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Case TitleState of New York v. The U.S. Department of the Interior et al
DistrictNorthern District of New York
CitySyracuse Albany
Case Number1:2019cv01551
Date Filed2019-12-16
Date Closed2021-06-21
JudgeJudge David N. Hurd
PlaintiffState of New York
Case DescriptionThe State of New York submitted a FOIA request to the Department of Interior for records concerning the agency's implementation of E.O. 13,771 on regulatory reform, particularly communications with OMB. The State also requested a fee waiver. The agency acknowledged receipt of the request. The State of New York sent a second FOIA request to OMB for records concerning communications between the agency and the Department of Interior, Department of Energy, and the EPA pertaining to implementation of E.O. 13,771. The State also requested a fee waiver. OMB acknowledged receipt of the request. After hearing nothing further from either agency, the State of New York filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThe U.S. Department of the Interior
DefendantThe U.S. Office of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-161COMPLAINT for Declaratory and Injunctive Relief against The U.S. Department of the Interior, The U.S. Office of Management and Budget (Filing fee $400 receipt number ANYNDC-4974206) filed by State of New York. (Attachments: # 1 Exhibit A NYSOAG FOIA Request to DOI, # 2 Exhibit B NYSOAG FOIA Request to OMB, # 3 Civil Cover Sheet)(hmr) (Entered: 12/17/2019)
2019-12-172Summonses Issued as to The U.S. Department of the Interior, The U.S. Office of Management and Budget. (Attachments: # 1 Summons Issued for The U.S. Office of Management and Budget, # 2 Summons Issued for United States Attorney General, # 3 Summons Issued for United States Attorney)(hmr) (Entered: 12/17/2019)
2019-12-173G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/17/2020 at 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/10/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 12/17/2019)
2020-02-054AFFIDAVIT of Service for Summons and Complaint served on The U.S. Office of Management and Budget, The U.S. Department of the Interior, United States Attorney General, Civil Process Clerk for the U.S. Attorney's Office in the Northern District of New York on January 30, 2020, filed by State of New York. (McGrath, Brendan) (Entered: 02/05/2020)
2020-02-06***Answer due date set for The U.S. Department of the Interior answer due 3/30/2020 and The U.S. Office of Management and Budget answer due 3/30/2020. (kmp) (Entered: 02/06/2020)
2020-02-105TEXT ORDER: On February 5, 2020, Plaintiff filed proof of service of the Summons and Complaint upon Defendants in this matter. Dkt. No. 4 . The deadline for Defendants to respond to Plaintiff's Complaint is March 30, 2020. The Rule 16 Initial Conference scheduled for March 17, 2020 before the undersigned and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date and will be rescheduled upon the filing of Defendants' Answers. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/10/2020. (mab) (Entered: 02/10/2020)
2020-03-306NOTICE of Appearance by Michael Drezner on behalf of All Defendants (Drezner, Michael) (Entered: 03/30/2020)
2020-03-307ANSWER to 1 Complaint, by The U.S. Department of the Interior, The U.S. Office of Management and Budget.(Drezner, Michael) (Entered: 03/30/2020)
2020-04-168TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for May 7, 2020 at 10:00 AM before the undersigned and will be conducted by TELEPHONE. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before April 30, 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. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/16/2020. (mab) (Entered: 04/16/2020)
2020-04-309CIVIL CASE MANAGEMENT PLAN by State of New York. (McGrath, Brendan) (Main Document 9 replaced on 5/1/2020) (kmp, ). (Entered: 04/30/2020)
2020-05-01CLERK'S CORRECTION OF DOCKET ENTRY regarding the # 9 CIVIL CASE MANAGEMENT PLAN. Clerk replaced this document with a flattened version, so that no changes could be made to the document. (kmp) (Entered: 05/01/2020)
2020-05-01TEXT NOTICE: Due to a conflict in the Court's calendar, the Rule 16 Initial Conference in this matter is RESCHEDULED to May 8, 2020 at 11:00 AM before Magistrate Judge Daniel J. Stewart and will be conducted by TELEPHONE. Counsel are to use the instructions to connect to the conference call previously issued on April 16, 2020. (mab) (Entered: 05/01/2020)
2020-05-08Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule Initial Pretrial Conference held on 5/8/2020. Appearances: AAG Brendan McGrath and AAG Michael Myers, Esq. for Plaintiff; Michael Drezner, Esq. for Defendant. Counsel advise the Court that they have conferred and agreed to a rolling discovery production of the documents at issue in this case. After hearing from counsel, the Court agrees that counsel are to work together to complete the rolling discovery and to resolve this matter. The Court does not believe deadlines are appropriate in this case at this time and will not issue a Scheduling Order. Counsel are to file a Status Report by May 22, 2020. (TIME: 11:02AM-11:14AM). (mab) (Entered: 05/12/2020)
2020-05-2010STATUS REPORT by State of New York. (McGrath, Brendan) (Entered: 05/20/2020)
2020-05-2211TEXT ORDER: The Court is in receipt of the Status Report filed on May 20, 2020. Dkt. No. 10 . Counsel are directed to further advise as to the status of this matter by August 21, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/22/2020. (mab) (Entered: 05/22/2020)
2020-08-2112STATUS REPORT (Joint) by The U.S. Department of the Interior, The U.S. Office of Management and Budget. (Drezner, Michael) (Entered: 08/21/2020)
2020-08-2613TEXT ORDER: The Court is in receipt of the Status Report filed on August 21, 2020. Dkt. No. 12 . Counsel are directed to further advise as to the status of this matter by November 23, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/26/2020. (mab) (Entered: 08/26/2020)
2020-11-2314STATUS REPORT by State of New York. (McGrath, Brendan) (Entered: 11/23/2020)
2021-02-1715STATUS REPORT Joint by State of New York. (McGrath, Brendan) (Entered: 02/17/2021)
2021-02-1816TEXT ORDER: The Court is in receipt of the Status Report filed on February 17, 2021. Dkt. No. 15 . Counsel are directed to further advise as to the status of this matter by April 5, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/18/2021. (mab) (Entered: 02/18/2021)
2021-04-12Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a status telephone conference was held on 4/12/2021. The Court reminded the parties as to the deadlines and schedules set forth in Orders [32, 36]. The parties advised that discovery is progressing well and depositions are being scheduled. Status reports shall be filed by 6/21/2021. Appearances: D. Lanouette, Esq., for Plaintiff; and J. Moore, Esq., for Defendants. (jdp ) (Entered: 04/13/2021)
2021-04-1217TEXT ORDER: The parties are directed to file status reports by 6/21/2021 regarding the progress of the litigation. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/12/2021. (jdp ) (Entered: 04/13/2021)
2021-04-1318STATUS REPORT by State of New York. (McGrath, Brendan) (Entered: 04/13/2021)
2021-04-1619TEXT ORDER: The Court is in receipt of the Status Report filed on April 13, 2021. Dkt. No. 18 . Counsel are directed to further advise as to the status of this matter by June 18, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/16/2021. (mab) (Entered: 04/16/2021)
2021-06-1720STIPULATION of Dismissal by State of New York submitted to Judge Daniel J. Stewart. (McGrath, Brendan) (Entered: 06/17/2021)
2021-06-2121ORDER ON STIPULATION OF DISMISSAL UNDER RULE 41(a)(1)(A)(ii). Signed by Judge David N. Hurd on 6/21/2021. (ptm) (Entered: 06/21/2021)
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by FOIA Project Staff
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