United States of America v. City of New York
| United States of America |
| City of New York |
| 1:2023cv04129 |
| June 5, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Sanket J Bulsara |
| Marcia M Henry |
| Dora Lizette Irizarry |
| Environmental Matters |
| 33 U.S.C. ยง 1365 Environmental Matters |
| None |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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Filing 14
REMEDIAL ACTION CONSENT JUDGMENT: In favor of United States of America against City of New York. The Parties agree, and by entering this Consent Judgment this Court finds, that this Consent Judgment constitutes a judicially-approved settlement pursuant to which Settling Defendant has, as of the Effective Date, resolved liability to the United States within the meaning of Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), and is entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Section 113(f)(2) of CERCLA, or as may be otherwise provided by law, for the matters addressed in this Consent Judgment. The matters addressed in this Consent Judgment are the Work and Past Response Costs and Future Response Costs. The Parties further agree, and by entering this Consent Judgement this Court finds, that the complaint filed by the United States in this action is a civil action within the meaning of Section 113(f)(1) of CERCLA, 42 U.S.C. 9613(f)(1), and that this Consent Judgment constitutes a judicially-approved settlement pursuant to which Settling Defendant has, as of the Effective Date, resolved liability to the United States within the meaning of Section 113(f)(3)(B) of CERCLA, 42 U.S.C. 9613(f)(3)(B). Settling Defendant shall, with respect to any suit or claim brought by it for matters related to this Consent Judgment, notify the United States in writing no later than 60 days prior to the initiation of such suit or claim. Ordered by Judge Frederic Block on 7/25/2023. (MI)
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| Filing 13 Consent MOTION to Approve Consent Judgment by United States of America. (Attachments: #1 Notice of Motion to Approve Unopposed Consent Judgment, #2 Memorandum in Support of the United States' Motion to Enter the Consent Judgment, #3 Declaration of AUSA Matthew Silverman) (Silverman, Matthew) |
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ELECTRONIC ORDER: Granting the plaintiff's unopposed motion #13 for entry of a consent judgment. Ordered by Judge Frederic Block on 7/25/2023. (MI)
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| Filing 12 MOTION to Withdraw as Attorney with Declaration of Assistant United States Attorney Ekta R. Dharia, Submitted Pursuant to Local Civil Rule 1.4 by United States of America. (Dharia, Ekta) |
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ELECTRONIC ORDER: Granting Ekta Dharia's motion #12 to withdraw as counsel for the plaintiff/Government. Attorney Ekta R. Dharia terminated. Ordered by Judge Frederic Block on 7/6/2023. (MI)
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| Filing 11 NOTICE of Appearance by Matthew Silverman on behalf of United States of America (aty to be noticed) (Silverman, Matthew) |
| Filing 10 Letter Submitted Pursuant to the Court's June 9, 2023 Order by United States of America (Dharia, Ekta) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Frederic Block and Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Dora Lizette Irizarry, Magistrate Judge Marcia M. Henry no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 6/14/2023. (SR)
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SCHEDULING ORDER: The Government's letter application #10 is GRANTED. By August 4, 2023 the Government will file a further status report letter as to the review of any public comments and whether the Court can enter the consent judgment. Ordered by Judge Frederic Block on 6/14/2023. (MI)
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| Filing 9 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (Dharia, Ekta) |
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STATUS REPORT ORDER re #3 Notice of Settlement by Consent Decree filed by United States of America -- Status Report due by 6/23/2023 -- Plaintiff United States of America ("Plaintiff") has requested that the Court hold entry of judgment in abeyance pending certain actions that must be taken before the settlement can be finalized. It is not clear to the Court whether the public notice of the settlement has been posted yet or how long it will take after the 30-day public comment period for the parties to review the comments and make any necessary adjustments to the settlement and proposed judgment order. Accordingly, Plaintiff is directed to file a status report BY NO LATER THAN JUNE 23, 2023 advising the Court whether the public notice has been published and, if so when, or, if not yet published, when it will be published, and propose deadlines for the next steps, specifically, the end of the public comment period, the period of time necessary and deadline for review and assessment of any public comments made and file a report with the Court, if necessary, and, finally, when the judgment can be entered by the Court. The Court further directs Plaintiff to file with the Court a letter containing the public notice and where it published within seven (7) days of publishing. The parties are also reminded that it must provide to chambers a hard copy of all court filing immediately upon filing. SO ORDERED by Judge Dora Lizette Irizarry on 6/9/2023. (Irizarry, Dora)
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| Filing 8 SUMMONS Returned Executed by United States of America. City of New York served on 6/6/2023. (Dharia, Ekta) |
| Filing 7 NOTICE of Appearance by Christian Chase Harned on behalf of All Defendants (aty to be noticed) (Harned, Christian) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) |
| Filing 4 Summons Issued as to City of New York. (SR) |
| Filing 3 NOTICE of Settlement Notice of Lodging of Proposed Consent Judgment, Subject to Public Comment Period by United States by United States of America (Dharia, Ekta) |
| Filing 2 SETTLEMENT AGREEMENT Proposed Consent Judgment, Subject to Public Comment Period, see Notice of Lodging filed by United States of America (Attachments: #1 Appendix A (Record of Decision), #2 Appendix B (Statement of Work), #3 Appendix C (Map of the Wolff-Alport Site)) (Dharia, Ekta) |
| Filing 1 COMPLAINT against City of New York Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Dharia, Ekta) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
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| Plaintiff: United States of America | |
| Represented By: | Ekta R. Dharia |
| Represented By: | Matthew Silverman |
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| Defendant: City of New York | |
| Represented By: | Christian Chase Harned |
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