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Case TitleNatural Resources Defense Council, Inc. v. United States Department of Commerce
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv00583
Date Filed2018-01-23
Date Closed2018-10-24
JudgeJudge Alison J. Nathan
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the National Oceanic and Atmospheric Administration for records concerning why the Secretary of Commerce found that summer flounder management plan measures the State of New Jersey had failed to implement were unnecessary for conserving summer flounder. The agency provided two interim responses but indicated that there were several other responsive records. After hearing nothing further from the agency, the NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

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

2018-01-231COMPLAINT against United States Department of Commerce. (Filing Fee $ 400.00, Receipt Number 0208-14608453)Document filed by Natural Resources Defense Council, Inc..(Rahm, Catherine) (Entered: 01/23/2018)
2018-01-232CIVIL COVER SHEET filed. (Rahm, Catherine) (Entered: 01/23/2018)
2018-01-233REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Rahm, Catherine) (Entered: 01/23/2018)
2018-01-234RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Rahm, Catherine) (Entered: 01/23/2018)
2018-01-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 . (pne) (Entered: 01/24/2018)
2018-01-24Magistrate Judge Stewart D. Aaron 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 . (pne) (Entered: 01/24/2018)
2018-01-24Case Designated ECF. (pne) (Entered: 01/24/2018)
2018-01-245ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce. (pne) (Entered: 01/24/2018)
2018-01-296NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/11/2018 at 3:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan, and as further set forth in this order. (Signed by Judge Alison J. Nathan on 1/29/2018) (ap) (Entered: 01/29/2018)
2018-02-287ANSWER to 1 Complaint. Document filed by United States Department of Commerce.(Jude, Jennifer) (Entered: 02/28/2018)
2018-03-058NOTICE OF APPEARANCE by Daniel Nathan Carpenter-Gold on behalf of Natural Resources Defense Council, Inc.. (Carpenter-Gold, Daniel) (Entered: 03/05/2018)
2018-03-089AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Commerce served on 1/25/2018, answer due 2/26/2018. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rahm, Catherine) (Entered: 03/08/2018)
2018-03-0810LETTER addressed to Judge Alison J. Nathan from Daniel Carpenter-Gold dated March 8, 2018 re: Clarification of Initial Pretrial Conference Date. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 03/08/2018)
2018-03-1411MEMO ENDORSEMENT: on re: 10 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The initial pretrial conference is hereby scheduled for June 15, 2018, at 3:15pm. (Initial Conference set for 6/15/2018 at 3:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/14/2018) (ap) (Entered: 03/14/2018)
2018-03-2912JOINT LETTER addressed to Judge Alison J. Nathan from Jennifer Jude dated 3/29/18 re: Status Update. Document filed by United States Department of Commerce.(Jude, Jennifer) (Entered: 03/29/2018)
2018-04-0613ORDER: The initial pretrial conference scheduled for Friday, June 15th, 2018 at 3:30pm, is hereby adjourned to June 29, 2018, at 3:00pm. The documents discussed at Docket Number 6 are due seven days before the conference. (Initial Conference set for 6/29/2018 at 3:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/6/2018) (ap) (Entered: 04/06/2018)
2018-06-2214INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Joint Letter from Parties)(Carpenter-Gold, Daniel) (Entered: 06/22/2018)
2018-06-2615MEMO ENDORSEMENT on re: 14 Initial Report of Parties Before Pretrial Conference filed by Natural Resources Defense Council, Inc. ENDORSEMENT: The Initial Pretrial Conference scheduled for Friday, June 29 is hereby adjourned sine die. The parties shall file a joint status report by no later than July 13, 2018. (Signed by Judge Alison J. Nathan on 6/26/2018) (cf) (Entered: 06/26/2018)
2018-07-0316CIVIL COVER SHEET filed. (Schnapp, Daniel) (Entered: 07/03/2018)
2018-07-1317JOINT LETTER addressed to Judge Alison J. Nathan from Daniel Carpenter-Gold and Jennifer Jude dated July 13, 2018 re: joint status update. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 07/13/2018)
2018-07-1318MEMO ENDORSEMENT on re: 17 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 7/13/2018) (cf) (Entered: 07/13/2018)
2018-07-3119JOINT LETTER MOTION for Extension of Time to Provide Status Report on Settlement Negotiations addressed to Judge Alison J. Nathan from Jennifer Jude dated 7/31/18. Document filed by United States Department of Commerce.(Jude, Jennifer) (Entered: 07/31/2018)
2018-08-0120ORDER granting 19 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/1/2018) (cf) (Entered: 08/01/2018)
2018-08-2421JOINT LETTER MOTION for Extension of Time to Provide Status Report on Settlement Negotiations addressed to Judge Alison J. Nathan from Jennifer Jude dated 8/24/18. Document filed by United States Department of Commerce.(Jude, Jennifer) (Entered: 08/24/2018)
2018-08-2622ORDER granting 21 Letter Motion for Extension of Time.SO ORDERED. (Signed by Judge Alison J. Nathan on 8/24/2018) (tro) (Entered: 08/27/2018)
2018-09-0723JOINT LETTER addressed to Judge Alison J. Nathan from Daniel Carpenter-Gold and Jennifer Jude dated September 7, 2018 re: joint status update. Document filed by Natural Resources Defense Council, Inc..(Carpenter-Gold, Daniel) (Entered: 09/07/2018)
2018-09-1124MEMO ENDORSEMENT on re: 23 Letter proposing that they submit a joint status update by 9/28/18, filed by Natural Resources Defense Council, Inc. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 9/10/18) (yv) (Entered: 09/11/2018)
2018-09-2825JOINT LETTER MOTION for Extension of Time to Submit Stipulation of Settlement addressed to Judge Alison J. Nathan from Jennifer Jude dated 9/28/18. Document filed by United States Department of Commerce.(Jude, Jennifer) (Entered: 09/28/2018)
2018-10-0226ORDER granting 25 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/2/2018) (mro) (Entered: 10/02/2018)
2018-10-1927PROPOSED STIPULATION AND ORDER. Document filed by Natural Resources Defense Council, Inc.. (Carpenter-Gold, Daniel) (Entered: 10/19/2018)
2018-10-2428STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. This Stipulation and Order fully settles any and all claims Plaintiff now has or may hereafter acquire against DOC or the United States of America (the "United States"), or any department, agency, officer, or employee of DOC and/or the United States, related to or arising out of Plaintiff's FOIA request at issue in this action. As soon as practicable afier the Court has approved and docketed this Stipulation and Order, DOC shall pay to Plaintiff the sum of $4,250.00 in attorney's fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment and satisfaction of any attorney's fees and costs Plaintiff has incurred or will incur in this action. This action is hereby dismissed with prejudice, except that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 10/23/2018) (cf) (Entered: 10/24/2018)
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