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Case TitleNatural Resources Defense Council et al v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv11227
Date Filed2018-12-03
Date ClosedOpen
JudgeJudge Robert W. Sweet
PlaintiffNatural Resources Defense Council
PlaintiffEnvironmental Defense Fund
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning its OMEGA computer model pertaining to calculating costs for automobile manufacturers to comply with fleet-wide levels of greenhouse gas emissions. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-031COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-15994770)Document filed by Natural Resources Defense Council, Environmental Defense Fund. (Attachments: # 1 Exhibit Exhibit A - FOIA Request to EPA dated 2018.07.25, # 2 Exhibit Exhibit B - EPA letter dated 2018.08.21, # 3 Exhibit Exhibit C - Letter to EPA dated 2018.09.20)(Huffman, Peter) (Entered: 12/03/2018)
2018-12-032FILING 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, Natural Resources Defense Council. (Huffman, Peter) Modified on 12/4/2018 (pne). (Entered: 12/03/2018)
2018-12-033CIVIL COVER SHEET filed. (Huffman, Peter) (Entered: 12/03/2018)
2018-12-034RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Defense Fund, Natural Resources Defense Council.(Huffman, Peter) (Entered: 12/03/2018)
2018-12-035MOTION for Erin Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15994995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Environmental Defense Fund. (Attachments: # 1 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, # 2 Affidavit Affidavit in Support of Motion for Pro Hac Admission, # 3 Certificate of Good Standing)(Murphy, Erin) (Entered: 12/03/2018)
2018-12-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Erin Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15994995. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 12/04/2018)
2018-12-04CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. 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: 12/04/2018)
2018-12-04Magistrate Judge Debra C. Freeman 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: 12/04/2018)
2018-12-04Case Designated ECF. (pne) (Entered: 12/04/2018)
2018-12-04***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Peter Daniel Huffman to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): caption entered on summons requests does not match pleading caption; defendant name error; do not use abbreviations. 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: 12/04/2018)
2018-12-046REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint,. Document filed by Environmental Defense Fund, Natural Resources Defense Council. (Huffman, Peter) (Entered: 12/04/2018)
2018-12-047ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (pne) (Entered: 12/04/2018)
2018-12-178ORDER FOR ADMISSION PRO HAC VICE granting 5 Motion for Erin Murphy to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 12/13/2018) (rro) (Entered: 12/17/2018)
2018-12-2718STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (jca) (Entered: 01/02/2019)
2018-12-289NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of United States Environmental Protection Agency. (Dolinger, Samuel) (Entered: 12/28/2018)
2018-12-2810LETTER MOTION to Stay the case and to toll deadlines pending lapse in appropriations addressed to Judge Robert W. Sweet from Samuel Dolinger dated 12/28/2018. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A - Standing Order)(Dolinger, Samuel) (Entered: 12/28/2018)
2018-12-2811LETTER addressed to Judge Robert W. Sweet from Samuel Dolinger dated 12/28/2018 re: correction to initial letter dated December 28, 2018. Document filed by United States Environmental Protection Agency.(Dolinger, Samuel) (Entered: 12/28/2018)
2018-12-2812MOTION to Expedite ., MOTION for Partial Summary Judgment .( Responses due by 1/11/2019) Document filed by Environmental Defense Fund, Natural Resources Defense Council. Return Date set for 1/16/2019 at 12:00 PM.(Huffman, Peter) (Entered: 12/28/2018)
2018-12-2813MEMORANDUM OF LAW in Support re: 12 MOTION to Expedite . MOTION for Partial Summary Judgment . . Document filed by Environmental Defense Fund, Natural Resources Defense Council. (Huffman, Peter) (Entered: 12/28/2018)
2018-12-2814NOTICE of Rule 56.1 Statement re: 12 MOTION to Expedite . MOTION for Partial Summary Judgment .. Document filed by Environmental Defense Fund, Natural Resources Defense Council. (Huffman, Peter) (Entered: 12/28/2018)
2018-12-2815DECLARATION of Peter Huffman in Support re: 12 MOTION to Expedite . MOTION for Partial Summary Judgment .. Document filed by Environmental Defense Fund, Natural Resources Defense Council. (Attachments: # 1 Exhibit March 2018 Letter to EPA, # 2 Exhibit FOIA Submission Receipt, # 3 Exhibit EPA OMEGA Webpage, # 4 Exhibit OIRA Agenda Webpage, # 5 Exhibit OIRA Agenda - EPA Timetable)(Huffman, Peter) (Entered: 12/28/2018)
2018-12-2816LETTER addressed to Judge Robert W. Sweet from Plaintiffs dated 12/28/2018 re: Motion to Expedite. Document filed by Environmental Defense Fund, Natural Resources Defense Council.(Huffman, Peter) (Entered: 12/28/2018)
2018-12-3117AFFIDAVIT OF SERVICE. United States Environmental Protection Agency served on 12/10/2018. Service was made by MAIL. Document filed by Natural Resources Defense Council; Environmental Defense Fund. (Attachments: # 1 Exhibit A - Service Receipt (EPA), # 2 Exhibit B - Service Receipt (AG), # 3 Exhibit C - Service Receipt (USAO))(Huffman, Peter) (Entered: 12/31/2018)
2019-01-0319ORDER granting 10 Letter Motion to Stay. The stay is granted. Upon the funding of the defendant and it's counsel, the parties will meet and confer on the schedule for resolution of all pending matters. So ordered. (Signed by Judge Robert W. Sweet on 1/3/2019) (rro) (Entered: 01/03/2019)
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