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Case TitleNatural Resources Defense Council, Inc. v. U.S. Department of Energy
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv07296
Date Filed2017-09-25
Date Closed2018-07-23
JudgeJudge Naomi Reice Buchwald
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the Department of Energy for records concerning the effect of President Trump's executive order cutting back on regulations on standards for portable air conditioners and other cooling equipment. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Energy
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-09-251COMPLAINT against U.S. Department of Energy. (Filing Fee $ 400.00, Receipt Number 0208-14166276)Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 09/25/2017)
2017-09-252CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 09/25/2017)
2017-09-253FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Energy, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) Modified on 9/26/2017 (rch). (Entered: 09/25/2017)
2017-09-254RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 09/25/2017)
2017-09-265MOTION for Daniel Nathan Carpenter-Gold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14168308. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit Affidavit in Support of Motion, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Carpenter-Gold, Daniel) (Entered: 09/26/2017)
2017-09-26>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Daniel Nathan Carpenter-Gold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14168308. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 09/26/2017)
2017-09-26***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nancy Sharman Marks. The party information for the following party/parties has been modified: U.S. Department of Energy. The information for the party/parties has been modified for the following reason/reasons: party names must be entered as they appear on complaint, no abbreviations. (rch) (Entered: 09/26/2017)
2017-09-26***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nancy Sharman Marks to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant's name in docket text must match defendant's name on summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch) (Entered: 09/26/2017)
2017-09-26CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . (rch) (Entered: 09/26/2017)
2017-09-26Magistrate Judge Kevin Nathaniel Fox 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 . (rch) (Entered: 09/26/2017)
2017-09-26Case Designated ECF. (rch) (Entered: 09/26/2017)
2017-09-266REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Energy, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Carpenter-Gold, Daniel) (Entered: 09/26/2017)
2017-09-267ORDER FOR ADMISSION PRO HAC VICE: granting 5 Motion for Daniel N. Carpenter-Gold to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 9/26/2017) (ap) (Entered: 09/26/2017)
2017-09-278ELECTRONIC SUMMONS ISSUED as to United States Department of Energy. (kl) (Entered: 09/27/2017)
2017-11-029NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States Department of Energy. (Kraemer, Talia) (Entered: 11/02/2017)
2017-11-0310AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Energy served on 10/10/2017, answer due 11/9/2017. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A accompanying declaration of service, # 2 Exhibit B accompanying declaration of service, # 3 Exhibit C accompanying declaration of service)(Carpenter-Gold, Daniel) (Entered: 11/03/2017)
2017-11-0611ANSWER to 1 Complaint. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 11/06/2017)
2017-11-0912NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/27/2017 at 02:45 PM in Courtroom 21A, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 11/9/2017) (kgo) (Entered: 11/09/2017)
2017-11-27Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 11/27/2017. (ade) (Entered: 11/28/2017)
2017-12-1113LETTER addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated 12/11/2017 re: Status update regarding search. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 12/11/2017)
2018-01-1714LETTER addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated 01/17/2018 re: Status update. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 01/17/2018)
2018-01-1915LETTER addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated 1/19/2018 re: Status update with production schedule. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 01/19/2018)
2018-01-2316MEMO ENDORSEMENT: on re: 15 Letter filed by United States Department of Energy. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/23/2018) (ap) (Entered: 01/23/2018)
2018-03-0517LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated March 5, 2018. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 03/05/2018)
2018-03-0618ORDER granting 17 LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated March 5, 2018. Document filed by United States Department of Energy. Application granted. (Signed by Judge Naomi Reice Buchwald on 3/6/2018). (rjm) (Entered: 03/06/2018)
2018-03-2619LETTER addressed to Judge Naomi Reice Buchwald from Daniel Carpenter-Gold dated March 26, 2018 re: status update. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 03/26/2018)
2018-04-1620LETTER addressed to Judge Naomi Reice Buchwald from Daniel Carpenter-Gold dated April 16, 2018 re: status update. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 04/16/2018)
2018-05-1121LETTER addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated May 11, 2018 re: Joint Status Update. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 05/11/2018)
2018-05-1422MEMO ENDORSEMENT: on re: 21 Letter filed by United States Department of Energy. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 5/14/2018) (ap) (Entered: 05/14/2018)
2018-05-2523LETTER addressed to Judge Naomi Reice Buchwald from Daniel Carpenter-Gold dated May 25, 2018 re: joint status update. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 05/25/2018)
2018-06-1524LETTER addressed to Judge Naomi Reice Buchwald from Daniel Carpenter-Gold dated June 15, 2018 re: joint status update. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 06/15/2018)
2018-07-1325LETTER addressed to Judge Naomi Reice Buchwald from Talia Kraemer dated 7/13/2018 re: Status update. Document filed by United States Department of Energy.(Kraemer, Talia) (Entered: 07/13/2018)
2018-07-1626MEMO ENDORSEMENT on re: 25 Letter filed by United States Department of Energy. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/16/2018) (ama) (Entered: 07/16/2018)
2018-07-2327STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: NOW, THEREFORE, the Parties hereby stipulate and agree as follows: In consideration for the release of NRDC' s claims and causes of action, as soon as reasonably practicable after the Court has approved and docketed this Stipulation of Settlement and Order of Dismissal ("Stipulation"), DOE shall pay the sum of six thousand and five hundred dollars ($6,500) to NRDC in settlement of NRDC's claims for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payments shall be made by electronic funds transfer, and counsel for NRDC will provide the necessary information for DOE to effectuate the transfer. Any obligation of DOE to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require DOE to obligate or pay funds in contravention of the Anti-Deficiency Act. This Stipulation shall constitute the full and complete satisfaction of any and all claims on behalf of NRDC arising from (a) the FOIA request and the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that NRDC has brought, could bring, or could have brought against DOE regarding the FOIA Request and NRDC's claims in this case, or any other proceeding involving the claims raised in this action, including all claims for attorneys' fees and costs. Any and all remaining issues in this litigation are waived by the Parties. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees except as provided in paragraph 1 of this Stipulation, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation. This Stipulation contains the entire agreement between the Parties, and no statement, representation, promise, or agreement, oral or otherwise, between the Parties or their counsel that is not included herein shall have any force or effect. And as set forth herein. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/23/2018) (ama) (Entered: 07/23/2018)
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