State of New York et al v. Brouillette et al
| District of Columbia, STATE OF COLORADO, City of New York, State of Maryland, State of Maine, State of Connecticut, State of Illinois, U.S. Dept of energy, STATE OF NEW YORK, Commonwealth of Massachusetts, State of Vermont, State of Washington, State of Minnesota, State of New Jersey, People of the State of Michigan, State of Oregon and State of California |
| Dan Brouillette, as Secretary of U.S. Dept of Energy, Dan Brouillette and United States Department of Energy |
| 1:2020cv09362 |
| November 9, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Environmental Matters |
| 42 U.S.C. § 6393 |
| None |
Docket Report
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This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 28 NOTICE OF APPEARANCE by David Alexander Zonana on behalf of State of California..(Zonana, David) |
Filing 27
ORDER granting #26 Letter Motion for Extension of Time. SO ORDERED. The conference for both cases is adjourned to March 5th, 2021 at 3:45 P.M. (Signed by Judge Alison J. Nathan on 1/4/2021) (nb)
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| Set/Reset Deadlines: Dan Brouillette answer due 2/18/2021; United States Department of Energy answer due 2/18/2021. (nb) |
| Set/Reset Hearings: Initial Conference set for 3/5/2021 at 03:45 PM before Judge Alison J. Nathan. (nb) |
| Filing 26 CONSENT LETTER MOTION for Extension of Time addressed to Judge Alison J. Nathan from Talia Kraemer dated 12/29/2020. Document filed by Dan Brouillette, United States Department of Energy..(Kraemer, Talia) |
| Filing 25 NOTICE OF APPEARANCE by Elizabeth R. Husa Briggs on behalf of People of the State of Michigan..(Briggs, Elizabeth) |
| Pro Hac Vice Fee Payment: for #19 MOTION for Stephen Scheele to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-22992257..(Scheele, Stephen) |
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Filing 24
ORDER granting #22 Motion for Jason Elliott James to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 23
ORDER granting #19 Motion for Stephen Scheele to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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| Filing 22 AMENDED MOTION for Jason Elliott James to Appear Pro Hac Vice on behalf of the State of Illinois. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit in Support of Pro hac, #3 Exhibit Proposed Order).(James, Jason) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 AMENDED MOTION for Jason Elliott James to Appear Pro Hac Vice on behalf of the State of Illinois. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason Elliot James to Appear Pro Hac Vice Jason James. Filing fee $ 200.00, receipt number ANYSDC-22939617. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Illinois. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit of Jason James, #3 Exhibit Proposed Order).(James, Jason) Modified on 12/8/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Jason Elliot James to Appear Pro Hac Vice Jason James. Filing fee $ 200.00, receipt number ANYSDC-22939617. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) |
| Filing 20 NOTICE OF APPEARANCE by Talia Kraemer on behalf of Dan Brouillette, United States Department of Energy..(Kraemer, Talia) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Stephen Scheele to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 19 MOTION for Stephen Scheele to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Washington. (Attachments: #1 Affidavit Declaration Scheele, #2 Exhibit Crtificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Scheele, Stephen) |
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Filing 18
ORDER granting #15 Motion for Paul Garrahan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 17
ORDER granting #14 Motion for Steven Novick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 16
ORDER granting #12 Motion for Eric R. Olson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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| Filing 15 MOTION for Paul Garrahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22834208. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oregon. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit of Paul Garrahan, #3 Exhibit Proposed Order).(Garrahan, Paul) |
| Filing 14 MOTION for Steven Novick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22833533. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Oregon. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit, #3 Exhibit Proposed Order).(Novick, Steven) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Paul Garrahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22834208. Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Steven Novick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22833533. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 13 NOTICE OF APPEARANCE by Jonathan Richard Bolton on behalf of State of Maine..(Bolton, Jonathan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 PROPOSED MOTION for Eric R. Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22714434. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 12 PROPOSED MOTION for Eric R. Olson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22714434. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of Colorado. Return Date set for 11/23/2020 at 05:00 PM. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Olson, Eric) |
| Filing 11 NOTICE OF APPEARANCE by Lisa S. Kwong on behalf of State of New York..(Kwong, Lisa) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,, served. Dan Brouillette served on 11/17/2020, answer due 1/19/2021; United States Department of Energy served on 11/17/2020, answer due 1/19/2021. Service was made by Mail. Document filed by State of Vermont; State of Maryland; State of California; State of New York; City of New York; Commonwealth of Massachusetts; State of Maine; State of Colorado; State of New Jersey; State of Washington; District of Columbia; People of the State of Michigan; State of Minnesota; State of Connecticut; State of Oregon; State of Illinois..(Kwong, Lisa) |
| Filing 9 NOTICE OF APPEARANCE by I. Andrew Goldberg on behalf of Commonwealth of Massachusetts..(Goldberg, I.) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, February 5, 2021 at 3:45pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Additionally, in accordance with the Court's Individual Rules, the parties are hereby ORDEREDto ECF file a Proposed Civil Case Management Plan and Scheduling Order no later than seven days prior to the Initial Pretrial Conference. The parties shall use this Court's form Proposed Case Management Plan and Scheduling Order available at the Court's website (http://nysd.uscourts.gov/judge/Nathan). IT IS FURTHER ORDERED that included with the Proposed Civil Case Management Plan, the parties jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs as further set forth in this Order. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Court's Individual Rules (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) forthwith. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally.( Initial Conference set for 2/5/2021 at 03:45 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/20/20) (yv)
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| NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-09127-AJN. Notice of Assignment to follow. (wb) |
| Filing 7 ELECTRONIC AMENDED SUMMONS ISSUED as to Dan Brouillette, United States Department of Energy..(dnh) Modified on 11/13/2020 (dnh). |
| Filing 6 NOTICE OF APPEARANCE by Benjamin Daniel Battles on behalf of State of Vermont..(Battles, Benjamin) |
| Filing 5 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Dan Brouillette, as Secretary of the United State Department of Energy; United States Department of Energy, re: #1 Complaint,,. Document filed by City of New York, Commonwealth of Massachusetts, District of Columbia, People of the State of Michigan, State of California, State of Colorado, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of New Jersey, State of New York, State of Oregon, State of Vermont, State of Washington. (Attachments: #1 Addendum to Summons).(Kwong, Lisa) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lisa S. Kwong. The party information for the following party/parties has been modified: STATE OF NEW YORK; STATE OF COLORADO; U.S. Dept of energy; Dan Brouillette, as Secretary of U.S. Dept of Energy; State of Minnesota. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party name was modified o add party text separately. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Alison J. Nathan as possibly related to 20-cv-9127. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lisa S. Kwong to RE-FILE Document No. #4 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): party name and party information on the 'as to' docket entry text and the PDF 'To' section must match exactly as it appears on the 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) |
| Filing 4 FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Dan Brouillette, as Secretary of the US Dep't of Energy; U.S. Dep't of Energy, re: #1 Complaint,,. Document filed by City of New York, Commonwealth of Massachusetts, District of Columbia, People of the State of Michigan, STATE OF COLORADO, STATE OF NEW YORK, State of California, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of New Jersey, State of Oregon, State of Vermont, State of Washington. (Attachments: #1 Supplement Addendum to Summons).(Kwong, Lisa) Modified on 11/10/2020 (jgo). |
| Filing 3 RELATED CASE AFFIRMATION of Lisa S. Kwong re: that this action be filed as related to 20-cv-9127. Document filed by City of New York, Commonwealth of Massachusetts, District of Columbia, People of the State of Michigan, STATE OF COLORADO, STATE OF NEW YORK, State of California, State of Connecticut, State of Illinois, State of Maine, State of Maryland, State of Minnesota, State of New Jersey, State of Oregon, State of Vermont, State of Washington..(Kwong, Lisa) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Civil Cover Sheet).(Kwong, Lisa) |
| Filing 1 COMPLAINT against Dan Brouillette, as Secretary of U.S. Dept of Energy, U.S. Dept of energy. (Filing Fee $ 400.00, Receipt Number ANYSDC-22497579)Document filed by State of Vermont, State of Maryland, State of California, STATE OF NEW YORK, City of New York, Commonwealth of Massachusetts, State of Maine, STATE OF COLORADO, State of New Jersey, State of Washington, District of Columbia, People of the State of Michigan, State of Minnesota, State of Connecticut, State of Oregon, State of Illinois. (Attachments: #1 Exhibit Attachment 1 -- List of 25 Product Categories for Which DOE has Missed Deadlines, #2 Exhibit Attachment 2 -- August 10, 2020 Notice of Intent to Sue).(Kwong, Lisa) |
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