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Case TitleNatural Resources Defense Council, Inc. v. U.S. Department of Transportation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv00820
Date Filed2019-01-28
Date Closed2020-06-18
JudgeJudge Jesse M. Furman
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the Department of Transportation for records concerning the status of the Hudson River Tunnel Gateway project. NRDC also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Transportation
DefendantU.S. Department of Transportation
TERMINATED: 06/18/2020
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-281COMPLAINT against U.S. Department of Transportation. (Filing Fee $ 400.00, Receipt Number ANYSDC-16254326)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Attachment A - NRDC FOIA Request, # 2 Exhibit Attachment B - DOT Initial Acknowledgment)(Marks, Nancy) (Entered: 01/28/2019)
2019-01-282REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Transportation, re: 1 Complaint,. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 01/28/2019)
2019-01-283FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Marks, Nancy) Modified on 1/29/2019 (pne). (Entered: 01/28/2019)
2019-01-284RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 01/28/2019)
2019-01-29CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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: 01/29/2019)
2019-01-29Magistrate Judge Barbara C. Moses 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: 01/29/2019)
2019-01-29Case Designated ECF. (pne) (Entered: 01/29/2019)
2019-01-295ELECTRONIC SUMMONS ISSUED as to U.S. Department of Transportation. (pne) (Entered: 01/29/2019)
2019-01-29***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nancy Sharman Marks to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) (Entered: 01/29/2019)
2019-01-296CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 01/29/2019)
2019-01-297NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/13/2019 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 1/29/2019) (ne) (Entered: 01/29/2019)
2019-02-118CERTIFICATE OF SERVICE of Summons and Complaint,. U.S. Department of Transportation served on 2/4/2019, answer due 2/25/2019. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Marks, Nancy) (Entered: 02/11/2019)
2019-03-069NOTICE OF APPEARANCE by Talia Kraemer on behalf of U.S. Department of Transportation. (Kraemer, Talia) (Entered: 03/06/2019)
2019-03-0610ANSWER to 1 Complaint,. Document filed by U.S. Department of Transportation.(Kraemer, Talia) (Entered: 03/06/2019)
2019-03-2611NOTICE OF APPEARANCE by Gabriel Jackson Daly on behalf of Natural Resources Defense Council, Inc.. (Daly, Gabriel) (Entered: 03/26/2019)
2019-05-0912JOINT LETTER addressed to Judge Jesse M. Furman from Talia Kraemer dated May 9, 2019 re: Initial Pretrial Conference. Document filed by U.S. Department of Transportation.(Kraemer, Talia) (Entered: 05/09/2019)
2019-05-13Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 5/13/2019. Gabe Daly and Nancy Marks present for Plaintiff. Talia Kraemer present for Defendant. (ab) (Entered: 05/13/2019)
2019-05-1613PROPOSED SCHEDULING ORDER. Document filed by Natural Resources Defense Council, Inc.. (Daly, Gabriel) (Entered: 05/16/2019)
2019-05-1714STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION BY DEFENDANT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendant as follows: 1. Defendant will review and process approximately 1500 to 2000 pages of potentially responsive documents by June 15, 2019, and by each monthly deadline thereafter. 2. Defendant will make good-faith efforts to prioritize its review and production of documents according to the schedule of custodians set out in Exhibit A. (And as further set forth in this Order). SO ORDERED. (Signed by Judge Jesse M. Furman on 5/17/2019) (jca) (Entered: 05/17/2019)
2019-11-1315CONSENT LETTER MOTION for Extension of Time to Complete FOIA Production and for Entry of Revised Stipulation and Proposed Order addressed to Judge Jesse M. Furman from Talia Kraemer dated Nov. 13, 2019. Document filed by U.S. Department of Transportation. (Attachments: # 1 Text of Proposed Order)(Kraemer, Talia) (Entered: 11/13/2019)
2019-11-1416REVISED STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION BY DEFENDANT, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendant as follows: Beginning November 22, 2019, Defendant will review and process approximately 3,000 to 3,500 pages of potentially responsive documents per month. Defendant will produce any non-exempt documents responsive to Plaintiff's FOIA request by the 22nd of each month or the first business day thereafter, with the first production after November 22, 2019, to be completed by December 23, 2019. No later than April 22, 2020, Defendant will complete its production of nonexempt documents responsive to Plaintiff's FOIA request. Following the completion of production of non-exempt documents, Plaintiff and Defendant will promptly meet and confer. Within 10 days of Defendant completing its production, the parties will submit a status report to the Court. In the status report, the parties will identify a schedule either for resolving any outstanding issues consensually or for summary judgment briefing. By entering into this Stipulation and Order, Plaintiff does not waive any right to file a motion opposing Defendant's complete or partial withholding of responsive documents pursuant to any FOIA exemption. The Clerk of Court is directed to terminate Docket No. 15. SO ORDERED. Motions terminated: 15 CONSENT LETTER MOTION for Extension of Time to Complete FOIA Production and for Entry of Revised Stipulation and Proposed Order addressed to Judge Jesse M. Furman from Talia Kraemer dated Nov. 13, 2019. filed by U.S. Department of Transportation. (Signed by Judge Jesse M. Furman on 11/14/19) (yv) (Entered: 11/14/2019)
2020-03-3117STATUS REPORT. (Joint) Document filed by Natural Resources Defense Council, Inc...(Daly, Gabriel) (Entered: 03/31/2020)
2020-04-0218MEMO ENDORSEMENT on re: 17 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: By May 4, 2020, the parties shall submit a joint letter informing the court of the status of their negotiations. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/2/2020) (va) (Entered: 04/02/2020)
2020-05-0419STATUS REPORT. Document filed by U.S. Department of Transportation..(Kraemer, Talia) (Entered: 05/04/2020)
2020-05-2220STATUS REPORT. Document filed by U.S. Department of Transportation..(Kraemer, Talia) (Entered: 05/22/2020)
2020-06-0521STATUS REPORT. Document filed by U.S. Department of Transportation..(Chaudhury, Arastu) (Entered: 06/05/2020)
2020-06-1622PROPOSED STIPULATION AND ORDER. Document filed by U.S. Department of Transportation..(Chaudhury, Arastu) (Entered: 06/16/2020)
2020-06-1823STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the pa1ties, as follows: As soon as reasonably practicable after the Court has approved and docketed this Stipulation and Order ("Stipulation"), the Government shall pay to NRDC the sum of SIX THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($6,500.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. 552(a)(4)(E). This payment shall constitute full and final satisfaction of any and all claims by NRDC for attorney's fees and litigation costs in this matter, and is inclusive of any interest, and as further specified and set forth in this Stipulation and Order of Settlement and Dismissal. The Clerk of Court is directed to close this case. So ordered. U.S. Department of Transportation terminated. (Signed by Judge Jesse M. Furman on 6/17/2020) (rjm) (Entered: 06/18/2020)
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