Connecticut Fund for the Environment, Inc. d/b/a Save the Sound v. Westchester County, New York
Plaintiff: Connecticut Fund for the Environment, Inc.
Defendant: Westchester County, New York
Case Number: 7:2015cv06323
Filed: August 11, 2015
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: XX Out of State
Presiding Judge: Cathy Seibel
Nature of Suit: Environmental Matters
Cause of Action: 33 U.S.C. ยง 1365
Jury Demanded By: Plaintiff
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Date Filed Document Text
April 24, 2024 Opinion or Order Filing 291 AMENDED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT VILLAGE OF MAMARONECK: IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: As further set forth by this Order. 12. Environmental Benefit Payment . Mamaroneck shall pay $350,000 to the Westchester County Soil and Water Conservation District ("EBP Recipient") all of which shall be for use on projects relating to the reduction, mitigation, and/or remediation of pollution or of the effects of pollution in the Long Island Sounds and its tributary waters in or near the waters adjacent to Mamaroneck. The payment will be placed in escrow with Mamaroneck's attorney within thirty (30) days of the Parties' executi on of this Order and will be transferred to the EBP Recipient on or before the 7th day after the Effective Date of this Order. None of this payment shall be disbursed to Plaintiffs. If, for any reason, the Westchester County Soil and Water Conse rvation District should decline to receive the Environmental Benefit Payment, the Parties agree to continue negotiations in good faith to agree upon a substitute EBP Recipient. Fees, Costs, and Expenses. Mamaroneck shall pay a sum of $150 ,000 as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs, against Mamaroneck. The payment will be placed in escrow with Mamaroneck's atto rney within thirty (30) days of the Parties' execution of this Order and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date of this Order. The check shall be payable to "Super Law Group, LLC - IOLA Attorney Trust Account". Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs. Compliance Monitoring Fees - Legal. As reimbursement for Plaintiffs' future legal and administrative fees and costs that will be incurred in order to monitor Mamaroneck's compliance with this Order, Mamaroneck agrees to pay reasonable fees and costs for this work performed by Plaintiffs' counsel and Plaintiffs' st aff, in an amount not to exceed $3,000 in any calendar year until this Order terminates. Fees and costs reimbursable pursuant to this paragraph may include, but are not limited to, those incurred by Plaintiffs or their counsel to conduct site inspections, review of engineering reports, review of annual reports, discussion with representatives of Defendants concerning potential changes to compliance requirements, preparation and participation in mediation or otherwise in con nection with Dispute Resolution (Section XIII), and similar tasks. This cap does not apply if Dispute Resolution leads to the filing of a motion with the Court. Plaintiffs' counsel shall provide an annual invoice, containing itemized desc riptions for any fees and costs claimed over the prior twelve (12) month period. Mamaroneck shall make payment by check, payable to "Super Law Group, LLC - IOLA Attorney Trust Account," within sixty (60) days of receipt of such invo ice. Payments will be deposited in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs. ENTERED. The Clerk of Court is respectfully directed to terminate ECF No. 290. Motions terminated: 290 CONSENT MOTION to Approve Consent Judgment as to Village of Mamaroneck. filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc.. (Signed by Judge Cathy Seibel on 4/24/2024) (tg)
March 8, 2024 Opinion or Order Filing 286 ORDER OF VOLUNTARY DISMISSAL AS TO DEFENDANTS VILLAGE OF LARCHMONT, TOWN OF MAMARONECK, CITY OF NEW ROCHELLE, AND VILLAGE OF PELHAM MANOR: NOW THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS: 1. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil P rocedure, at Plaintiffs' request and upon the consent of the NRSD Defendants, this action is hereby voluntarily dismissed with prejudice as against Defendants Village of Larchmont, Town of Mamaroneck, City of New Rochelle, and Village of Pelh am Manor. 2. The Court does not retain jurisdiction over Defendants Village of Larchmont, Town of Mamaroneck, City of New Rochelle, and Village of Pelham Manor. 3. This order of voluntary dismissal shall have no effect on the action as against any o ther Defendant or the Court's jurisdiction over such other Defendants. The Clerk shall terminate ECF No. 285. So Ordered. Motions terminated: 285 CONSENT MOTION to Dismiss Defendants Village of Larchmont, Town of Mamaroneck, City of N ew Rochelle, and Village of Pelham Manor (the "NRSD Defendants"). filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc., Village of Larchmont, Village of Pelham Manor, City of New Rochelle and Town of Mamaroneck terminated. (Signed by Judge Cathy Seibel on 3/8/2024) (mml)
January 22, 2024 Opinion or Order Filing 280 SECOND AMENDED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT VILLAGE OF PORT CHESTER... IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: This Second Amended Order shall come into effect on the date it is entered by the Court (the "Effective Date"). Port Chester agrees and admits that it has an obligation to comply with the applicable flow limits of the County Sewer Act. Port Chester shall pay a sum of fifteen thousand dollars ($15,000) as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including for monitoring compliance with the prior orders of this Court. Port Chester has placed the payment in escrow with its attorney. Port Chester hereby authorizes and instructions its attorney to transfer the payment to Super Law Group within five (5) business days of the Effective Date by check or electronic transfer. A check shall be payable to "Super Law Group, LLC Attorney Trust - IOLA" and will be deposited in Super Law Group's IOLA Trust Account for the benefit of Plaintiffs. This Second Amended Consent Order shall not constitute an admission of liability or responsibility for an y claims, costs, or damages asserted in the Complaint. This Second Amended Consent Order shall not be useable by any party in any action or proceeding, except in any action or proceeding brought to enforce the terms of this Second Amended Order. Notwithstanding the dismissal of the litigation against Port Chester, the Court shall maintain jurisdiction over Port Chester for the purpose of enforcing the terms of this Second Amended Order. Unless a motion seeking to enforce this order is fi led with the Court on or before March 31, 2024, this Court's jurisdiction over Port Chester for the purpose of enforcing this Second Amended Order shall terminate on April 1, 2024. The Clerk shall terminate ECF No. 278. ENTERED., Motions terminated: 278 CONSENT MOTION to Approve Consent Judgment as to Village of Port Chester (Second Amended). filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc.. (Signed by Judge Cathy Seibel on 1/22/24) (yv)
August 2, 2023 Opinion or Order Filing 265 STIPULATED CONFIDENTIALITY AGREEMENT PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Cathy Seibel on 8/2/2023) (mml)
November 21, 2022 Opinion or Order Filing 238 ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in f rom a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 11/21/2022) (ks)
November 18, 2022 Opinion or Order Filing 237 CONSENT ORDER WITH RESPECT TO DEFENDANT TOWN/VILLAGE OF HARRISON: IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: Environmental Benefit Payment. Harrison shall pay sixty thousand dollars (� 36;60,000) in the form of a certified bank check to the Westchester Soil and Water Conservation District, all of which shall be for use on projects relating to the reduction, mitigation, and/or remediation of the effects of stormwater or sewage over flow pollution on, environmental restoration of, or other environmental benefit to the Long Island Sound watershed in Westchester County. The payment has been placed in escrow with Harrison's attorney and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date. None of this payment shall be disbursed to Plaintiffs. 12. Fees, Costs, and Expenses. Harrison shall pay a sum of one hundred and forty thousand dollars ($140,000) as full and complet e satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs, against Harrison. The payment will be placed in escrow with Harrison's attorney within thirty (30) days of the Parties' execution of this Order and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date of this Order. The check shall be payable to "Super Law Group, LLC." Payments will be deposit ed inSuper Law Group's IOLA Trust Account for the benefit of the Plaintiffs. Compliance Oversight Fees and Costs. Plaintiffs will incur costs in order to monitor Harrison's compliance with this Order, including but not limited to costs incu rred by Plaintiffs or their counsel or consultants to collect or review water quality sampling data, review annual reports, and discuss with Harrisons representatives any potential changes to compliance requirements, preparation and participation in mediation, and similar activities. To help defray these costs, Harrison agrees to pay Plaintiffs' fees and costs in an amount not to exceed six thousand dollars ($6,000) per year and not more than thirty-five thousand dollars ($35,00 0) over the effective period of this Order, from the year of the Order Effective Date to the year of the Termination Date defined above. Plaintiffs, their counsel, or consultants shall issue invoices and statements directly to Harrison that explain the fees and costs charged for this work, and Harrison's payments pursuant to this Paragraph shall be made directly to the invoicing party. Harrison shall have two weeks from the receipt of any such invoice to object to the sum claimed, and if Harrison does not object, shall pay the invoice in a timely fashion. If Harrison objects, the parties shall follow the Dispute Resolution Procedure set forth in this Order. Entry of this Order constitutes Final Judgment under Rule 54 of the Federal Rules ofCivil Procedure. Party Town/Village of Harrison terminated. (Signed by Judge Cathy Seibel on 11/18/2022) (mml)
February 24, 2021 Opinion or Order Filing 192 STIPULATED ORDER WITH RESPECT TO DEFENDANT CITY OF RYE: NOW, THEREFORE, without the trial of any issue of fact or law, without the admission by Defendant of any of the facts or violations alleged in the Complaint, upon consent of the Parties, and upon consideration of the mutual promises contained herein, IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: Consent. For purposes of this Order, or any action to enforce the Order, Rye consents to the Court's jurisdiction over this Order. For purposes of this Order, Rye consents to venue in this judicial district, as further set forth. Environmental Benefit Payment. Rye shall place One Hundred and Fifty Thousand Dollars ($15 0,000) into escrow, all of which shall be for use on a project(s) relating to the reduction, mitigation, and/or remediation of pollution or of the effects of pollution in the Long Island Sound and its tributary waters ("EBP Fund"). Rye shal l work with stuff or with an external consultant to develop the project(s). If Rye uses an external consultant, Rye may draw not more than $5,000 from the EBP Fund to cover the costs of such consulting. Rye shall present the project(s) for appro val to Plaintiffs, which approval shall not be unreasonably withheld provided that the project(s) is additional and restores or protects local waters. If the entire EBP Fund has not been apportioned to approved project(s) within ninety (90) days of the Effective Date, either Party may submit the matter for dispute resolution under Section XV of this Order. 13. Fees, Costs, and Expenses. Rye shall pay a sum of One Hundred and Forty Thousand dollars ($140,000) as full and complete satisfac tion of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs, against Rye. The payment will be placed in escrow with Rye's attorney within thirty (30) days of the Parties' exe cution of this Order and will be transferred to Plaintiffs' attorney on or before the 7th day after the Effective Date of this Order. The check shall be payable to "Super Law Group, LLC Attorney Trust - IOLA". Payments will be deposi ted in Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs, as further set forth in this Order. 65. Entry of this Order constitutes Final Judgment under Rule 54 of the Federal Rules of Civil Procedure. Appendices A-E (within Doc 191) are deemed attached to and incorporated herein. City of Rye terminated. (Signed by Judge Cathy Seibel on 2/24/2021) (mml)
January 19, 2021 Opinion or Order Filing 189 CONSENT DECREE: IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: 1. JURISDICTION AND VENUE 1. Jurisdiction. Jurisdiction over this action is conferred by 28 U.S.C. § 1331 (federal question) , and 33 U.S.C. § 1365(a) (CWA jurisdiction). Plaintiffs have standing and have complied with the statutory notice requirements under the CWA, 33 U.S.C. § 1365(a)(1), and the corresponding regulations at 40 C.F.R. § 135.2. An actual , justiciable controversy exists between the Parties. The requested relief is proper under 28 U.S.C. § § 2201, 2202, and 33 U.S.C. § 1365(a). 2. Venue. Venue is properly vested in this Court pursuant to 33 U.S.C. § 1365(c)(1), b ecause Rye Brook is located, and the events giving rise to this action. occurred, within this judicial district. 3. Consent. For purposes of this Order, or any action to enforce the Order, Rye Brook consents to the Court's jurisdiction over th is Order. For purposes of this Order, Rye Brook consents to venue in this judicial district, as further set forth. Fees, Costs, and Expenses. Rye Brook shall pay a sum of one hundred thousand dollars ($100,000) as full and complete satisfaction of Plaintiffs' claims for attorneys' fees and costs incurred to date, including investigative and expert costs, against Rye Brook. This sum shall be paid in two installments. The first payment of fifty thousand dollars ($50,000) will be placed in escrow with Rye Brook's attorney within thirty (30) days of the Parties' execution of this Order and will be transferred to Plaintiffs' attorney on or before the seventh (7th) day after the Effective Date of this Order. Th e second payment of fifty thousand dollars ($50,000) will be transferred to Plaintiffs' attorney on or before June 30, 2021. The checks shall be payable to "Super Law Group, LLC Attorney Trust - IOLA". Payments will be deposited i n Super Law Group's IOLA Trust Account for the benefit of the Plaintiffs, as further set forth. 60. Entry of this Order constitutes Final Judgment under Rule 54 of the Federal Rules ofCivil Procedure. Village of Rye Brook terminated. Motions t erminated: 188 CONSENT MOTION to Approve Consent Judgment as to Village of Rye Brook filed by Save The Sound, Atlantic Clam Farms of Connecticut, Inc. (Signed by Judge Cathy Seibel on 1/19/2020) (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D Part 1, # 5 Appendix D Part 2). (mml)
April 27, 2020 Opinion or Order Filing 142 AMENDED ORDER OF DISMISSAL WITH RESPECT TO DEFENDANT VILLAGE OF PORT CHESTER: NOW, THEREFORE, without the trial of any issue of fact or law, without the admission by Defendant of any of the facts or violations alleged in the Complaint, upon consent of the Parties, and upon consideration of the mutual promises contained herein, IT IS HEREBY STIPULATED BETWEEN THE PARTIES AND ORDERED, ADJUDGED AND DECREED BY THE COURT AS FOLLOWS: (As further set forth herein this Order.) ENTERED AND DATED THIS 26TH DAY OF April, 2020. (Signed by Judge Cathy Seibel on 4/26/2020) (va)
March 18, 2020 Opinion or Order Filing 132 ORDER: Beginning March 18, 2020, all parties to civil conferences shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 1047966 The parties should call in from a landline and announce their names before speaking. This Order is subject to revocation at any time. SO ORDERED. (Signed by Judge Cathy Seibel on 3/18/2020) (mml)
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Plaintiff: Connecticut Fund for the Environment, Inc.
Represented By: Robert N. Kaplan
Represented By: Richard J. Kilsheimer
Represented By: Edan Rotenberg
Represented By: Reed Wayne Super
Represented By: Victor M. Tafur
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Defendant: Westchester County, New York
Represented By: Justin Richard Adin
Represented By: Carol Fumanti Arcuri
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