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Case TitleNatural Resources Defense Council, Inc. v. White House Office of Management and Budget et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2005cv10594
Date Filed2005-12-16
Date Closed2006-10-03
JudgeJudge Richard J. Holwell
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted FOIA requests to OMB, the Office of Science and Technology Policy, and the EPA for records concerning EPA's standards governing the use of data from studies that expose human subjects to chemicals. NRDC also requested a fee waiver. OMB located 221 documents responsive to the request but withheld 195 documents under Exemption 5 (privileges). NRDC filed an administrative appeal of OMB's denial. The agency upheld the use of Exemption 5 but disclosed a few more records. OTSP did not respond. The EPA acknowledged receipt of the request and granted NRDC's request for a fee waiver. However, the agency indicated only that it was starting to process the request. After hearing nothing further from any of the agencies, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Environmental Protection Agency
DefendantWhite House Office of Management and Budget
DefendantWhite House Office of Science and Technology Policy
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-12-161COMPLAINT against United States Environmental Protection Agency, White House Office of Management and Budget, White House Office of Science and Technology Policy. (Filing Fee $ 250.00, Receipt Number 564593)Document filed by Natural Resources Defense Council, Inc..(kco, ) (Entered: 12/19/2005)
2005-12-16SUMMONS ISSUED as to White House Office of Management and Budget, White House Office of Science and Technology Policy, United States Environmental Protection Agency, U.S. Attorney and U.S. Attorney General. (kco, ) (Entered: 12/19/2005)
2005-12-16Magistrate Judge Frank Maas is so designated. (kco, ) (Entered: 12/19/2005)
2005-12-16Case Designated ECF. (kco, ) (Entered: 12/19/2005)
2005-12-162RULE 7.1 DISCLOSURE STATEMENT. Document filed by Natural Resources Defense Council, Inc..(kco, ) (Entered: 12/19/2005)
2006-01-203ENDORSED LETTER addressed to Judge Holwell from Benjamin Torrance dated 1/17/06: granting an extension of time to answer the complaint until 2/21/06. (Signed by Judge Richard J. Holwell on 1/18/06) (cd, ) (Entered: 01/23/2006)
2006-01-20Set Answer Due Date purs. to 3 Endorsed Letter as to White House Office of Management and Budget answer due on 2/21/2006; White House Office of Science and Technology Policy answer due on 2/21/2006; United States Environmental Protection Agency answer due on 2/21/2006. (cd, ) (Entered: 01/23/2006)
2006-01-314INITIAL SCHEDULING CONFERENCE NOTICE AND ORDER: Initial Scheduling Conference set for 3/17/2006 at 10:30 AM before Judge Richard J. Holwell in courtroom 17B at the US Courthouse, 500 Pearl Street, New York, New York 10007. (Signed by Judge Richard J. Holwell on 1/31/2006) (lb, ) (Entered: 02/01/2006)
2006-02-215ANSWER to Complaint. Document filed by White House Office of Management and Budget, White House Office of Science and Technology Policy, United States Environmental Protection Agency.(Torrance, Benjamin) (Entered: 02/21/2006)
2006-03-066SUMMONS RETURNED EXECUTED. White House Office of Management and Budget served on 12/28/2005, answer due 2/21/2006; White House Office of Science and Technology Policy served on 12/28/2005, answer due 2/21/2006; United States Environmental Protection Agency served on 12/27/2005, answer due 2/21/2006. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Toledo, Amelia) (Entered: 03/06/2006)
2006-03-147ORDER: Pretrial Conference set for 3/23/2006 at 11:00 AM before Judge Loretta A. Preska. (Signed by Judge Loretta A. Preska on 3/14/06) (sac, ) (Entered: 03/14/2006)
2006-03-278ORDER; Pretrial Conference set for 4/4/2006 at 10:30 AM before Judge Richard J. Holwell, in Courtroom 17B. (Signed by Judge Richard J. Holwell on 3/27/06) (sac, ) (Entered: 03/27/2006)
2006-04-12Minute Entry for proceedings held before Judge Richard J. Holwell : Initial Pretrial Conference held on 4/12/2006. The court sets case management plan: the court to set next PTC upon receiving submissions by parties. (dle, ) (Entered: 04/19/2006)
2006-04-139SCHEDULING REPORT AND ORDER: Amended Pleadings due by 4/28/2006. Joinder of Parties due by 3/17/2006. (Signed by Judge Richard J. Holwell on 4/12/06) (jco, ) (Entered: 04/14/2006)
2006-05-1110MOTION for an order, admitting Albert Huang to Appear Pro Hac Vice. Document filed by Natural Resources Defense Council, Inc.. (sac, ) (Entered: 05/18/2006)
2006-06-0111ORDER granting 10 Motion for Albert Huang to Appear Pro Hac Vice . (Signed by Judge Richard J. Holwell on 5/30/06) (jco, ) (Entered: 06/02/2006)
2006-06-01Transmission to Attorney Admissions Clerk. Transmitted re: 11 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: 06/02/2006)
2006-06-0712ENDORSED LETTER addressed to Judge Richard J. Holwell from Benjamin Torrance dated 5/26/06 re: counsel for the government requests an extension of the deadline set by the court for the government to produce indexes of documents exempt from disclosure to 7/3/06. Application granted. Production of Vaugn index must be complete by 7/3/06. No further extensions will be granted. (Signed by Judge Richard J. Holwell on 6/7/06) (dle, ) (Entered: 06/07/2006)
2006-06-2113ENDORSED LETTER addressed to Judge Holwell from Amelia Toledo dated 6/16/06: that the Court set 7/14/06 as the new deadline for the parties to file a proposd briefing schedule. (Signed by Judge Richard J. Holwell on 6/21/06) (cd, ) (Entered: 06/21/2006)
2006-06-3014ENDORSED LETTER addressed to Judge Richard J. Holwell from Benjamin H. Torrance dated 6/29/06 re: a request that the deadline for EPA's index be extended to 7/10/2006 and the deadline for a proposed breifing schedule be extended yo 7/21/2006. ENDORSEMENT: Application granted. (Signed by Judge Richard J. Holwell on 6/29/06) (kco, ) (Entered: 06/30/2006)
2006-08-0315ENDORSED LETTER addressed to Judge Richard J. Holwell from Amelia Toledo dated 7/21/06 re: granting request; Dfts' motions due by 9/15/2006. Plaintiff's Opposition and Cross Motions due by 10/13/2006. Dfts' opposition and replies due by 10/27/2006. Plaintiffs reply 11/10/06. (Signed by Judge Richard J. Holwell on 8/2/06) (pl, ) Modified on 8/4/2006 (pl, ). (Entered: 08/04/2006)
2006-09-1516ENDORSED LETTER addressed to Judge Richard J. Holwell from Benjamin H. Torrance dated 9/11/2006 re: requesting that the new schedule be as follows: Govt's motion by 9/29; Plaintiff's motion by 10/27; Govt's response by 11/10; Plaintiff's response by 11/24. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Holwell on 9/14/2006) (lb, ) (Entered: 09/15/2006)
2006-09-15Set/Reset Deadlines: Motions due by 10/27/2006. Responses due by 11/24/2006. (lb, ) (Entered: 09/15/2006)
2006-09-1917MOTION for Amelia E. Toledo to Withdraw as Attorney. Document filed by Natural Resources Defense Council, Inc.. Return Date set for 9/19/2006 03:33 PM. (Bernard, Mitchell) (Entered: 09/19/2006)
2006-09-1918DECLARATION of Amelia E. Toledo in Support re: 17 MOTION for Amelia E. Toledo to Withdraw as Attorney.. Document filed by Natural Resources Defense Council, Inc.. (Bernard, Mitchell) (Entered: 09/19/2006)
2006-09-2619ORDER: It is hereby ordered that the motion of Amella E. Toledo, Esq. for leave to withdraw as counsel is hereby GRANTED. (Signed by Judge Richard J. Holwell on 9/23/06) (js, ) (Entered: 09/26/2006)
2006-10-0320STIPULATION OF SETTLEMENT AND DISMISSAL: This action is hereby dismissed with prejudice and without costs. (Signed by Judge Richard J. Holwell on 9/29/2006) (lb, ) (Entered: 10/03/2006)
2006-11-2921ENDORSED LETTER addressed to Judge Richard J. Holwell from Albert York Huang dated 11/22/06 re: Counsel writes to request that the deadline allowing plaintiffs to file an application for attorneys' fees be extended by 20 days to 1/31/07. So Ordered. (Signed by Judge Richard J. Holwell on 11/28/06) (jco, ) (Entered: 11/29/2006)
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