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Case TitleNatural Resources Defense Council v. United States Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv03519
Date Filed2017-05-11
Date Closed2018-08-07
JudgeJudge Lewis A. Kaplan
PlaintiffNatural Resources Defense Council
Case DescriptionThe Natural Resources Defense Council submitted FOIA requests to the EPA for records concerning various issues involving EPA administrator Scott Pruitt's actions. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2017-05-111COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-13650345)Document filed by Natural Resources Defense Council.(Rahm, Catherine) (Entered: 05/11/2017)
2017-05-112CIVIL COVER SHEET filed. (Rahm, Catherine) (Entered: 05/11/2017)
2017-05-113REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council. (Rahm, Catherine) (Entered: 05/11/2017)
2017-05-114RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council.(Rahm, Catherine) (Entered: 05/11/2017)
2017-05-12CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 . (jvs) (Entered: 05/12/2017)
2017-05-12Magistrate 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: http://nysd.uscourts.gov/forms.php . (jvs) (Entered: 05/12/2017)
2017-05-12Case Designated ECF. (jvs) (Entered: 05/12/2017)
2017-05-125ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (jvs) (Entered: 05/12/2017)
2017-05-316NOTICE OF APPEARANCE by Dominika Natalia Tarczynska on behalf of United States Environmental Protection Agency. (Tarczynska, Dominika) (Entered: 05/31/2017)
2017-06-137ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/12/2017 at 11:00 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 6/12/2017) (mro) (Entered: 06/13/2017)
2017-06-198ANSWER to 1 Complaint. Document filed by United States Environmental Protection Agency.(Tarczynska, Dominika) (Entered: 06/19/2017)
2017-06-219AFFIDAVIT OF SERVICE. United States Environmental Protection Agency served on 5/12/2017, answer due 6/2/2017. Service was made by Mail. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rahm, Catherine) (Entered: 06/21/2017)
2017-07-12Minute Entry for proceedings held before Judge Lewis A. Kaplan: Case Management Conference held on 7/12/2017. The parties shall submit a status update letter to chambers on or before 7/18/17. (Mohan, Andrew) (Entered: 07/12/2017)
2017-07-2010ENDORSED LETTER addressed to Judge Lewis A. Kaplan from [JOON H. KIM] Dominika Tarczynska and Catherine Marlantes Rahm dated 7/18/2017 re: The Parties have conferred regarding a proposed schedule for EPA to provide responses to the four FOIA requests that are at issue in this litigation and have agreed to the following. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis A. Kaplan on 7/20/2017) (anc) (Entered: 07/20/2017)
2017-08-2911LETTER MOTION for Extension of Time to respond to FOIA Requests addressed to Judge Lewis A. Kaplan from Dominika Tarczynska dated August 29, 2017. Document filed by United States Environmental Protection Agency.(Tarczynska, Dominika) (Entered: 08/29/2017)
2017-08-3012LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from Catherine Marlantes Rahm dated August 30, 2017 re: 11 LETTER MOTION for Extension of Time to respond to FOIA Requests addressed to Judge Lewis A. Kaplan from Dominika Tarczynska dated August 29, 2017. . Document filed by Natural Resources Defense Council. (Rahm, Catherine) (Entered: 08/30/2017)
2017-08-3013ORDER granting 11 Letter Motion for Extension of Time. Request GRANTED. (Signed by Judge Valerie E. Caproni Part I on 8/30/2017) (kgo) (Entered: 08/30/2017)
2017-09-2214MOTION for a FOIA production deadline . Document filed by Natural Resources Defense Council.(Rahm, Catherine) (Entered: 09/22/2017)
2017-09-2215MEMORANDUM OF LAW in Support re: 14 MOTION for a FOIA production deadline . . Document filed by Natural Resources Defense Council. (Rahm, Catherine) (Entered: 09/22/2017)
2017-09-2216DECLARATION of Catherine Rahm in Support re: 14 MOTION for a FOIA production deadline .. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A (Interview Transcript), # 2 Exhibit B (House Letter), # 3 Exhibit C (FOIA Request), # 4 Exhibit D (EPA Letter), # 5 Exhibit E (DOJ Memo), # 6 Exhibit F (Comments), # 7 Exhibit G (Complaint))(Rahm, Catherine) (Entered: 09/22/2017)
2017-10-0617STIPULATION AND ORDER GRANTING EXTENSION OF TIME FOR DEFENDANT TO FILE OPPOSITION BRIEF: It is hereby STIPULATED AND AGREED as follows: 1. The deadline for Defendant to file a response to Plaintiff's Motion for a FOIA Production Deadline is extended to October 11, 2017; and 2. The deadline for Plaintiff to file reply papers in further support of its Motion for a FOIA Production deadline is extended to October 19, 2017. ( Responses due by 10/11/2017, Replies due by 10/19/2017.) (Signed by Judge Lorna G. Schofield, Part I Judge, on 10/6/2017) (mro) (Entered: 10/10/2017)
2017-10-1118MEMORANDUM OF LAW in Opposition re: 14 MOTION for a FOIA production deadline . . Document filed by United States Environmental Protection Agency. (Tarczynska, Dominika) (Entered: 10/11/2017)
2017-10-1119FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 21 Declaration) - DECLARATION of Brian Hope in Support re: 14 MOTION for a FOIA production deadline .. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tarczynska, Dominika) Modified on 10/16/2017 (db). (Entered: 10/11/2017)
2017-10-1120DECLARATION of AUSA Dominika Tarczynska in Opposition re: 14 MOTION for a FOIA production deadline .. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Tarczynska, Dominika) (Entered: 10/11/2017)
2017-10-1221DECLARATION of Brian Hope in Opposition re: 14 MOTION for a FOIA production deadline .. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Tarczynska, Dominika) (Entered: 10/12/2017)
2017-10-1922REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for a FOIA production deadline . . Document filed by Natural Resources Defense Council. (Rahm, Catherine) (Entered: 10/19/2017)
2018-04-0223ORDER: Plaintiff's motion for a November 2017 production deadline [DI 14] is denied. Defendant shall produce to the plaintiff all responsive documents by June 30, 2018, in accordance with the schedule proposed by the defendant in its October 11, 2017 submission. (Signed by Judge Lewis A. Kaplan on 3/30/2018) (kgo) (Entered: 04/02/2018)
2018-05-1424STATUS REPORT. Document filed by Natural Resources Defense Council.(Rahm, Catherine) (Entered: 05/14/2018)
2018-08-0725STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: THEREFORE, the parties stipulate and agree as follows: As soon as practicable after the Court has approved and docketed this Stipulation as an Order of the Court, Defendant shall pay Plaintiff $4,000 in settlement of Plaintiff's claims for fees and costs in this matter. This sum shall be the full and final satisfaction of Plaintiffs' rights and claims in this case and is inclusive of any interest. Defendant shall have no liability for any further amounts or relief; and as further set forth herein. This Stipulation shall be effective only upon entry as a Court order retaining jurisdiction to enforce the terms herein and dismissing all claims in this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/4/2018) (anc) (Entered: 08/08/2018)
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