Natural Resources Defense Council, Inc. et al v. United States Consumer Product Safety Commission

Justia Dockets & Filings Second Circuit New York Southern District Natural Resources Defense Council, Inc. et al v. United States Consumer Product Safety Commission

Natural Resources Defense Council, Inc. et al v. United States Consumer Product Safety Commission

Plaintiff:	Natural Resources Defense Council, Inc. and Public Citizen, Inc.
Defendant:	United States Consumer Product Safety Commission
Case Number:	1:2008cv10507
Filed:	December 4, 2008
Court:	US District Court for the Southern District of New York
Office:	Other Statutory Actions Office
County:	New York
Presiding Judge:	Paul G. Gardephe
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:1331 Fed. Question: Other

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Docket Report

This docket was last retrieved on April 27, 2010. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 7, 2009	Filing 38 STIPULATION AND ORDER REGARDING ATTORNEYS' FEES AND COSTS: The United States will pay to plaintiffs the sum of $78,000 in attorneys' fees and litigation costs ($77,333 in fees and $667 in costs). Plaintiffs and defendant agree that this sum constitutes a full and complete settlement of any claims by plaintiffs for attorneys' fees and litigation costs in connection with this action under any provision of law that plaintiffs assert or could have asserted to recover fees and costs in this action. (Signed by Judge Paul G. Gardephe on 4/7/09) (db) Modified on 4/15/2009 (db).
March 12, 2009	Filing 37 TRANSCRIPT of proceedings held on 2/02/09 before Judge Paul G. Gardephe. (ama)
February 6, 2009	Filing 36 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated February 5, 2009, plaintiffs' motion for summary judgment is granted; defendants cross-motion for summary judgment is denied; the Court declares that defendant has violated the Consumer Product Safety Improvement Act and the Administrative Procedure Act; and the Court sets aside defendant's November 17, 2008 decision regarding the phthalate prohibitions in Section 108 of the Consumer Product Safety Improvement Act. (Signed by J. Michael McMahon, clerk on 2/6/09) (Attachments: # 1 notice of right to appeal)(ml)
February 5, 2009	Filing 35 MEMORANDUM OPINION AND ORDER #97035: For the reasons set forth above, the Court finds that the phthalate prohibitions unambiguously apply to existing inventory, and that the Commissions opinion to the contrary must be set aside. Therefore, it is hereby: ORDERED that Plaintiffs motion for summary judgment (Docket No. 13) is GRANTED; ORDERED that Defendants cross-motion for summary judgment (Docket No. 12) is DENIED; DECLARED that Defendant has violated the Consumer Product Safety Improvement Act and the Administrative Procedure Act; and ORDERED that Defendant's November 17,2008 decision regarding the phthalate prohibitions in Section 108 of the Consumer Product Safety Improvement Act be set aside. (Signed by Judge Paul G. Gardephe on 2/5/2009) (jfe) Modified on 2/6/2009 (mro).
February 5, 2009	Transmission to Judgments and Orders Clerk. Transmitted re: 35 Memorandum & Opinion,,,, to the Judgments and Orders Clerk. (jfe)
January 29, 2009	Filing 34 ORDER granting 10 Motion to File Amicus Brief. The State of Connecticut's motion to file an amicus brief in this action (Docket No. 10) is hereby GRANTED, and its amicus brief, which was submitted as Exhibit 1 to the State of Connecticut's memorandum of law in support of its motion, is hereby deemed filed. (Signed by Judge Paul G. Gardephe on 1/29/2009) (rw)
January 27, 2009	CASHIERS OFFICE REMARK on 8 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/30/08, Receipt Number 673575. (Quintero, Marcos)
January 23, 2009	Filing 33 REPLY MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment. and in Opposition to Defendant's Cross Motion for Summary Judgment. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 32 RULE 56.1 STATEMENT. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 31 DECLARATION of Daniel R. Vice in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 30 DECLARATION of T. Kathryn Tucker in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 29 DECLARATION of Joseph Stoshak in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 28 DECLARATION of Julia Pershan in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 27 DECLARATION of Francesca Olivieri in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 26 DECLARATION of Linda Lopez in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 25 DECLARATION of Anna Lonergan in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 24 CERTIFICATE OF SERVICE of Reply Memorandum of Law served on NRDC on 1/23/09. Document filed by United States Consumer Product Safety Commission. (Goldman, Beth)
January 23, 2009	Filing 23 DECLARATION of Karen Kraut in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 22 DECLARATION of Sean Harrington in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 21 DECLARATION of Jasanna Britton in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 20 REPLY MEMORANDUM OF LAW in Support re: 12 CROSS MOTION for Summary Judgment.. Document filed by United States Consumer Product Safety Commission. (Goldman, Beth)
January 23, 2009	Filing 19 DECLARATION of Berit Block in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 18 CERTIFICATE OF SERVICE of Notice of Motion and Memorandum of Law served on NRDC on 1/9/09. Document filed by United States Consumer Product Safety Commission. (Goldman, Beth)
January 23, 2009	Filing 17 DECLARATION of Dr. Sarah Janssen in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Attachments: # 1 Exhibit A)(Colangelo, Aaron)
January 23, 2009	Filing 16 DECLARATION of Mitchell S. Bernard in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, 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)(Colangelo, Aaron)
January 23, 2009	Filing 15 MEMORANDUM OF LAW in Opposition re: 13 MOTION for Summary Judgment. and in Support of Cross Motion for Summary Judgment. Document filed by United States Consumer Product Safety Commission. (Goldman, Beth)
January 23, 2009	Filing 14 MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment.. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. (Colangelo, Aaron)
January 23, 2009	Filing 13 MOTION for Summary Judgment. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. Return Date set for 2/2/2009 at 10:00 AM.(Colangelo, Aaron)
January 23, 2009	Filing 12 CROSS MOTION for Summary Judgment. Document filed by United States Consumer Product Safety Commission.(Goldman, Beth)
January 16, 2009	Filing 11 MEMORANDUM OF LAW in Support re: 10 MOTION to File Amicus Brief.. Document filed by The State of Connecticut. (Attachments: # 1 Exhibit Proposed Amiucs Brief)(Lenehan, Mary)
January 16, 2009	Filing 10 MOTION to File Amicus Brief. Document filed by The State of Connecticut.(Lenehan, Mary)
January 12, 2009	CASHIERS OFFICE REMARK on 4 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/15/2008, Receipt Number 672339. (jd)
January 8, 2009	Filing 9 NOTICE OF APPEARANCE by Beth E. Goldman on behalf of United States Consumer Product Safety Commission (Goldman, Beth)
January 6, 2009	Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)
January 6, 2009	Filing 8 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Granting 7 Motion for Avinash Kar to Appear Pro Hac Vice for plaintiffs Natural Resources Defense Council, Inc., Public Citizen, Inc. (Signed by Judge Paul G. Gardephe on 1/6/09) (db)
December 30, 2008	Filing 7 MOTION for Avinash Kar to Appear Pro Hac Vice, w/ attch. Affidavit in support of Mitchell S. Bernard. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.(pl) Modified on 12/30/2008 (pl).
December 18, 2008	Filing 6 ENDORSED LETTER addressed to Judge Paul G. Gardephe from Mitchell S. Bernard dated 12/16/08 re: we request the following schedule for summary judgment briefing: Plaintiffs' summary judgment papers - December 24; Defendant's response - January 9; Plaintiffs' reply - January 16. ENDORSEMENT: The application is granted. Oral argument will take place on 2/2/09 at 10:00 a.m. SO ORDERED. (Motions due by 12/24/2008. Replies due by 1/16/2009. Responses due by 1/9/2009. Oral Argument set for 2/2/2009 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/18/08) (db)
December 18, 2008	Filing 5 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION; granting 4 Motion for Aaron S. Colangelo to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 12/17/08) (pl)
December 18, 2008	Transmission to Attorney Admissions Clerk. Transmitted re: 5 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
December 12, 2008	Filing 4 MOTION for Aaron Colangelo to Appear Pro Hac Vice. Document filed by Natural Resources Defense Council, Inc.(dle)
December 8, 2008	Filing 3 AMENDED COMPLAINT amending 1 Complaint against United States Consumer Product Safety Commission. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.. Related document: 1 Complaint filed by Natural Resources Defense Council, Inc. (dle)
December 4, 2008	Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc., Public Citizen, Inc.(ama)
December 4, 2008	Filing 1 COMPLAINT against United States Consumer Product Safety Commission. (Filing Fee $ 350.00, Receipt Number 671391)Document filed by Natural Resources Defense Council, Inc.(ama)
December 4, 2008	SUMMONS ISSUED as to United States Consumer Product Safety Commission. (ama)
December 4, 2008	Case Designated ECF. (ama)
December 4, 2008	Magistrate Judge Debra C. Freeman is so designated. (ama)

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Plaintiff: Natural Resources Defense Council, Inc.
Represented By:	Mitchell S. Bernard
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Plaintiff: Public Citizen, Inc.
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Defendant: United States Consumer Product Safety Commission
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