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Case TitleNatural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv07489
Date Filed2018-08-16
Date Closed2020-07-09
JudgeJudge Vernon S. Broderick
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the EPA for records concerning communications between the agency and outside parties pertaining to the pesticide TCVP since June 2016. NRDC also requested a fee waiver. The agency acknowledged receipt of the request and told NRDC that responding to the request would not incur fees. The agency told NRDC that it was processing its request, but after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-161COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-15462160)Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 08/16/2018)
2018-08-162CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 08/16/2018)
2018-08-163REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 08/16/2018)
2018-08-164RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 08/16/2018)
2018-08-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 . (pc) (Entered: 08/17/2018)
2018-08-17Magistrate 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 . (pc) (Entered: 08/17/2018)
2018-08-17Case Designated ECF. (pc) (Entered: 08/17/2018)
2018-08-17***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nancy Sharman Marks. The party information for the following party/parties has been modified: United States Environmental Protection Agency. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc) (Entered: 08/17/2018)
2018-08-175ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (pc) (Entered: 08/17/2018)
2018-08-176MOTION for Ian Fein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15466044. 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 Afffidavit, # 3 Proposed Order)(Fein, Ian) (Entered: 08/17/2018)
2018-08-17>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Ian Fein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15466044. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 08/17/2018)
2018-08-217ORDER granting 6 Motion for Ian Fein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 08/21/2018)
2018-09-218FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated September 21, 2018. Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) Modified on 9/27/2018 (db). (Entered: 09/21/2018)
2018-09-259ORDER granting 8 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/24/2018) (rro) (Entered: 09/25/2018)
2018-09-25Set/Reset Deadlines: U.S. Environmental Protection Agency answer due 10/25/2018. (rro) (Entered: 09/25/2018)
2018-10-2510ANSWER to 1 Complaint. Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) (Entered: 10/25/2018)
2018-10-2511JOINT LETTER addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated October 25, 2018 Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) (Entered: 10/25/2018)
2018-10-2612MEMO ENDORSEMENT on re: 11 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/26/2018) (rro) (Entered: 10/26/2018)
2018-12-1713JOINT LETTER addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated December 17, 2018 re: Status Letter. Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) (Entered: 12/17/2018)
2018-12-1814MEMO ENDORSEMENT on re: 13 Status Letter, filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 12/18/18) (yv) (Entered: 12/18/2018)
2018-12-2715STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ks) (Entered: 01/02/2019)
2018-12-27Case Stayed (ks) (Entered: 01/15/2019)
2019-03-2516JOINT LETTER addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated March 25, 2019 re: Status Letter. Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) (Entered: 03/25/2019)
2019-03-2617MEMO ENDORSEMENT on re: 16 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2019) (rro) (Entered: 03/26/2019)
2019-04-2418JOINT LETTER addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated April 24, 2019 Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) (Entered: 04/24/2019)
2019-04-2519MEMO ENDORSEMENT on re: 18 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/25/2019) (rro) (Entered: 04/25/2019)
2019-06-1920JOINT LETTER addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated June 19, 2019 Document filed by U.S. Environmental Protection Agency.(Simon, Jennifer) (Entered: 06/19/2019)
2019-06-2521MEMO ENDORSEMENT on re: 20 JOINT LETTER addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated June 19, 2019 Document filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application granted. So ordered. (Signed by Judge Vernon S. Broderick on 6/25/2019) (rjm) (Entered: 06/25/2019)
2019-08-1922NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of U.S. Environmental Protection Agency. (Teleanu, Natasha) (Entered: 08/19/2019)
2019-08-2223JOINT LETTER addressed to Judge Vernon S. Broderick from Natasha W. Teleanu dated 8/22/2019 re: status update. Document filed by U.S. Environmental Protection Agency.(Teleanu, Natasha) (Entered: 08/22/2019)
2019-08-2324MEMO ENDORSEMENT on re: 23 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 8/23/2019) (js) (Entered: 08/26/2019)
2019-09-2625JOINT LETTER addressed to Judge Vernon S. Broderick from Natasha W. Teleanu dated 9/26/2019 re: status update. Document filed by U.S. Environmental Protection Agency.(Teleanu, Natasha) (Entered: 09/26/2019)
2019-10-0426MEMO ENDORSEMENT on re: 25 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/4/2019) (rro) (Entered: 10/04/2019)
2019-12-1127JOINT LETTER addressed to Judge Vernon S. Broderick from Natasha W. Teleanu dated 12/11/2019 re: status update. Document filed by U.S. Environmental Protection Agency.(Teleanu, Natasha) (Entered: 12/11/2019)
2019-12-1328MEMO ENDORSEMENT on re: 27 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/13/2019) (rro) (Entered: 12/13/2019)
2020-01-2329STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Fein, Ian) (Entered: 01/23/2020)
2020-01-2730MEMO ENDORSEMENT on re: 29 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/27/2020) (rro) (Entered: 01/27/2020)
2020-03-2431STATUS REPORT. Document filed by U.S. Environmental Protection Agency..(Teleanu, Natasha) (Entered: 03/24/2020)
2020-03-2632MEMO ENDORSEMENT on re: 31 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2020) (kv) (Entered: 03/26/2020)
2020-05-2133STATUS REPORT. Document filed by U.S. Environmental Protection Agency..(Teleanu, Natasha) (Entered: 05/21/2020)
2020-05-2234MEMO ENDORSEMENT on re: 33 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/22/2020) (rro) (Entered: 05/22/2020)
2020-06-2635STATUS REPORT. Document filed by U.S. Environmental Protection Agency..(Teleanu, Natasha) (Entered: 06/26/2020)
2020-07-0836PROPOSED STIPULATION AND ORDER. Document filed by U.S. Environmental Protection Agency..(Teleanu, Natasha) (Entered: 07/08/2020)
2020-07-0937STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL... IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by EPA fully resolve any and all claims NRDC now has or may hereafter acquire against EPA or the United States of America ("United States"), or any department, agency, officer, or employee of EPA and/or the United States, for the release of records arising from NRDC's FOIA request at issue in this action. 2. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, EPA shall pay to NRDC via electronic funds transfer the sum of FIVE THOUSAND FIVE HUNDRED FIFTY DOLLARS AND ZERO CENTS ($5,550.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum NRDC agrees to accept in complete satisfaction of any and all claims by NRDC for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for NRDC will provide the necessary information for EPA to effectuate the electronic funds transfer. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 4. This Stipulation and Order shall not constitute an admission of liability or fault on the part of EPA or the United States or their agents, servants, or employees, and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. 5. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against EPA, the United States, or any agency or instrumentality of the United States and as further set forth in this Stipulation. So Ordered. (Signed by Judge Vernon S. Broderick on 7/9/20) (yv) (Entered: 07/10/2020)
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