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Case TitleNatural Resources Defense Council, Inc. v. United States Department of Energy
DistrictSouthern District of New York
CityFoley Square
Case Number1:2024cv02113
Date Filed2024-03-21
Date ClosedOpen
JudgeJudge Jennifer L. Rochon
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionNatural Resources Defense Council submitted a FOIA request to the Department of Energy for records concerning a memo with signed with the ACC to encourage recycling of plastic. The agency acknowledged receipt of the request. The agency told the NRDC that it was processing the request 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 Department of Energy
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-211COMPLAINT against United States Department of Energy. (Filing Fee $ 405.00, Receipt Number ANYSDC-29111711)Document filed by Natural Resources Defense Council, Inc...(Jathan, Chantel) (Entered: 03/21/2024)
2024-03-212FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Jathan, Chantel) Modified on 3/21/2024 (jgo). (Entered: 03/21/2024)
2024-03-213RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc...(Jathan, Chantel) (Entered: 03/21/2024)
2024-03-214MOTION for Chantel Jathan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29111928. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit of Chantel Jathan, # 3 Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice).(Jathan, Chantel) (Entered: 03/21/2024)
2024-03-215MOTION for Sarah Chaya Tallman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29112029. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Affidavit of Sarah Tallman, # 3 Proposed Order Granting Motion to Appear Pro Hac Vice).(Tallman, Sarah) (Entered: 03/21/2024)
2024-03-21>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Sarah Chaya Tallman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29112029. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (rju) (Entered: 03/21/2024)
2024-03-21>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Chantel Jathan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29111928. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (rju) (Entered: 03/21/2024)
2024-03-216FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Energy, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc...(Jathan, Chantel) Modified on 3/22/2024 (vf). (Entered: 03/21/2024)
2024-03-217CIVIL COVER SHEET filed..(Jathan, Chantel) (Entered: 03/21/2024)
2024-03-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(vf) (Entered: 03/22/2024)
2024-03-22Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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 . (vf) (Entered: 03/22/2024)
2024-03-22Case Designated ECF. (vf) (Entered: 03/22/2024)
2024-03-22***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Chantel Jathan to RE-FILE Document No. 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name error listed on Summons PDF. 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. (vf) (Entered: 03/22/2024)
2024-03-228REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Energy, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc...(Jathan, Chantel) (Entered: 03/22/2024)
2024-03-259ORDER FOR ADMISSION PRO HAC VICE granting 4 MOTION for Chantel Jathan to Appear Pro Hac Vice.The motion of Chantel Jathan for admission to practice Pro Hac Vice in the above-captioned case is GRANTED. (Signed by Judge Jennifer L. Rochon on 3/25/2024) (jca) (Entered: 03/25/2024)
2024-03-2510ORDER FOR ADMISSION PRO HAC VICE granting 5 MOTION for Sarah Chaya Tallman to Appear Pro Hac Vice. The motion of Sarah C. Tallman for admission to practice Pro Hac Vice in the above-captioned case is GRANTED. (Signed by Judge Jennifer L. Rochon on 3/25/2024) (jca) (Entered: 03/25/2024)
2024-03-2511NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/18/2024 at 11:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/25/2024) (jca) (Entered: 03/25/2024)
2024-03-2512ELECTRONIC SUMMONS ISSUED as to United States Department of Energy..(pc) (Entered: 03/25/2024)
2024-04-0213NOTICE OF APPEARANCE by Mitchell S. Bernard on behalf of Natural Resources Defense Council, Inc...(Bernard, Mitchell) (Entered: 04/02/2024)
2024-04-0514AFFIDAVIT OF SERVICE of Notice of Initial Status Conference, Rule 7.1, Motions for PHV, Orders granting PHV, Notice of Attorney Appearance, Judge Rochon's local rules, CM/ECF SDNY Rules served on United States Department of Energy on 4/1/2024, 4/5/2024. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc...(Jathan, Chantel) (Entered: 04/05/2024)
2024-04-1115NOTICE OF APPEARANCE by Dana Walsh Kumar on behalf of United States Department of Energy..(Kumar, Dana) (Entered: 04/11/2024)
2024-05-0216LETTER MOTION for Extension of Time to File Answer and to adjourn initial conference addressed to Judge Jennifer L. Rochon from Dana Walsh Kumar dated 05/02/2024. Document filed by United States Department of Energy..(Kumar, Dana) (Entered: 05/02/2024)
2024-05-0217ORDER granting 16 Letter Motion for Extension of Time to Answer re 16 LETTER MOTION for Extension of Time to File Answer and to adjourn initial conference addressed to Judge Jennifer L. Rochon from Dana Walsh Kumar dated 05/02/2024. The requested extension of time to respond to the Complaint until July 8, 2024, is GRANTED. The initial pretrial conference is adjourned without date; it shall be rescheduled, if necessary, after the Government responds to the Complaint. SO ORDERED. United States Department of Energy answer due 7/8/2024. (Signed by Judge Jennifer L. Rochon on 5/2/2024) (jca) (Entered: 05/02/2024)
2024-05-2118AFFIDAVIT OF SERVICE of Summons, Complaint, Individual Rules of Judge, and ECF Rules served on United States Department of Energy, and non-parties U.S. Attorney's Office for the Southern District of New York, and Attorney General of the United States on 4/1/2024. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Jathan, Chantel) (Entered: 05/21/2024)
2024-06-1019LETTER MOTION for Extension of Time to File Answer and Status Report addressed to Judge Jennifer L. Rochon from Dana Walsh Kumar dated 06/10/2024. Document filed by United States Department of Energy..(Kumar, Dana) (Entered: 06/10/2024)
2024-06-1120ORDER granting 19 Letter Motion for Extension of Time to Answer re 19 LETTER MOTION for Extension of Time to File Answer and Status Report addressed to Judge Jennifer L. Rochon from Dana Walsh Kumar dated 06/10/2024. The requested extension of time to respond to the Complaint until September 6, 2024, is GRANTED. The parties shall submit a joint status letter to the Court no later than July 15, 2024. SO ORDERED. United States Department of Energy answer due 9/6/2024. (Signed by Judge Jennifer L. Rochon on 6/11/2024) (jca) (Entered: 06/11/2024)
2024-07-1521STATUS REPORT. Document filed by United States Department of Energy..(Kumar, Dana) (Entered: 07/15/2024)
2024-07-1622MEMO ENDORSEMENT on re: 21 Status Report filed by United States Department of Energy ENDORSEMENT The parties may submit a joint status report by August 16, 2024. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 7/16/2024) (jca) (Entered: 07/16/2024)
2024-08-1623STATUS REPORT. Document filed by United States Department of Energy..(Kumar, Dana) (Entered: 08/16/2024)
2024-08-1624MEMO ENDORSEMENT on re: 23 Status Report filed by United States Department of Energy ENDORSEMENT The parties shall appear for a conference on August 28, 2024, at 11:00 a.m. The Government shall be granted an extension until November 6, 2024, to respond to the Complaint. SO ORDERED. United States Department of Energy answer due 11/6/2024. (Status Conference set for 8/28/2024 at 11:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 8/16/2024) (jca) (Entered: 08/16/2024)
2024-08-2225LETTER addressed to Judge Jennifer L. Rochon from Chantel Jathan dated 8/22/2024 re: Electronic Devices Form. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Electronic Devices General Purposes Form).(Jathan, Chantel) (Entered: 08/22/2024)
2024-08-28Minute Entry for proceedings held before Judge Jennifer L. Rochon: Discovery Hearing held on 8/28/2024. (aba) (Entered: 08/29/2024)
2024-09-1026PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Energy..(Kumar, Dana) (Entered: 09/10/2024)
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