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Case TitleNatural Resources Defense Council, Inc. v. United States Enviornmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv09639
Date Filed2014-12-05
Date Closed2015-06-19
JudgeJudge Gregory H. Woods
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted two FOIA requests to the EPA for records concerning the agency's implementation of two provisions of the Clean Water Act. NRDC also requested a fee waiver. The agency acknowledged receipt of both requests and granted NRDC a fee waiver. However, after hearing nothing further from the agency pertaining to either request, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Enviornmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-051COMPLAINT against United States Enviornmental Protection Agency. (Filing Fee $ 350.00, Receipt Number 465401111496)Document filed by Natural Resources Defense Council, Inc..(moh) (Entered: 12/08/2014)
2014-12-05SUMMONS ISSUED as to United States Enviornmental Protection Agency, U.S. Attorney and U.S. Attorney General. (moh) (Entered: 12/08/2014)
2014-12-05Magistrate Judge Andrew J. Peck is so designated. (moh) (Entered: 12/08/2014)
2014-12-05Case Designated ECF. (moh) (Entered: 12/08/2014)
2014-12-052CIVIL COVER SHEET filed. (moh) (Entered: 12/08/2014)
2014-12-113MOTION for Jared E. Knicley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10400628. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit VA Certificate of Good Standing, # 2 Text of Proposed Order)(Knicley, Jared) (Entered: 12/11/2014)
2014-12-11>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 3 MOTION for Jared E. Knicley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10400628. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi) (Entered: 12/11/2014)
2014-12-124ORDER granting 3 Motion for Jared E. Knicley to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 12/12/2014)
2014-12-245NOTICE OF APPEARANCE by Dominika Natalia Tarczynska on behalf of United States Enviornmental Protection Agency. (Tarczynska, Dominika) (Entered: 12/24/2014)
2014-12-246CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Gregory H. Woods from Dominika Tarczynska dated December 24, 2014. Document filed by United States Enviornmental Protection Agency.(Tarczynska, Dominika) (Entered: 12/24/2014)
2014-12-247ORDER granting 6 Letter Motion for Extension of Time to Answer. Application granted. The deadline for defendant to answer or otherwise respond to the complaint is extended to February 6, 2015. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 12/24/2014)
2015-01-058RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 01/05/2015)
2015-01-059AFFIDAVIT OF SERVICE. United States Enviornmental Protection Agency served on 12/10/2014, answer due 2/6/2015. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Ex. A to Affidavit of Service of Summons and Compl., # 2 Exhibit Ex. B to Affidavit of Service of Summons and Compl., # 3 Exhibit Ex. C to Affidavit of Service of Summons and Compl.)(Knicley, Jared) (Entered: 01/05/2015)
2015-01-0710NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/17/2015 at 03:00 PM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/7/2015) (kgo) (Entered: 01/07/2015)
2015-02-0511CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Dominika Tarczynska dated February 5, 2015. Document filed by United States Enviornmental Protection Agency.(Tarczynska, Dominika) (Entered: 02/05/2015)
2015-02-0612ORDER granting 11 Letter Motion for Extension of Time to Answer. Application granted. United States Enviornmental Protection Agency answer due 2/20/2015. (Signed by Judge Gregory H. Woods on 2/6/2015) (kgo) (Entered: 02/06/2015)
2015-02-1013JOINT LETTER addressed to Judge Gregory H. Woods from Jared Knicley and Dominika Tarczynska dated February 10, 2015 re: joint statement of the case and prospect of settlement as required by this Court's Order of January 7, 2015. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 02/10/2015)
2015-02-1214NOTICE OF APPEARANCE by Mitchell S. Bernard on behalf of Natural Resources Defense Council, Inc.. (Bernard, Mitchell) (Entered: 02/12/2015)
2015-02-1715ORDER: As discussed during a February 17, 2015 conference, the Court understands the parties are conferring in an attempt to resolve this case without the need for motion practice. In the event they are not successful, motions for summary judgment will be due no later than April 3, 2015. Any party wishing to file such a motion must submit a pre-motion submission in accordance with the Court's Individual Rule 2(C). ( Motions due by 4/3/2015.) (Signed by Judge Gregory H. Woods on 2/17/2015) (mro) (Entered: 02/18/2015)
2015-02-17Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 2/17/2015. (Court Reporter Khris Sellin) (Daniels, Anthony) (Entered: 02/18/2015)
2015-02-2016ANSWER to 1 Complaint. Document filed by United States Enviornmental Protection Agency.(Tarczynska, Dominika) (Entered: 02/20/2015)
2015-04-0217JOINT LETTER addressed to Judge Gregory H. Woods from Jared Knicley and Dominika Tarczynska dated April 2, 2015 re: parties' agreement on production schedule and status of production and claimed exemptions. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 04/02/2015)
2015-04-21Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 4/21/2015. (Court Reporter Eve Giniger) (Daniels, Anthony) (Entered: 04/21/2015)
2015-04-2318ORDER: The Court orders the following schedule, which the parties have agreed upon, for the Environmental Protection Agency ("EPA") to produce the remaining records responsive to the Natural Resources Defense Council's ("NRDC") April 30, 2014 Freedom of Information Act ("FOIA") request: by May 8, 2015 the EPA shall produce responsive email records identified via "regulat*" AND "hazardous substances" search terms; and by June 5, 2015, the EPA shall produce a Vaughn index setting forth any documents that it is withholding under an applicable FOIA exemption. The Court having granted all the relief plaintiff requested in its complaint, other than the grant of attorney's fees, for which no request has yet been made, and there being no presently existing dispute with respect to the EPAs response, the NRDC is hereby ORDERED TO SHOW CAUSE by April 29, 2015 as to why this action should not be closed. (Signed by Judge Gregory H. Woods on 4/22/2015) (kko) (Entered: 04/23/2015)
2015-04-2919RESPONSE TO ORDER TO SHOW CAUSE re: 18 Order to Show Cause,,,,. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Knicley, Jared) (Entered: 04/29/2015)
2015-05-1220ORDER. The Court appreciates plaintiff's response to its order to show cause as to why this case should not be closed. The production schedule the Court ordered on April 21, 2015 remains in place and is set to conclude on June 5, 2015, by which time the government must produce a Vaughn index of any withheld documents. The parties are ordered to submit a joint letter advising the Court whether additional briefing will be necessary to resolve disputes over the government's claimed exemptions no later than June 19, 2015. (Signed by Judge Gregory H. Woods on 5/12/2015) (rjm) (Entered: 05/13/2015)
2015-06-0521CONSENT LETTER MOTION for Extension of Time to provide Vaughn Index addressed to Judge Gregory H. Woods from Dominika Tarczynska dated June 5, 2015. Document filed by United States Enviornmental Protection Agency.(Tarczynska, Dominika) (Entered: 06/05/2015)
2015-06-0822ORDER granting 21 Letter Motion for Extension of Time to provide Vaughn Index addressed to Judge Gregory H. Woods from Dominika Tarczynska dated June 5, 2015. Despite the lateness of this request and the fact that the deadline has now passed, the government's request for an extension until June 10, 2015 is granted. Counsel is reminded of the Court's Individual Rule 1.E, which requires that all requests for adjournments or extensions of time be made at least two business days in advance of the deadline. (Signed by Judge Gregory H. Woods on 6/8/2015) (kko) (Entered: 06/08/2015)
2015-06-1923JOINT LETTER addressed to Judge Gregory H. Woods from Jared Knicley and Dominika Tarczynska dated June 19, 2015 re: parties' resolution of merits of this case and NRDC's unopposed proposed schedule for parties to resolve attorneys' fees and costs without judicial intervention. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 06/19/2015)
2015-06-1924MEMO ENDORSEMENT on re: 23 Letter, filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The Court understands the parties have resolved the merits of this case. As soon as possible but no later than July 24, 2015, the parties should file a joint status letter regarding the status of their discussions regarding attorney's fees. If the issue of fees cannot be resolved through mutual agreement, plaintiff may file a motion for attorney's fees no later than August 7, 2015. If plaintiff files such a motion, the government's opposition must be filed within two weeks of the date of service, and plaintiff's reply, if any, must be filed within one week of the date of service of the government's opposition. The Clerk of Court is directed to close this case. (Signed by Judge Gregory H. Woods on 6/19/2015) (mro) (Entered: 06/22/2015)
2015-06-19Set/Reset Deadlines: Motions due by 8/7/2015. (mro) (Entered: 06/22/2015)
2015-07-2425JOINT LETTER addressed to Judge Gregory H. Woods from Jared Knicley and Dominika Tarczynska dated July 24, 2015 re: status of fee negotiations as required by this Court's June 19, 2015 Order. Document filed by Natural Resources Defense Council, Inc..(Knicley, Jared) (Entered: 07/24/2015)
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