| Date Filed | Doc # | Docket Text |
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| 2020-02-14 | 1 | COMPLAINT against U.S. Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-18807943)Document filed by Waterkeeper Alliance, Inc., Environmental Integrity Project, Clean Water Action, Sierra Club. (Attachments: # 1 Exhibit Signed Pruitt Letter 2017-09-13-155129, # 2 Exhibit FOIA CCR Rule EPA 110918, # 3 Exhibit 11.20.2018 EPA Letter, # 4 Exhibit 12.19.2018 email exchange, # 5 Exhibit 04.24.2019 email exchange, # 6 Exhibit 05.06 email exchange, # 7 Exhibit 05.08.2019 email exchange, # 8 Exhibit 5.22.2019 email exchange, # 9 Exhibit 5.29.2019 McLendon email, # 10 Exhibit 5.29.2019 Weaver email, # 11 Exhibit 7.8.2019 email exchange, # 12 Exhibit 7.18.2019 call Agreement, # 13 Exhibit 7.24.2019 email exchange, # 14 Exhibit 8.7.2019 email exchange, # 15 Exhibit 9.3.2019 email exchange, # 16 Exhibit 9.4.2019 email exchange, # 17 Exhibit 9.18.2019 EPA email to EJ, # 18 Exhibit 10.2.2019 EPA email to EJ, # 19 Exhibit 10.14.2019 EJ email exchange, # 20 Exhibit 10.30.2019 EJ email to EPA, # 21 Exhibit 11.20.2019 email exchange, # 22 Exhibit 12.9, 1.8.2020 and 1.10.2020 email exchange, # 23 Exhibit 12.9.2019 EPA automated message, # 24 Exhibit 1.16.2020 EJ email to EPA, # 25 Exhibit FOIAonline Submission Details).(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-14 | 2 | CIVIL COVER SHEET filed..(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-14 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Clean Water Action..(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-14 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Integrity Project..(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-14 | 5 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sierra Club..(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-14 | 6 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Waterkeeper Alliance, Inc...(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-14 | 7 | REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint,,,,,. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc...(Cmar, Thomas) (Entered: 02/14/2020) |
| 2020-02-18 | | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Joseph Cmar. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code Albany;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to XX Out of State;. (jgo) (Entered: 02/18/2020) |
| 2020-02-18 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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: 02/18/2020) |
| 2020-02-18 | | Magistrate Judge James L. Cott 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: 02/18/2020) |
| 2020-02-18 | | Case Designated ECF. (jgo) (Entered: 02/18/2020) |
| 2020-02-18 | 8 | ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency..(jgo) (Entered: 02/18/2020) |
| 2020-03-06 | 9 | MOTION for Shubra Ohri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19030624. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc.. (Attachments: # 1 Affidavit Declaration and Certificate of Good Standing, # 2 Text of Proposed Order).(Ohri, Shubra) (Entered: 03/06/2020) |
| 2020-03-06 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Shubra Ohri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19030624. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/06/2020) |
| 2020-03-06 | 10 | NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 03/06/2020) |
| 2020-03-09 | 11 | ORDER granting 9 Motion for Shubra Ohri to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 03/09/2020) |
| 2020-03-31 | 12 | ANSWER to 1 Complaint,,,,,. Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 03/31/2020) |
| 2020-04-01 | 13 | SUMMONS RETURNED EXECUTED. U.S. Environmental Protection Agency served on 3/5/2020, answer due 3/26/2020. Service was made by Mail. Document filed by Waterkeeper Alliance, Inc.; Environmental Integrity Project; Clean Water Action; Sierra Club. (Attachments: # 1 Exhibit A. Proof of Service on EPA, # 2 Exhibit B. Proof of Service on U.S. Attorney General, # 3 Exhibit C. Proof of Service on U.S. Attorney's Office, SDNY).(Cmar, Thomas) (Entered: 04/01/2020) |
| 2020-04-06 | 14 | SCHEDULING ORDER: Accordingly: It is hereby ORDERED that the parties shall file a proposed Case Management Plan and joint letter in compliance with the Court's Individual Rules of Practice in Civil Cases no later than May 8, 2020. Both a model Case Management Plan and the Courts Individual Rules are available at https://nysd.uscourts.gov/hon-mary-kay-vyskocil. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/6/2020) (js) (Entered: 04/06/2020) |
| 2020-04-28 | 15 | JOINT LETTER addressed to Judge Mary Kay Vyskocil from Christine S. Poscablo dated April 28, 2020 re: Joint Letter in Compliance with Court's April 6, 2020 Order. Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 04/28/2020) |
| 2020-04-29 | 16 | MEMO ENDORSEMENT on re: 15 Letter filed by U.S. Environmental Protection Agency. ENDORSEMENT: The Court adopts the production schedule the Parties have agreed to, as described in this letter. The Parties should submit a joint status letter on or before July 24, 2020 detailing the status of the production and any issues left to resolve in this litigation. (Signed by Judge Mary Kay Vyskocil on 4/29/2020) (mro) (Entered: 04/29/2020) |
| 2020-07-24 | 17 | STATUS REPORT. and Request for Permission to File Further Status Report on or Before August 24, 2020 Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 07/24/2020) |
| 2020-07-27 | 18 | MEMO ENDORSEMENT on re: 17 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The Parties should submit a further status update on or before August 24, 2020 explaining any issues remaining in this litigation. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/27/2020) (kv) (Entered: 07/27/2020) |
| 2020-08-24 | 19 | STATUS REPORT. and Request for Permission to File Further Status Report on or Before September 23, 2020 Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 08/24/2020) |
| 2020-08-25 | 20 | MEMO ENDORSEMENT on re: 19 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: The Parties should submit a further status update on or before September 23, 2020. (Signed by Judge Mary Kay Vyskocil on 8/25/2020) (rro) (Entered: 08/25/2020) |
| 2020-09-23 | 21 | STATUS REPORT. and Request for Permission to File Proposed Stipulation and Order of Dismissal or Further Status Report on or Before November 23, 2020 Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 09/23/2020) |
| 2020-09-24 | 22 | MEMO ENDORSEMENT on re: 21 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/24/2020) (va) (Entered: 09/24/2020) |
| 2020-11-23 | 23 | STATUS REPORT. Document filed by Clean Water Action, Environmental Integrity Project, Sierra Club, Waterkeeper Alliance, Inc...(Cmar, Thomas) (Entered: 11/23/2020) |
| 2020-11-24 | 24 | MEMO ENDORSEMENT on re: 23 Status Report filed by Environmental Integrity Project, Waterkeeper Alliance, Inc., Clean Water Action, Sierra Club. ENDORSEMENT: GRANTED. The Parties should submit further filings on the schedule set forth herein. (Signed by Judge Mary Kay Vyskocil on 11/24/2020) (rro) (Entered: 11/24/2020) |
| 2021-01-24 | 25 | STATUS REPORT. and Joint Request for Additional Time to File Stipulation of Dismissal or Further Status Report Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 01/24/2021) |
| 2021-01-25 | 26 | MEMO ENDORSEMENT on re: 25 Status Report filed by U.S. Environmental Protection Agency. ENDORSEMENT: GRANTED. A further update or stipulation should be submitted on or before February 25, 2021. (Signed by Judge Mary Kay Vyskocil on 1/25/2021) (mro) (Entered: 01/25/2021) |
| 2021-02-22 | 27 | PROPOSED STIPULATION AND ORDER. Document filed by U.S. Environmental Protection Agency..(Poscablo, Christine) (Entered: 02/22/2021) |
| 2021-02-23 | 28 | STIPULATION AND ORDER: NOW, THEREFORE, the parties hereby stipulate and agree as follows: As soon as reasonably practicable after the Court has approved and docketed this Stipulation, EPA shall pay twelve thousand dollars ($12,000) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by Plaintiffs for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payments shall be made by electronic funds transfer, and counsel for Plaintiffs will provide the necessary information for EPA to effectuate the transfer. Any obligation of EPA 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 EPA to obligate or pay funds in contravention of the Anti-Deficiency Act. This Stipulation constitutes the full and complete satisfaction of any and all claims on behalf of Plaintiffs arising from (a) the allegations set forth in the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that Plaintiffs brought or could have brought against EPA regarding Plaintiffs' claims in this case, including all claims for attorneys' fees and costs. Any and all remaining issues in this litigation are waived by all Parties. And as set forth herein. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/23/2021) (ama) (Entered: 02/23/2021) |
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