| Save 25% on a pre-paid one year subscription. |
|
|
 20 |
Filed: 7/11/2018, Entered: None |
Stipulation and Order of Dismissal |
|
|
|
 Request |
 |
|
|
| 19 |
Filed: 1/19/2017, Entered: None |
Unknown Document Type |
|
CONSENT DECREE: NOW THEREFORE, before the taking of testimony, without trial or determination of any issues of fact or law, and upon the consent of Plaintiffs and EPA, it is hereby ORDERED, ADJUDGED, AND DECREED that: 1. EPA shall sign a notice for public comment which proposes approval or disapproval of the Petition by no later than January 18, 2017. 2. EPA shall sign a final notice of final action which approves or disapproves the Petition by no later than October 27, 2017. 3. No later than fifteen business days following signature of the notice of any proposed or final action referenced above, EPA shall submit the notice for review and publication to the Office of the Federal Register. 4. After EPA has completed the actions set forth in Paragraphs 1 and 2 of this Consent Decree and after notice of the action required by Paragraph 3 has been published in the Federal Register and the issue of costs of litigation, including attorney fees, has been resolved, EPA may move to have this Decree terminated and the action dismissed. Plaintiffs shall have fourteen (14) days in which to respond to such motion, unless the parties stipulate to a longer time for Plaintiffs to respond. 5. The deadline established by this Consent Decree may be extended (a) by written stipulation of Plaintiffs and EPA with notice to the Court, or (b) by the Court upon motion of EPA for good cause shown pursuant to the Federal Rules of Civil Procedure and upon consideration of any response by Plaintiffs and any reply by EPA. 6. If a lapse in appropriations for EPA occurs within one hundred and twenty (120) days prior to the deadlines in Paragraphs 1, 2, or 3 of this Consent Decree, that deadline shall be extended automatically one day for each day of the lapse in appropriations. Nothing in this paragraph shall preclude EPA from seeking an additional extension pursuant to Paragraph 5. 7. Plaintiffs and EPA agree that this Consent Decree shall constitute a complete and final settlement of all claims Plaintiffs assert against the United States, including EPA, under any provision of law in connection with State of New York, et al. v. McCarthy, et al., No. 16 Civ. 7827 (S.D.N.Y.). Plaintiffs therefore discharge and covenant not to sue the United States, including EPA, for any such claims. 8. In the event of a dispute between Plaintiffs and EPA concerning the interpretation or implementation of any aspect of this Consent Decree, the disputing party shall provide the other party with a written notice outlining the nature of the dispute and requesting informal negotiations. These parties shall meet and confer in order to attempt to resolve the dispute. If these parties are unable to resolve the dispute within ten (10) business days after receipt of the notice, either party may petition the Court to resolve the dispute. 9. No motion seeking to enforce this Consent Decree or for contempt of Court shall be properly filed unless the procedure set forth in Paragraph 8 has been followed, and the non-moving party has been provided with written notice at least ten (10) business days before the filing of such motion. 10. Upon entry of the Consent Decree, EPA agrees that Plaintiffs are entitled to recover costs of litigation (including reasonable attorney fees) ("litigation costs") incurred in this matter pursuant to 42 U.S.C. § 7604(d). The deadline for filing a motion for litigation costs is hereby extended until 120 days after entry of this Consent Decree by the Court. During this time, Plaintiffs and EPA shall seek to resolve informally any claim for litigation costs, and if they cannot reach a resolution, Plaintiffs may seek such litigation costs from the Court. The Court shall retain jurisdiction to resolve any request for litigation costs; as further set forth herein. (Signed by Judge Katherine Polk Failla on 1/19/2017) (mro) (Additional attachment(s) added on 1/20/2017: # 1 Right to appeal attachment 1, # 2 Right to appeal attachment 2) (mro). (Entered: 01/20/2017)
|
|
Request |
|
|
|
| 18 |
Filed: 1/19/2017, Entered: None |
Unknown Document Type |
|
LETTER addressed to Judge Katherine Polk Failla from Samuel Dolinger dated 1/19/2017 re: Request to Enter Consent Decree. Document filed by Gina McCarthy, United States Environmental Protection Agency. (Attachments: # 1 Exhibit A)(Dolinger, Samuel) (Entered: 01/19/2017)
|
|
Request |
|
|
|
| 17 |
Filed: 12/16/2016, Entered: None |
Unknown Document Type |
|
LETTER addressed to Judge Katherine Polk Failla from Samuel Dolinger dated 12/16/2016 re: Publication of Notice of Proposed Consent Decree. Document filed by Gina McCarthy, United States Environmental Protection Agency. (Attachments: # 1 Exhibit A)(Dolinger, Samuel) (Entered: 12/16/2016)
|
|
Request |
|
|
|
| 16 |
Filed: 12/8/2016, Entered: None |
Unknown Document Type |
|
MEMO ENDORSEMENT on re: 15 Letter re: Lodging of Proposed Consent Decree and Request for Adjournment, filed by Gina McCarthy, United States Environmental Protection Agency. ENDORSEMENT: Application GRANTED. The EPA's deadline to respond to Plaintiffs' complaint, and the initial pretrial conference previously scheduled for January 4, 2017, are both ADJOURNED sine die. Per the EPA's request, the Court will not sign the proposed consent decree. (Dkt. #14). However, once the EPA files notice of the proposed consent decree, it is ORDERED to write a letter to the Court confirming the same. (Signed by Judge Katherine Polk Failla on 12/8/2016) (cla) (Entered: 12/09/2016)
|
|
Request |
|
|
|
| 15 |
Filed: 12/8/2016, Entered: None |
Unknown Document Type |
|
LETTER addressed to Judge Katherine Polk Failla from Samuel Dolinger dated 12/8/2016 re: Lodging of Proposed Consent Decree and Request for Adjournment. Document filed by Gina McCarthy, United States Environmental Protection Agency.(Dolinger, Samuel) (Entered: 12/08/2016)
|
|
Request |
|
|
|
| 14 |
Filed: 12/8/2016, Entered: None |
Unknown Document Type |
|
NOTICE of Lodging of Proposed Consent Decree. Document filed by Gina McCarthy, United States Environmental Protection Agency. (Attachments: # 1 Exhibit A)(Dolinger, Samuel) (Entered: 12/08/2016)
|
|
Request |
|
|
|
| 13 |
Filed: 11/7/2016, Entered: None |
Unknown Document Type |
|
CERTIFICATE OF SERVICE of Order and Individual Rules served on Morgan Costello on 11/7/2016. Service was made by e-mail. Document filed by Gina McCarthy, United States Environmental Protection Agency. (Dolinger, Samuel) (Entered: 11/07/2016)
|
|
Request |
|
|
|
| 12 |
Filed: 11/7/2016, Entered: None |
Unknown Document Type |
|
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/4/2017 at 04:00 PM in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/7/2016) (mro) (Entered: 11/07/2016)
|
|
Request |
|
|
|
| 11 |
Filed: 11/4/2016, Entered: None |
Unknown Document Type |
|
NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Gina McCarthy, United States Environmental Protection Agency. (Dolinger, Samuel) (Entered: 11/04/2016)
|
|
Request |
|
|
|
| 10 |
Filed: 11/3/2016, Entered: None |
Unknown Document Type |
|
SUMMONS RETURNED EXECUTED. Gina McCarthy served on 10/17/2016, answer due 12/19/2016; United States Environmental Protection Agency served on 10/17/2016, answer due 12/19/2016. Service was made by Mail. Document filed by State of Vermont; Commonwealth of Massachusetts; State Of Connecticut; State Of New York; State of New Hampshire; State of Rhode Island. (Costello, Morgan) (Entered: 11/03/2016)
|
|
Request |
|
|
|
| 9 |
Filed: 11/3/2016, Entered: None |
Unknown Document Type |
|
SUMMONS RETURNED EXECUTED. Gina McCarthy served on 10/18/2016, answer due 12/19/2016; United States Environmental Protection Agency served on 10/18/2016, answer due 12/19/2016. Service was made by Mail. Document filed by State of Vermont; Commonwealth of Massachusetts; State Of Connecticut; State Of New York; State of New Hampshire; State of Rhode Island. (Costello, Morgan) (Entered: 11/03/2016)
|
|
Request |
|
|
|
| 8 |
Filed: 11/3/2016, Entered: None |
Unknown Document Type |
|
SUMMONS RETURNED EXECUTED. Gina McCarthy served on 10/19/2016, answer due 12/19/2016; United States Environmental Protection Agency served on 10/19/2016, answer due 12/19/2016. Service was made by Mail. Document filed by State of Vermont; Commonwealth of Massachusetts; State Of Connecticut; State Of New York; State of New Hampshire; State of Rhode Island. (Costello, Morgan) (Entered: 11/03/2016)
|
|
Request |
|
|
|
| 7 |
Filed: 10/12/2016, Entered: None |
Unknown Document Type |
|
ELECTRONIC SUMMONS ISSUED as to Gina McCarthy, United States Environmental Protection Agency. (rch) (Entered: 10/12/2016)
|
|
Request |
|
|
|
| 6 |
Filed: 10/7/2016, Entered: None |
Unknown Document Type |
|
REQUEST FOR ISSUANCE OF SUMMONS as to Gina McCarthy and United States Environmental Protection Agency, re: 4 Complaint,. Document filed by Commonwealth of Massachusetts, State Of Connecticut, State Of New York, State of New Hampshire, State of Rhode Island, State of Vermont. (Costello, Morgan) (Entered: 10/07/2016)
|
|
Request |
|
|
|
| 5 |
Filed: 10/7/2016, Entered: None |
Unknown Document Type |
|
CIVIL COVER SHEET filed. (Costello, Morgan) (Entered: 10/07/2016)
|
|
Request |
|
|
|
| 4 |
Filed: 10/7/2016, Entered: None |
Unknown Document Type |
|
COMPLAINT against Gina McCarthy, United States Environmental Protection Agency. Document filed by State of Vermont, Commonwealth of Massachusetts, State Of Connecticut, State Of New York, State of New Hampshire, State of Rhode Island. (Attachments: # 1 Exhibits 1-4, # 2 Exhibits 3-4)(Costello, Morgan) (Entered: 10/07/2016)
|
|
Request |
|
|
|
| 3 |
Filed: 10/6/2016, Entered: None |
Unknown Document Type |
|
FILING ERROR - DEFICIENT PLEADING -PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Gina McCarthy and United States Environmental Protection Agency, re: 1 Complaint,. Document filed by Commonwealth of Massachusetts, State Of Connecticut, State Of New York, State of New Hampshire, State of Rhode Island, State of Vermont. (Costello, Morgan) Modified on 10/7/2016 (dgo). (Entered: 10/06/2016)
|
|
Request |
|
|
|
| 2 |
Filed: 10/6/2016, Entered: None |
Unknown Document Type |
|
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Costello, Morgan) Modified on 10/7/2016 (dgo). (Entered: 10/06/2016)
|
|
Request |
|
|
|
| 1 |
Filed: 10/6/2016, Entered: None |
Unknown Document Type |
|
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERRORCOMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-12843044)Document filed by State of Vermont, State of New Hampshire, State Of New York, Commonwealth of Massachusetts, State Of Connecticut, State of Rhode Island. (Attachments: # 1 Exhibit 1-2, # 2 Exhibits 3-4)(Costello, Morgan) Modified on 10/7/2016 (dgo). (Entered: 10/06/2016)
|
|
Request |
|
Update
Alerts
Jump