State Of New York et al v. Ross et al
Plaintiff: New York State Department of Environmental Conservation, State Of New York, Commissioner Basil Seggos and Basil Seggos
Defendant: United States Department of Commerce, Sec of Commerce Wilbur Ross, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Wilbur Ross and NOAA Fisheries
Case Number: 2:2019cv00259
Filed: January 14, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Sandra J Feuerstein
Referring Judge: Arlene R Lindsay
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 14, 2019 Filing 25 ANSWER to #1 Complaint, by All Defendants. (Lipari, Vincent)
March 14, 2019 Filing 24 NOTICE by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce of filing of administrative record in DVD form (Lipari, Vincent)
March 13, 2019 Filing 23 Letter MOTION on joint consent requesting cancellation of March 14, 2019 conference by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce (Lipari, Vincent) Modified docket entry from letter to motion as per chambers request on 3/13/2019 (Tirado, Chelsea).
March 13, 2019 NOTICE of Hearing: Due to a change in the Court's calendar, the conference scheduled before Judge Feuerstein on 3/14/19 will be held at 10:30 am. Plaintiff's counsel is directed to serve a copy of this notice on all parties upon receipt. c/ecf (Morabito, Bryan)
March 13, 2019 Opinion or Order ORDER granting #23 Motion to Adjourn Conference: The Motion is granted to the extent that, given the Government's representation that the Administrative Record will be filed today and NYDEC consents to the requested relief, the March 14, 2019 control date status conference is adjourned to July 18, 2019 at 11:15 a.m. (in-person, Courtroom 1010 of the Central Islip Federal Courthouse. Ordered by Judge Sandra J. Feuerstein on 3/13/2019. c/ECF (Killigrew, Patricia)
February 19, 2019 Filing 22 Minute Entry for proceedings held on 2/20/2019 before Judge Sandra J. Feuerstein: Civil Cause for Initial Conference. Counsel for Plaintiff: Channing Wister Jones and Monica Wagner. Counsel for Defendant: Vincent Lipari. Case called. Status Conference set for 3/14/2019 at 11:15AM. Motion to be served by 3/18/2019. Opposition to be served by 4/18/2019. Reply and fully briefed motion to be served and filed with the Court by 4/29/2019. (Tirado, Chelsea)
February 19, 2019 Filing 21 Letter Responding to Defendants' February 15, 2019 Letter Opposing Plaintiffs' Motion for Expedited Schedule by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Wistar-Jones, Channing)
February 15, 2019 Filing 20 NOTICE of Appearance by Vincent Lipari on behalf of All Defendants (aty to be noticed) (Lipari, Vincent)
February 15, 2019 Filing 19 Letter opposing plaintiffs' February 12, 2019 letter-application for expedited briefing schedule and requesting withdrawal of docket order entered on February 15, 2019 granting the request by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce (Lipari, Vincent)
February 15, 2019 Filing 18 SUMMONS Returned Executed by State Of New York, New York State Department of Environmental Conservation, Basil Seggos. National Marine Fisheries Service served on 1/16/2019, answer due 3/18/2019; National Oceanic and Atmospheric Administration served on 1/16/2019, answer due 3/18/2019; Wilbur Ross served on 1/16/2019, answer due 3/18/2019; United States Department of Commerce served on 1/16/2019, answer due 3/18/2019. (Wistar-Jones, Channing)
February 15, 2019 Opinion or Order SCHEDULING ORDER: re #17 Proposed Scheduling Order filed by Basil Seggos, State Of New York, New York State Department of Environmental Conservation: Plaintiffs' (hereafter, "New York") requested expedited summary judgment briefing schedule is adopted by the Court. Accordingly: (1) New York shall serve its motion for summary judgment by February 15, 2019; (2) Defendants Commerce shall serve their opposition to New York's motion and any cross-motion by March 4, 2019 (the date that Commerce's answer is due, see 16 U.S.C. Section 1855(f)(3)(A) (requiring Commerce to answer within 45 days)); (3) New York shall serve its reply and its opposition to Commerce's motion, if any, by March 11, 2019; and (4) Defendants Commerce shall serve their reply, if any, by March 15, 2019. Once the motion is fully-briefed, it is to be filed in accordance with my Individual Rule 4(B)(iii) (the "Bundle Rule"), with a courtesy copy of same being promptly provided to Chambers. Ordered by Judge Sandra J. Feuerstein on 2/15/2019. c/ECF (Killigrew, Patricia)
February 15, 2019 Opinion or Order SCHEDULING ORDER: re #19 Letter, filed by Wilbur Ross, United States Department of Commerce, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, #17 Proposed Scheduling Order filed by Basil Seggos, State Of New York, New York State Department of Environmental Conservation: Status Conference set for 2/20/2019 at 11:15 AM in Courtroom 1010 of the Central Islip Courthouse before Judge Sandra J. Feuerstein. The Court's early SCHEDULING ORDER (dated 2/15/2019 at 12:07 PM) is stayed pending the outcome of the 2/20/2019 Status Conference.Ordered by Judge Sandra J. Feuerstein on 2/15/2019. c/ECF (Killigrew, Patricia)
February 12, 2019 Filing 17 Proposed Scheduling Order Pursuant to 16 U.S.C. 1855(f)(4) by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Wistar-Jones, Channing)
January 18, 2019 NOTICE of Hearing: Initial Conference set for 5/13/2019 at 11:15 AM in Courtroom 1010 before Judge Sandra J. Feuerstein at the Central Islip Federal Courthouse, located at 100 Federal Plaza, Central Islip, New York 11722. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Notice of Hearing upon Defendant(s) and file proof of such service with the Court. c/ECF (Killigrew, Patricia)
January 16, 2019 Filing 16 Summons Issued as to National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons as to National Marine Fisheries Service, #2 Summons as to National Oceanic and Atmospheric Administration, #3 Summons as to Wilbur Ross) (Tirado, Chelsea)
January 15, 2019 Filing 15 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Attachments: #1 Addendm to Summons Full Caption) (Gershon, Andrew)
January 15, 2019 Filing 14 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Attachments: #1 Addendum to Summons Full Caption) (Gershon, Andrew)
January 15, 2019 Filing 13 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Attachments: #1 Addendum to Summons Full caption) (Gershon, Andrew)
January 15, 2019 Filing 12 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Attachments: #1 Addendum to Summons Full Caption) (Gershon, Andrew)
January 15, 2019 Filing 11 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. (Rodin, Deanna)
January 15, 2019 Filing 10 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
January 15, 2019 Filing 9 Civil Cover Sheet.. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Attachments: #1 Civil Cover Sheet Addendum Additional Counsel) (Gershon, Andrew)
January 15, 2019 A completed Civil Cover Sheet was not filed - Specifically Page 2 of the document; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
January 15, 2019 Proposed summonses are rejected; the caption on each summons does not match the caption of the complaint; the Clerk's Office cannot issue the summonses with an incorrect caption. Counsel is advised to submit completed proposed summonses in PDF fillable format using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)
January 15, 2019 Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
January 14, 2019 Filing 8 NOTICE of Appearance by Monica Blong Wagner on behalf of All Plaintiffs (aty to be noticed) (Wagner, Monica)
January 14, 2019 Filing 7 NOTICE of Appearance by Channing R Wistar-Jones on behalf of All Plaintiffs (aty to be noticed) (Wistar-Jones, Channing)
January 14, 2019 Filing 6 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Gershon, Andrew)
January 14, 2019 Filing 5 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Gershon, Andrew)
January 14, 2019 Filing 4 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Gershon, Andrew)
January 14, 2019 Filing 3 Proposed Summons. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Gershon, Andrew)
January 14, 2019 Filing 2 Civil Cover Sheet.. Re #1 Complaint, by New York State Department of Environmental Conservation, Basil Seggos, State Of New York (Attachments: #1 Additional Counsel Addendum) (Gershon, Andrew)
January 14, 2019 Filing 1 COMPLAINT against All Defendants filing fee $400, receipt number ANYEDC-11101635, Was the Disclosure Statement on Civil Cover Sheet completed -Yes, filed by State Of New York, New York State Department of Environmental Conservation, Basil Seggos. (Gershon, Andrew) Modified on 1/15/2019 (Rodin, Deanna).

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Defendant: United States Department of Commerce
Represented By: Vincent Lipari
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Defendant: Sec of Commerce Wilbur Ross
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Defendant: National Oceanic and Atmospheric Administration
Represented By: Vincent Lipari
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Defendant: National Marine Fisheries Service
Represented By: Vincent Lipari
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Defendant: Wilbur Ross
Represented By: Vincent Lipari
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Defendant: NOAA Fisheries
Represented By: Vincent Lipari
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Plaintiff: New York State Department of Environmental Conservation
Represented By: Monica Blong Wagner
Represented By: Channing R Wistar-Jones
Represented By: Andrew Jon Gershon
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Plaintiff: State Of New York
Represented By: Monica Blong Wagner
Represented By: Channing R Wistar-Jones
Represented By: Andrew Jon Gershon
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Plaintiff: Commissioner Basil Seggos
Represented By: Monica Blong Wagner
Represented By: Channing R Wistar-Jones
Represented By: Andrew Jon Gershon
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Plaintiff: Basil Seggos
Represented By: Monica Blong Wagner
Represented By: Channing R Wistar-Jones
Represented By: Andrew Jon Gershon
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