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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv00900
Date Filed2020-02-03
Date ClosedOpen
JudgeJudge Andrew L. Carter, Jr
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning the content of speeches given by former EPA Administrator Scott Pruitt to groups outside the federal government, including the prepared text of speeches as well as notes taken during his remarks. NRDC also requested a fee waiver. Two years later, the agency told NRDC that it had located 94 responsive pages but was withholding them all under Exemption 5 (privileges). NRDC filed an administrative appeal of that decision. The agency responded to NRDC's appeal by upholding its deliberative process privilege claim but indicating as well that the agency's search was insufficient and a further search would be conducted. After hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Litigation - Attorney's fees, Public Interest Fee Waiver, Adequacy - Search

DefendantUnited States Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [16]
Opinion/Order [19]
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-031COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-18664736)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Exhibit A to Complaint, # 2 Exhibit Exhibit B to Complaint, # 3 Exhibit Exhibit C to Complaint, # 4 Exhibit Exhibit D to Complaint).(Gustafson, Robert) (Entered: 02/03/2020)
2020-02-032CIVIL COVER SHEET filed..(Gustafson, Robert) (Entered: 02/03/2020)
2020-02-033REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint,. Document filed by Natural Resources Defense Council, Inc...(Gustafson, Robert) (Entered: 02/03/2020)
2020-02-034RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc...(Gustafson, Robert) (Entered: 02/03/2020)
2020-02-04CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 02/04/2020)
2020-02-04Magistrate Judge Robert W. Lehrburger 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 02/04/2020)
2020-02-04Case Designated ECF. (jgo) (Entered: 02/04/2020)
2020-02-045ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency..(jgo) (Entered: 02/04/2020)
2020-02-046NOTICE OF APPEARANCE by Catherine Marlantes Rahm on behalf of Natural Resources Defense Council, Inc...(Rahm, Catherine) (Entered: 02/04/2020)
2020-03-047AFFIDAVIT OF SERVICE (FOIA CASE). United States Environmental Protection Agency served on 2/28/2020, answer due 3/30/2020. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Gustafson, Robert) (Entered: 03/04/2020)
2020-03-128NOTICE OF APPEARANCE by Michael James Byars on behalf of United States Environmental Protection Agency..(Byars, Michael) (Entered: 03/12/2020)
2020-03-179NOTICE OF APPEARANCE by Margaret T. Hsieh on behalf of Natural Resources Defense Council, Inc...(Hsieh, Margaret) (Entered: 03/17/2020)
2020-03-3110CONSENT LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated March 31, 2020. Document filed by United States Environmental Protection Agency..(Byars, Michael) (Entered: 03/31/2020)
2020-04-0211ORDER granting 10 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/2/2020) (rj) (Entered: 04/02/2020)
2020-04-02Set/Reset Deadlines: United States Environmental Protection Agency answer due 4/22/2020. (rj) (Entered: 04/02/2020)
2020-04-2212ANSWER to 1 Complaint,. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 04/22/2020)
2020-05-0513ORDER REFERRING CASE TO 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 Robert W. Lehrburger. (Signed by Judge Andrew L. Carter, Jr on 5/5/2020) (rj) (Entered: 05/05/2020)
2020-05-0614SCHEDULING ORDER: Initial Pretrial Conference via telephone set for 5/20/2020 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference line at (888)-398-2342 and enter pass code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (rsh) (Entered: 05/06/2020)
2020-05-1315JOINT LETTER MOTION to Adjourn Conference & Letter Regarding Case Management Plan addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated May 13, 2020. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 05/13/2020)
2020-05-1416ORDER granting 15 Letter Motion to Adjourn Conference. The Court hereby so-orders all deadlines proposed above. Accordingly, there is no need to hold an initial pretrial conference. The May 20, 2020 conference is hereby cancelled. If necessary, the parties are invited to reach out to the Court to schedule another conference. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/14/2020) (mml) (Entered: 05/15/2020)
2020-05-14Set/Reset Deadlines: Amended Pleadings due by 7/31/2020. Joinder of Parties due by 7/31/2020. (mml) (Entered: 05/15/2020)
2020-06-1017LETTER MOTION for Extension of Time for EPA to commence review of documents addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated June 10, 2020. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 06/10/2020)
2020-06-1718ORDER granting 17 LETTER MOTION for Extension of Time for EPA to commence review of documents addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated June 10, 2020. Document filed by United States Environmental Protection Agency. So ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 6/17/2020) (rjm) (Entered: 06/17/2020)
2020-09-1119ORDER: By September 21, 2020, the parties shall file a joint letter briefly updating the Court on the status of the instant matter. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/11/2020) Copies transmitted to all counsel of record. (kv) (Entered: 09/11/2020)
2020-09-2120JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated September 21, 2020 re: Joint Status Letter. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 09/21/2020)
2020-09-2221ORDER: Every sixty days, the parties shall file a joint status report updating the Court on the status of the instant matter. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/22/2020) Copies transmitted this date to all counsel of record. (mml) (Entered: 09/22/2020)
2020-11-1922NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 11/19/2020)
2020-11-2323STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 11/23/2020)
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by FOIA Project Staff
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