State Of New York et al v. Ross et al
Plaintiff: New York State Department of Environmental Conservation, Basil Seggos and State Of New York
Defendant: United States Department of Commerce, Wilbur Ross, National Oceanic and Atmospheric Administration, National Marine Fisheries Service and NOAA Fisheries
Amicus Curiae: County of Suffolk
Case Number: 1:2019cv09380
Filed: October 10, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Deborah A Batts
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2019 Filing 27 ANSWER to #1 Complaint,. Document filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce.(Tarczynska, Dominika)
November 27, 2019 Filing 26 LETTER MOTION for Leave to File Administrative Record in Electronic Format addressed to Judge Deborah A. Batts from Dominika Tarczynska dated November 27, 2019. Document filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce. (Attachments: #1 Administrative Record Certification, #2 Administratve Record Index)(Tarczynska, Dominika)
November 26, 2019 Opinion or Order Filing 25 MEMO ENDORSEMENT on re: #21 Letter, filed by United States Department of Commerce, Wilbur Ross, National Marine Fisheries Service, National Oceanic and Atmospheric Administration. We write jointly on behalf of Plaintiffs State of New York, Basil Seggos, as Commissioner of the New York State Department of Environmental Conservation, and the New York State Department of Environmental Conservation ("Plaintiffs") and Defendants Wilbur Ross, in his official capacity as Secretary of the United States Defendant of Commerce, the United States Department of Commerce, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service ("Defendants"). The parties have conferred and agreed on the following summary judgment briefing schedule.Granted. So Ordered. (Signed by Judge Deborah A. Batts on 11/26/2019) (js)
November 26, 2019 Opinion or Order Filing 24 ORDER granting #23 Letter Motion for Leave to File Document. Granted. So Ordered. (Signed by Judge Deborah A. Batts on 11/26/19) (yv)
November 26, 2019 Set/Reset Deadlines: United States Department of Commerce answer due 11/29/2019. Cross Motions due by 12/13/2019. Responses due by 12/20/2019 Replies due by 1/10/2020. (js)
November 22, 2019 Filing 23 FIRST LETTER MOTION for Leave to File Letter Motion requesting leave to file a Memorandum of Law amicus curiae addressed to Judge Deborah A. Batts from Hope Senzer Gabor dated November 22, 2019. Document filed by County of Suffolk. (Attachments: #1 Exhibit Letter to court 11/15/2019)(Gabor, Hope)
November 15, 2019 Filing 22 Amicus Curiae APPEARANCE entered by Hope Senzer Gabor on behalf of County of Suffolk.(Gabor, Hope)
November 7, 2019 Filing 21 JOINT LETTER addressed to Judge Deborah A. Batts from Dominika Tarczynska dated November 7, 2019 re: Summary Judgment Briefing Schedule. Document filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce.(Tarczynska, Dominika)
November 5, 2019 Opinion or Order Filing 20 ORDER granting #18 Letter Motion for Extension of Time to File Response/Reply. GRANTED. SO ORDERED. (Signed by Judge Deborah A. Batts on 11/5/2019) (rro)
November 5, 2019 Filing 19 NOTICE OF APPEARANCE by Andrew Jon Gershon on behalf of New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Gershon, Andrew)
November 5, 2019 Filing 18 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #14 Letter, addressed to Judge Deborah A. Batts from Dominika Tarczynska dated November 5, 2019. Document filed by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce.(Tarczynska, Dominika)
October 24, 2019 Opinion or Order Filing 17 ORDER: The Court is in receipt of the Plaintiffs' Letter dated October 11, 2019 requesting a pre-motion conference for a motion to expedite judicial review in this matter. (ECF No. 14.) Defendants are directed to submit a response within 10 days of the date of this Order. (Signed by Judge Deborah A. Batts on 10/24/2019) (rro)
October 23, 2019 Filing 16 CERTIFICATE OF SERVICE (FISHERY CONSERVATION AND MANAGEMENT CASE) of Summons and Complaint, served. National Marine Fisheries Service served on 10/15/2019, answer due 11/29/2019; National Oceanic and Atmospheric Administration served on 10/15/2019, answer due 11/29/2019; Wilbur Ross served on 10/15/2019, answer due 11/29/2019; United States Department of Commerce served on 10/16/2019, answer due 12/2/2019. Service was made by Mail. Document filed by State Of New York; New York State Department of Environmental Conservation; Basil Seggos. (Wistar-Jones, Channing)
October 15, 2019 Filing 15 ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce. (dnh)
October 11, 2019 Filing 14 LETTER addressed to Judge Deborah A. Batts from Plaintiffs dated October 11, 2019 re: Conference for Motion to Expedite Judicial Review. Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York.(Wistar-Jones, Channing)
October 11, 2019 Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: #1 Complaint,. Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Wistar-Jones, Channing)
October 11, 2019 Filing 12 ELECTRONIC SUMMONS ISSUED as to Wilbur Ross. (jgo)
October 11, 2019 Filing 11 ELECTRONIC SUMMONS ISSUED as to National Oceanic and Atmospheric Administration. (jgo)
October 11, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED as to National Marine Fisheries Service. (jgo)
October 11, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Channing R. Wistar-Jones. The party information for the following party/parties has been modified: National Marine Fisheries Service. The information for the party/parties has been modified for the following reason/reasons: party text was removed and added as alias. (jgo)
October 11, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. 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)
October 11, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Channing R. Wistar-Jones to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF 'To' section must match exactly as it appears on the initial pleading caption and cannot be abbreviated;. 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)
October 11, 2019 Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17749614, paid on 10/10/2019. (jgo)
October 11, 2019 Magistrate Judge Barbara C. Moses 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)
October 11, 2019 Case Designated ECF. (jgo)
October 10, 2019 Filing 9 NOTICE OF APPEARANCE by Monica Blong Wagner on behalf of New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Wagner, Monica)
October 10, 2019 Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION for Summary Judgment . . Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Attachments: #1 Comments in Administrative Record)(Wistar-Jones, Channing)
October 10, 2019 Filing 7 MOTION for Summary Judgment . Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York.(Wistar-Jones, Channing)
October 10, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to National Marine Fisheries Service, a/k/a NOAA Fisheries, re: #1 Complaint,. Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Wistar-Jones, Channing)
October 10, 2019 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to National Oceanic and Atmospheric Administration, re: #1 Complaint,. Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Wistar-Jones, Channing)
October 10, 2019 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Commerce, re: #1 Complaint,. Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Wistar-Jones, Channing) Modified on 10/11/2019 (jgo).
October 10, 2019 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Wilbur Ross, in his official capacity as Secretary of the United States Department of Commerce, re: #1 Complaint,. Document filed by New York State Department of Environmental Conservation, Basil Seggos, State Of New York. (Wistar-Jones, Channing)
October 10, 2019 Filing 2 CIVIL COVER SHEET filed. (Wistar-Jones, Channing)
October 10, 2019 Filing 1 COMPLAINT against National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Wilbur Ross, United States Department of Commerce. Document filed by State Of New York, New York State Department of Environmental Conservation, Basil Seggos.(Wistar-Jones, Channing)

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Defendant: United States Department of Commerce
Represented By: Dominika Natalia Tarczynska
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Defendant: Wilbur Ross
Represented By: Dominika Natalia Tarczynska
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Defendant: National Oceanic and Atmospheric Administration
Represented By: Dominika Natalia Tarczynska
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Defendant: National Marine Fisheries Service
Represented By: Dominika Natalia Tarczynska
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Defendant: NOAA Fisheries
Represented By: Dominika Natalia Tarczynska
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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: Basil Seggos
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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Amicus curiae: County of Suffolk
Represented By: Hope Senzer Gabor
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