Labor Council For Latin American Advancement et al v. United States Environmental Protection Agency et al
| Labor Council For Latin American Advancement and Natural Resources Defense Council, Inc. |
| United States Environmental Protection Agency, Andrew Wheeler, in his official capacity as Acting Administrator of the United States Environmental Protection Agency and Andrew Wheeler |
| Robert M. Sussman |
| 1:2019cv01538 |
| February 19, 2019 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 15 U.S.C. § 2601 |
| None |
Docket Report
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Filing 28
ORDER granting #23 Motion for Robert M. Sussman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/4/2019) (kv)
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE granting #24 Motion for Thomas Zimpleman to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 4/1/2019) (jca)
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| Filing 26 PROPOSED STIPULATION AND ORDER. Document filed by United States Environmental Protection Agency, Andrew Wheeler, United States Environmental Protection Agency, Andrew Wheeler. (Levine, Danielle) |
| Filing 25 NOTICE OF APPEARANCE by Stephanie Elizabeth Niehaus on behalf of Halogenated Solvents Industry Alliance, Inc.. Filed In Associated Cases: 1:19-cv-01538-LAK, 1:19-cv-02675-LAK(Niehaus, Stephanie) |
| Filing 24 MOTION for Thomas Zimpleman to Appear Pro Hac Vice as counsel for plaintiff Natural Resources Defense Council. Filing fee $ 200.00, receipt number ANYSDC-16560827. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: #1 Exhibit Illinois Certificate of Good Standing, #2 Exhibit District of Columbia Certificate of Good Standing, #3 Affidavit, #4 Text of Proposed Order)(Zimpleman, Thomas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Thomas Zimpleman to Appear Pro Hac Vice as counsel for plaintiff Natural Resources Defense Council. Filing fee $ 200.00, receipt number ANYSDC-16560827. Motion and supporting papers to be reviewed by Clerk. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 23 FIRST MOTION for Robert M Sussman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16528605. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert M. Sussman. (Attachments: #1 Text of Proposed Order Proposed Order granting motion, #2 Affidavit Affidavit in support of motion, #3 Certificate of good standing)(Sussman, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 FIRST MOTION for Robert M Sussman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16528605. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 22
STIPULATION OF CONSOLIDATION PURSUANT TO 15 U.S.C. 2619(d)(2): NOW, THEREFORE, IT IS STIPULATED AND AGREED, by and between the parties to the New York Action and the Vermont Action, as follows: 1. The Vermont Action is transferred to the United States District Court for the Southern District of New York, and consolidated with the New York Action, pursuant to 15 U.S.C. 2619(d)(2). 2. Upon transfer of the Vermont Action to the Southern District of New York, EPA's deadline to answer or otherwise respond to the complaint in the Vermont Action shall be May 6, 2019, unless otherwise ordered by the Court. 3. The Vermont Plaintiffs and the SDNY Plaintiffs reserve the right to present separate complaints and briefing following consolidation. 4. The Clerk of the Court shall notify the Clerk of the United States District Court for the District of Vermont of this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/15/2019) (jca) Transmission to Office of the Clerk of Court for processing.
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| Mailed a copy of #22 Stipulation and Order, to US District Court, District of Vermont, Attn: Clerks Office, P.O. Box 945 Burlington, VT 05402-0945. (aea) |
| Filing 21 AFFIDAVIT OF SERVICE of Complaint, Civil Cover Sheet, Summons, Plaintiffs' Rule 7.1 Statements, Order re Scheduling and Initial Pretrial Conference served on United States Environmental Protection Agency and Andrew Wheeler, in his official capacity as Administrator of the United States Environmental Protection Agency on 02/26/2019. Service was made by Mail. Document filed by Labor Council For Latin American Advancement, Natural Resources Defense Council, Inc.. (Attachments: #1 Exhibit Proof of Service (EPA), #2 Exhibit Proof of Service (Andrew Wheeler in his official capacity as Administrator of the U.S. EPA), #3 Exhibit Proof of Service (Attorney General of the U.S.), #4 Exhibit Proof of Service (Civil Process Clerk))(Kalmuss-Katz, Jonathan) |
| Filing 20 CERTIFICATE OF SERVICE of Stipulation of Consolidation Pursuant to 15 U.S.C. 2619(d)(2) (Dkt. No. 19) served on Robert Sussman on March 14, 2019. Service was made by Mail. Document filed by United States Environmental Protection Agency, Andrew Wheeler. (Levine, Danielle) |
| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by United States Environmental Protection Agency, Andrew Wheeler. (Attachments: #1 Exhibit A - D. Vt. Complaint) (Levine, Danielle) |
| Filing 18 NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Environmental Protection Agency, Andrew Wheeler. (Levine, Danielle) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Andrew Wheeler. (dnh) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Wheeler, in his official capacity as Acting Administrator of the U.S. Environmental Protection Agency, re: #10 Complaint. Document filed by Labor Council For Latin American Advancement, Natural Resources Defense Council, Inc.. (Kalmuss-Katz, Jonathan) |
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Filing 15
ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Counsel receiving this order shall promptly mail copies hereof to all other counsel of record or, in the case of parties for which no appearance has been made, to such parties, and as further set forth in this Order. (Initial Conference set for 4/1/2019 at 02:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/22/2019) (jca)
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| Filing 14 ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Kalmuss-Katz to RE-FILE Document No. #13 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'C/o' Error; Include 'c/o' or 'via' before second party name (c/o U.S. Environmental Protection Agency). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Wheeler, in his official capacity as Acting Administrator of the U.S. Environmental Protection Agency, re: #10 Complaint. Document filed by Labor Council For Latin American Advancement, Natural Resources Defense Council, Inc.. (Kalmuss-Katz, Jonathan) Modified on 2/21/2019 (dnh). |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: #10 Complaint. Document filed by Labor Council For Latin American Advancement, Natural Resources Defense Council, Inc.. (Kalmuss-Katz, Jonathan) |
| Filing 11 CIVIL COVER SHEET filed. (Kalmuss-Katz, Jonathan) |
| Filing 10 COMPLAINT against United States Environmental Protection Agency, Andrew Wheeler. Document filed by Labor Council For Latin American Advancement, Natural Resources Defense Council, Inc..(Kalmuss-Katz, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Kalmuss-Katz. The party information for the following party/parties has been modified: Andrew Wheeler. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Kalmuss-Katz. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 893 (Environmental Matters);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 899 (Other Statutes: Admin. Proced. Act/Review or Appeal of Agency Decision));. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Kalmuss-Katz to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the filers were not selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jonathan Kalmuss-Katz to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Kalmuss-Katz to RE-FILE Document No. #5 Request for Issuance of Summons, #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): all of the filers were not selected; the party text on the PDF 'To' section must exactly match initial pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) |
| Filing 8 NOTICE OF APPEARANCE by Nancy Sharman Marks on behalf of Natural Resources Defense Council, Inc.. (Marks, Nancy) |
| Filing 7 NOTICE OF APPEARANCE by Eve C. Gartner on behalf of Labor Council For Latin American Advancement. (Gartner, Eve) |
| Filing 6 NOTICE OF APPEARANCE by Jonathan Kalmuss-Katz on behalf of Labor Council For Latin American Advancement. (Kalmuss-Katz, Jonathan) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Wheeler, in his official capacity as Acting Administrator of the U.S. Environmental Protection Agency, re: #1 Complaint,. Document filed by Labor Council For Latin American Advancement. (Kalmuss-Katz, Jonathan) Modified on 2/20/2019 (jgo). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: #1 Complaint,. Document filed by Labor Council For Latin American Advancement. (Kalmuss-Katz, Jonathan) Modified on 2/20/2019 (jgo). |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Labor Council For Latin American Advancement.(Kalmuss-Katz, Jonathan) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Kalmuss-Katz, Jonathan) Modified on 2/20/2019 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Andrew Wheeler, in his official capacity as Acting Administrator of the United States Environmental Protection Agency, United States Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-16367229)Document filed by Labor Council For Latin American Advancement.(Kalmuss-Katz, Jonathan) Modified on 2/20/2019 (jgo). |
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