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Case TitleNatural Resources Defense Council, Inc. v. United States Environmental Protection Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv10555
Date Filed2019-11-14
Date Closed2020-03-27
JudgeJudge Denise L. Cote
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted FOIA requests to the EPA and the Department of Justice for records concerning communications between EPA and DOJ pertaining to the government's position in three high-profile Clean Water Act suits. NRDC also requested a fee waiver. The agencies acknowledged receipt of the requests. The EPA told NRDC the parameters of the search it intended to conduct for responsive records. After hearing nothing further from either agency, NRDC filed suit.
Complaint issues: Litigation - Attorney's fees, Public Interest Fee Waiver, Failure to respond within statutory time limit

DefendantUnited States Environmental Protection Agency
DefendantUnited States Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-141COMPLAINT against United States Department of Justice, United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-18060597)Document filed by Natural Resources Defense Council, Inc..(Rahm, Catherine) (Entered: 11/14/2019)
2019-11-142CIVIL COVER SHEET filed. (Rahm, Catherine) (Entered: 11/14/2019)
2019-11-143RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Rahm, Catherine) (Entered: 11/14/2019)
2019-11-144REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Rahm, Catherine) (Entered: 11/14/2019)
2019-11-145REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Rahm, Catherine) (Entered: 11/14/2019)
2019-11-15CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . (jgo) (Entered: 11/15/2019)
2019-11-15Magistrate Judge Kevin Nathaniel Fox 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 . (jgo) (Entered: 11/15/2019)
2019-11-15Case Designated ECF. (jgo) (Entered: 11/15/2019)
2019-11-156ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (jgo) (Entered: 11/15/2019)
2019-11-157ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (jgo) (Entered: 11/15/2019)
2019-11-218NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/14/2020 at 10:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 11/21/2019) (jca) (Entered: 11/21/2019)
2019-11-259MOTION for Aaron Colangelo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18141130. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Affidavit of Aaron Colangelo in support of motion to appear pro hac vice, # 2 Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Colangelo, Aaron) (Entered: 11/25/2019)
2019-11-25>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Aaron Colangelo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18141130. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 11/25/2019)
2019-11-2510NOTICE of Proof of Service of Rules and Court Notice. Document filed by Natural Resources Defense Council, Inc.. (Rahm, Catherine) (Entered: 11/25/2019)
2019-11-2711ORDER granting 9 Motion for Aaron Colangelo to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr) (Entered: 11/27/2019)
2019-12-1312CERTIFICATE OF SERVICE (FOIA CASE). United States Department of Justice served on 11/26/2019, answer due 12/26/2019; United States Environmental Protection Agency served on 11/25/2019, answer due 12/26/2019. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Colangelo, Aaron) (Entered: 12/13/2019)
2019-12-2013NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Department of Justice, United States Environmental Protection Agency. (Levine, Danielle) (Entered: 12/20/2019)
2019-12-2014ANSWER to 1 Complaint. Document filed by United States Department of Justice, United States Environmental Protection Agency.(Levine, Danielle) (Entered: 12/20/2019)
2020-01-1515NOTICE OF APPEARANCE by Michelle Wu on behalf of Natural Resources Defense Council, Inc.. (Wu, Michelle) (Entered: 01/15/2020)
2020-02-1016JOINT LETTER addressed to Judge Denise L. Cote from Danielle J. Levine dated February 10, 2020 re: Status Letter in Advance of February 14, 2020 Conference. Document filed by United States Department of Justice, United States Environmental Protection Agency..(Levine, Danielle) (Entered: 02/10/2020)
2020-02-1317ORDER: On February 10, 2020, the parties filed a letter with the Court proposing a schedule to govern the further conduct of pretrial proceedings in this case. Accordingly, it is hereby ORDERED that the schedule proposed by the parties is adopted. IT IS FURTHER ORDERED thatthe parties shall file a status letter with the Court by March 27, 2020. IT IS FURTHER ORDERED that the initial pretrial conference scheduled for February 14, 2020 is adjourned sine die. (Signed by Judge Denise L. Cote on 2/13/2020) (gr) (Entered: 02/13/2020)
2020-03-2718JOINT LETTER addressed to Judge Denise L. Cote from Michelle Wu dated March 27, 2020 re: Status Letter and Stipulation of Dismissal. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Stipulation of Dismissal).(Wu, Michelle) (Entered: 03/27/2020)
2020-03-2719STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendants: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action is hereby dismissed with prejudice, and without interest, costs, or fees to any party. SO ORDERED. (Signed by Judge Denise L. Cote on 3/27/2020) (ks) (Entered: 03/27/2020)
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