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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv00175
Date Filed2018-01-09
Date Closed2018-11-16
JudgeJudge Analisa Torres
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning administrator Scott Pruitt's "State Action Tour." NRDC also requested a fee waiver. The agency acknowledged receipt of the request and granted NRDC's request for a fee waiver. However, after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, 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

2018-01-091COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-14555342)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Attachment A August 3, 2017 FOIA Request)(Marks, Nancy) (Entered: 01/09/2018)
2018-01-092CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 01/09/2018)
2018-01-093REQUEST 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: 01/09/2018)
2018-01-094RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 01/09/2018)
2018-01-095MOTION for Ian Paul Fisher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14556215. 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, # 2 Text of Proposed Order, # 3 Affidavit)(Fisher, Ian) (Entered: 01/09/2018)
2018-01-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Ian Paul Fisher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14556215. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 01/10/2018)
2018-01-10CASE 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 . (pc) (Entered: 01/10/2018)
2018-01-10Magistrate Judge Barbara C. Moses 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: 01/10/2018)
2018-01-10Case Designated ECF. (pc) (Entered: 01/10/2018)
2018-01-106ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (pc) (Entered: 01/10/2018)
2018-01-107INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 2/7/2018 at 11:40 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/10/2018) (mro) (Entered: 01/10/2018)
2018-01-178ORDER granting 5 Motion for Ian Paul Fisher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN) (Entered: 01/17/2018)
2018-01-229NOTICE OF APPEARANCE by Michael James Byars on behalf of United States Environmental Protection Agency. (Byars, Michael) (Entered: 01/22/2018)
2018-01-2910LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from AUSA Michael J. Byars dated January 29, 2018. Document filed by United States Environmental Protection Agency.(Byars, Michael) (Entered: 01/29/2018)
2018-01-3011ORDER granting 10 Letter Motion to Adjourn Conference. GRANTED. The initial pretrial conference scheduled for February 7, 2018 is ADJOURNED to February 21, 2018, at 11:20 a.m. By February 14, 2018, the parties shall file their joint letter and proposed schedule for production and briefing. Initial Conference set for 2/21/2018 at 11:20 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/30/2018) (cf) (Entered: 01/30/2018)
2018-02-0112AFFIDAVIT OF SERVICE (FOIA CASE). United States Environmental Protection Agency served on 1/10/2018, answer due 2/9/2018. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Exhibit A - EPA Service, # 2 Exhibit Exhibit B - Attorney General Service, # 3 Exhibit Exhibit C - US Attorney Civil Process Clerk Service)(Fisher, Ian) (Entered: 02/01/2018)
2018-02-1213ANSWER to 1 Complaint,. Document filed by United States Environmental Protection Agency.(Byars, Michael) (Entered: 02/12/2018)
2018-02-1414JOINT LETTER addressed to Judge Analisa Torres from AUSA Michael J. Byars dated February 14, 2018 re: information required for February 21, 2018 initial pretrial conference (see ECF Nos. 7, 11). Document filed by United States Environmental Protection Agency.(Byars, Michael) (Entered: 02/14/2018)
2018-02-2115Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 2/21/2018. The EPA shall release responsive records on a rolling basis by June 5, 2018 . The parties shall submit a status letter on any remaining issues to the Court by June 19, 2018 . (DN) (Entered: 02/21/2018)
2018-05-0916LETTER MOTION for Extension of Time to release non-exempt, responsive rescords addressed to Judge Analisa Torres from AUSA Michael J. Byars dated May 9, 2018. Document filed by United States Environmental Protection Agency.(Byars, Michael) (Entered: 05/09/2018)
2018-05-1017ORDER granting 16 Letter Motion for Extension of Time. GRANTED. (Signed by Judge Analisa Torres on 5/10/2018) (cf) (Entered: 05/10/2018)
2018-07-1318LETTER addressed to Judge Analisa Torres from Ian Fisher dated July 13, 2018 re: Joint Status Letter. Document filed by Natural Resources Defense Council, Inc..(Fisher, Ian) (Entered: 07/13/2018)
2018-07-2719LETTER addressed to Judge Analisa Torres from Ian Fisher dated July 27, 2018 re: Joint Status Letter. Document filed by Natural Resources Defense Council, Inc..(Fisher, Ian) (Entered: 07/27/2018)
2018-07-2720MEMO ENDORSEMENT on re: 19 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 7/27/2018) (cf) (Entered: 07/27/2018)
2018-08-1721LETTER addressed to Judge Analisa Torres from Ian Fisher dated August 17, 2018 re: Joint Status Letter. Document filed by Natural Resources Defense Council, Inc..(Fisher, Ian) (Entered: 08/17/2018)
2018-08-1722MEMO ENDORSEMENT on re: 21 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 8/17/2018) (cf) (Entered: 08/17/2018)
2018-09-2723LETTER addressed to Judge Analisa Torres from AUSA Michael J. Byars dated September 27, 2018 re: joint status letter (see ECF No. 22). Document filed by United States Environmental Protection Agency.(Byars, Michael) (Entered: 09/27/2018)
2018-09-2724MEMO ENDORSEMENT on re: 23 Letter filed by United States Environmental Protection Agency. ENDORSEMENT: GRANTED. (Signed by Judge Analisa Torres on 9/27/2018) (cf) (Entered: 09/27/2018)
2018-10-2525LETTER addressed to Judge Analisa Torres from AUSA Michael J. Byars dated October 25, 2018 re: joint status letter (see ECF No. 24). Document filed by United States Environmental Protection Agency.(Byars, Michael) (Entered: 10/25/2018)
2018-10-2626MEMO ENDORSEMENT on re: 25 LETTER addressed to Judge Analisa Torres from AUSA Michael J. Byars dated October 25, 2018 re: Joint status letter (see ECF No. 24). Document filed by United States Environmental Protection Agency. ENDORSEMENT: Granted. So ordered. (Signed by Judge Analisa Torres on 10/26/2018) (rjm). (Entered: 10/26/2018)
2018-11-1627PROPOSED STIPULATION AND ORDER. Document filed by United States Environmental Protection Agency. (Byars, Michael) (Entered: 11/16/2018)
2018-11-1628STIPULATION AND ORDER: NOW, THEREFORE, the parties hereby stipulate and agree as follows: As soon as reasonably practicable after the Court has approved and docketed this Stipulation, the Government shall pay to NRDC the sum of five thousand two hundred fifty dollars ($5,250.00) for attorney's fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by NRDC for attorney's 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 Government to effectuate the transfer. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. This Stipulation constitutes the full and complete satisfaction of any and all claims on behalf of NRDC arising from (a) the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that NRDC has brought or could have brought against the Government regarding NRDC's claims in this case, including all claims for attorney's fees and costs. Any and all remaining issues in this litigation are waived by all parties. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 2 of this Stipulation, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation. This Stipulation does not constitute an admission of liability or fault on the part of the Government and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation and further set forth in this Order. (Signed by Judge Analisa Torres on 11/16/2018) (rro) (Entered: 11/16/2018)
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