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Case TitleNatural Resources Defense Council, Inc. v. Office of Management and Budget
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv02855
Date Filed2017-04-20
Date Closed2018-05-16
JudgeJudge Lorna G. Schofield
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to OMB for records concerning the implementation of President Trump's executive order on reducing regulations and curbing costs. NRDC also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantOffice of Management and Budget
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-201COMPLAINT against Office of Management and Budget. (Filing Fee $ 400.00, Receipt Number 0208-13565477)Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 04/20/2017)
2017-04-202CIVIL COVER SHEET filed. (Marks, Nancy) (Entered: 04/20/2017)
2017-04-203REQUEST FOR ISSUANCE OF SUMMONS as to Office of Management and Budget, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 04/20/2017)
2017-04-204FILING ERROR - SUMMONS REQUEST - U.S. ATTORNEY'S OFFICE IS NOT A PARTY TO INITIAL PLEADING - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney's Office, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) Modified on 4/21/2017 (jvs). Modified on 4/21/2017 (jvs). (Entered: 04/20/2017)
2017-04-205FILING ERROR - SUMMONS REQUEST - U.S. Attorney General IS NOT A PARTY TO INITIAL PLEADING - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney General, re: 1 Complaint. Document filed by Natural Resources Defense Council, Inc. (Marks, Nancy) Modified on 4/21/2017 (jvs). (Entered: 04/20/2017)
2017-04-206RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 04/20/2017)
2017-04-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 . (jvs) (Entered: 04/21/2017)
2017-04-21Magistrate Judge James L. Cott is so designated. (jvs) (Entered: 04/21/2017)
2017-04-21Case Designated ECF. (jvs) (Entered: 04/21/2017)
2017-04-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): U.S. Attorney's Office is not a party to Initial Pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jvs) (Entered: 04/21/2017)
2017-04-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): U.S. Attorney General is not a party to Initial Pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jvs) (Entered: 04/21/2017)
2017-04-217ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget. (jvs) (Entered: 04/21/2017)
2017-04-288ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Parties who are not local (within the Metropolitan tri-state area) may request to attend by phone by filing a letter motion via ECF. Any open legal issues can be addressed at the conference. DATE AND PLACE OF CONFERENCE: June 14, 2017 at 10:40 a.m., in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. And as set forth herein. Initial Conference set for 6/14/2017 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/28/2017) (ama) (Entered: 04/28/2017)
2017-05-309ANSWER to 1 Complaint. Document filed by Office of Management and Budget.(Barnea, Jean-David) (Entered: 05/30/2017)
2017-05-3110MOTION for Cecilia D. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13728918. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit of Cecilia D. Segal in support of motion, # 3 Text of Proposed Order)(Segal, Cecilia) (Entered: 05/31/2017)
2017-06-01>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Cecilia D. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13728918. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 06/01/2017)
2017-06-0211LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/2/17. Document filed by Office of Management and Budget.(Barnea, Jean-David) (Entered: 06/02/2017)
2017-06-0712ORDER granting 10 Motion for Cecilia D. Segal to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 06/07/2017)
2017-06-0713ORDER granting 11 Letter Motion to Adjourn Conference: Application GRANTED. The initial pretrial conference, currently set for June 14, 2017, is hereby adjourned to June 28, 2017, at 10:30 a.m. The parties shall file a proposed case management plan and joint letter seven days before the conference. (Initial Conference set for 6/28/2017 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 06/07/2017)
2017-06-0714AFFIDAVIT OF SERVICE. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Segal, Cecilia) (Entered: 06/07/2017)
2017-06-0715CERTIFICATE OF SERVICE of Court Order, Individual Rules served on Office of Management and Budget, U.S. Attorney General, and U.S. Attorney's Office on April 28, 2017. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Segal, Cecilia) (Entered: 06/07/2017)
2017-06-2116JOINT LETTER addressed to Judge Lorna G. Schofield from Cecilia Segal and Nancy Marks dated June 21, 2017 re: Court's April 28, 2017 Order. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 06/21/2017)
2017-06-2817ORDER: It is hereby ORDERED that, within two days of finalizing an agreement regarding the search and production schedule, the parties shall file a letter informing the Court of the agreement. It is further ORDERED that on July 14, 2017, and every sixty days thereafter, the parties shall file a joint status letter that includes the parties' expected timeframe for completing the production schedule and any other pertinent issues. It is further ORDERED that a conference is scheduled for October 25, 2017, at 10:30 a.m. It is further ORDERED that the parties shall file a joint status letter at least one week before the conference. If the parties believe a conference would not be productive at the appointed time, they shall so state in the letter. Any party not located within the New York metropolitan area who wishes to participate telephonically may do so by informing the Court in the status letter. Status Conference set for 10/25/2017 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/28/2017) (kgo) (Entered: 06/29/2017)
2017-06-28Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 6/28/2017. (Court Reporter Raquel Robles) (Lewis, Barton) (Entered: 06/30/2017)
2017-07-1418JOINT LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 7/14/17 re: Status Report and Proposed Production Schedule. Document filed by Office of Management and Budget.(Barnea, Jean-David) (Entered: 07/14/2017)
2017-07-1419MEMO ENDORSEMENT on re: 18 Letter filed by Office of Management and Budget. ENDORSEMENT: The parties' shall proceed in accordance with their agreement outlined above. The dates for the joint status letters and conference set forth in the Order dated June 28, 2017, remain in effect. (Signed by Judge Lorna G. Schofield on 7/14/2017) (kgo) (Entered: 07/14/2017)
2017-09-1220JOINT LETTER addressed to Judge Lorna G. Schofield from Cecilia Segal dated September 12, 2017 re: Status Report. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 09/12/2017)
2017-10-1821JOINT LETTER addressed to Judge Lorna G. Schofield from Cecilia Segal dated October 18, 2017 re: Status Report and Request to Adjourn October 25 Conference. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 10/18/2017)
2017-10-2022MEMO ENDORSEMENT on re: 21 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: Application GRANTED. The conference currently scheduled for October 25, 2017, is adjourned to January 24, 2018, at 10:40 a.m. The parties shall file a joint status letter by December 20, 2017, and by January 17, 2018. (Status Conference set for 1/24/2018 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/20/2017) (anc) (Entered: 10/20/2017)
2017-11-0923JOINT LETTER addressed to Judge Lorna G. Schofield from Cecilia Segal dated November 9, 2017 re: Status Report. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 11/09/2017)
2017-12-2024JOINT LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/20/17 re: Status Report. Document filed by Office of Management and Budget.(Barnea, Jean-David) (Entered: 12/20/2017)
2018-01-1725JOINT LETTER addressed to Judge Lorna G. Schofield from Cecilia Segal dated January 17, 2018 re: Status Report and Request to Adjourn January 24 Conference. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 01/17/2018)
2018-01-1826MEMO ENDORSEMENT on re: 25 Letter filed by Natural Resources Defense Council, Inc. ENDORSEMENT: Application GRANTED. The conference scheduled for January 24, 2018, is adjourned to April 18, 2018, at 10:50 a.m. The parties shall file a joint status letter on March 21, 2018. (Status Conference set for 4/18/2018 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/18/2018) (cf) (Entered: 01/18/2018)
2018-03-2127JOINT LETTER MOTION to Adjourn Conference and Status Report addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 3/21/18. Document filed by Office of Management and Budget.(Barnea, Jean-David) (Entered: 03/21/2018)
2018-03-2228ORDER granting 27 Letter Motion to Adjourn Conference. Application GRANTED. The parties shall file a joint status letter by April 23, 2018, updating the court on whether they have reached an agreement regarding attorneys' fees. The status conference previously scheduled for April 18, 2018 is adjourned to May 9, 2018, at 10:40 a.m. Status Conference set for 5/9/2018 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/22/2018) (mro) (Entered: 03/22/2018)
2018-04-2329JOINT LETTER addressed to Judge Lorna G. Schofield from Cecilia Segal dated April 23, 2018 re: Status Report and Request to File Additional Status Letter. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 04/23/2018)
2018-04-2430MEMO ENDORSEMENT on re: 29 Letter filed by Natural Resources Defense Council, Inc.. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 4/24/2018) (kgo) (Entered: 04/24/2018)
2018-05-0431JOINT LETTER MOTION to Adjourn Conference and Status Report addressed to Judge Lorna G. Schofield from Cecilia Segal dated May 4, 2018. Document filed by Natural Resources Defense Council, Inc..(Segal, Cecilia) (Entered: 05/04/2018)
2018-05-0732ORDER granting 31 Letter Motion to Adjourn Conference. Application Granted. The status conference currently scheduled for May 9, 2018 is canceled. The Clerk of the Court is directed to terminate the letter motion at docket number 31. (Signed by Judge Lorna G. Schofield on 5/7/2018) (kgo) (Entered: 05/07/2018)
2018-05-1633STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: It is hereby STIPULATED and AGREED between the parties as follows: The Action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that might arise relating to the parties' compliance with the terms of this Stipulation and Order. In consideration for the release of NRDC's claims and causes of action, OMB shall pay NRDC the sum of five thousand dollars ($5,000) in settlement of NRDC's claim for attorneys' fees and litigation costs (the "Settlement Amount"). The Settlement Amount paid by OMB shall constitute full and final satisfaction of any claims by NRDC for attorneys' fees and litigation costs in this matter, and it is inclusive of any interest. (As further set forth herein.) (Signed by Judge Lorna G. Schofield on 5/16/2018) (kgo) (Entered: 05/16/2018)
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