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Case TitleEnvironmental Defense Fund v. U.S. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv07085
Date Filed2018-08-07
Date ClosedOpen
JudgeJudge Richard J. Sullivan
PlaintiffEnvironmental Defense Fund
Case DescriptionThe Environmental Defense Fund submitted FOIA requests to the EPA for records concerning the agency's position on legislation developed by the House Science, Space & Technology Committee critical of the role of science. EDF also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests and granted EDF's request for a fee waiver, but denied its request for expedited processing. After hearing nothing further from the agency, EDF 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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-071FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-15417295)Document filed by Environmental Defense Fund. (Attachments: # 1 Exhibit March FOIA Request, # 2 Exhibit May FOIA Request, # 3 Exhibit March Confirmation, # 4 Exhibit March 29 Letter, # 5 Exhibit March FOIA Online, # 6 Exhibit May Confirmation, # 7 Exhibit May 10 Letter, # 8 Exhibit FOIA Online)(Andiman, Alexis) Modified on 8/8/2018 (pne). (Entered: 08/07/2018)
2018-08-072CIVIL COVER SHEET filed. (Andiman, Alexis) (Entered: 08/07/2018)
2018-08-073RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Defense Fund.(Andiman, Alexis) (Entered: 08/07/2018)
2018-08-074FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint,. Document filed by Environmental Defense Fund. (Andiman, Alexis) Modified on 8/8/2018 (pne). (Entered: 08/07/2018)
2018-08-075COMPLAINT against U.S. Environmental Protection Agency. Document filed by Environmental Defense Fund. (Attachments: # 1 Exhibit March FOIA Request, # 2 Exhibit May FOIA Request, # 3 Exhibit March Confirmation, # 4 Exhibit March 29 Letter, # 5 Exhibit March FOIA Online, # 6 Exhibit May Confirmation, # 7 Exhibit May 10 Letter, # 8 Exhibit FOIA Online)(Andiman, Alexis) (Entered: 08/07/2018)
2018-08-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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 . (pne) (Entered: 08/08/2018)
2018-08-08Magistrate 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 . (pne) (Entered: 08/08/2018)
2018-08-08Case Designated ECF. (pne) (Entered: 08/08/2018)
2018-08-08***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Alexis Charlotte Andiman to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reasons: caption entered on summons request does not exactly match caption on pleading; defendant name is incorrect on summons request caption; defendant name is incorrect on docket entry text; defendant name is incorrect in 'To' field on summons request PDF; "C/O" or "Via" must follow defendant name in 'To' field on summons request PDF. 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. (pne) (Entered: 08/08/2018)
2018-08-086MOTION for Surbhi Sarang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15425500. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Environmental Defense Fund. (Attachments: # 1 Affidavit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Sarang, Surbhi) (Entered: 08/08/2018)
2018-08-087REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 5 Complaint,. Document filed by Environmental Defense Fund. (Andiman, Alexis) (Entered: 08/08/2018)
2018-08-09>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Surbhi Sarang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15425500. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 08/09/2018)
2018-08-098ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (dnh) (Entered: 08/09/2018)
2018-08-099MEMO ENDORSEMENT granting 6 Motion for Surbhi Sarang to Appear Pro Hac Vice. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/9/2018) (rj) Modified on 8/10/2018 (rj). (Entered: 08/10/2018)
2018-09-0710AFFIDAVIT OF SERVICE of Summons and Complaint,. U.S. Environmental Protection Agency served on 8/31/2018, answer due 9/21/2018. Service was made by Mail. Document filed by Environmental Defense Fund. (Attachments: # 1 Exhibit A. Proof of Service (EPA), # 2 Exhibit B. Proof of Service (Jeff Sessions), # 3 Exhibit C. Proof of Service (Geoffrey S. Berman), # 4 Exhibit D. Proof of Service (Civil Process Clerk, S.D.N.Y.))(Andiman, Alexis) (Entered: 09/07/2018)
2018-09-0711MOTION for Carrie Faye Apfel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15543453. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Environmental Defense Fund. (Attachments: # 1 Affidavit In Support of Motion for Admission to Practice Pro Hac Vice, # 2 Text of Proposed Order Proposed Order for Admission to Practice Pro Hac Vice, # 3 NY Certificate of Good Standing, # 4 DC Certificate of Good Standing)(Apfel, Carrie) (Entered: 09/07/2018)
2018-09-07>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Carrie Faye Apfel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15543453. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 09/07/2018)
2018-09-0812ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Carrie Faye Apfel to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 9/7/2018) (mro) (Entered: 09/10/2018)
2018-09-0913ORDER: The above-entitled matter has been assigned to my docket. Accordingly, IT IS HEREBY ORDERED THAT the parties shall appear for an initial conference on Friday, November 16, 2018 at 3:15 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, and as further set forth in this Order. So ordered. (Initial Conference set for 11/16/2018 at 03:15 PM in Courtroom 905, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan). (Signed by Judge Richard J. Sullivan on 9/9/2018) (rjm) (Entered: 09/10/2018)
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