by December 10, 2018. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/15/2018) (gr) (Entered: 10/16/2018)
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