State of New York et al v. U.S. Department of the Interior et al
| State of Minnesota, State of Maryland, State of Illinois, State of Connecticut, State of New Mexico, Commonwealth of Pennsylvania, State of New York, Commonwealth of Massachusetts, State of Washington, State of New Jersey, State of Oregon and State of California |
| U.S. Department of the Interior and U.S. Fish and Wildlife Service |
| 1:2021cv00452 |
| January 19, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 22 LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated 3/19/2021., LETTER MOTION for Extension of Time to File Answer re: (1 in 1:21-cv-00448-VEC) Complaint, (1 in 1:21-cv-00452-VEC) Complaint, addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated 3/19/2021., LETTER MOTION for Extension of Time to File Case Management Plan and Joint Letter addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated 3/19/2021. Document filed by U.S. Department of the Interior, U.S. Fish and Wildlife Service, U.S. Department of the Interior, U.S. Fish and Wildlife Service.Filed In Associated Cases: 1:21-cv-00448-VEC, 1:21-cv-00452-VEC.(Onozawa, Tomoko) |
Filing 21
MEMO ENDORSEMENT: on re: (29 in 1:21-cv-00448-VEC) Letter, filed by Natural Resources Defense Council, Inc., National Wildlife Federation, Sierra Club, Center For Biological Diversity, American Bird Conservancy, National Audubon Society, Defenders of Wildlife. ENDORSEMENT: Because these cases involve common questions of law and fact, and because the parties do not oppose consolidation, the Court consolidates the actions pursuant to Rule 42(a)(2). The Court denies without prejudice the States' request that they be allowed to submit separate briefs in connection with further motion practice in the consolidated case. Whether separate briefs will be appropriate will depend on the type of briefing at issue, the degree to which Plaintiffs' positions vary, and the extent to which Plaintiffs' concerns regarding consolidated briefing can be alleviated through other accommodations. The States are instructed to renew their request for separate briefing to the extent they deem it necessary in connection with a given motion. The Clerk of Court is respectfully directed to consolidate these two cases under docket number 21-CV-448 and to close 21-CV-452. All further submissions in this now-consolidated case must be filed under docket number 21-CV-448. All parties are instructed to join the April 2, 2021 IPTC at 10:30a.m. As a reminder, the parties may dial-in to the teleconference using 888- 363-4749, Access code 3121171#, Security code 0448. The parties' joint letter and proposed Case Management Plan are due no later than March 25, 2021. SO ORDERED., ( Initial Conference set for 4/2/2021 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/15/2021) Filed In Associated Cases: 1:21-cv-00448-VEC, 1:21-cv-00452-VEC (ama)
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| CONSOLIDATED MEMBER CASE: Create association to 1:21-cv-00448-VEC.. (ama) |
| Filing 20 NOTICE OF APPEARANCE by Andrew Jon Gershon on behalf of State of New York..(Gershon, Andrew) |
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Filing 19
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on April 2, 2021 at 10:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 0448. Counsel should submit their proposed case management plan and joint letter as outlined below. This Court encourages plaintiffs to serve defendants promptly. The parties are directed to submit a joint letter of no more than five pages by March 25, 2021, addressing the following in separate paragraphs: as set forth herein. SO ORDERED. Initial Conference set for 4/2/2021 at 10:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/03/2021) (ama)
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Filing 18
ORDER: IT IS HEREBY ORDERED that no later than February 17, 2021, each group of parties-that is, the Audubon Plaintiffs, the States, and Defendants-must file a letter setting forth that group's position on whether these cases ought to be consolidated under Fed. R. Civ. P. 42(a)(2). To the extent the parties (or any portion of them) are in agreement on their response to this order, they are welcome to file a joint letter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/03/2021) (ama)
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| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-04596-VEC. Notice of Assignment to follow. (ad) |
| Magistrate Judge Barbara C. Moses is so redesignated. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Ronnie Abrams is no longer assigned to the case. (ad) |
| Filing 17 NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of U.S. Department of the Interior, U.S. Fish and Wildlife Service..(Onozawa, Tomoko) |
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Filing 16
ORDER granting #14 Motion for Paul Garrahan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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Filing 15
ORDER granting #13 Motion for Steven Novick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Steven Novick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23752831. Motion and supporting papers to be reviewed by Clerk's Office staff., #14 MOTION for Paul Garrahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23755765. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 14 MOTION for Paul Garrahan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23755765. 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).(Garrahan, Paul) |
| Filing 13 MOTION for Steven Novick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23752831. 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) |
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Filing 12
ORDER granting #11 Motion for Tania Maestas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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| Filing 11 MOTION for Tania Maestas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23717079. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by State of New Mexico. (Attachments: #1 Exhibit New Mexico Certificate of Good Standing, #2 Exhibit New York Certificate of Good Standing, #3 Affidavit, #4 Text of Proposed Order).(Maestas, Tania) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Tania Maestas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23717079. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 10 LETTER addressed to Judge Ronnie Abrams from Matthew Eisenson dated 1/22/2021 re: Related Cases. Document filed by State of New York. (Attachments: #1 NGO Complaint, #2 District Court's Decision Granting Summary Judgment to Plaintiffs in Earlier Filed Action).(Eisenson, Matthew) |
| Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint,. U.S. Department of the Interior served on 1/21/2021, answer due 3/22/2021; U.S. Fish and Wildlife Service served on 1/21/2021, answer due 3/22/2021. Service was made by Mail. Document filed by Commonwealth of Massachusetts; Commonwealth of Pennsylvania; State of Connecticut; State of Minnesota; State of New Mexico; State of Washington; State of California; State of New Jersey; State of New York; State of Illinois; State of Oregon; State of Maryland..(Eisenson, Matthew) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to U.S. Fish and Wildlife Service..(pc) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Interior..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Benjamin Eisenson. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331. (pc) Modified on 1/20/2021 (pc). |
| Magistrate Judge Robert W. Lehrburger 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) |
| Filing 6 NOTICE OF APPEARANCE by Aimee D. Thomson on behalf of Commonwealth of Pennsylvania..(Thomson, Aimee) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Fish and Wildlife Service, re: #1 Complaint,. Document filed by Commonwealth of Massachusetts, Commonwealth of Pennsylvania, State of California, State of Connecticut, State of Illinois, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Washington. (Attachments: #1 List of Attorneys for Plaintiff States).(Eisenson, Matthew) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Interior, re: #1 Complaint,. Document filed by Commonwealth of Massachusetts, Commonwealth of Pennsylvania, State of California, State of Connecticut, State of Illinois, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Washington. (Attachments: #1 List of Attorneys for Plaintiff States).(Eisenson, Matthew) |
| Filing 3 RELATED CASE AFFIRMATION of Matthew Eisenson re: that this action be filed as related to 18-cv-4596 (VEC). Document filed by Commonwealth of Massachusetts, Commonwealth of Pennsylvania, State of California, State of Connecticut, State of Illinois, State of Maryland, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Washington..(Eisenson, Matthew) |
| Filing 2 CIVIL COVER SHEET filed..(Eisenson, Matthew) |
| Filing 1 COMPLAINT against U.S. Department of the Interior, U.S. Fish and Wildlife Service. (Filing Fee $ 402.00, Receipt Number ANYSDC-23572436)Document filed by Commonwealth of Massachusetts, Commonwealth of Pennsylvania, State of Connecticut, State of Minnesota, State of New Mexico, State of Washington, State of California, State of New Jersey, State of New York, State of Illinois, State of Oregon, State of Maryland..(Eisenson, Matthew) |
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