| Date Filed | Doc # | Docket Text |
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| 2002-07-03 | 1 | COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 444050. (jol) (Entered: 07/08/2002) |
| 2002-07-03 | | Magistrate Judge Gabriel W. Gorenstein is so designated. (jol) (Entered: 07/08/2002) |
| 2002-07-03 | 2 | RULE 1.9 CERTIFICATE filed by N.Y. Public Interest . (jol) (Entered: 07/08/2002) |
| 2002-08-05 | 3 | Memo-Endorsement on letter addressed to Judge Hellerstein from Elizabeth Wolstein, dated 8/2/02, reset Government answer due for 8/30/02 for Office of Mgmt., for U.S. Environmental ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (cd) Modified on 08/07/2002 (Entered: 08/07/2002) |
| 2002-08-30 | 4 | ANSWER to Complaint by U.S. Environmental, Office of Mgmt. (Attorney Elizabeth Wolstein from the Firm: U.S. Attorney) (sb) (Entered: 09/05/2002) |
| 2002-09-13 | 5 | Memo-Endorsement on letter addressed to Judge Hellerstein from Elizabeth Wolstein, dated 9/11/02. The conference for Oct. 4 is canceled. Both parties shall move for summary judgment the same day, 9/25/02; both shall file oppositions the same day, 10/18/02; and both shall file replies the same day 11/8/02 . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (kw) (Entered: 09/17/2002) |
| 2002-09-18 | 6 | Memo-Endorsement on letter addressed to Judge Hellerstein from Elizabeth Wolstein, dated 9/13/02. Granting parties' request to modify the briefing schedule as follows: all parties shal serve their motion for summary judgment by hand or by overnight courier - 10/18/02; all parties shall serve their opposition papers by hand or by overnight courier - 11/8/02; all parties shall serve their reply papers by hand or by overnight courier - 11/22/02 . ( signed by Judge Alvin K. Hellerstein ); Copies mailed. (kw) (Entered: 09/23/2002) |
| 2002-10-17 | 7 | Memo-Endorsement on letter addressed to Judge Hellerstein from Elizabeth Wolstein, dated 10/10/02. The Government requests a two week extension of the briefing schedule. Parties to serve motions for summary judgment by hand or overnight courier on 11/1/02. Parties to serve opposition papers by hand or overnight courier by 11/22/02. Parties to serve reply papers by 12/6/02. The return date set for 12/9/02. Motion granted, and revised schedule is accepted . ( signed by Judge Alvin K. Hellerstein ) (sb) (Entered: 10/21/2002) |
| 2002-11-04 | 8 | NOTICE OF MOTION by U.S. Environmental, Office of Mgmt. foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants . Return Date 12/9/02. Received in night deposit on 11/4/02 at 8:28 p.m. (moc) (Entered: 11/07/2002) |
| 2002-11-04 | 9 | RULE 56.1 STATEMENT filed by U.S. Environmental, Office of Mgmt. Received in night deposit on 11/4/02 at 8:28 p.m. (moc) (Entered: 11/07/2002) |
| 2002-11-04 | 10 | DECLARATION of Marcus Peacock by U.S. Environmental, Office of Mgmt. in support Re: [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants. Received in night deposit on 11/4/02 at 8:28 p.m. (moc) (Entered: 11/07/2002) |
| 2002-11-04 | 11 | DECLARATION of Elizabeth Wolstein by U.S. Environmental, Office of Mgmt. in support Re: [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants. Received in nihgt dposit on 11/4/02 at 8:28 p.m. (moc) (Entered: 11/07/2002) |
| 2002-11-04 | 12 | MEMORANDUM OF LAW by U.S. Environmental, Office of Mgmt. in support of [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants. Received in night deposit on 11/4/02 at 8:28 p.m. (moc) (Entered: 11/07/2002) |
| 2002-11-04 | 13 | DECLARATION of Walter E. Mugdan by U.S. Environmental, Office of Mgmt. in support Re: [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants. Received in night deposit on 11/4/02 at 8:29 p.m. (moc) (Entered: 11/07/2002) |
| 2002-11-12 | 14 | NOTICE OF MOTION by N.Y. Public Interest, for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law . Return Date 12/9/02 at 9:00 a.m. Rule 56.1 Statement, Declaration of Laura Haight and proposed order along with Exhibits 1 through 11 are attached. (tp) (Entered: 11/14/2002) |
| 2002-11-12 | 15 | MEMORANDUM OF LAW by N.Y. Public Interest in support of [14-1] motion for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law. (tp) (Entered: 11/14/2002) |
| 2002-12-06 | 16 | Memo-Endorsement on letter addressed to Judge Hellerstein from Andrew Goldberg, dated 11/19/02, Responses to Motion reset for 12/11/02 re: [14-1] motion for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law, for 12/11/02 re: [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants ; Replies to Response to Motion reset for 1/3/03 re: [14-1] motion for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law, for 1/3/03 re: [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants ; Return date reset to 4:00 1/22/03 for [14-1] motion for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law, 4:00 1/22/03 for [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants ; reset oral argument for 1/22/03 ( signed by Judge Alvin K. Hellerstein ); copies sent by Chambers (cd) (Entered: 12/10/2002) |
| 2002-12-12 | 17 | COUNTER STATEMENT TO RULE 56.1 filed by U.S. Environmental, Office of Mgmt. (ae) (Entered: 12/18/2002) |
| 2002-12-12 | 18 | SUPPLEMENTAL DECLARATION of Walter E. Mugdan by U.S. Environmental, Office of Mgmt. in opposition Re: [14-1] motion for an grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled judgment as a matter of law . (ae) (Entered: 12/18/2002) |
| 2002-12-12 | 19 | MEMORANDUM OF LAW by U.S. Environmental, Office of Mgmt. in opposition to [14-1] motion for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law . (ae) (Entered: 12/18/2002) |
| 2002-12-20 | 20 | MEMORANDUM OF LAW by N.Y. Public Interest in opposition to [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants . (cd) (Entered: 12/26/2002) |
| 2002-12-20 | 21 | RULE 56.1 STATEMENT filed by N.Y. Public Interest (cd) (Entered: 12/26/2002) |
| 2002-12-20 | 22 | RESPONSE by N.Y. Public Interest Re: [9-1] Local Rule 56.1 statement (cd) (Entered: 12/26/2002) |
| 2002-12-30 | 23 | Memo-Endorsement on letter addressed to Judge Alvin K. Hellerstein from Elizabeth Wolstein, dated 12/27/02. Re:, granting government's request for a four business day extension until 1/9/03 of the deadline for serving reply papers to parties' [14-1] and [8-1] motions for summary judgment . ( signed by Judge Alvin K. Hellerstein ); (dle) (Entered: 01/03/2003) |
| 2003-01-10 | 24 | REPLY MEMORANDUM by U.S. Environmental, Office of Mgmt. in support re: [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants . (yv) (Entered: 01/16/2003) |
| 2003-01-10 | 25 | SECOND SUPPLEMENTAL DECLARATION of Walter E. Mugdan by U.S. Environmental, Office of Mgmt. (yv) (Entered: 01/16/2003) |
| 2003-01-10 | 26 | DECLARATION of William J. Muszynski by U.S. Environmental, Office of Mgmt. Re: initial declaration of Walter Mugdan, dated 1/1/02. (yv) (Entered: 01/16/2003) |
| 2003-01-14 | 27 | REPLY MEMORANDUM by N.Y. Public Interest (djc) (Entered: 01/21/2003) |
| 2003-01-23 | 28 | NOTICE OF MOTION by N.Y. Public Interest; for leave to have one of its lawyers, David C. Vladeck to appear pro hac vice . Return Date not indicated. (jco) (Entered: 01/29/2003) |
| 2003-01-31 | | Memo endorsed on motion; granting [28-1] motion for leave to have one of its lawyers, David C. Vladeck to appear pro hac vice. ( signed by Judge Alvin K. Hellerstein ); (docmt forwarded to atty admissions clerk; (djc) (Entered: 02/03/2003) |
| 2003-03-03 | 29 | Transcript of record of proceedings before Judge Alvin K. Hellerstein for the date(s) of January 22, 2003. (dt) (Entered: 03/03/2003) |
| 2003-03-10 | 30 | OPINION AND ORDER #88155, that for the reasons set forth, the Court is granting in part, denying in part [14-1] motion for an Order grnating plaintiff summary judgment pursuant to Rule 56 of the FRCP on the groung that therer is no genuine issue of disputed material fact and that the plaintiff is entitled to judgment as a matter of law, granting in part, denying in part [8-1] motion foran order pursuant to Rule 56 of the FRCP, granting summary judgment in favor of defendants. ( signed by Judge Alvin Hellerstein ). (tp) (Entered: 03/10/2003) |
| 2003-03-24 | 31 | ORDER: before producing Exemption 4 material pursuant to the Order, the Gov't may redact from the documents to be produced any material withheld by the Gov't under exemption 5 of FOIA. As an alternative to redacting the Exemption 5 material, the Gov't may produce a clean copy of any Exemption 4 item as to which one or more duplicates exist containing handwritten notations withheld under Exemption 5. The Gov't need not produce duplicate(s), if any, of any item produced. The Order and any judgment based upon it are hereby stayed, pursuant to Fed. Rule of Appellate Proc. 8(a)(1) as further set forth in said order . ( signed by Judge Alvin K. Hellerstein ) (db) (Entered: 03/25/2003) |
| 2003-08-07 | 33 | ORDER ENTERING PARTIAL JUDGMENT, that I therefore lift the stay. The Clerk of the Court shall enter judgment in this case in accordance with my Opinion and Order of 3/10/03 and mark this case closed . ( signed by Judge Alvin K. Hellerstein ). (tp) (Entered: 08/11/2003) |
| 2003-08-08 | 32 | JUDGMENT that for the reasons stated in the court's order dated 7/30/03 the stay is lifted; accordingly, plaintiff's motion for summary judgment as to documents withheld pursuant to Expemption 4 of the Freedom of Information Act is granted and dfts' motion for summary judgment as to documents withheld pursuant to Exemption 5 of the FOIA is grnated and the case is closed. (signed by J. Michael McMahon, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 8/9/03. (dle) (Entered: 08/09/2003) |
| 2003-08-08 | | Case closed. (dle) (Entered: 08/09/2003) |
| 2003-09-23 | 34 | STIPULATION AND ORDER; regarding costs, fees and dismissal. ( signed by Judge Alvin K. Hellerstein ) (sac) (Entered: 09/25/2003) |
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