| Date Filed | Doc # | Docket Text |
|
| 2020-12-09 | 1 | COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 402.00, Receipt Number ANYSDC-22958884)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit FOIA Request).(Phillips, Lauren) (Entered: 12/09/2020) |
| 2020-12-09 | 2 | CIVIL COVER SHEET filed..(Phillips, Lauren) (Entered: 12/09/2020) |
| 2020-12-09 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 12/09/2020) |
| 2020-12-09 | 4 | STATEMENT OF RELATEDNESS re: that this action be filed as related to 16cv01251. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 12/09/2020) |
| 2020-12-09 | 5 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 12/09/2020) |
| 2020-12-10 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) (Entered: 12/10/2020) |
| 2020-12-10 | | Case Designated ECF. (pc) (Entered: 12/10/2020) |
| 2020-12-10 | | CASE REFERRED TO Judge Edgardo Ramos as possibly related to 16cv1251. (pc) (Entered: 12/10/2020) |
| 2020-12-10 | 6 | ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency..(pc) (Entered: 12/10/2020) |
| 2020-12-11 | | CASE ACCEPTED AS RELATED. Create association to 2:16-cv-01251-ER. Notice of Assignment to follow. (wb) (Entered: 12/11/2020) |
| 2020-12-11 | | NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 12/11/2020) |
| 2020-12-11 | | Magistrate Judge Gabriel W. Gorenstein 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 . (wb) (Entered: 12/11/2020) |
| 2020-12-15 | 7 | NOTICE OF APPEARANCE by Catherine Marlantes Rahm on behalf of Natural Resources Defense Council, Inc...(Rahm, Catherine) (Entered: 12/15/2020) |
| 2021-01-25 | 8 | ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency..(Hogan, Alexander) (Entered: 01/25/2021) |
| 2021-01-28 | 9 | LETTER addressed to Judge Edgardo Ramos from Natural Resources Defense Council dated 1/28/2021 re: Fee waiver claim. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 01/28/2021) |
| 2021-01-28 | 10 | CERTIFICATE OF SERVICE (FOIA CASE). United States Environmental Protection Agency served on 12/24/2020, answer due 1/25/2021. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Phillips, Lauren) (Entered: 01/28/2021) |
| 2021-03-25 | 11 | PROPOSED STIPULATION AND ORDER. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 03/25/2021) |
| 2021-03-25 | 12 | STIPULATION: 1. On December 9, 2020, plaintiff Natural Resources Defense Council (NRDC) filed the Complaint in this matter. In its Complaint, NRDC alleges that defendant United States Environmental Protection Agency (EPA) is violating the Freedom of Information Act by failing to timely disclose responsive records that NRDC requested regarding the contamination of Americans' drinking water with perchlorate. Compl., ECF No. 1, paragraph 1. 2. NRDC and EPA have since met and conferred to set a production schedule for the documents NRDC seeks. NRDC and EPA have agreed on the following partial production schedule: a. By April 7, 2021, EPA and NRDC will meet and confer to discuss production of responsive records housed in the Lotus Notes email system, other electronic records not transmitted by email, and hardcopy records. b. By April 14, 2021, EPA and NRDC will propose to the Court a final production deadline for any remaining documents, along with a log of any withheld records. c. By April 16, 2021, EPA will produce the next tranche of Outlook records to NRDC. 3. The parties respectfully request that the Court So-Order this partial production schedule. (Signed by Judge Edgardo Ramos on 3/25/2021) (mml) (Entered: 03/25/2021) |
| 2021-04-14 | 13 | LETTER MOTION for Extension of Time addressed to Judge Edgardo Ramos from Natural Resources Defense Council and U.S. Environmental Protection Agency dated April 14, 2021. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 04/14/2021) |
| 2021-04-14 | 14 | ORDER: granting 13 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/14/2021) (ama) (Entered: 04/14/2021) |
| 2021-05-05 | 15 | LETTER addressed to Judge Edgardo Ramos from Alexander J. Hogan dated May 5, 2021 re: status update. Document filed by United States Environmental Protection Agency..(Hogan, Alexander) (Entered: 05/05/2021) |
| 2021-05-05 | 16 | MEMO ENDORSEMENT on re: 15 Letter filed by United States Environmental Protection Agency. ENDORSEMENT: The Parties' proposed schedule is approved. Parties are directed to submit a further status report by June 1, 2021. (Signed by Judge Edgardo Ramos on 5/5/2021) (cf) (Entered: 05/06/2021) |
| 2021-06-01 | 17 | LETTER addressed to Judge Edgardo Ramos from Natural Resources Defense Council dated June 1, 2021 re: status update. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 06/01/2021) |
| 2021-06-02 | 18 | MEMO ENDORSEMENT on re: 17 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Edgardo Ramos on 6/2/2021) (cf) (Entered: 06/02/2021) |
| 2021-06-16 | 19 | LETTER addressed to Judge Edgardo Ramos from Natural Resources Defense Council dated June 16, 2021 re: status update. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 06/16/2021) |
| 2021-06-16 | 20 | MEMO ENDORSEMENT on re: 19 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Edgardo Ramos on 6/16/2021) (cf) (Entered: 06/16/2021) |
| 2021-09-15 | 21 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 09/15/2021) |
| 2021-09-16 | 22 | MEMO ENDORSEMENT on re: 21 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Edgardo Ramos on 9/16/2021) (ate) (Entered: 09/16/2021) |
| 2021-12-14 | 23 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 12/14/2021) |
| 2021-12-15 | 24 | MEMO ENDORSEMENT: on re: 23 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Edgardo Ramos on 12/15/2021) (ama) (Entered: 12/15/2021) |
| 2022-03-14 | 25 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 03/14/2022) |
| 2022-03-15 | 26 | MEMO ENDORSEMENT: on re: 25 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The parties are directed to submit a further status report by May 13, 2022. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/15/2022) (ama) (Entered: 03/15/2022) |
| 2022-03-15 | 27 | NOTICE OF APPEARANCE by Michelle Wu on behalf of Natural Resources Defense Council, Inc...(Wu, Michelle) (Entered: 03/15/2022) |
| 2022-05-13 | 28 | LETTER addressed to Judge Edgardo Ramos from Alexander J. Hogan dated May 13, 2022 re: status update. Document filed by United States Environmental Protection Agency..(Hogan, Alexander) (Entered: 05/13/2022) |
| 2022-05-17 | 29 | NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of United States Environmental Protection Agency..(Sun, Anthony) (Entered: 05/17/2022) |
| 2022-05-18 | 30 | MOTION for Catherine Marlantes Rahm to Withdraw as Attorney . Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Affidavit in Support of Motion to Withdraw, # 2 Text of Proposed Order Granting Motion to Withdraw).(Rahm, Catherine) (Entered: 05/18/2022) |
| 2022-05-19 | 31 | MEMO ENDORSEMENT on MOTION TO WITHDRAW CATHERINE RAHM AS COUNSEL: granting 30 Motion to Withdraw as Attorney. ENDORSEMENT: The undersigned's motion to withdraw as counsel is Granted. SO ORDERED. Attorney Catherine Marlantes Rahm terminated. (Signed by Judge Edgardo Ramos on 5/19/2022) (ama) (Entered: 05/19/2022) |
| 2022-05-25 | 32 | NOTICE of withdrawing appearance. Document filed by United States Environmental Protection Agency..(Hogan, Alexander) (Entered: 05/25/2022) |
| 2022-05-25 | 33 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Wu, Michelle) (Entered: 05/25/2022) |
| 2022-06-24 | 34 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Wu, Michelle) (Entered: 06/24/2022) |
| 2022-08-01 | 35 | MEMO ENDORSEMENT on re: 34 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The Court hereby grants parties' below-stipulated agreement. SO ORDERED. (Signed by Judge Edgardo Ramos on 8/1/2022) (ate) (Entered: 08/01/2022) |
| 2022-10-21 | 36 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Wu, Michelle) (Entered: 10/21/2022) |
| 2022-10-22 | 37 | MEMO ENDORSEMENT on re: 36 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The parties' request to submit a status update by December 9, 2022 is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/22/2022) (mml) (Entered: 10/24/2022) |
| 2022-12-09 | 38 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 12/09/2022) |
| 2023-01-25 | 39 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 01/25/2023) |
| 2023-01-26 | 40 | MEMO ENDORSEMENT on re: 39 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The parties' request to provide the Court another status update by March 3, 2023 is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/26/2023) (ate) (Entered: 01/26/2023) |
| 2023-03-02 | 41 | STATUS REPORT. Document filed by Natural Resources Defense Council, Inc...(Phillips, Lauren) (Entered: 03/02/2023) |
| 2023-03-03 | 42 | MEMO ENDORSEMENT: on re: 41 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The parties' request to file another status update or a stipulation of settlement and dismissal by May 5, 2023 is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/03/02023) (ama) (Entered: 03/03/2023) |
| 2023-05-04 | 43 | PROPOSED STIPULATION AND ORDER. Document filed by United States Environmental Protection Agency..(Sun, Anthony) (Entered: 05/04/2023) |
| 2023-05-04 | 44 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Plaintiff hereby releases and discharges EPA and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and allclaims and causes of action that Plaintiff asserted, or could have asserted, in this litigation arising out of the FOIA request. 2. EPA shall pay to Plaintiff the sum of THIRTY-THREE THOUSAND DOLLARS ($33,000.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment of any attorneys' fees and costs Plaintiff hasincurred or will incur in this action for services arising out of the FOIA request, performed up to the date of this Stipulation and Order. 3. This action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. 4. Nothing in this Stipulation and Order shall constitute an admission that EPA or the United States are liable for any attorneys' fees or litigation costs, or that Plaintiff "substantially prevailed" in this action under 5 U.S.C. § 552(a)(4)(E), or is entitled to or eligible for any attorneys' fees or litigation costs. This Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation concerning Plaintiff's claims, including claims for attorneys' fees and litigation costs. This Stipulation and Order is non-precedential with respect to any other proceeding involving the parties, including, but not limited to, any other FOIA action oradministrative proceeding, and shall have no effect or bearing on any pending or future request for records made by Plaintiff under FOIA. 5. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 6. The parties understand and agree that this Stipulation may be signed in counterparts, each of which constitutes an original and all of which constitute one and the same Stipulation. Facsimiles and/or PDFs of signatures shall have the same force and effect as original signatures and constitute acceptable, binding signatures for purposes of the Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/04/2023) (ama) (Entered: 05/04/2023) |
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