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Case TitleNatural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv04084
Date Filed2017-05-31
Date Closed2018-07-18
JudgeJudge Richard M. Berman
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted FOIA requests to a number of agencies for communications with the Trump transition team. After hearing nothing further from any of the agencies, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Environmental Protection Agency
DefendantU.S. Food and Drug Administration
DefendantNational Oceanic and Atmospheric Administration
DefendantWhite House Office of Management and Budget
DefendantU.S. Department of the Interior
DefendantBureau of Land Management
DefendantBureau of Reclamation
DefendantU.S. Fish and Wildlife Service
DefendantOffice of Surface Mining Reclamation and Enforcement
DefendantU.S. Forest Service
DefendantU.S. Department of Justice
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
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-311COMPLAINT against Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget. (Filing Fee $ 400.00, Receipt Number 0208-13728343)Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Wang, Vivian) (Entered: 05/31/2017)
2017-05-312CIVIL COVER SHEET filed. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-313REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-314REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Food and Drug Administration, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-315FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to National Oceanic and Atmospheric Administration, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) Modified on 6/1/2017 (kl). (Entered: 05/31/2017)
2017-05-316REQUEST FOR ISSUANCE OF SUMMONS as to White House Office of Management and Budget, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-317REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Interior, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-318FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Land Management, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) Modified on 6/1/2017 (kl). (Entered: 05/31/2017)
2017-05-319FILING ERROR - DEFICIENT SUMMONS REQUEST - PARTY NAME ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Reclamation, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) Modified on 6/1/2017 (kl). (Entered: 05/31/2017)
2017-05-3110REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Fish and Wildlife Service, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-3111REQUEST FOR ISSUANCE OF SUMMONS as to Office of Surface Mining Reclamation and Enforcement, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-3112REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Forest Service, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-3113REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 05/31/2017)
2017-05-3114RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Wang, Vivian) (Entered: 05/31/2017)
2017-06-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard M. Berman. 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 . (kl) (Entered: 06/01/2017)
2017-06-01Magistrate 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: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 06/01/2017)
2017-06-01Case Designated ECF. (kl) (Entered: 06/01/2017)
2017-06-0115ELECTRONIC SUMMONS ISSUED as to U.S. Environmental Protection Agency. (kl) (Entered: 06/01/2017)
2017-06-0116ELECTRONIC SUMMONS ISSUED as to U.S. Food and Drug Administration. (kl) (Entered: 06/01/2017)
2017-06-0117ELECTRONIC SUMMONS ISSUED as to White House Office of Management and Budget. (kl) (Entered: 06/01/2017)
2017-06-0118ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Interior. (kl) (Entered: 06/01/2017)
2017-06-0119ELECTRONIC SUMMONS ISSUED as to U.S. Fish and Wildlife Service. (kl) (Entered: 06/01/2017)
2017-06-0120ELECTRONIC SUMMONS ISSUED as to Office of Surface Mining Reclamation and Enforcement. (kl) (Entered: 06/01/2017)
2017-06-0121ELECTRONIC SUMMONS ISSUED as to U.S. Forest Service. (kl) (Entered: 06/01/2017)
2017-06-0122ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (kl) (Entered: 06/01/2017)
2017-06-01***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 8 Request for Issuance of Summons, 5 Request for Issuance of Summons, 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; PARTY U.S. BUREAU OF LAND MANAGEMENT IS NOT CORRECT. ALSO, PLEASE LIST THE PARTY FIRST ON THE FORM. 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. (kl) (Entered: 06/01/2017)
2017-06-0123INITIAL PRETRIAL CONFERENCE ORDER: Counsel (or prose litigants) are to appear for an initial pre-trial conference on June 15,2017 at 9:45 a.m. in Courtroom 17B (17th floor), 500 Pearl Street, U.S. District Courthouse. Counsel are advised to review Judge Berman's Individual Practices, which can be obtained in the Clerk's/Cashier's Office, first floor, 500 Pearl Street, U.S. District Courthouse or by visiting the Court's web-site at www.nysd.uscourts.gov. Initial Conference set for 6/15/2017 at 09:45 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 6/1/2017) (js) (Entered: 06/01/2017)
2017-06-0224REQUEST FOR ISSUANCE OF SUMMONS as to National Oceanic and Atmospheric Administration, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 06/02/2017)
2017-06-0225REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Reclamation, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 06/02/2017)
2017-06-0226REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Land Management, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian) (Entered: 06/02/2017)
2017-06-0727NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget. (Poscablo, Christine) (Entered: 06/07/2017)
2017-06-0928ELECTRONIC SUMMONS ISSUED as to Bureau of Reclamation. (pc) (Entered: 06/09/2017)
2017-06-0929ELECTRONIC SUMMONS ISSUED as to Bureau of Land Management. (pc) (Entered: 06/09/2017)
2017-06-0930ELECTRONIC SUMMONS ISSUED as to National Oceanic and Atmospheric Administration. (pc) (Entered: 06/09/2017)
2017-06-1231LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Christine S. Poscablo dated June 12, 2017. Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 06/12/2017)
2017-06-1232ORDER granting 31 Letter Motion to Adjourn Conference. Application granted. The conference is adjourned to July 10, 2017 at 10:00 am. So Ordered. (Initial Conference set for 7/10/2017 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 6/12/17) (yv) (Entered: 06/12/2017)
2017-06-2933ORDER: The conference currently scheduled for Monday, July 10, 2017, at 10:00 a.m. is hereby rescheduled to the same date, at 3:00 p.m. in Courtroom 17B of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York 10007. Initial Conference set for 7/10/2017 at 03:00 PM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 6/29/2017) (cf) (Entered: 06/29/2017)
2017-07-0534ANSWER to 1 Complaint,,,. Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 07/05/2017)
2017-07-10Minute Entry for proceedings held before Judge Richard M. Berman: Initial Pretrial Conference held on 7/10/2017. Case management plan entered. Next conference is scheduled for 7/27/17 at 11:30 am. Parties to propose joint stipulation to the Court. See transcript of proceedings held for a complete record. (Court Reporter Mike McDaniel) (CM) (Entered: 07/10/2017)
2017-07-1035CASE MANAGEMENT PLAN: Joinder of additional parties by: N/A. All discovery to be expeditiously completed by Nov. 1, 2017. Status of settlement discussions: July 27, 2017 @ 11:30. Other: Joint Stipulation being worked on by the parties prior to 7/27/17. (As further set forth in this Order.) Discovery due by 11/1/2017. Settlement Conference set for 7/27/2017 at 11:30 AM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 7/10/2017) (cf) (Entered: 07/10/2017)
2017-07-2636STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Wang, Vivian) (Entered: 07/26/2017)
2017-07-2737MEMO ENDORSEMENT on re: 36 Status Report filed by Natural Resources Defense Council, Inc. ENDORSEMENT: July 27, 2017 conference adjourned to August 15, 2017 at 10:30. No motions absent prior court approval. (Status Conference set for 8/15/2017 at 10:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 7/27/2017) (clt) (Entered: 07/27/2017)
2017-08-0338CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Christine S. Poscablo dated August 3, 2017. Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 08/03/2017)
2017-08-0439ORDER granting 38 Letter Motion to Adjourn Conference. Application granted. Conference adjourned to August 15, 2017 at 2:30 pm. Status Conference set for 8/15/2017 at 02:30 PM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 8/4/2017) (cf) (Entered: 08/04/2017)
2017-08-15Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 8/15/2017. Parties to submit joint letter with proposed schedule by September 6, 2017. See transcript for a complete record. (Court Reporter Vincent Bologna) (clt) (Entered: 08/15/2017)
2017-08-2540AFFIDAVIT OF SERVICE. All Defendants. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit Exhibits accompanying declaration of service)(Wang, Vivian) (Entered: 08/25/2017)
2017-09-0641JOINT LETTER addressed to Judge Richard M. Berman from Christine S. Poscablo dated September 6, 2017 re: Proposed Stipulated Production Schedule in Response to FOIA Requests. Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 09/06/2017)
2017-09-1142MEMO ENDORSEMENT on re: 41 Letter,, filed by U.S. Food and Drug Administration, Bureau of Land Management, U.S. Environmental Protection Agency, White House Office of Management and Budget, U.S. Forest Service, U.S. Department of the Interior, U.S. Department of Justice, Bureau of Reclamation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 9/11/2017) (cf) (Entered: 09/11/2017)
2017-12-0743STATUS REPORT. and Letter Motion on Behalf of EPA for Extension of Time for Final Response from December 29, 2017 to January 5, 2018 Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 12/07/2017)
2017-12-1144MEMO ENDORSEMENT on re: 43 Status Report, filed by U.S. Food and Drug Administration, Bureau of Land Management, U.S. Environmental Protection Agency, White House Office of Management and Budget, U.S. Forest Service, U.S. Department of the Interior, U.S. Department of Justice, Bureau of Reclamation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement. ENDORSEMENT: Application granted. Final response due January 16, 2018. (Signed by Judge Richard M. Berman on 12/11/2017) (clt) (Entered: 12/11/2017)
2018-03-2945JOINT LETTER addressed to Judge Richard M. Berman from NRDC dated 03-29-2018 re: status update. Document filed by Natural Resources Defense Council, Inc..(Wang, Vivian) (Entered: 03/29/2018)
2018-05-0246STATUS REPORT. and Request for Permission to Submit Proposed Settlement on Fees or Further Status Report on or before June 6, 2018 Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 05/02/2018)
2018-05-0347MEMO ENDORSEMENT on re: 46 Status Report filed by U.S. Food and Drug Administration, Bureau of Land Management, U.S. Environmental Protection Agency, White House Office of Management and Budget, U.S. Forest Service, U.S. Department of the Interior, U.S. Department of Justice, Bureau of Reclamation, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 5/3/2018) (cf) (Entered: 05/03/2018)
2018-06-0648STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Wang, Vivian) (Entered: 06/06/2018)
2018-06-2149STATUS REPORT. Document filed by Bureau of Land Management, Bureau of Reclamation, National Oceanic and Atmospheric Administration, Office of Surface Mining Reclamation and Enforcement, U.S. Department of Justice, U.S. Department of the Interior, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Food and Drug Administration, U.S. Forest Service, White House Office of Management and Budget.(Poscablo, Christine) (Entered: 06/21/2018)
2018-07-1850STIPULATION AND ORDER: In consideration for the release of NRDC's claims and causes of action, as soon as reasonably practicable after the Court has approved and docketed this Stipulation, DOI shall pay one thousand one hundred twenty-five dollars ($1,125) and OMB, Forest Service, and EPA shall each pay one thousand six hundred twenty-five dollars ($1,625) for attorneys' fees and litigation costs. These payments shall constitute full and final satisfaction of any and all claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. (As further set forth in this Order.) Pursuant to Rule 41 (a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation, provided that the Court may retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation. The Clerk of Court is directed to close this case. (Signed by Judge Richard M. Berman on 7/18/2018) (cf) (Entered: 07/18/2018)
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