STIPULATION 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)
STATUS 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)
MEMO 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)
STATUS 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)
JOINT 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)
MEMO 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)
STATUS 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)
MEMO 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)
JOINT 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)
AFFIDAVIT 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)
Minute 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)
ORDER 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)
CONSENT 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)
MEMO 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)
CASE 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)
Minute 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)
ANSWER 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)
ORDER: 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)
ORDER 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)
LETTER 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)
NOTICE 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)
REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Land Management, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian)
REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Reclamation, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian)
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)
INITIAL 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)
***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)
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: http://nysd.uscourts.gov/forms.php. (kl)
Filed: 6/1/2017, Entered: 6/1/2017
CASE 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)
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian)
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Forest Service, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian)
REQUEST 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)
REQUEST 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)
FILING 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).
FILING 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).
REQUEST 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)
REQUEST 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)
FILING 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).
REQUEST 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)
REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: 1 Complaint,,,. Document filed by Natural Resources Defense Council, Inc.. (Wang, Vivian)
COMPLAINT 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)
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