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Case TitleState of New York v. The U.S. Environmental Protection Agency
DistrictNorthern District of New York
CitySyracuse Albany
Case Number1:2020cv00742
Date Filed2020-07-02
Date Closed2021-07-29
JudgeSenior Judge Thomas J. McAvoy
PlaintiffState of New York
Case DescriptionThe State of New York submitted a FOIA request to the EPA for records concerning the implementation of Executive Order 13,771, which requires agencies to eliminate two regulations for every one promulgated. New York also requested a fee waiver. The agency acknowledged receipt of the request and denied New York's request for a fee waiver. The agency promised to process the request but after hearing nothing further from the agency, New York filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThe U.S. Environmental Protection Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-021COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against The U.S. Environmental Protection Agency (Filing fee $400 receipt number ANYNDC-5161467) filed by State of New York. (Attachments: # 1 Exhibit A - FOIL Request, # 2 Civil Cover Sheet)(pjh, ) (Entered: 07/02/2020)
2020-07-022G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/30/2020 at 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/23/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) (Entered: 07/02/2020)
2020-07-02Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (pjh, ) (Entered: 07/02/2020)
2020-07-023REQUEST FOR ISSUANCE OF SUMMONS(ES): State of New York is requesting summons(es) be issued as to (Attachments: # 1 Proposed Summons to US Attorney Civil Process Clerk, # 2 Proposed Summons to US Attorney General)(McGrath, Brendan) (Entered: 07/02/2020)
2020-07-064Summonses Issued as to The U.S. Environmental Protection Agency, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons for U.S. Attorney, # 2 Summons for U.S. Attorney General)(see) (Entered: 07/06/2020)
2020-08-075AFFIDAVIT of Service for Summons and Complaint served on The U.S. Environmental Protection Agency on July 27, 2020, filed by State of New York. (McGrath, Brendan) (Entered: 08/07/2020)
2020-08-10***Answer due date updated for The U.S. Environmental Protection Agency answer due 9/25/2020. (hmr) (Entered: 08/10/2020)
2020-09-086COURT NOTICE of Change in Conference Date/time: Based on the current answer deadline of 9/25/2020, the Initial Conference has been reset for 10/23/2020 @ 10:00 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/16/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) This Court conference will be conducted telephonically and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call.(tab) (Entered: 09/08/2020)
2020-09-237Letter Motion from Brendan McGrath for State of New York requesting Withdrawal of the "Related Case" designation submitted to Judge Christian F. Hummel . (McGrath, Brendan) (Entered: 09/23/2020)
2020-09-248TEXT ORDER granting 7 Letter Request from Brendan McGrath for State of New York requesting Withdrawal of the "Related Case" designation. Authorized by Magistrate Judge Christian F. Hummel on 9/24/2020. (tab) (Entered: 09/24/2020)
2020-09-259ANSWER to 1 Complaint, by The U.S. Environmental Protection Agency.(Moran, Christopher) (Entered: 09/25/2020)
2020-10-1610CIVIL CASE MANAGEMENT PLAN by State of New York. (McGrath, Brendan) (Entered: 10/16/2020)
2020-10-23Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 10/23/2020 by telephone. Appearances by AAG Brendan McGrath, for NYS; AUSA Christopher Moran and Michael Myers, Esq. for the Defendant. Pretrial deadlines are established and a Scheduling Order will be issued. (tab) (Entered: 10/30/2020)
2020-10-3011UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 Days (Non-Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 12/1/2020. Amended Pleadings due by 12/1/2020. Discovery due by 4/30/2021. Motions to be filed by 6/11/2021. Signed by Magistrate Judge Christian F. Hummel on 10/30/2020. (tab) (Entered: 10/30/2020)
2020-12-2912STIPULATION Order by State of New York submitted to Judge Christian F. Hummel. (McGrath, Brendan) (Entered: 12/29/2020)
2021-01-0313ORDER approving 12 Stipulation filed by State of New York. Case deadlines are stayed. Status Reports are due by 4/30/2021 and 4/8/2022. Signed by Magistrate Judge Christian F. Hummel on 12/30/2020. (tab) (Entered: 01/03/2021)
2021-04-2214STATUS REPORT by The U.S. Environmental Protection Agency. (Moran, Christopher) (Entered: 04/22/2021)
2021-04-2315ORDER approving 14 Status Report filed by The U.S. Environmental Protection Agency. [Status Report due by 7/30/2021]. Signed by Magistrate Judge Christian F. Hummel on 4/23/2021. (tab) (Entered: 04/23/2021)
2021-07-2816STIPULATION of Dismissal by State of New York submitted to Judge Thomas J. McAvoy. (McGrath, Brendan) (Entered: 07/28/2021)
2021-07-2917STIPULATION AND ORDER of Dismissal. Signed by Senior Judge Thomas J. McAvoy on 7/29/2021. (amt) (Entered: 07/29/2021)
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