Tzumi Innovations, LLC v. Wheeler et al
Plaintiff: Tzumi Innovations, LLC
Defendant: Andrew R. Wheeler and United States Environmental Protection Agency
Case Number: 1:2021cv00122
Filed: January 7, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Lorna G Schofield
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2021 Opinion or Order Filing 73 ORDER granting #72 Letter Motion for Extension of Time. Application GRANTED. No further extensions will be granted absent compelling circumstances. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/15/2021) (rro)
December 15, 2021 Opinion or Order Filing 72 JOINT LETTER MOTION for Extension of Time for submission of joint confidential settlement update letter addressed to Magistrate Judge Barbara C. Moses from AUSA Allison Rovner dated December 15, 2021. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
November 19, 2021 Opinion or Order Filing 71 ORDER: It is hereby ORDERED that the seal on the documents at docket number 69 is LIFTED. The Clerk of Court is respectfully directed to unseal the entry and documents at docket number 69. (Signed by Judge Lorna G. Schofield on 11/19/2021) (mml)
November 18, 2021 Opinion or Order Filing 70 ORDER RE CONTINUED SETTLEMENT PROCEEDINGS:No later than December 3, 2021, plaintiff shall produce the "economic benefit"materials discussed during the conference, for settlement purposes only. Between now and December 3 the parties shall meet and confer in good faith to ensure that both sides understand what has been requested and what will be produced. Promptly upon production of the economic benefit materials, the parties shall continue their settlement negotiations bilaterally and in good faith, including at least one "real time" settlement discussion (in person or by telephone or videoconference) of the outstanding issues, and each party shall convey to the opposing party at least one good-faith settlement demand or offer, in advance of the deadline, set forth below, for submitting a confidential settlement update letter to the Court. Prior negotiations and/or settlement proposals cannot be relied upon for the purpose of this Order. No later than December 17, 2021, the parties shall submit a joint confidential settlement update letter by email, addressed to Moses_NYSDChambers@nysd.uscourts.gov, and marked "Confidential Material for Use Only at Settlement Conference." Do not file the confidential settlement letter on ECF. In six pages or less, the letter should confirm that the parties complied with paragraph 1 and 2 above, update the Court as to each party's current settlement position; advise the Court whether a further judicially supervised settlement conference would be productive; and, if so, provide proposed dates for that conference. The Court ordinarily conducts settlement conferences at 2:15 or 4:15 p.m. every weekday except Friday. Nothing in this Order suspends or affects the parties' other litigation deadlines or obligations. (Signed by Magistrate Judge Barbara C. Moses on 11/18/2021) (rro)
November 17, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 11/17/2021. (Snell, Kevin)
November 9, 2021 Opinion or Order Filing 69 ***SELECTED PARTIES***NOTICE of Certification of Administrative Record (CBI). Document filed by United States Environmental Protection Agency, Andrew R. Wheeler, Tzumi Innovations, LLC. (Attachments: #1 Supplement)Motion or Order to File Under Seal: #64 .(Rovner, Allison)
November 9, 2021 Opinion or Order Filing 68 NOTICE of Certification of Administrative Record (Part 4). Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement).(Rovner, Allison)
November 9, 2021 Opinion or Order Filing 67 NOTICE of Certification of Administrative Record (Part 3). Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement).(Rovner, Allison)
November 9, 2021 Opinion or Order Filing 66 NOTICE of Certification of Administrative Record (Part 2). Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement, #10 Supplement).(Rovner, Allison)
November 9, 2021 Opinion or Order Filing 65 NOTICE of Certification of Administrative Record (Part 1). Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement, #8 Supplement, #9 Supplement, #10 Supplement).(Rovner, Allison)
November 9, 2021 Opinion or Order Filing 64 ORDER granting #63 Letter Motion to Seal. Application GRANTED. The EPA shall file the material potentially containing confidential business information under provisional seal. By November 18, 2021, if Plaintiff seeks to seal that material, Plaintiff shall file a letter providing the basis for sealing in accordance with the three-part test in Lugosch. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). If Plaintiff believes redactions are appropriate, it shall also submit proposed redactions attached to the letter.. (Signed by Judge Lorna G. Schofield on 11/9/2021) (kv)
November 9, 2021 Opinion or Order Filing 63 LETTER MOTION to Seal portion of administrative record that may constitute confidential business information addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated November 9, 2021. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
October 1, 2021 Opinion or Order Filing 62 ORDER granting #61 Letter Motion to Adjourn Conference. Application GRANTED. The telephonic settlement conference currently scheduled for October 19, 2021, is hereby ADJOURNED to November 17, 2021, at 2:15 p.m. The parties' confidential settlement letters and acknowledgment forms are due November 10, 2021. All other provisions in the Court's Order Scheduling Settlement Conference dated August 18, 2021 (Dkt. No. 59) remain in effect. SO ORDERED. (Telephone Conference set for 11/17/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/1/2021) (rro) Modified on 10/1/2021 (rro).
October 1, 2021 Opinion or Order Set/Reset Hearings: Telephone Conference set for 11/17/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses. (rro)
September 30, 2021 Opinion or Order Filing 61 LETTER MOTION to Adjourn Conference and pre-conference submissions addressed to Magistrate Judge Barbara C. Moses from AUSA Allison Rovner dated September 30, 2021. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
August 27, 2021 Opinion or Order Filing 60 ANSWER to #27 Amended Complaint,. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
August 18, 2021 Opinion or Order Filing 59 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on October 19, 2021, at 2:15 p.m. For the duration of the COVID-19 public health emergency, and unless otherwise ordered by the Court, all attendees must participate in the settlement conference telephonically, using the Court's teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter (a) the access code 7746387 and (b) the security code that the Court will provide to you, by email, on receipt of all parties' confidential settlement letters. (As further set forth in this Order.) ( Telephone Conference set for 10/19/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 8/18/2021) (cf)
August 11, 2021 Opinion or Order Filing 58 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Lorna G. Schofield on 8/11/2021) (cf)
August 11, 2021 Opinion or Order Filing 57 MEMO ENDORSEMENT on re: #56 Letter filed by Andrew R. Wheeler, United States Environmental Protection Agency. ENDORSEMENT: The Government's request to extend the time to answer the Amended Complaint to August 27, 2021, is GRANTED. The parties' proposed schedule is ADOPTED IN PART. The Government shall file the administrative record by November 9, 2021. Plaintiff Tzumi shall file a letter as soon as possible and no later than November 23, 2021, stating whether it believes any discovery is necessary. Tzumi shall file its motion for summary judgment, not to exceed twenty-five (25) pages, by January 10, 2022. The Government shall file its opposition and cross-motion for summary judgment, not to exceed forty (40) pages, by January 31, 2022. Tzumi shall file its reply and opposition to the Government's cross-motion for summary judgment, not to exceed twenty-five (25) pages, by February 21, 2022. The Government shall file its reply, not to exceed ten (10) pages, by February 28, 2022. Notwithstanding the aforementioned page allocation, the parties may reallocate the page amounts as they deem appropriate, so long as no party exceeds fifty (50) pages of briefing in total. The parties shall exchange information sufficient to engage in settlement discussion by October 11, 2021. Because of Magistrate Judges' busy schedules, a referral to Judge Moses for settlement discussions will follow so that the parties can schedule a settlement conference now. United States Environmental Protection Agency answer due 8/27/2021; Andrew R. Wheeler answer due 8/27/2021. ( Cross Motions due by 1/31/2022., Motions due by 1/10/2022., Responses due by 2/21/2022, Replies due by 2/28/2022.) (Signed by Judge Lorna G. Schofield on 8/11/2021) (cf)
August 10, 2021 Opinion or Order Filing 56 JOINT LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated August 10, 2021 re: next steps and proposed schedule. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
August 5, 2021 Opinion or Order Filing 55 INTERNET CITATION NOTE: Material from decision with Internet citation re: #53 Memorandum & Opinion. (sjo)
August 2, 2021 Opinion or Order Filing 54 ORDER: WHEREAS, the Opinion and Order dated July 30, 2021, granted in part and denied in part Defendants' motion to dismiss and denied Plaintiff's motion for a preliminary injunction. WHEREAS, certain of Plaintiff's claims remain. It is hereby ORDERED that the parties shall file a joint letter by August 10, 2021, proposing next steps in this action. Plaintiff shall specify whether it believes any discovery beyond the production of the administrative record is necessary. The parties shall state whether they would like a referral to a Magistrate Judge or court appointed mediator for a settlement conference. (Signed by Judge Lorna G. Schofield on 8/2/2021) (vfr)
July 30, 2021 Opinion or Order Filing 53 OPINION AND ORDER: re: #31 MOTION to Dismiss Amended Complaint. filed by Andrew R. Wheeler, United States Environmental Protection Agency, #23 MOTION for Preliminary Injunction . filed by Tzumi Innovations, LLC. For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART, and Plaintiff's motion for a preliminary injunction is DENIED. Counts II (Violation of the APA for Alleged Change in Regulatory Position), III (Violation of the APA for Unlawful Rulemaking) and IV (Violation of Executive Order 13892) are DISMISSED. For clarity, the following claims survive: Count I (Violation of the APA for finding the Product is a pesticide and EPA's recall demand), Count V (Declaratory Judgment -- Violation of FIFRA) and Count VI (Declaratory Judgment -- Violation of Due Process). Plaintiff's motion for a preliminary injunction is DENIED. The Clerk of Court is respectfully directed to close Dkt. Nos. 23 & 31. (Signed by Judge Lorna G. Schofield on 7/30/2021) (ate)
June 28, 2021 Opinion or Order Filing 52 JOINT LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated June 28, 2021 re: status update. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
June 21, 2021 Opinion or Order Filing 51 ORDER: It is hereby ORDERED that Plaintiff and Defendants shall file a joint status update by June 28, 2021, providing (1) an estimate of how many units of the "Wipe Out!" product bearing the old label are available on store shelves and (2) an update on the status of Defendants' investigation into the Wipe Out! product. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/21/2021) (cf)
May 21, 2021 Opinion or Order Filing 50 LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated May 21, 2021 re: status update with respect to EPA's investigation into Tzumi's Wipe Out! product. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
May 19, 2021 Opinion or Order Filing 49 LETTER addressed to Judge Lorna G. Schofield from Mark S. Olinsky dated May 19, 2021 re: Update on how many units of the Wipe Out! product bearing the old label are available. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
May 12, 2021 Opinion or Order Filing 48 ORDER: It is hereby ORDERED that Plaintiff shall file a status update by May 19, 2021, providing an estimate of how many, if any, units of the Wipe Out! product bearing the old label are available on store shelves or in Plaintiffs possession. It is further ORDERED that Defendants shall file a status update by May 21, 2021, providing an update on the status of their investigation into the "Wipe Out!" product. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/12/2021) (cf)
April 5, 2021 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: #45 Letter, filed by Andrew R. Wheeler, United States Environmental Protection Agency. ENDORSEMENT: Any discovery is stayed sine die. The reference in Dkt. No. 46 to a Case Management Plan should be disregarded. (Signed by Judge Lorna G. Schofield on 4/5/2021) (cf)
April 2, 2021 Opinion or Order Filing 46 ORDER: It is hereby ORDERED that the April 8, 2021, initial pretrial conference is cancelled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/2/2021) (cf)
April 1, 2021 Opinion or Order Filing 45 JOINT LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated April 1, 2021 re: pre-conference submission. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order).(Rovner, Allison)
March 31, 2021 Opinion or Order Filing 44 ORDER denying #43 Letter Motion to Adjourn Conference. The parties' application is DENIED. The parties shall submit a joint Proposed Civil Case Management Plan and Scheduling Order and joint letter by April 1, 2021, in accordance with the Order dated January 26, 2021 (Dkt. No. 29). (Signed by Judge Lorna G. Schofield on 3/31/2021) (cf)
March 30, 2021 Opinion or Order Filing 43 LETTER MOTION to Adjourn Conference and extend time to file pre-conference submission addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated March 30, 2021. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
March 4, 2021 Opinion or Order Filing 42 LETTER addressed to Judge Lorna G. Schofield from Mark S. Olinsky dated March 4, 2021 re: Response to EPA's March 1, 2021 Supplemental Submission. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
March 1, 2021 Opinion or Order Filing 41 LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated March 1, 2021 re: clarifying argument made in support of Government's motion to dismiss. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
February 24, 2021 Opinion or Order Filing 40 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss Amended Complaint. . Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
February 17, 2021 Opinion or Order Filing 39 REPLY AFFIRMATION of Isaac Saka in Support re: #23 MOTION for Preliminary Injunction .. Document filed by Tzumi Innovations, LLC. (Attachments: #1 Exhibit 1).(Olinsky, Mark)
February 17, 2021 Opinion or Order Filing 38 REPLY AFFIRMATION of Thomas H. Prol in Support re: #23 MOTION for Preliminary Injunction .. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
February 17, 2021 Opinion or Order Filing 37 REPLY AFFIRMATION of Sarah T. Vater, Ph.D in Support re: #23 MOTION for Preliminary Injunction .. Document filed by Tzumi Innovations, LLC. (Attachments: #1 Exhibit 1).(Olinsky, Mark)
February 17, 2021 Opinion or Order Filing 36 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION for Preliminary Injunction . And in Opposition to Defendants' Motion to Dismiss. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
February 3, 2021 Opinion or Order Filing 35 DECLARATION of Allison Rovner in Opposition re: #23 MOTION for Preliminary Injunction .. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (Attachments: #1 Exhibit A).(Rovner, Allison)
February 3, 2021 Opinion or Order Filing 34 DECLARATION of Jeannie Yu in Opposition re: #23 MOTION for Preliminary Injunction .. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (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).(Rovner, Allison)
February 3, 2021 Opinion or Order Filing 33 DECLARATION of Kristen Ridarick in Opposition re: #23 MOTION for Preliminary Injunction .. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler. (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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18).(Rovner, Allison)
February 3, 2021 Opinion or Order Filing 32 MEMORANDUM OF LAW in Opposition re: #23 MOTION for Preliminary Injunction . and in Support of Government's Motion to Dismiss (ECF No. 31). Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
February 3, 2021 Opinion or Order Filing 31 MOTION to Dismiss Amended Complaint. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
January 27, 2021 Opinion or Order Filing 30 ORDER granting in part and denying in part #28 Letter Motion for Extension of Time. The application is GRANTED in part. Both parties shall receive an additional eight pages for their briefing, bringing each party's total number of allocable pages to forty-eight pages. The Government shall also receive a seven day extension of time to file their brief in opposition to Tzumi's motion for preliminary injunction and in support of the Government's motion to dismiss, and the revised schedule is adopted as proposed above. (Signed by Judge Lorna G. Schofield on 1/27/2021) (cf)
January 27, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 2/17/2021 Replies due by 2/24/2021. (cf)
January 26, 2021 Opinion or Order Filing 29 ORDER:This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at April 8, 2021 at 10:50 a.m. The conference will be telephonic. (As further set forth in this Order.) Initial Conference set for 4/8/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/26/2021) (cf)
January 26, 2021 Opinion or Order Filing 28 LETTER MOTION for Extension of Time and additional pages for briefs addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated January 26, 2021. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
January 25, 2021 Opinion or Order Filing 27 FIRST AMENDED COMPLAINT amending #1 Complaint, against United States Environmental Protection Agency, Andrew R. Wheeler.Document filed by Tzumi Innovations, LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Olinsky, Mark)
January 19, 2021 Opinion or Order Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/14/21 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)
January 19, 2021 Opinion or Order Filing 25 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/14/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (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 2/9/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021..(McGuirk, Kelly)
January 15, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION for Preliminary Injunction . . Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
January 15, 2021 Opinion or Order Filing 23 MOTION for Preliminary Injunction . Document filed by Tzumi Innovations, LLC. Return Date set for 2/19/2021 at 10:00 AM..(Olinsky, Mark)
January 15, 2021 Opinion or Order Filing 22 ORDER: ORDERED, by agreement of the parties, that the following briefing schedule shall apply with respect to Tzumi's motion for a preliminary injunction and the Government's motion to dismiss: 1. The Government's opposition to Tzumi's motion and the Government's motion to dismiss shall be filed by: January 27, 2021; 2. Tzumi's reply in support of its motion for a preliminary injunction and response to the Government's motion to dismiss shall be filed by: February 10, 2021; and 3. The Government's reply in support of its motion to dismiss shall be filed by February 17, 2021., ( Motions due by 1/27/2021., Responses due by 2/10/2021, Replies due by 2/17/2021.) (Signed by Judge Lorna G. Schofield on 1/15/2021) (ama)
January 15, 2021 Opinion or Order Filing 21 PROPOSED ORDER. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison) Proposed Order to be reviewed by Clerk's Office staff.
January 15, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km)
January 14, 2021 Opinion or Order Filing 20 ORDER: ORDERED that Plaintiff's emergency application is DENIED. By 10:30 a.m., January 15, 2021, the parties shall file a jointly proposed order setting the agreed-upon terms pending resolution of Plaintiffs motion for preliminary injunction and Defendants' motion to dismiss. For any language that cannot be agreed upon, the parties shall each provide their preferred language in brackets. It is further ORDERED that by January 15, 2021, Plaintiff shall file a formal motion for preliminary injunction ("PI"). Plaintiff may either (i) rely on its previous submissions by referencing in its motion Dkt. Nos. 7 and 8 as its supporting memorandum of law and declaration, respectively, or (ii) file updated submissions on January 15, 2021 (suggested length for the memorandum of law, twenty (20) pages). By January 22, 2021, Defendants shall file their motion to dismiss and memorandum of law in support of their motion to dismiss and in opposition to Plaintiff's PI motion (suggested length thirty (30) pages). The requirement to file a pre-motion letter per Individual Rule III.C.2. is waived. By February 1, 2021, Plaintiff shall file its memorandum of law in opposition to Defendants motion to dismiss and reply in support of its PI motion (suggested length twenty (20) pages). By February 8, 2021, Defendants shall file their reply in support of their motion to dismiss (suggested length ten (10) pages). Each party shall file two memoranda of law in total, which together shall not exceed forty (40) pages. The parties may allocate the number of pages between the two memoranda as they see fit, notwithstanding the above suggestions. The parties shall otherwise comply with the Court's Individual Rules and Emergency Individual Rules in filing their motions and supporting papers., ( Motions due by 1/22/2021., Responses due by 2/1/2021, Replies due by 2/8/2021.) (Signed by Judge Lorna G. Schofield on 1/14/2021) (ama)
January 14, 2021 Opinion or Order Filing 19 LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated January 14, 2021 re: response to Tzumi's January 14, 2021 letter. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
January 14, 2021 Opinion or Order Filing 18 LETTER addressed to Judge Lorna G. Schofield from Gregory E. Reid dated January 14, 2021 re: Tzumi's TRO Application. Document filed by Tzumi Innovations, LLC..(Reid, Gregory)
January 14, 2021 Opinion or Order Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 1/14/2021. (Court Reporter Present) (jcs)
January 11, 2021 Opinion or Order Filing 17 ORDER: It is hereby ORDERED that a telephonic conference will be held on Thursday, January 14, 2021, at 11:30 a.m. on the following conference line: (888) 363-4749, access code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. (As further set forth in this Order.) ( Telephone Conference set for 1/14/2021 at 11:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 1/11/2021) (cf) Modified on 1/11/2021 (cf).
January 8, 2021 Opinion or Order Filing 16 LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated January 8, 2021 re: response to Plaintiff's January 8, 2021 letter. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
January 8, 2021 Opinion or Order Filing 15 LETTER addressed to Judge Lorna G. Schofield from Mark S. Olinsky dated January 8, 2021 re: Court's January 7, 2021 Order. Document filed by Tzumi Innovations, LLC. (Attachments: #1 Exhibit Redline of Proposed Joint Letter).(Olinsky, Mark)
January 8, 2021 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Allison Rovner on behalf of United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
January 8, 2021 Opinion or Order Filing 13 LETTER addressed to Judge Lorna G. Schofield from AUSA Allison Rovner dated January 8, 2021 re: Court's January 7, 2021 order. Document filed by United States Environmental Protection Agency, Andrew R. Wheeler..(Rovner, Allison)
January 7, 2021 Opinion or Order Filing 12 ORDER: WHEREAS, Plaintiffs filed an ex parte motion for emergency temporary restraining order and preliminary injunction (Motion) on January 7, 2021; WHEREAS, Plaintiffs have filed the memorandum of law in support of the order to show cause for temporary restraining order and preliminary injunction (Dkt. No. 8). It is hereby ORDERED that Plaintiffs shall take all steps necessary to effect proper service as required by the Federal Rules of Civil Procedure, or to notify Defendants of the action and request waiver of service. It is further ORDERED that the parties shall meet and confer in an attempt to resolve the matter without Court intervention and shall file a joint letter by noon tomorrow, January 8, 2021, proposing a briefing schedule for the remaining submissions and informing the Court whether the effectiveness of any issuance of a Stop Sale, Use, or Removal Order may be delayed pending resolution of this matter. It is further ORDERED that Plaintiffs shall serve this Order on Defendants through electronic service as soon as possible, and no later than January 7, 2021. (Signed by Judge Lorna G. Schofield on 1/7/2021) (nb)
January 7, 2021 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Gregory Edward Reid on behalf of Tzumi Innovations, LLC..(Reid, Gregory)
January 7, 2021 Opinion or Order Filing 10 ELECTRONIC SUMMONS ISSUED as to United States Environmental Protection Agency..(pc)
January 7, 2021 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to Andrew R. Wheeler..(pc)
January 7, 2021 Opinion or Order Filing 8 MEMORANDUM OF LAW in Support re: #6 Proposed Order to Show Cause With Emergency Relief . Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
January 7, 2021 Opinion or Order Filing 7 DECLARATION of Thomas H. Prol in Support re: #6 Proposed Order to Show Cause With Emergency Relief. Document filed by Tzumi Innovations, LLC. (Attachments: #1 Exhibit Prol Dec. Ex. 1, #2 Exhibit Prol Dec. Ex. 2, #3 Exhibit Prol Dec. Ex. 3, #4 Exhibit Prol Dec. Ex. 4).(Olinsky, Mark)
January 7, 2021 Opinion or Order Filing 6 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Tzumi Innovations, LLC. Related Document Number: #1 ..(Olinsky, Mark) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
January 7, 2021 Opinion or Order Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United States Environmental Protection Agency, re: #1 Complaint,. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
January 7, 2021 Opinion or Order Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Andrew R. Wheeler, re: #1 Complaint,. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
January 7, 2021 Opinion or Order Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tzumi Innovations, LLC..(Olinsky, Mark)
January 7, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Olinsky, Mark)
January 7, 2021 Opinion or Order Filing 1 COMPLAINT against United States Environmental Protection Agency, Andrew R. Wheeler. (Filing Fee $ 402.00, Receipt Number ANYSDC-23395160)Document filed by Tzumi Innovations, LLC. (Attachments: #1 Exhibit Tzumi Compl Ex. 1, #2 Exhibit Tzumi Compl Ex. 2, #3 Exhibit Tzumi Compl Ex. 3, #4 Exhibit Tzumi Compl Ex. 4).(Olinsky, Mark)
January 7, 2021 Opinion or Order 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
January 7, 2021 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #6 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt)
January 7, 2021 Opinion or Order Case Designated ECF. (pc)
January 7, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
January 7, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Steven Olinsky. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (pc)
January 7, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Steven Olinsky. The party information for the following party/parties has been modified: Andrew R. Wheeler. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Tzumi Innovations, LLC v. Wheeler et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Andrew R. Wheeler
Represented By: Allison Rovner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: United States Environmental Protection Agency
Represented By: Allison Rovner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Tzumi Innovations, LLC
Represented By: Mark Steven Olinsky
Represented By: Gregory Edward Reid
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?