State of New York et al v. United States Environmental Protection Agency et al
Plaintiff: Basil Seggos, State of New York and The New York State Department of Environmental Conservation
Defendant: Andrew R. Wheeler and United States Environmental Protection Agency
Intervenor Defendant: General Electric Company
Case Number: 1:2019cv01029
Filed: August 21, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: David N Hurd
2 Judge: Lawrence E Kahn
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:0701
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2019 Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Motion Hearing held on 10/17/2019 re #13 MOTION to Intervene filed by General Electric Company, #11 Letter Motion from Plaintiffs requesting a Stay of Discovery and Motion Practice submitted to Judge Hummel . Appearances by James C. Woods, AAG for Plaintiffs; Sarah Buckley, AUSA on behalf of Federal Defendants, Kristin Carter Rowe, Esq. Samuel Gutter, Esq. and Dean S. Sommer, Esq. for Intervenor GE Defendant. The Court addresses the Motion to Intervene, Dkt. No. 13. No objections for GE to intervene by any party. GE is directed to prepare a Stipulation for parties signatures and for filing, consenting to GE's intervention. The Court hears arguments on Plaintiff's request, Dkt. No. 11. The Court denies plaintiff's request to stay discovery and motion practice and sets a briefing schedule for Defendants to file motions. Motions to Dismiss to be filed by 11/20/2019, response is set for 1/21/2020 and replies due by 2/21/2020. Those motions will be before the District Court Judge and will be taken on submit unless oral argument is directed and scheduled by Judge Hurd. A Text Order setting the Motion briefing deadlines will be issued. (Court Reporter Jacqueline Stroffolino) (tab)
October 11, 2019 Filing 36 NOTICE of Appearance by Peter D. Keisler on behalf of General Electric Company (Keisler, Peter)
October 9, 2019 Opinion or Order Filing 35 TEXT ORDER granting #32 Motion for Limited Admission Pro Hac Vice for Peter D. Keisler, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 10/9/2019. (tab)
October 8, 2019 Filing 34 NOTICE of Appearance by Samuel Gutter on behalf of General Electric Company (Gutter, Samuel)
October 7, 2019 Filing 33 COURT NOTICE of Hearing on Motion #13 MOTION to Intervene , #11 Letter Motion from Plaintiffs for Basil Seggos, State of New York, The New York State Department of Environmental Conservation requesting Conference and Stay of Discovery and Motion Practice submitted to Judge Hummel : Court Conference and Motion Hearing has been set for Thursday, 10/17/2019 @ 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Counsel wishing to appear by telephone for this conference are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
October 3, 2019 Filing 32 MOTION for Limited Admission Pro Hac Vice of Peter D Keisler Filing fee $100, receipt number ANYNDC-4893349. filed by General Electric Company. Motions referred to Christian F. Hummel. (Sommer, Dean)
October 3, 2019 Filing 31 NOTICE of Appearance by Timothy K. Webster on behalf of General Electric Company (Webster, Timothy)
October 2, 2019 Opinion or Order Filing 30 TEXT ORDER granting #28 Letter Request from John Hoggan for United States Environmental Protection Agency, Andrew R. Wheeler requesting Extension of Time: United States Environmental Protection Agency answer due 11/20/2019; Andrew R. Wheeler answer due 11/20/2019. Authorized by Magistrate Judge Christian F. Hummel on 10/2/2019. (tab)
October 2, 2019 Filing 29 NOTICE of Appearance by James R. Bieke on behalf of General Electric Company (Bieke, James)
October 1, 2019 Filing 28 Letter Motion from John Hoggan for United States Environmental Protection Agency, Andrew R. Wheeler requesting Extension of Time submitted to Judge Hummel . (Hoggan, John)
October 1, 2019 Filing 27 NOTICE of Appearance by John D. Hoggan, Jr on behalf of United States Environmental Protection Agency, Andrew R. Wheeler (Hoggan, John)
September 25, 2019 Opinion or Order Filing 26 TEXT ORDER granting #18 Motion for Limited Admission Pro Hac Vice of Samuel I. Gutter, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 9/25/2019. (tab)
September 25, 2019 Opinion or Order Filing 25 TEXT ORDER granting #17 Motion for Limited Admission Pro Hac Vice of James R. Bieke, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 9/25/2019. (tab)
September 25, 2019 Opinion or Order Filing 24 TEXT ORDER granting #16 Motion for Limited Admission Pro Hac Vice of Timothy Kenly Webster, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 9/25/2019. (tab)
September 25, 2019 Opinion or Order Filing 23 TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice of Eric Merrifield, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 9/25/2019. (tab)
September 25, 2019 Opinion or Order Filing 22 TEXT ORDER granting #20 Letter Request from Kristin Carter Rowe for General Electric Company requesting Return date of motion to intervene be moved to October 17, 2019 #13 MOTION to Intervene : Motion Return date is 10/17/2019. The Court will schedule a conference upon the appearance of the named defendants in this case in order to address this Motion to Intervene as well as Plaintiff's letter motion, Dkt. No. 11, for the Stay of Discovery and Motion Practice. Authorized by Magistrate Judge Christian F. Hummel on 9/25/2019. (tab)
September 24, 2019 Filing 21 CERTIFICATE OF SERVICE by General Electric Company re #18 MOTION for Limited Admission Pro Hac Vice of Samuel I. Gutter Filing fee $100, receipt number ANYNDC-4880105., #17 MOTION for Limited Admission Pro Hac Vice of James R. Bieke Filing fee $100, receipt number ANYNDC-4880101., #20 Letter Motion from Kristin Carter Rowe for General Electric Company requesting Return date of motion to intervene be moved to October 17, 2019 submitted to Judge Magistrate Judge Hummel , #15 MOTION for Limited Admission Pro Hac Vice of Eric S. Merrifield Filing fee $100, receipt number ANYNDC-4880092., #16 MOTION for Limited Admission Pro Hac Vice of Timothy Kenly Webster Filing fee $100, receipt number ANYNDC-4880098., #19 Notice of Appearance, #13 MOTION to Intervene , #14 Affidavit in Support of Motion (Rowe, Kristin)
September 23, 2019 Filing 20 Letter Motion from Kristin Carter Rowe for General Electric Company requesting Return date of motion to intervene be moved to October 17, 2019 submitted to Judge Magistrate Judge Hummel . (Rowe, Kristin)
September 23, 2019 Filing 19 NOTICE of Appearance by Kristin Carter Rowe on behalf of General Electric Company (Rowe, Kristin)
September 23, 2019 Filing 18 MOTION for Limited Admission Pro Hac Vice of Samuel I. Gutter Filing fee $100, receipt number ANYNDC-4880105. filed by General Electric Company. Motions referred to Christian F. Hummel. (Sommer, Dean)
September 23, 2019 Filing 17 MOTION for Limited Admission Pro Hac Vice of James R. Bieke Filing fee $100, receipt number ANYNDC-4880101. filed by General Electric Company. Motions referred to Christian F. Hummel. (Sommer, Dean)
September 23, 2019 Filing 16 MOTION for Limited Admission Pro Hac Vice of Timothy Kenly Webster Filing fee $100, receipt number ANYNDC-4880098. filed by General Electric Company. Motions referred to Christian F. Hummel. (Sommer, Dean)
September 23, 2019 Filing 15 MOTION for Limited Admission Pro Hac Vice of Eric S. Merrifield Filing fee $100, receipt number ANYNDC-4880092. filed by General Electric Company. Motions referred to Christian F. Hummel. (Sommer, Dean)
September 23, 2019 Filing 14 AFFIDAVIT in Support re #13 MOTION to Intervene Proposed Answer of GE filed by General Electric Company. (Sommer, Dean)
September 23, 2019 Filing 13 MOTION to Intervene Motion Hearing set for 11/21/2019 09:30 AM in Albany before Magistrate Judge Christian F. Hummel Response to Motion due by 11/4/2019 filed by General Electric Company. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Excerpts from consent decree, #3 Exhibit(s) Press release, #4 Affidavit, #5 Exhibit(s) Excerpts from record of decision, #6 Exhibit(s) Certification of completion) Motions referred to Christian F. Hummel. (Sommer, Dean)
August 26, 2019 Opinion or Order Filing 12 ORDER OF TRANSFER: The Court finds that upon request #11 of plaintiff's counsel and confirmation from US District Judge David N. Hurd, the above case is related to: 1:05-CV-1270 (DNH / CFH). It is hereby ORDERED that this case is transferred to the Honorable David N. Hurd, U.S. District Judge for the Northern District of New York, for all future proceedings. Signed by Senior Judge Lawrence E. Kahn on 8/26/2019. (mgh)
August 23, 2019 ***Answer due date updated for United States Environmental Protection Agency answer due 10/21/2019; Andrew R. Wheeler answer due 10/21/2019. (mgh)
August 22, 2019 Filing 11 Letter Motion from Plaintiffs for Basil Seggos, State of New York, The New York State Department of Environmental Conservation requesting Conference and Stay of Discovery and Motion Practice submitted to Judge Hummel . (Attachments: #1 Proposed Order/Judgment)(Haner, Brittany)
August 22, 2019 Filing 10 CERTIFICATE OF SERVICE by Basil Seggos, State of New York, The New York State Department of Environmental Conservation Andrew R. Wheeler, U.S. EPA Administrator (Haner, Brittany)
August 22, 2019 Filing 9 CERTIFICATE OF SERVICE by Basil Seggos, State of New York, The New York State Department of Environmental Conservation NDNY Civil Process Clerk (Haner, Brittany)
August 22, 2019 Filing 8 CERTIFICATE OF SERVICE by Basil Seggos, State of New York, The New York State Department of Environmental Conservation U.S. EPA, Office of General Counsel (Haner, Brittany)
August 22, 2019 Filing 7 CERTIFICATE OF SERVICE by Basil Seggos, State of New York, The New York State Department of Environmental Conservation Hon. William Barr, U.S. Attorney General (Haner, Brittany)
August 21, 2019 Filing 6 Notice of Related Case by Basil Seggos, State of New York, The New York State Department of Environmental Conservation submitted to Judge Hummel . Objections due by 8/28/2019 (Attachments: #1 Supplement)(Haner, Brittany)
August 21, 2019 Filing 5 NOTICE by Basil Seggos, State of New York, The New York State Department of Environmental Conservation Response re AG James' Admission (Attachments: #1 Exhibit(s) Notice re Admission)(Haner, Brittany)
August 21, 2019 Notice re: Compliance with General Order #12: Pursuant to General Order #12, counsel is required to file the Notice of Related Case form as a separate document. Refer to the Court's website: www.nynd.uscourts.gov for further instructions. Counsel may access the fillable form using the following link: www.nynd.uscourts.gov/content/general-order-12 (mgh)
August 21, 2019 Filing 4 NOTICE of Admission Requirement as to Party State of New york, The New York State Department of Environmental Conservation and Basil Seggos; Attorney Letitia James, Attorney General, Esq. {Clerk sent the Notice via regular mail}(mgh)
August 21, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/19/2019 09:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/12/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh)
August 21, 2019 Filing 2 Summons Issued as to United States Environmental Protection Agency, Andrew R. Wheeler. (mgh)
August 21, 2019 Filing 1 COMPLAINT against United States Environmental Protection Agency, Andrew R. Wheeler (Filing fee $400 receipt number ANYNDC-4844724) filed by The New York State Department of Environmental Conservation, State of New York, Basil Seggos. (Attachments: #1 Civil Cover Sheet)(mgh)

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Plaintiff: Basil Seggos
Represented By: Brittany M. Haner
Represented By: James C. Woods
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Plaintiff: State of New York
Represented By: Brittany M. Haner
Represented By: James C. Woods
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Plaintiff: The New York State Department of Environmental Conservation
Represented By: Brittany M. Haner
Represented By: James C. Woods
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Defendant: Andrew R. Wheeler
Represented By: John D. Hoggan, Jr.
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Defendant: United States Environmental Protection Agency
Represented By: John D. Hoggan, Jr.
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Intervenor defendant: General Electric Company
Represented By: Timothy K. Webster
Represented By: James R. Bieke
Represented By: Peter D. Keisler
Represented By: Dean S. Sommer
Represented By: Kristin Carter Rowe
Represented By: Samuel Gutter
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