| Date Filed | Doc # | Docket Text |
|
| 2017-08-04 | 1 | COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number 0208-13982905)Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A)(Wang, Vivian) (Entered: 08/04/2017) |
| 2017-08-04 | 2 | CIVIL COVER SHEET filed. (Wang, Vivian) (Entered: 08/04/2017) |
| 2017-08-04 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint. Document filed by Natural Resources Defense Council. (Wang, Vivian) (Entered: 08/04/2017) |
| 2017-08-04 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council.(Wang, Vivian) (Entered: 08/04/2017) |
| 2017-08-07 | | CASE 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 . (kl) (Entered: 08/07/2017) |
| 2017-08-07 | | Magistrate Judge Katharine H. Parker 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 . (kl) (Entered: 08/07/2017) |
| 2017-08-07 | | Case Designated ECF. (kl) (Entered: 08/07/2017) |
| 2017-08-07 | 5 | ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (kl) (Entered: 08/07/2017) |
| 2017-08-08 | 6 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with Paragraph 2.B of the Court's Individual Rules and Practices, which are available at http://nysd.uscourts.gov/judge/Furman, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at http://nysd.uscourts.gov/judge/Furman. Any open legal issues can be addressed at the conference as set forth in this order. Initial Conference set for 10/25/2017 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/8/2017) (rj) (Entered: 08/08/2017) |
| 2017-08-23 | 7 | NOTICE OF APPEARANCE by David C. Vladeck on behalf of Natural Resources Defense Council. (Vladeck, David) (Entered: 08/23/2017) |
| 2017-08-23 | 8 | NOTICE OF CHANGE OF ADDRESS by David C. Vladeck on behalf of Natural Resources Defense Council. New Address: Georgetown University Law Center, 600 New Jersey Avenue, NW, Washington, DC, USA 20001, 202-662-9540. (Vladeck, David) (Entered: 08/23/2017) |
| 2017-09-06 | 9 | LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/6/2017. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/06/2017) |
| 2017-09-06 | 10 | ORDER granting 9 Letter Motion for Extension of Time to Answer. The answer deadline is extended to September 29, 2017. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/06/2017) |
| 2017-09-22 | 11 | AFFIDAVIT OF SERVICE. U.S. Environmental Protection Agency served on 8/7/2017, answer due 9/29/2017. Service was made by Mail. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wang, Vivian) (Entered: 09/22/2017) |
| 2017-09-29 | 12 | ANSWER to 1 Complaint. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/29/2017) |
| 2017-10-12 | 13 | NOTICE OF APPEARANCE by Stephanie Kaufman Glaberson on behalf of Natural Resources Defense Council. (Glaberson, Stephanie) (Entered: 10/12/2017) |
| 2017-10-18 | 14 | LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 10/18/2017. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 10/18/2017) |
| 2017-10-18 | 15 | ORDER granting 14 Letter Motion to Adjourn Conference. The initial pretrial conference is ADJOURNED to NOVEMBER 2, 2017, at 3:15 p.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/18/2017) |
| 2017-10-26 | 16 | INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 10/26/2017) |
| 2017-11-02 | | Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 11/2/2017. Stephanie Glaberson and Vivian Wang present for Plaintiff. Tomoko Onozawa present for Defendant. (ab) (Entered: 11/30/2017) |
| 2017-11-20 | 17 | STATUS REPORT. Joint status letter Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 11/20/2017) |
| 2017-11-21 | 18 | MEMO ENDORSEMENT on re: 17 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 11/21/2017) (ras) (Entered: 11/21/2017) |
| 2017-11-29 | 19 | STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 11/29/2017) |
| 2017-11-30 | 20 | MEMO ENDORSEMENT on re: 19 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties' agreement is hereby SO ORDERED. The parties shall submit a joint status letter no later than two months from the date of this Order. In that letter, the parties should advise the Court if there is any need to hold a conference. If the parties believe that there is a need to hold a conference sooner, they should file a letter motion to that effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/30/2017) (ras) (Entered: 11/30/2017) |
| 2018-01-30 | 21 | STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 01/30/2018) |
| 2018-01-30 | 22 | ORDER re: 21 Status Report filed by U.S. Environmental Protection Agency. The parties shall submit another joint status letter no later than two months from the date of this Order. In that letter, the parties should again advise the Court if there is any need to hold a conference. If the parties believe that there is a need to hold a conference sooner, they should file a letter motion to that effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/30/2018) (Text Only Order) (Furman, Jesse) (Entered: 01/30/2018) |
| 2018-02-23 | 23 | LETTER MOTION for Extension of Time for EPA's third FOIA production addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 2/23/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 02/23/2018) |
| 2018-02-25 | 24 | ORDER granting 23 Letter Motion for Extension of Time. The third production deadline is extended to March 5, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/25/2018) |
| 2018-03-29 | 25 | STATUS REPORT. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 03/29/2018) |
| 2018-03-30 | 26 | ORDER re: 25 Status Report filed by U.S. Environmental Protection Agency. The parties shall file a joint status report by May 30, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/30/2018) (Text Only Order)(Furman, Jesse) (Entered: 03/30/2018) |
| 2018-05-30 | 27 | STATUS REPORT. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 05/30/2018) |
| 2018-05-31 | 28 | ORDER re: 27 Status Report filed by Natural Resources Defense Council. The parties shall file a joint status report and proposed briefing schedule for summary judgment by July 11, 2018. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/31/2018) (Text Only Order) (Furman, Jesse) (Entered: 05/31/2018) |
| 2018-07-11 | 29 | STATUS REPORT. and proposed briefing schedule for cross-motions for summary judgment Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 07/11/2018) |
| 2018-07-16 | 30 | MEMO ENDORSEMENT on re: 29 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The parties' proposed briefing scheduled is hereby ADOPTED. (Cross Motions due by 11/5/2018., Motions due by 10/1/2018. Responses due by 11/19/2018, Replies due by 12/3/2018.) (Signed by Judge Jesse M. Furman on 7/16/2018) (tro) (Entered: 07/16/2018) |
| 2018-09-26 | 31 | LETTER MOTION for Extension of Time to File Cross Motions for Summary Judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/26/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/26/2018) |
| 2018-09-26 | 32 | ORDER granting 31 Letter Motion for Extension of Time. The parties' proposed briefing schedule is adopted. EPA's motion for summary judgment, including its Vaughn index, shall be filed by October 16, 2018. NRDC's opposition and cross-motion for summary judgment shall be filed by November 16, 2018. EPA's opposition to NRDC's cross-motion and any reply in further support of its summary judgment motion shall be filed by November 30, 2018. Any reply in further support of NRDC's cross-motion for summary judgment shall be filed by December 14, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/26/2018) |
| 2018-09-26 | 33 | AMENDED LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/26/2018. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/26/2018) |
| 2018-09-26 | 34 | ORDER granting 33 Letter Motion for Extension of Time. The parties' AMENDED proposed briefing schedule is adopted. EPA's motion for summary judgment, including its Vaughn index, shall be filed by October 16, 2018. NRDC's opposition and cross-motion for summary judgment shall be filed by November 19, 2018. EPA's opposition to NRDC's cross-motion and any reply in further support of its summary judgment motion shall be filed by December 3, 2018. Any reply in further support of NRDC's cross-motion for summary judgment shall be filed by December 17, 2018. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/26/2018) |
| 2018-10-16 | 35 | MOTION for Summary Judgment . Document filed by U.S. Environmental Protection Agency. Responses due by 11/19/2018(Onozawa, Tomoko) (Entered: 10/16/2018) |
| 2018-10-16 | 36 | DECLARATION of Pamela S. Myrick in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Onozawa, Tomoko) (Entered: 10/16/2018) |
| 2018-10-16 | 37 | MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 10/16/2018) |
| 2018-11-09 | 38 | LETTER MOTION for Extension of Time to File Opposition and cross-motion for summary judgment addressed to Judge Jesse M. Furman from Stephanie Glaberson dated November 9, 2018. Document filed by Natural Resources Defense Council.(Glaberson, Stephanie) (Entered: 11/09/2018) |
| 2018-11-11 | 39 | ORDER granting 38 Letter Motion for Extension of Time to File Motion Papers. The parties' proposed modified briefing schedule is hereby adopted. Accordingly, NRDC shall file its opposition and cross-motion for summary judgment by December 21, 2018; the EPA shall file its opposition to NRDC's cross-motion and its reply in further support of its summary judgment motion by January 18, 2019; and NRDC shall file any reply in further support of its cross-motion for summary judgment by February 1, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/11/2018) |
| 2018-12-21 | 40 | MEMORANDUM OF LAW in Opposition re: 35 MOTION for Summary Judgment . . Document filed by Natural Resources Defense Council. (Attachments: # 1 Appendix)(Glaberson, Stephanie) (Entered: 12/21/2018) |
| 2018-12-21 | 41 | DECLARATION of Sarah Tallman in Opposition re: 35 MOTION for Summary Judgment .. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit May 17, 2017 Confirmation, # 2 Exhibit August 29, 2017 Interim Release, # 3 Exhibit April 30, 2017 Communication, # 4 Exhibit EPA Withheld in Full Index)(Glaberson, Stephanie) (Entered: 12/21/2018) |
| 2018-12-27 | 42 | STANDING 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) (mro) (Entered: 01/02/2019) |
| 2018-12-27 | | Case Stayed (mro) (Entered: 01/14/2019) |
| 2019-02-20 | 43 | LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 2/20/2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 02/20/2019) |
| 2019-02-20 | 44 | ORDER granting 43 Letter Motion for Extension of Time to File Response/Reply. The deadline for the filing of EPA's reply brief is hereby EXTENDED to March 14, 2019. The reply brief may be up to 15 pages long. NRDC may file a sur-reply and if it does so, must file it by April 4, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 02/20/2019) |
| 2019-03-11 | 45 | ORDER REGARDING SUBMISSION OF ELECTRONIC COURTESY COPIES: With respect to Defendant's Motion for Summary Judgment, the parties shall adhere to the following procedure for the submission of electronic courtesy copies (which are to be filed in addition to, rather than in place of, paper courtesy copies). No later than two business days after the final filing, the moving party shall submit electronic courtesy copies of all motion papers in electronic folders titled with the docket number of the relevant motion in brackets followed by a description of the motion (e.g., " 35 Defendant's Motion for Summary Judgment"). As further set forth in this order. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/11/2019) (ks) (Entered: 03/11/2019) |
| 2019-03-14 | 46 | REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 03/14/2019) |
| 2019-03-14 | 47 | DECLARATION of Pamela S. Myrick in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Onozawa, Tomoko) (Entered: 03/14/2019) |
| 2019-03-14 | 48 | DECLARATION of Tomoko Onozawa in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1)(Onozawa, Tomoko) (Entered: 03/14/2019) |
| 2019-04-04 | 49 | REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit Ex. A: EPA Letter in 18-cv-0794)(Glaberson, Stephanie) (Entered: 04/04/2019) |
| 2019-04-04 | 50 | DECLARATION of Stephanie Glaberson in Opposition re: 35 MOTION for Summary Judgment .. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit 1: March 5, 2018 Email Exchange, # 2 Exhibit 2: July 11, 2018 Email Exchange, # 3 Exhibit 3: EPA Amended Draft of Joint Letter, # 4 Exhibit 4: NRDC Markup of Joint Letter Draft)(Glaberson, Stephanie) (Entered: 04/04/2019) |
| 2019-04-08 | 51 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Strike Document No. [49-50] . Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) Modified on 5/24/2019 (ldi). (Entered: 04/08/2019) |
| 2019-04-09 | 52 | ORDER denying 51 Motion to Strike. The Court will consider the sur-reply only to the extent that it actually addresses issues raised for the first time in Defendant;s reply brief. Accordingly, Defendant's motion to strike the sur-reply and alternative request for leave to file a sur-sur-reply are both DENIED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/09/2019) |
| 2019-07-25 | 53 | MEMORANDUM OPINION AND ORDER: For the foregoing reasons, the EPA is ORDERED to submit (1) no later than August 8, 2019, a revised affidavit and/or Vaughn index that describes with more specificity the reasonably foreseeable harms to Exemption 5-related interests that disclosure of the challenged documents would cause; and (2) no later than July 30, 2019, copies of the records listed above (in both hard copy and by email) for the Court's in camera inspection. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/25/2019) (ama) (Entered: 07/25/2019) |
| 2019-08-06 | 54 | LETTER MOTION for Extension of Time to File Supplemental Vaughn Affidavit and/or Vaughn Index addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 8/6/2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 08/06/2019) |
| 2019-08-06 | 55 | ORDER granting 54 Letter Motion for Extension of Time to File. Defendants deadline to submit a supplemental affidavit and/or Vaughn index is hereby EXTENDED to August 16, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/06/2019) |
| 2019-08-16 | 56 | DECLARATION of Pamela S. Myrick (Second Supplemental Declaration) in Support re: 35 MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 08/16/2019) |
| 2019-08-30 | 57 | OPINION AND ORDER re: 35 MOTION for Summary Judgment filed by U.S. Environmental Protection Agency. Summary judgment is GRANTED to the EPA on those issues and as to those records. By contrast, and as described throughout this Opinion, the agency failed to justify its decision not to disclose the remaining records. For those records, summary judgment is DENIED. Finally, summary judgment is DENIED on the agency's segregability claims. In light of this Opinion and Order and the claims that remain, the parties shall meet and confer to discuss (1) how the litigation should proceed from here and (2) how this Opinion and Order applies to the records not addressed by the Vaughn index. No later than September 20, 2019, the parties shall file letter-briefs, not to exceed four single-spaced pages, stating their views on those issues - mindful of the Court's desire to minimize further proceedings and the scope of any further judicial review. Finally, the parties shall appear for a conference before the Court on October 3, 2019, at 4:30 p.m. to discuss their views on how to proceed. The Clerk of Court is directed to terminate Docket No. 35. (Status Conference set for 10/3/2019 at 04:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/30/2019) (ne) (Entered: 08/30/2019) |
| 2019-09-11 | 58 | LETTER MOTION for Extension of Time to File addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated Sept. 11, 2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/11/2019) |
| 2019-09-12 | 59 | ORDER granting 58 Letter Motion for Extension of Time to File Any Motion for Reconsideration. The EPA is granted until September 20, 2019 to file any motion for reconsideration. In light of that, the deadline for the parties to submit their joint letter is extended to September 27, 2019. Unless and until the Court orders otherwise, all other dates and deadlines remain in effect, although the EPA may renew its request for an extension of the joint letter deadline and an adjournment of the October 3rd conference in the event that it files a motion for reconsideration. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/12/2019) |
| 2019-09-20 | 60 | MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, . Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/20/2019) |
| 2019-09-20 | 61 | MEMORANDUM OF LAW in Support re: 60 MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 09/20/2019) |
| 2019-09-23 | 62 | MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, (Corrected Notice of Motion) . Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/23/2019) |
| 2019-09-23 | 63 | LETTER MOTION to Adjourn Conference scheduled for October 3, 2019, addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/23/2019., LETTER MOTION for Extension of Time to File Letter Re Proposed Next Steps addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 9/23/2019. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 09/23/2019) |
| 2019-09-24 | 64 | ORDER terminating 60 Motion for Reconsideration in light of ECF No. 62 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/24/2019) |
| 2019-09-24 | 65 | ORDER granting 63 Letter Motion to Adjourn Conference and for Extension of Time to File Joint Letter. The deadline for the parties' to file their joint letter regarding next steps is hereby extended to one week after the Court's ruling on Defendant's motion for reconsideration. The October 3, 2019 conference is ADJOURNED sine die. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/24/2019) |
| 2019-10-04 | 66 | MEMORANDUM OF LAW in Opposition re: 60 MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, . . Document filed by Natural Resources Defense Council. (Vladeck, David) (Entered: 10/04/2019) |
| 2019-10-11 | 67 | REPLY MEMORANDUM OF LAW in Support re: 62 MOTION for Reconsideration re; 57 Memorandum & Opinion, Set Hearings,,,,,,,,,, (Corrected Notice of Motion) . . Document filed by U.S. Environmental Protection Agency. (Onozawa, Tomoko) (Entered: 10/11/2019) |
| 2019-10-23 | 68 | MOTION for Stephanie K. Glaberson to Withdraw as Attorney . Document filed by Natural Resources Defense Council. (Attachments: # 1 Affidavit Declaration of Stephanie K. Glaberson)(Glaberson, Stephanie) (Entered: 10/23/2019) |
| 2019-10-23 | 69 | MEMO ENDORSEMENT granting 68 MOTION for Stephanie K. Glaberson to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate Docket No. 68. SO ORDERED. Attorney Stephanie Kaufman Glaberson terminated. (Signed by Judge Jesse M. Furman on 10/23/2019) (jca) (Entered: 10/23/2019) |
| 2019-10-24 | 70 | NOTICE OF APPEARANCE by Rachel Fried on behalf of Natural Resources Defense Council. (Fried, Rachel) (Entered: 10/24/2019) |
| 2019-10-25 | 71 | LETTER addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 10/25/2019 re: four records inadvertently excluded from motion for reconsideration. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 10/25/2019) |
| 2019-10-25 | 72 | LETTER addressed to Judge Jesse M. Furman from Rachel L. Fried dated October 25, 2019 re: Dkt 71, EPA Letter re records excluded from EPA motion for partial reconsideration. Document filed by Natural Resources Defense Council.(Fried, Rachel) (Entered: 10/25/2019) |
| 2019-12-02 | 73 | MEMORANDUM OPINION AND ORDER re: 62 MOTION for Reconsideration re; 57 Memorandum & Opinion, (Corrected Notice of Motion) . filed by U.S. Environmental Protection Agency. For the reasons stated above, the EPA's motion for reconsideration is DENIED. Per the Court's Order of September 24, 2019, the parties have until December 9, 2019, to file their joint letter regarding the next steps in this litigation. See ECF No. 65. The parties should indicate in their letter whether a conference to discuss next steps would be appropriate. The Clerk of Court is directed to terminate ECF No. 62. (As further set forth in this Order.) (Signed by Judge Jesse M. Furman on 12/2/2019) (cf) (Entered: 12/02/2019) |
| 2019-12-09 | 74 | LETTER addressed to Judge Jesse M. Furman from Rachel L. Fried dated December 9, 2019 re: Proposed next steps in litigation. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit Exhibit 1 (Diagram), # 2 Exhibit Exhibit 2 (Vaughn index records), # 3 Exhibit Exhibit 3 (Additional records))(Fried, Rachel) (Entered: 12/09/2019) |
| 2019-12-09 | 75 | LETTER addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 12/9/2019 re: defendant EPA's proposed next steps. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 12/09/2019) |
| 2019-12-11 | 76 | LETTER addressed to Judge Jesse M. Furman from Rachel L. Fried dated December 11, 2019 re: Opposition to EPA's letter request for a 60-day stay. Document filed by Natural Resources Defense Council.(Fried, Rachel) (Entered: 12/11/2019) |
| 2019-12-11 | 77 | ORDER, A status conference in this case will be held on Friday, December 13, 2019, at 9:30 a.m. in Courtroom 11B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 1007 (note that this is NOT the undersigneds usual courtroom or courthouse). Counsel should be prepared to discuss their proposals for how to proceed in this litigation. See ECF Nos. 74, 75. SO ORDERED. (Status Conference set for 12/13/2019 at 09:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/11/19) (yv) (Entered: 12/11/2019) |
| 2019-12-11 | 78 | REVISED SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for Friday, December 13, 2019, at 9:30 a.m., is RESCHEDULED for Friday, December 13, 2019, at 2:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 (note that this is a change from the prior order and is the undersigned's usual courtroom). SO ORDERED. Status Conference set for 12/13/2019 at 02:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/11/2019) (jca) (Entered: 12/11/2019) |
| 2019-12-13 | 79 | ORDER: As discussed on the record during the conference held today, it is hereby ORDERED that: No later than December 19, 2019, the EPA shall disclose the five records that the Court found, after in camera review, must be disclosed in full. ECF No. 57 ("August 30 Order") at 32-33. By the same date, the EPA shall also disclose the portions of the four records that the Court found must be disclosed in part. Id. No later than December 19, 2019, the EPA shall review the five records referenced in footnote 11 of the August 30 Order and disclose all reasonably segregable, non-exempt information. No later than January 20, 2020, the EPA shall review the 165 records listed in Exhibit 3 of the NRDC's December 9, 2019 letter, and, by the same date, shall notify NRDC whether it agrees with the categorizations in NRDC's December 9, 2019 letter. See ECF No. 74, at 4 & Ex. 3. No later than January 27, 2020, the parties shall file a joint letter indicating their agreement or disagreement regarding categorization of those records and, to the extent the parties disagree, proposed next steps. Further, unless and until the Court orders otherwise, no later than February 19, 2020, the EPA shall complete its review and production (as appropriate) of those 165 documents. No later than January 31, 2020, the EPA shall review the sixty-four records in the Vaughn index withheld under the deliberative process privilege for reasonably segregable, non-exempt information. See ECF No. 74, at 3. Finally, no later than January 31, 2020, the EPA is ORDERED to produce to the NRDC the twenty-eight records that the Court found were improperly withheld on the basis of the deliberative process privilege. See August 30, 2019 Order 37-39; ECF No. 74, at 2; ECF No. 75, at 2. The EPA shall advise the Court if it believes that entry of a partial judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure is appropriate. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/13/2019) (jca) (Entered: 12/13/2019) |
| 2019-12-13 | | Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 12/13/2019. Court reporter present. (ab) (Entered: 01/07/2020) |
| 2020-01-15 | 80 | LETTER MOTION for Extension of Time (motion to extend January 20, 2020 deadline to January 21, 2020) addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated Jan. 15, 2020., LETTER MOTION to Stay re: 79 Order,,,,,,,, (a stay of EPA's January 31, 2020 obligation to produce certain records to NRDC, to take effect upon the filing of a notice of appeal, and only as to those records which are the subject of the appeal) addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated Jan. 15, 2020. Document filed by U.S. Environmental Protection Agency.(Onozawa, Tomoko) (Entered: 01/15/2020) |
| 2020-01-16 | 81 | ORDER: granting 80 Letter Motion for Extension of Time; granting 80 Letter Motion to Stay. Request Granted. The Clerk of Court is directed to terminate ECF No. 80. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/2020) (ama) (Entered: 01/16/2020) |
| 2020-01-27 | 82 | LETTER addressed to Judge Jesse M. Furman from Rachel L. Fried and Tomoko Onozawa dated January 27, 2020 re: Categorization of records listed in Exhibit 3 to Letter of December 9, 2019, ECF No. 74, and proposed next steps. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit List of records and categorizations)(Fried, Rachel) (Entered: 01/27/2020) |
| 2020-01-31 | 83 | NOTICE OF INTERLOCUTORY APPEAL from 79 Order,,,,,,,,. Document filed by U.S. Environmental Protection Agency. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Onozawa, Tomoko) (Entered: 01/31/2020) |
| 2020-01-31 | | Appeal Fee Not Required for 83 Notice of Interlocutory Appeal. Appeal filed by U.S. Government. (tp) (Entered: 01/31/2020) |
| 2020-01-31 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 83 Notice of Interlocutory Appeal. (tp) (Entered: 01/31/2020) |
| 2020-01-31 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 83 Notice of Interlocutory Appeal filed by U.S. Environmental Protection Agency were transmitted to the U.S. Court of Appeals. (tp) (Entered: 01/31/2020) |
| 2020-01-31 | 84 | LETTER addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated January 31, 2020 re: the records that are the subject of the Notice of Appeal. Document filed by U.S. Environmental Protection Agency..(Onozawa, Tomoko) (Entered: 01/31/2020) |
| 2020-02-04 | 85 | MEMO ENDORSEMENT on re: 82 Letter Categorization of records listed in Exhibit 3 to Letter of December 9, 2019, ECF No. 74, and proposed next steps, filed by Natural Resources Defense Council. ENDORSEMENT: To the extent that the parties agree, their agreement is adopted as an order of the Court. No later than February 26, 2020, the EPA shall provide a draft Vaughn index to the NRDC. The parties shall then immediately meet and confer and, no later than March 11, 2020, submit a joint letter proposing next steps. Unless and until the Court orders otherwise, however, the EPA shall file any motion for summary judgment -- supported by a final Vaughn index -- no later than March 27, 2020. SO ORDERED., (Motions due by 3/27/2020.) (Signed by Judge Jesse M. Furman on 2/4/20) (yv) (Entered: 02/04/2020) |
| 2020-03-11 | 86 | LETTER addressed to Judge Jesse M. Furman from Rachel L. Fried and Tomoko Onozawa dated March 11, 2020 re: Proposed next steps in litigation. Document filed by Natural Resources Defense Council..(Fried, Rachel) (Entered: 03/11/2020) |
| 2020-03-12 | 87 | MEMO ENDORSEMENT on re: 86 Letter. ENDORSEMENT: Application GRANTED. The parties' proposed briefing schedule is hereby adopted.(Motions due by 4/1/2020. Cross Motions due by 4/27/2020 Responses due by 5/21/2020. Replies due by 6/5/2020.) (Signed by Judge Jesse M. Furman on 3/12/2020) (jwh) (Entered: 03/12/2020) |
| 2020-03-30 | 88 | FIRST LETTER MOTION for Extension of Time to File motion for summary judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 3/30/2020. Document filed by U.S. Environmental Protection Agency..(Onozawa, Tomoko) (Entered: 03/30/2020) |
| 2020-03-30 | 89 | ORDER granting 88 Letter Motion for Extension of Time to File. Application GRANTED. The parties' proposed briefing schedule is hereby adopted. The Clerk of Court is directed to terminate ECF No. 88. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/30/20) (yv) (Entered: 03/30/2020) |
| 2020-03-30 | | Set/Reset Deadlines: Cross Motions due by 5/4/2020. Motions due by 4/8/2020. Responses due by 5/28/2020. Replies due by 6/12/2020. (yv) (Entered: 03/30/2020) |
| 2020-04-08 | 90 | SECOND MOTION for Summary Judgment . Document filed by U.S. Environmental Protection Agency..(Onozawa, Tomoko) (Entered: 04/08/2020) |
| 2020-04-08 | 91 | MEMORANDUM OF LAW in Support re: 90 SECOND MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency..(Onozawa, Tomoko) (Entered: 04/08/2020) |
| 2020-04-08 | 92 | DECLARATION of Pamela S. Myrick in Support re: 90 SECOND MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7).(Onozawa, Tomoko) (Entered: 04/08/2020) |
| 2020-05-04 | 93 | CROSS MOTION for Summary Judgment . Document filed by Natural Resources Defense Council..(Fried, Rachel) (Entered: 05/04/2020) |
| 2020-05-04 | 94 | MEMORANDUM OF LAW in Support re: 93 CROSS MOTION for Summary Judgment ., 90 SECOND MOTION for Summary Judgment . (and in Opposition to SECOND MOTION for Summary Judgment) . Document filed by Natural Resources Defense Council..(Fried, Rachel) (Entered: 05/04/2020) |
| 2020-05-04 | 95 | DECLARATION of Sarah Tallman in Support re: 93 CROSS MOTION for Summary Judgment ., 90 SECOND MOTION for Summary Judgment .. Document filed by Natural Resources Defense Council. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Fried, Rachel) (Entered: 05/04/2020) |
| 2020-05-26 | 96 | LETTER MOTION for Extension of Time to File Response/Reply to NRDC's cross-motion for summary judgment addressed to Judge Jesse M. Furman from AUSA Tomoko Onozawa dated 5/26/2020. Document filed by U.S. Environmental Protection Agency..(Onozawa, Tomoko) (Entered: 05/26/2020) |
| 2020-05-27 | 97 | ORDER granting 96 Letter Motion for Extension of Time to File Response/Reply re 90 SECOND MOTION for Summary Judgment ., 93 CROSS MOTION for Summary Judgment . Application GRANTED. The Clerk of Court is directed to terminate ECF No. 96. SO ORDERED. ( Responses due by 6/5/2020. Replies due by 6/22/2020.)(Signed by Judge Jesse M. Furman on 5/27/20) (yv) (Entered: 05/27/2020) |
| 2020-06-05 | 98 | REPLY MEMORANDUM OF LAW in Support re: 90 SECOND MOTION for Summary Judgment . . Document filed by U.S. Environmental Protection Agency..(Onozawa, Tomoko) (Entered: 06/05/2020) |
| 2020-06-05 | 99 | DECLARATION of Tomoko Onozawa in Support re: 90 SECOND MOTION for Summary Judgment .. Document filed by U.S. Environmental Protection Agency. (Attachments: # 1 Exhibit 1).(Onozawa, Tomoko) (Entered: 06/05/2020) |
| 2020-06-22 | 100 | REPLY MEMORANDUM OF LAW in Support re: 93 CROSS MOTION for Summary Judgment . . Document filed by Natural Resources Defense Council..(Fried, Rachel) (Entered: 06/22/2020) |
| 2020-11-24 | 101 | MEMORANDUM OPINION AND ORDER re: 93 CROSS MOTION for Summary Judgment . filed by Natural Resources Defense Council, 90 SECOND MOTION for Summary Judgment . filed by U.S. Environmental Protection Agency. The NRDC's motion is GRANTED, and the EPA's motion is DENIED with respect to Documents 26339, 10238, 6761, and 14043 - that is, the Court concludes that none of these records are exempt from FOIA under the deliberative process privilege. Nevertheless, the EPA's obligation to produce Documents 26339 and 10238 to the NRDC is STAYED pending resolution of its related interlocutory appeal. By contrast, the NRDC's motion is DENIED, and the EPA's motion is GRANTED with respect to Document 1370, which was properly withheld. Similarly, the NRDC's motion is DENIED, and the EPA's motion is GRANTED with respect to the seventy-four documents for which the NRDC challenges segregability determinations. No later than two weeks from the date of this Memorandum Opinion and Order, the parties shall jointly file a letter describing what, if any, issues remain to be decided in this case and proposing next steps. The Clerk of Court is directed to terminate ECF Nos. 90 and 93. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/24/20) (yv) (Entered: 11/24/2020) |
| 2020-12-07 | 102 | LETTER addressed to Judge Jesse M. Furman from Rachel L. Fried and Tomoko Onozawa dated December 7, 2020 re: Issues remaining in litigation. Document filed by Natural Resources Defense Council..(Fried, Rachel) (Entered: 12/07/2020) |
| 2020-12-07 | 103 | ORDER: In a joint letter filed December 7, 2020, the parties indicated that no issues remain for this Court to decide in this case pending the Second Circuit's ruling on EPA's pending interlocutory appeal. ECF No. 102. In light of that representation, the Clerk of Court is directed to administratively close the case without prejudice to either party moving to reopen the case within thirty days of any decision by the Second Circuit on EPA's interlocutory appeal. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2020) (jca) (Entered: 12/07/2020) |
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