Rural & Migrant Ministry et al v. Andrew Wheeler et al
| El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Rural & Migrant Ministry, United Farm Workers Foundation, El Comite De Apoyo A Los Trabajadores Agrcolas, Alianza Nacional De Campesinas, United Farm Workers, Rural Coalition and Pineros Y Campesinos Unidos Del Noroeste |
| Andrew Wheeler and United States Environmental Protection Agency |
| 1:2020cv10645 |
| December 16, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
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Filing 61
STIPULATION AND CONSENT ORDER EXTENDING STAY AND ENTERING INJUNCTION: NOW, THEREFORE, it is stipulated and agreed, and the Court hereby orders, as follows:1. With the consent of the Organizational Plaintiffs and EPA, the stay of theeffective date of the 2020 Rule under 5 U.S.C. 705 shall be extended for a period of 30 days from the date of this order, and a preliminary injunction shall enter, enjoining and restraining EPA from taking any action to make effective the 2020 Rule prior to the end of the 30-day period. 2. The deadlines for letter briefing regarding the 2020 Rule and the conference scheduled for January 22, 2021, at 3:30 p.m., are adjourned until further notice. 3. All proceedings in these consolidated actions, including the deadlines to answeror otherwise respond to the complaints in these consolidated matters, shall be stayed for 30 days. 4. EPA shall provide a status update on or before 21 days following the Court's entry of this Stipulation and Consent Order. 5. Counsel for EPA will file this Stipulation and Consent Order via ECF on behalf of EPA and the Organizational Plaintiffs. Pursuant to Section 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court, Southern District of New York, counsel for the Organizational Plaintiffs consent to the electronic filing of this Stipulation and Consent Order by counsel for EPA.6. The terms of this Stipulation and Consent Order shall become effective upon its entry by the Court. If the Stipulation and Consent Order is not approved and entered by the Court, it shall be null and void, with no force or effect. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/19/2021) Filed In Associated Cases: 1:20-cv-10642-LJL, 1:20-cv-10645-LJL (ama)
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Filing 60
ORDER granting #57 Motion for Trent R. Taylor to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
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Filing 59
ORDER granting (31) Letter Motion to Seal in case 1:20-cv-10642-LJL (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-10642-LJL, 1:20-cv-10645-LJL (Liman, Lewis)
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Filing 58
ORDER granting (25) Letter Motion for Leave to File Document in case 1:20-cv-10642-LJL (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-10642-LJL, 1:20-cv-10645-LJL (Liman, Lewis)
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| Filing 57 MOTION for Trent R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23403521. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Affidavit Declaration in support of Motion PHV, #2 Exhibit Certificate of Good Standing, #3 Proposed Order).(Taylor, Trent) |
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Filing 56
ORDER. The above-captioned cases involve common questions of law and fact. For convenience, expedition, and judicial economy, and noting that no party has objected despite the opportunity to do so, the Court exercises its discretion to consolidate these cases into a single action. See Federal Rule of Civil Procedure 42(a)(2). The Clerk of Court is directed to consolidate all cases listed above under case number 20-cv-10642, and to close all other cases. Counsel are directed to make filings only under case number 20-cv-10642. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/7/2021). Filed In Associated Cases: 1:20-cv-10642-LJL, 1:20-cv-10645-LJL (rjm)
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| Terminate Transcript Deadlines. (rjm) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-10642-LJL. (rjm) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #57 MOTION for Trent R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23403521. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 55 MEMORANDUM OF LAW in Opposition re: #14 Proposed Order, #26 Order to Show Cause,,,,,,,, Set Hearings,,,,,,, #35 Scheduling Order,,,,,,,, . Document filed by Andrew Wheeler, United States Environmental Protection Agency..(Dolinger, Samuel) |
| Filing 54 DECLARATION of Toms Bartolo in Support re: #51 Memorandum of Law in Support,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Apfel, Carrie) |
| Filing 53 DECLARATION of Maria Barragan in Support re: #51 Memorandum of Law in Support,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Apfel, Carrie) |
| Filing 52 DECLARATION of Amy Liebman in Support re: #51 Memorandum of Law in Support,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Apfel, Carrie) |
| Filing 51 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #14 Proposed Order, . Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Apfel, Carrie) |
| Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/23/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 49 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/23/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/6/2021..(McGuirk, Kelly) |
| Filing 48 NOTICE of Certification of Administrative Record. Document filed by Andrew Wheeler, United States Environmental Protection Agency. (Attachments: #1 Administrative Record Index).(Dolinger, Samuel) |
| Filing 47 LETTER addressed to Judge Lewis J. Liman from Samuel Dolinger dated 1/4/2021 re: request to modify manner and timing of service of the administrative record. Document filed by Andrew Wheeler, United States Environmental Protection Agency..(Dolinger, Samuel) |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Trent R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23337366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Affidavit Affidavit in Support of Motion PHV, #2 Supplement Oregon Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Taylor, Trent) Modified on 1/4/2021 (aea). |
| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Trent R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23333478. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Affidavit Affidavit in Support of Motion PHV, #2 Exhibit Certificate of Good Standing).(Taylor, Trent) Modified on 1/4/2021 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #45 MOTION for Trent R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23333478. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Oregon.; missing Proposed Order;. Re-file the motion as a Corrected 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.. (bcu) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #46 MOTION for Trent R. Taylor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23337366. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Oregon; Affidavit is 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. (aea) |
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Filing 43
ORDER granting #27 Motion for Iris Figueroa to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
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Filing 42
ORDER granting #36 Motion for Carrie Faye Apfel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
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Filing 44
ORDER: granting in part #39 Letter Motion for Leave to File Document. The Government requests relief from the Court's order that the Government file with the Court and serve on the parties the full administrative record by 5:00 p.m. on January 4, 2021. Dkt. No. 40. It also seeks leave to file copyrighted materials under seal. The application is granted in part. The Government may serve the administrative record (including copyrighted materials) on the plaintiffs by compact disc delivered on Monday January 4, 2021, by 5:00 p.m, at an address to be provided by counsel for plaintiffs by January 2, 2021. The Government may provide the administrative record to the Court by thumb drive by mail at an address to be provided by the Court (through the deputy clerk). The Government shall file the materials required by Rule 17 by January 8, 2021. With respect to the filing of copyrighted materials on January 8, 2021, the Government shall follow the Court's individual practices with respect to the filing of material under seal. SO ORDERED.. (Signed by Judge Lewis J. Liman on 1/01/2021) (ama)
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| Filing 41 LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from Carrie Apfel dated 1/1/2021 re: #39 LETTER MOTION for Leave to File Administrative Record in part via regulatory dockets, and in part under seal due to copyright protections addressed to Judge Lewis J. Liman from Samuel Dolinger dated 12/31/2020. . Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Apfel, Carrie) |
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Filing 40
ORDER deferring ruling on #39 Letter Motion for Leave to File Document. Plaintiffs to respond by 5:00 p.m. on January 1, 2021. Defendant to inform counsel for Plaintiffs by email of this Order. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 39 LETTER MOTION for Leave to File Administrative Record in part via regulatory dockets, and in part under seal due to copyright protections addressed to Judge Lewis J. Liman from Samuel Dolinger dated 12/31/2020. Document filed by Andrew Wheeler, United States Environmental Protection Agency..(Dolinger, Samuel) |
| Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kara Leanne Goad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23270936. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate of Good Standing).(Goad, Kara) Modified on 12/30/2020 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #38 MOTION for Kara Leanne Goad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23270936. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia;. Re-file the motion as a Corrected 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.. (bcu) |
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Filing 37
OPINION & ORDER: The application for a stay of the effective date of the Final Rule is GRANTED. The Court recognizes that it has entered the stay based only on the limited record, and limited briefing, it has received. Accordingly, the Court will stay the effective date of the challenged portions of the EPA regulation only for 14 days, until January 12, 2021, pursuant to 5 U.S.C. 705, pending a hearing on the application for a preliminary injunction. The Court will hold a hearing at 2:30 p.m. on January 8, 2021, as to whether the stay and restraining order should be continued and a preliminary injunction granted or alternatively whether the stay and restraining order should be lifted or modified. Parties should dial 888-251-2909 and use access code 2123101. The Agency shall file the full administrative record in accordance with the deadline set forth by the Court in a separate order and the parties are invited to submit briefs and supporting evidence on the schedule set forth therein. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/29/2020) (ks)
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| Filing 36 MOTION for Carrie Faye Apfel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23250668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Affidavit in Support of Motion, #2 DC Certificate of Good Standing, #3 NY Certificate of Good Standing, #4 Proposed Order).(Apfel, Carrie) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Carrie Faye Apfel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23250668. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 35
ORDER: 1. Pursuant to Fed. R. Civ. P. 65 and 5 U.S.C. 705, and the Court having found that Plaintiffs have established on the papers before the Court (1) a substantial likelihood of success on their challenge to the Final Rule: Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements, 85 Fed. Reg. 68,760-01 (Oct. 30, 2020) ("Final Rule"); (2) irreparable harm; (3) that the balance of hardships tip in their favor; and (4) that such relief is in the public interest, the effective date of the Final Rule is stayed for a period of 14 days, or until January 11, 2021, pending the Court's consideration of Plaintiffs motion for a preliminary injunction and further stay of the Final Rule. Defendants, the United States Environmental Protection Agency and Andrew Wheeler, Administrator of the United States Environmental Protection Agency, are enjoined and restrained from taking any action to make effective the Final Rule prior to January 11, 2021; 2. The security requirement of Fed. R. Civ. P. 65(c) is waived because no costs or damages will flow from maintaining the status quo and because Defendants have not requested security; 3. The Court will hold a hearing at 2:30 p.m. on January 8, 2021, as to whether the stay and restraining order should be continued and a preliminary injunction granted or alternatively whether the stay and restraining order should be lifted and/or modified. Parties should dial 1-888-251-2909 and use access code 2123101; 4. To permit further judicial review, the Government is ordered to file with the Court and serve on the parties the full administrative record no later than January 4, 2021 at 5:00 p.m.; 5. The parties may file memoranda and supporting declarations in support of or in opposition to the motion for a preliminary injunction and/or continuance of the stay by no later than January 6, 2021 at 5:00 p.m. The parties should indicate in those papers whether they intend to call witnesses at the January 8, 2021 hearing. SO ORDERED. Responses due by 1/6/2021. Telephone Conference set for 1/8/2021 at 02:30 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 12/28/2020) (mml)
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| Filing 34 LETTER addressed to Judge Lewis J. Liman from Eve Gartner dated 12/28/2020 re: Transcript of TRO Hearing. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Transcript of 12/23/20 TRO Hearing).(Gartner, Eve) |
| Filing 33 LETTER addressed to Judge Lewis J. Liman from Eve Gartner dated 12/26/2020 re: Scope of relief under 5 U.S.C. 705. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 32 LETTER addressed to Judge Lewis J. Liman from Samuel Dolinger dated 12/26/2020 re: EPA letter brief regarding relief under 5 U.S.C. 705. Document filed by Andrew Wheeler, United States Environmental Protection Agency..(Dolinger, Samuel) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 12/23/2020. Eve Gartner, Surbhi Sarang, Trent Taylor, Carrie Apfel, and Kara Goad present by telephone for Plaintiffs. Samuel Dolinger present by telephone for Defendants. Matthew Colangelo present by telephone for State of New York. Court reporter present by telephone. The Court heard oral argument from both plaintiffs and defendants in re: dkt. #14 Plaintiffs Proposed Order to show cause for a TRO and/or PI. Decision reserved by the Court, opinion and order to follow. Plaintiffs counsel directed to order a copy of transcript on expedited basis. (mf) |
| Filing 31 NOTICE of filing of protective petition for review. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #14 Proposed Order, #26 Order to Show Cause,,,,,,,, Set Hearings,,,,,,, . Document filed by Andrew Wheeler, United States Environmental Protection Agency..(Dolinger, Samuel) |
| Filing 29 ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency..(dnh) |
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Filing 28
ORDER: IT IS HEREBY ORDERED that, by December 28, at 5:00 p.m., any party objecting to consolidation shall file a letter on ECF, not to exceed two pages, explaining why the cases should not be consolidated for all purposes. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/21/2020) (kv)
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| Filing 27 MOTION for Iris Figueroa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23132725. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Declaration, #2 Proposed Order, #3 NY Good Standing Certificate, #4 DC Good Standing Certificate).(Figueroa, Iris) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-10642-LJL. Notice of Assignment to follow. (laq) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Iris Figueroa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23132725. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| NOTICE OF CASE ASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (laq) |
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Filing 26
ORDER TO SHOW CAUSE FOR EMERGENCY RELIEF PURSUANT TO FED. R. CIV. P. 65 AND 5 U.S.C. 705. It is ORDERED that Defendants U.S. Environmental Protection Agency and Andrew Wheeler, in his official capacity as Administrator of the U.S. Environmental Protection Agency (Defendants), show cause by filing a response to this Order with the Southern District of New York by December 22, 2020, at 5 p.m. concerning: (1) why Plaintiffs should not be granted a temporary restraining order and/or preliminary injunction, pursuant to Fed. R. Civ. P. 65, to enjoin Defendants, and those in concert with them including State agencies responsible for implementing federal pesticide regulations, from implementing, applying, or taking any action under the Final Rule, Pesticides; Agricultural Worker Protection Standard; Revision of the Application Exclusion Zone Requirements, 85 Fed. Reg. 68,760-01 (Oct. 30, 2020), which goes into effect on December 29, 2020; (2) why the Fed. R. Civ. P. 65(c) security requirement should not be waived because no costs or damages will flow from maintaining the status quo, see Doctor's Assocs., Inc. v. Distajo, 107 F.3d 126, 136 (2d Cir. 1997); and (3) why Plaintiffs should not be granted a stay postponing the effective date of the Final Rule, pursuant to 5 U.S.C. 705, until this case is decided on the merits and final judgment is entered. It is further ordered that Plaintiffs and Defendants shall appear for a teleconference before the Court for oral argument on Plaintiffs' proposed Order on December 23, 2020, at 5:00 p.m. Parties are directed to dial 888-251-2909 and use the access code 2123101. So Ordered. ( Show Cause Response due by 12/22/2020.), ( Telephone Conference set for 12/23/2020 at 05:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 12/18/20) (yv)
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| Filing 25 DECLARATION of Nezahualcoyotl Xiuhtecutli re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 24 DECLARATION of Richard Witt re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 23 DECLARATION of Mily Trevino-Sauceda re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 22 DECLARATION of Teresa Romero re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 21 DECLARATION of Lorette Picciano re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 20 DECLARATION of Reyna Lopez re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 19 DECLARATION of Amy Liebman re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 18 DECLARATION of William Jordan re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 17 DECLARATION of Eriberto Fernandez re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 16 DECLARATION of Jessia Culley re: #14 Proposed Order, Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 15 DECLARATION of Carrie Apfel re: #14 Proposed Order, and Memorandum of Law in Support of Order to Show Cause. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13).(Gartner, Eve) |
| Filing 14 PROPOSED ORDER. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation. (Attachments: #1 Memorandum of Law in Support of Order to Show Cause).(Gartner, Eve) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 13 NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Andrew Wheeler, United States Environmental Protection Agency..(Dolinger, Samuel) |
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Filing 12
ORDER granting #11 Letter Motion for Leave to File Document. Service may be effected by service of the summons and complaint by email, with the consent of defendants. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
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| Filing 11 CONSENT LETTER MOTION for Leave to File motion to permit service of the summons and complaint by email addressed to Judge Lewis J. Liman from Eve Gartner dated December 18, 2020. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: #1 Complaint,,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 9 NOTICE OF APPEARANCE by Surbhi Sarang on behalf of Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Sarang, Surbhi) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eve C. Gartner to RE-FILE Document No. #8 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): 'As to' Error; the party name must appear in the docket entry text and on the summons PDF exactly as it appears in the pleading caption. Do not abbreviate party name. 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 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: #1 Complaint,,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) Modified on 12/18/2020 (dnh). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Andrew Wheeler..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eve C. Gartner. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551 Administrative Procedure Act. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:702 Administrative Procedure Act. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eve C. Gartner. 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 omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Eve C. Gartner. The following party/parties has been removed from this case: El Comite De Apoyo A Los Trabajadores Agrcolas. The party was added to the case in error. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh) |
| CASE REFERRED TO Judge P. Kevin Castel as possibly related to 1:20-cv-10642-PKC. (dnh) Modified on 12/18/2020 (laq). |
| Case Designated ECF. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eve C. Gartner to RE-FILE Document No. #6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the name of the party as to whom the summons is being requested must be listed in the Defendant 'To:' section of the summons PDF. 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 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Environmental Protection Agency, re: #1 Complaint,,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) Modified on 12/17/2020 (dnh). |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew Wheeler, re: #1 Complaint,,. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 3 RELATED CASE AFFIRMATION of Eve Gartner re: that this action be filed as related to 20-cv-10642. Document filed by El Comite De Apoyo A Los Trabajadores Agricolas, Farmworker Association Of Florida, Migrant Clinicians Network, Pineros Y Campesinos Unidos Del Noroeste, Rural & Migrant Ministry, Rural Coalition, United Farm Workers, United Farm Workers Foundation..(Gartner, Eve) |
| Filing 2 CIVIL COVER SHEET filed..(Gartner, Eve) |
| Filing 1 COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-23071748)Document filed by Pineros Y Campesinos Unidos Del Noroeste, Rural Coalition, United Farm Workers Foundation, Alianza Nacional De Campesinas, United Farm Workers, Farmworker Association Of Florida, Rural & Migrant Ministry, Migrant Clinicians Network, El Comite De Apoyo A Los Trabajadores Agricolas. (Attachments: #1 Exhibit Ex. 1 - October Final Rule, #2 Exhibit Ex. 2- Farmworker Comments).(Gartner, Eve) |
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