| Date Filed | Doc # | Docket Text |
|
| 2020-02-03 | 1 | COMPLAINT against United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-18664736)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Exhibit A to Complaint, # 2 Exhibit Exhibit B to Complaint, # 3 Exhibit Exhibit C to Complaint, # 4 Exhibit Exhibit D to Complaint).(Gustafson, Robert) (Entered: 02/03/2020) |
| 2020-02-03 | 2 | CIVIL COVER SHEET filed..(Gustafson, Robert) (Entered: 02/03/2020) |
| 2020-02-03 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: 1 Complaint,. Document filed by Natural Resources Defense Council, Inc...(Gustafson, Robert) (Entered: 02/03/2020) |
| 2020-02-03 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc...(Gustafson, Robert) (Entered: 02/03/2020) |
| 2020-02-04 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 02/04/2020) |
| 2020-02-04 | | Magistrate Judge Robert W. Lehrburger 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 02/04/2020) |
| 2020-02-04 | | Case Designated ECF. (jgo) (Entered: 02/04/2020) |
| 2020-02-04 | 5 | ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency..(jgo) (Entered: 02/04/2020) |
| 2020-02-04 | 6 | NOTICE OF APPEARANCE by Catherine Marlantes Rahm on behalf of Natural Resources Defense Council, Inc...(Rahm, Catherine) (Entered: 02/04/2020) |
| 2020-03-04 | 7 | AFFIDAVIT OF SERVICE (FOIA CASE). United States Environmental Protection Agency served on 2/28/2020, answer due 3/30/2020. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Gustafson, Robert) (Entered: 03/04/2020) |
| 2020-03-12 | 8 | NOTICE OF APPEARANCE by Michael James Byars on behalf of United States Environmental Protection Agency..(Byars, Michael) (Entered: 03/12/2020) |
| 2020-03-17 | 9 | NOTICE OF APPEARANCE by Margaret T. Hsieh on behalf of Natural Resources Defense Council, Inc...(Hsieh, Margaret) (Entered: 03/17/2020) |
| 2020-03-31 | 10 | CONSENT LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated March 31, 2020. Document filed by United States Environmental Protection Agency..(Byars, Michael) (Entered: 03/31/2020) |
| 2020-04-02 | 11 | ORDER granting 10 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/2/2020) (rj) (Entered: 04/02/2020) |
| 2020-04-02 | | Set/Reset Deadlines: United States Environmental Protection Agency answer due 4/22/2020. (rj) (Entered: 04/02/2020) |
| 2020-04-22 | 12 | ANSWER to 1 Complaint,. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 04/22/2020) |
| 2020-05-05 | 13 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Andrew L. Carter, Jr on 5/5/2020) (rj) (Entered: 05/05/2020) |
| 2020-05-06 | 14 | SCHEDULING ORDER: Initial Pretrial Conference via telephone set for 5/20/2020 at 2:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference line at (888)-398-2342 and enter pass code 9543348. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (rsh) (Entered: 05/06/2020) |
| 2020-05-13 | 15 | JOINT LETTER MOTION to Adjourn Conference & Letter Regarding Case Management Plan addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated May 13, 2020. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 05/13/2020) |
| 2020-05-14 | 16 | ORDER granting 15 Letter Motion to Adjourn Conference. The Court hereby so-orders all deadlines proposed above. Accordingly, there is no need to hold an initial pretrial conference. The May 20, 2020 conference is hereby cancelled. If necessary, the parties are invited to reach out to the Court to schedule another conference. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/14/2020) (mml) (Entered: 05/15/2020) |
| 2020-05-14 | | Set/Reset Deadlines: Amended Pleadings due by 7/31/2020. Joinder of Parties due by 7/31/2020. (mml) (Entered: 05/15/2020) |
| 2020-06-10 | 17 | LETTER MOTION for Extension of Time for EPA to commence review of documents addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated June 10, 2020. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 06/10/2020) |
| 2020-06-17 | 18 | ORDER granting 17 LETTER MOTION for Extension of Time for EPA to commence review of documents addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated June 10, 2020. Document filed by United States Environmental Protection Agency. So ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 6/17/2020) (rjm) (Entered: 06/17/2020) |
| 2020-09-11 | 19 | ORDER: By September 21, 2020, the parties shall file a joint letter briefly updating the Court on the status of the instant matter. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/11/2020) Copies transmitted to all counsel of record. (kv) (Entered: 09/11/2020) |
| 2020-09-21 | 20 | JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Dominika Tarczynska dated September 21, 2020 re: Joint Status Letter. Document filed by United States Environmental Protection Agency..(Tarczynska, Dominika) (Entered: 09/21/2020) |
| 2020-09-22 | 21 | ORDER: Every sixty days, the parties shall file a joint status report updating the Court on the status of the instant matter. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/22/2020) Copies transmitted this date to all counsel of record. (mml) (Entered: 09/22/2020) |
| 2020-11-19 | 22 | NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 11/19/2020) |
| 2020-11-23 | 23 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 11/23/2020) |
| 2021-01-22 | 24 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 01/22/2021) |
| 2021-03-23 | 25 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 03/23/2021) |
| 2021-05-24 | 26 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 05/24/2021) |
| 2021-05-25 | 27 | MEMO ENDORSEMENT on re: 26 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/25/2021) (mml) (Entered: 05/25/2021) |
| 2021-07-23 | 28 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 07/23/2021) |
| 2021-08-20 | 29 | MOTION for Robert M. Gustafson to Withdraw as Attorney . Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Declaration).(Gustafson, Robert) (Entered: 08/20/2021) |
| 2021-08-23 | 30 | MEMO ENDORSED ORDER granting 29 Motion to Withdraw as Attorney. Pursuant to Local Rule 1.4, Robert M. Gustafson, of the Natural Resources Defense Council, hereby moves to withdraw as counsel for Plaintiff. Robert M. Gustafson's employment at the Natural Resources Defense Council is ending. Robert M. Gustafson is not asserting a retaining or charging lien. Plaintiff will continue to be represented by their other current counsel, including Margaret T. Hsieh and Catherine Marlantes Rahm. ENDORSEMENT: SO ORDERED. Attorney Robert M Gustafson terminated.. (Signed by Magistrate Judge Robert W. Lehrburger on 8/23/2021) (mml) (Entered: 08/23/2021) |
| 2021-09-21 | 31 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 09/21/2021) |
| 2021-10-07 | 32 | JOINT LETTER MOTION to Expedite and modification of the remaining processing and production deadlines addressed to Magistrate Judge Robert W. Lehrburger from Natasha W. Teleanu and Margaret Hsieh dated October 7, 2021. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 10/07/2021) |
| 2021-10-08 | 33 | ORDER granting 32 JOINT LETTER MOTION to Expedite and modification of the remaining processing and production deadlines. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/8/2021) (jca) (Entered: 10/08/2021) |
| 2021-11-22 | 34 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 11/22/2021) |
| 2022-02-10 | 35 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 02/10/2022) |
| 2022-02-11 | 36 | MEMO ENDORSEMENT on re: 35 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/11/2022) (mml) (Entered: 02/11/2022) |
| 2022-03-01 | 37 | NOTICE OF CHANGE OF ADDRESS by Margaret T. Hsieh on behalf of Natural Resources Defense Council, Inc.. New Address: Natural Resources Defense Council, 111 Sutter Street, Fl. 21, 21st Fl., San Francisco, CA, USA 94104, 415-875-6135..(Hsieh, Margaret) (Entered: 03/01/2022) |
| 2022-04-13 | 38 | STATUS REPORT. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 04/13/2022) |
| 2022-04-14 | 39 | MEMO ENDORSEMENT on re: 38 Status Report filed by United States Environmental Protection Agency. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/14/2022) (mml) (Entered: 04/14/2022) |
| 2022-04-26 | 40 | LETTER MOTION to Substitute Attorney. Old Attorney: Michael James Byars, New Attorney: Natasha W. Teleanu addressed to Magistrate Judge Robert W. Lehrburger from Natasha W. Teleanu dated April 26, 2022. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 04/26/2022) |
| 2022-04-26 | 41 | ORDER granting 40 Letter Motion to Substitute Attorney. The Clerk of Court is respectfully requested to terminate the appearance ofMichael James Byars. SO ORDERED. Attorney Michael James Byars terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 4/26/2022) (mml) (Entered: 04/26/2022) |
| 2022-05-02 | 42 | LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Natasha W. Teleanu dated May 2, 2022. Document filed by United States Environmental Protection Agency. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order of Settlement and Dismissal).(Teleanu, Natasha) (Entered: 05/02/2022) |
| 2022-05-02 | 43 | PROPOSED STIPULATION AND ORDER. Document filed by United States Environmental Protection Agency..(Teleanu, Natasha) (Entered: 05/02/2022) |
| 2022-05-03 | 44 | ORDER granting 42 Letter Motion to Adjourn sine die status report deadline. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh). (Entered: 05/03/2022) |
| 2022-05-16 | 45 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: 1. The Document Productions made by Defendant in this action fully resolve any and all claims that Plaintiff now has or may hereinafter acquire against Defendant or the United States of America (the "United States"), or any department, agency, officer, or employee of Defendant and/or the United States, for the release of the records arising from Plaintiff'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, Defendant shall pay to Plaintiff via electronic funds transfer the sum of THIRTEEN THOUSAND DOLLARS AND ZERO CENTS ($13,000.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept in complete satisfaction of any and all claims by Plaintiff for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for Plaintiff will provide the necessary information for Defendant 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 Defendant or the United States or their agents, servants, or employees, and is entered into by all 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 Defendant, the United States, or any agency or instrumentality of the United States. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. 8. Counsel for Defendant will be filing this Stipulation and Order via the ECF system on behalf of all parties. Pursuant to Rule 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court for the Southern District of New York, counsel for Plaintiff consents to the electronic filing of this Stipulation and Order by counsel for Defendant and such filing shall constitute a dismissal of this action with prejudice pursuant Federal Rule of Civil Procedure 41(a)(1)(A)(ii). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/16/2022) (ate) (Entered: 05/16/2022) |
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