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Case TitleRiverkeeper, Inc. et al v. Office of Management and Budget
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv04426
Date Filed2015-06-08
Date Closed2016-12-12
JudgeJudge Katherine Polk Failla
PlaintiffRiverkeeper, Inc.
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionRiver Keeper, Inc. and the Natural Resources Defense Council submitted a FOIA request to the Office of Management and Budget for records concerning its involvement reviewing EPA regulations pertaining to the Clean Water Act and the Endangered Species Act. The parties had several email exchanges and OMB finally released 71 pages seven months later. Dissatisfied with the pace and quantity of the response, River Keeper, Inc. and NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOffice of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-06-081COMPLAINT against Office of Management and Budget. (Filing Fee $ 400.00, Receipt Number 0208-11007639)Document filed by Riverkeeper, Inc., Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A - Part 1 - FOIA Request, # 2 Exhibit A - Part 2 - FOIA Request attachments, # 3 Exhibit B - acknowledgement, # 4 Exhibit C - unusual circumstances, # 5 Exhibit D - First letter, # 6 Exhibit E - Second letter, # 7 Exhibit F - Interim response, # 8 Exhibit G - Third letter, # 9 Exhibit H - Fourth letter)(Super, Reed) (Entered: 06/08/2015)
2015-06-082CIVIL COVER SHEET filed. (Super, Reed) (Entered: 06/08/2015)
2015-06-083RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc., Riverkeeper, Inc..(Super, Reed) (Entered: 06/08/2015)
2015-06-084REQUEST FOR ISSUANCE OF SUMMONS as to Office of Management and Budget, re: 1 Complaint,,. Document filed by Natural Resources Defense Council, Inc., Riverkeeper, Inc.. (Super, Reed) (Entered: 06/08/2015)
2015-06-09***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Reed Wayne Super. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (dgo) (Entered: 06/09/2015)
2015-06-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 . (dgo) (Entered: 06/09/2015)
2015-06-09Magistrate Judge Gabriel W. Gorenstein is so designated. (dgo) (Entered: 06/09/2015)
2015-06-09Case Designated ECF. (dgo) (Entered: 06/09/2015)
2015-06-095ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget. (dgo) (Entered: 06/09/2015)
2015-06-196NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/4/2015 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 6/19/2015) (kko) (Entered: 06/19/2015)
2015-06-227NOTICE OF APPEARANCE by Jacob Max Bergman on behalf of Office of Management and Budget. (Bergman, Jacob) (Entered: 06/22/2015)
2015-06-308AFFIDAVIT OF SERVICE. Office of Management and Budget served on 6/10/2015, answer due 7/1/2015. Service was made by Mail. Document filed by Riverkeeper, Inc.; Natural Resources Defense Council, Inc.. (Attachments: # 1 Supplement further explanation, # 2 Supplement stamped first page, # 3 Supplement returned receipt)(Super, Reed) (Entered: 06/30/2015)
2015-06-309LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from Jacob M. Bergman dated June 30, 2015. Document filed by Office of Management and Budget.(Bergman, Jacob) (Entered: 06/30/2015)
2015-07-0110ORDER granting 9 Letter Motion for Extension of Time to Answer re 1 Complaint. Application GRANTED. Defendant's time to respond to the Complaint is hereby extended to August 6, 2015. The initial pretrial conference currently scheduled for August 4, 2015, is hereby adjourned to August 11, 2015, at 10:30 a.m. (Office of Management and Budget answer due 8/6/2015.) (Signed by Judge Katherine Polk Failla on 7/1/2015) (spo) (Entered: 07/02/2015)
2015-07-01Set/Reset Hearings: Initial Conference set for 8/11/2015 at 10:30 AM before Judge Katherine Polk Failla. (spo) (Entered: 07/02/2015)
2015-07-31***DELETED DOCUMENT. NOTICE OF MEDIATOR ASSIGNMENT. The document was incorrectly filed in this case. (cda) (Entered: 07/31/2015)
2015-08-0411NOTICE of Proof of Notice of Initial Pretrial Conference and Court's Individual Rules. Document filed by Natural Resources Defense Council, Inc., Riverkeeper, Inc.. (Super, Reed) (Entered: 08/04/2015)
2015-08-0612ANSWER to 1 Complaint,,. Document filed by Office of Management and Budget.(Bergman, Jacob) (Entered: 08/06/2015)
2015-08-0613LETTER addressed to Judge Katherine Polk Failla from Jacob M. Bergman dated August 6, 2015 re: Initial Pretrial Conference. Document filed by Office of Management and Budget.(Bergman, Jacob) (Entered: 08/06/2015)
2015-08-0714MEMO ENDORSEMENT on re: 13 Letter filed by Office of Management and Budget. ENDORSEMENT: Application GRANTED. The Court accepts this submission as a joint status letter, and the parties are excused from submitting a case management plan and proposed scheduling order. (Signed by Judge Katherine Polk Failla on 8/7/2015) (mro) (Entered: 08/10/2015)
2015-08-11Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 8/11/2015. (Lopez, Jose) (Entered: 08/11/2015)
2015-09-1615STIPULATION AND ORDER: OMB shall review 1000 documents per month and produce any responsive documents on the last business day of each month until it has produced all responsive documents that it has gathered; OMB will exclude attachments to e-mails from the search for responsive documents, without prejudice to Plaintiffs' right to receive the responsive attachments, subject to applicable FOIA exemptions, upon request following Plaintiffs' review of the e-mail(s) to which they were attached; In the event that Plaintiffs' request that OMB produce a Vaughn Index prior to OMB completing production of all responsive documents, OMB shall provide Plaintiffs with a Vaughn Index within a reasonable period of time following such request; For good cause shown, such as, but not limited to, force majeure, Defendant may petition the court for an extension of the deadlines set forth herein. Examples of good cause include but are not limited to government shut-down or sequester causing the closure of Defendant's offices in Washington D.C. for more than three business days, a weather event of significant magnitude that causes Defendant's offices in Washington D.C. to be closed for more than three business days, or an act of terrorism or war that forces the closure of Defendant's offices in Washington D.C. for more than three business days. Plaintiffs retain the right to oppose any such petition on any grounds. (Signed by Judge Katherine Polk Failla on 9/16/2015) (tn) (Entered: 09/16/2015)
2016-02-1216LETTER addressed to Judge Katherine Polk Failla from Jacob M. Bergman dated February 12, 2016 re: Status Report. Document filed by Office of Management and Budget.(Bergman, Jacob) (Entered: 02/12/2016)
2016-02-1517MEMO ENDORSEMENT on re: 16 LETTER addressed to Judge Katherine Polk Failla from Jacob M. Bergman dated February 12, 2016 re: Status Report. Document filed by Office of Management and Budget. ENDORSEMENT: The parties are directed to submit a joint status letter informing the Court of any outstanding production issues in this matter no later than March 16, 2016. So ordered. (Signed by Judge Katherine Polk Failla on 2/15/2016) (rjm) (Entered: 02/16/2016)
2016-02-1918NOTICE OF CHANGE OF ADDRESS by Reed Wayne Super on behalf of All Plaintiffs. New Address: Super Law Group, LLC, 180 Maiden Lane, Suite 603, New York, New York, USA 10038, 212-242-2355. (Super, Reed) (Entered: 02/19/2016)
2016-03-1619LETTER addressed to Judge Katherine Polk Failla from Jacob M. Bergman dated March 16, 2016 re: Status Report. Document filed by Office of Management and Budget.(Bergman, Jacob) (Entered: 03/16/2016)
2016-10-1320MEMO ENDORSEMENT on re: 19 LETTER addressed to Judge Katherine Polk Failla from Jacob M. Bergman dated March 16, 2016 re: Status Report. Document filed by Office of Management and Budget. ENDORSEMENT: The parties are directed to submit a joint letter updating the Court on the status of the items described above by October 20, 2016. So ordered. (Signed by Judge Katherine Polk Failla on 10/13/2016) (rjm) (Entered: 10/13/2016)
2016-10-1921STATUS REPORT. Document filed by Office of Management and Budget.(Bergman, Jacob) (Entered: 10/19/2016)
2016-12-1222STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: Pursuant to U.S.C. 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, OMB shall pay Plaintiffs the sum of $16,000 in attorneys' fees and litigation costs (the "Settlement Amount"), which sum Plaintiffs agree to accept in full satisfaction of any possible claim, demand or entitlement for attorney's fees and costs Plaintiffs have incurred or will incur in this action. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (Signed by Judge Katherine Polk Failla on 12/12/2016) (tro) (Entered: 12/12/2016)
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