Newhouse et al v. United State Environmental Protection Agency et al
| Carolyn Newhouse and James Newhouse |
| United State Environmental Protection Agency, United States Department of Homeland Security - United States Coast Guard, United States Department of Homeland Security-USCG National Pollution Funds Center and United States Department of Treasury |
| 1:2022cv00087 |
| January 31, 2022 |
| US District Court for the Western District of New York |
| Michael J Roemer |
| Lawrence J Vilardo |
| Environmental Matters |
| 28 U.S.C. § 2201 Declaratory Judgement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 Joint MOTION to Stay for 90 days by United State Environmental Protection Agency, United States Department of Homeland Security - United States Coast Guard, United States Department of Homeland Security-USCG National Pollution Funds Center, United States Department of Treasury. (Attachments: #1 Certificate of Service)(Gange, Heather) |
| Filing 10 TEXT REFERRAL ORDER - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/28/2022. (CMD) |
| Filing 9 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 3/28/2022. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Attorney Kolaga reported parties have had preliminary settlement discussions, and requests 90 days to discuss settlement possibilities with a mediator. Attorney Gange agrees, and requests matter be stayed for 90 days. Court will assign a Magistrate Judge as stated on the record, and directs parties to submit a joint stipulation staying case for 90 days for Court's consideration. Appearances by AT&T Teleconference. For plaintiffs: John T. Kolaga. For defendants: Heather E. Gange, Sr. Trial Attorney. (Court Reporter Ann M. Sawyer.) (CMD) |
| Filing 8 Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 2/24/2022. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Attorney Kolaga reported on collection of debt against his clients. Attorney Gange just received case a couple of days ago, and has worked out agreement with Department of Treasury and Coast Guard to suspend collection efforts against plaintiffs for duration of case. Defendants answer due 60 days after service. Court denied motion for expedited schedule as moot based on agreement reached. Virtual report back status conference set for 3/28/2022 at 9:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. Appearances by AT&T Teleconference. For plaintiffs: John T. Kolaga. For defendants: Heather E. Gange, Sr. Trial Attorney. (Court Reporter Recorded by AT&T Teleconference.) (CMD) |
| Filing 7 AFFIDAVIT in Support re #4 MOTION for Preliminary Injunction Expedited Return Date, and Permanent Injunction MOTION for Permanent Injunction Corrected Affidavit of John Kolaga filed by Carolyn Newhouse, James Newhouse. (Kolaga, John) |
| Filing 6 NOTICE of Appearance by Heather E. Gange on behalf of United State Environmental Protection Agency, United States Department of Homeland Security - United States Coast Guard, United States Department of Homeland Security-USCG National Pollution Funds Center, United States Department of Treasury (Attachments: #1 Certificate of Service)(Gange, Heather) |
Filing 5
TEXT ORDER re #4 MOTION for Preliminary Injunction Expedited Return Date, and Permanent Injunction filed by James Newhouse, Carolyn Newhouse. Status Conference set for 2/24/2022 at 8:30 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/22/2022. (CMD)
|
| Filing 4 MOTION for Preliminary Injunction Expedited Return Date, and Permanent Injunction by Carolyn Newhouse, James Newhouse. (Attachments: #1 Affidavit of John T. Kolaga, Esq. in Support of Motion for Expedited Return Date, Preliminary and Permanent Injunction, #2 Affidavit of James Newhouse in Support of Motion for Expedited Return Date, Preliminary and Permanent Injunction, #3 Affidavit of Carolyn Newhouse in Support of Motion for Expedited Return Date, Preliminary and Permanent Injunction, #4 Exhibit A-K of Carolyn Newhouse Affidavit, #5 Exhibit L-V of Carolyn Newhouse Affidavit, #6 Memorandum in Support with Attached Ex. A, #7 List of Witnesses & Exhibits to be Presented at Preliminary Injunction Hearing, #8 Proposed Order Granting Expedited Return Date on Plaintiff's Application for Preliminary Injunction, #9 Proposed Order Granting Plaintiff's Application for Preliminary Injunction)(Kolaga, John). Added MOTION for Permanent Injunction on 2/23/2022 (JLV). |
| Filing 3 SUMMONS Returned Executed by Carolyn Newhouse, James Newhouse. United State Environmental Protection Agency served on 2/14/2022, answer due 3/7/2022; United States Department of Homeland Security - United States Coast Guard served on 2/10/2022, answer due 3/3/2022; United States Department of Homeland Security-USCG National Pollution Funds Center served on 2/10/2022, answer due 3/3/2022; United States Department of Treasury served on 2/14/2022, answer due 3/7/2022. (Attachments: #1 Proof of Service - United States Environmental Protection Agency, #2 Proof of Service - United States Department of Homeland Security - USCG National Pollution Funds Center, #3 Proof of Service - United States Department of Homeland Security - United States Coastguard)(Kolaga, John) |
| Filing 2 Summons Issued as to United State Environmental Protection Agency, United States Department of Homeland Security - United States Coast Guard, United States Department of Homeland Security-USCG National Pollution Funds Center, United States Department of Treasury. (TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| Filing 1 COMPLAINT Verified against All Defendants $ 402 receipt number ANYWDC-4489150, filed by Carolyn Newhouse, James Newhouse. (Attachments: #1 Exhibit A-F to Verified Complaint, #2 Exhibit G-M to Verified Complaint, #3 Exhibit N-R to Verified Complaint, #4 Exhibit S to Verified Complaint, #5 Exhibit T-V to Verified Complaint, #6 Exhibit W-AA to Verified Complaint, #7 Summons - US Department Environmental Protection Agency, #8 Summons - US Department of Homeland Security - US Coast Guard, #9 Summons - US Department of Homeland Security - USCG Pollution Funds Center, #10 Summons - US Department of Treasury, #11 Civil Cover Sheet)(Kolaga, John) |
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 Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
