Seneca Lake Guardian et al v. Greenidge Generation LLC
| Seneca Lake Guardian, Committee to Preserve the Finger Lakes and Sierra Club |
| Greenidge Generation LLC |
| Riverkeeper, Inc. |
| 6:2023cv06063 |
| January 24, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Environmental Matters |
| 33 U.S.C. § 1365 Environmental Matters |
| None |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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Filing 44
JUDGMENT in favor of Greenidge Generation LLC against Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. Signed by Clerk of Court on 8/22/2023. (TF)
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Filing 43
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (ORAL ARGUMENT) held on 07/18/2023, before HONORABLE ELIZABETH A. WOLFORD. Court Reporter Karen J. Clark, RPR, KarenClark1013@AOL.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2023. Redacted Transcript Deadline set for 9/21/2023. Release of Transcript Restriction set for 11/20/2023. (KJC)
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Filing 42
DECISION AND ORDER granting #13 Motion to Dismiss to the extent the complaint is dismissed without prejudice for failure to state a claim; denying as moot #10 Motion for Summary Judgment, #11 Motion to Opt Out of ADR, and #24 Motion for Summary Judgment. Signed by Hon. Elizabeth A. Wolford on 08/21/2023. (CDH)Clerk to Follow up
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Filing 41
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Jill Witkowski Heaps, Esq. and Michael Zaia Youhana, Esq. on behalf of plaintiff; Yvonne E. Hennessey, Esq. with Thomas Paul, Esq. and Danielle Mettler-LaFeir, Esq. on behalf of defendant. Oral Argument re #10 Motion for Summary Judgment, #13 Motion to Dismiss for Lack of Jurisdiction, and #24 Cross-Motion for Summary Judgment held on 7/18/2023. Court reserves decision. (Court Reporter Karen Clark.) (DPS)
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Filing 40
TEXT ORDER. Oral argument on #10 Motion for Summary Judgment, #13 Motion to Dismiss for Lack of Jurisdiction, and #24 Cross-Motion for Summary Judgment is hereby set for July 18, 2023, at 2:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/17/2023. (CDH)
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Filing 39
REPLY to Response to Motion re #24 Cross MOTION for Summary Judgment filed by Greenidge Generation LLC. (Attachments: #1 Affidavit of Dale Irwin, #2 Declaration of Yvonne E Hennessey (Reply), #3 Exhibit A - NYSDEC Divison of Water Technical Guidance 1.2.2, #4 Exhibit B - Jan 13, 2023 NYSDEC Letter Request, #5 Exhibit C - April 13, 2023 Greenidge Submission, #6 Exhibit D - NYSDEC SPDES Presentation, #7 Statement of Undisputed Facts Reply to Plaintiffs' Response)(Hennessey, Yvonne)
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Filing 38
REPLY/RESPONSE to re #36 Memorandum in Opposition to Motion for Leave to File Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by Riverkeeper, Inc. filed by Riverkeeper, Inc.. (Connolly, Kim)
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Filing 37
REPLY to Response to Motion re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Greenidge Generation LLC. (Hennessey, Yvonne)
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Filing 36
MEMORANDUM in Opposition re #29 First MOTION for Leave to File Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by Riverkeeper, Inc. filed by Greenidge Generation LLC. (Hennessey, Yvonne)
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Filing 35
REPLY/RESPONSE to re #24 Cross MOTION for Summary Judgment , #25 Response in Opposition to Motion, filed by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Response to Defendant's Statement of Facts, #2 Declaration of Jill Heaps, #3 Exhibit 1 EPA R2 PQR NY 2012, #4 Exhibit 2 DEC SPDES Permit Program, #5 Exhibit 3 DEC Application Forms)(Heaps, Jill)
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ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM)
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Filing 34
REPLY to Response to Motion re #11 MOTION to Opt Out of ADR filed by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Declaration of Jill Heaps)(Heaps, Jill)
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Filing 33
TEXT ORDER. As agreed to by the parties in their Joint Proposed Briefing Schedule (Dkt. 32), the following deadlines are hereby set with respect to the pending motions. Plaintiffs' reply in further support of its Motion to Opt out of ADR (Dkt. 11) shall be due on or before April 5, 2023. Plaintiffs' combined response/reply in opposition to Defendant's cross-motion for summary judgment (Dkt. 24) and in further support of Plaintiffs' motion for summary judgment (Dkt. 10) shall be due on or before April 20, 2023. Defendant's reply in further support of its motion to dismiss (Dkt. 13) shall be filed on or before April 20, 2023. Defendant's reply in further support of its cross-motion for summary judgment (Dkt. 24) shall be due on or before May 5, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/30/2023. (CAL)
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Filing 32
Letter filed by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club as to Greenidge Generation LLC Joint Proposed Briefing Schedule. (Heaps, Jill)
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Filing 31
TEXT ORDER granting #29 Motion for Leave to File Amicus Curiae in Support of Plaintiffs' Motion for Summary Judgment, filed by Riverkeeper, Inc. The Court grants Riverkeeper, Inc.'s request for leave to file an amicus brief in support of Plaintiffs. Riverkeeper, Inc.'s amicus brief filed at Docket 30 is deemed filed as of today, March 28, 2023. Responses are due on or before April 20, 2023. Replies are due on or before May 4, 2023. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/28/2023. (CAL)
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E-Filing Notification: Documents #27 and #28 Filed in error re #27 First MOTION for Leave to File Amicus Curiae and #28 MEMORANDUM/BRIEF Amicus Curiae. REPLACED with corrected filings re #29 First MOTION for Leave to File Amicus Curiae and #30 MEMORANDUM/BRIEF Amicus Curiae. Clerk to term motion #27 . (TF)
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Filing 30
MEMORANDUM/BRIEF Amicus Curiae by Riverkeeper, Inc.. (Connolly, Kim)
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Filing 29
First MOTION for Leave to File Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by Riverkeeper, Inc. by Riverkeeper, Inc.. (Attachments: #1 Memorandum in Support)(Connolly, Kim)
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Filing 28
Disregard as filed in error - MEMORANDUM/BRIEF Amicus Curiae by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Connolly, Kim) Modified on 3/28/2023 (TF).
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Filing 27
Disregard as filed in error - First MOTION for Leave to File Amicus Curiae in Support of Plaintiff's Motion for Summary Judgment by Riverkeeper, Inc. by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Memorandum in Support)(Connolly, Kim) Modified on 3/28/2023 (TF).
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Filing 26
TEXT ORDER re #24 Cross-Motion for Summary Judgment. Responses are due on or before April 20, 2023; Replies are due on or before May 4, 2023. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/23/2023. (CAL)
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Filing 25
RESPONSE in Opposition re #10 MOTION for Summary Judgment filed by Greenidge Generation LLC. (Attachments: #1 Declaration of Yvonne E. Hennessey, #2 Exhibit 1 - NYSDEC Affidavits, #3 Exhibit 2 - SPDES Fact Sheets, #4 Exhibit 3 - NYSDEC November 9, 2021 Correspondence, #5 Exhibit 4 - SPDES Renewal Application, #6 Exhibit 5 - NYSDEC March 28, 2022 Decision, #7 Memorandum in Support)(Hennessey, Yvonne)
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Filing 24
Cross MOTION for Summary Judgment by Greenidge Generation LLC. (Attachments: #1 Statement of Undisputed Facts, #2 Declaration of Yvonne E. Hennessey, #3 Exhibit 1 - NYSDEC Affidavits, #4 Exhibit 2 - SPDES Fact Sheet, #5 Exhibit 3 - NYSDEC November 9, 2021 Correspondence, #6 Exhibit 4 - SPDES Renewal Application, #7 Exhibit 5 - NYSDEC March 28, 2022 Decision, #8 Memorandum in Support)(Hennessey, Yvonne)
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Filing 23
MEMORANDUM in Opposition re #13 MOTION to Dismiss for Lack of Jurisdiction filed by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Declaration of Jill Heaps)(Heaps, Jill)
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Filing 22
TEXT ORDER denying #18 Motion to Stay Plaintiffs' Motion for Summary Judgment. On February 22, 2023, Defendant filed a letter motion, requesting that the Court stay briefing on Plaintiffs' Motion for Summary Judgment (Dkt. 10) pending resolution of its Motion to Dismiss for lack of jurisdiction (Dkt. 13). In support of its request, Defendant contends that subject matter jurisdiction is a threshold issue, and therefore it would be appropriate to defer briefing on Plaintiffs' Motion for Summary Judgment until the Court has rendered a decision on Defendant's Motion to Dismiss, and that it would be unduly burdensome for Defendant to respond to Plaintiffs' Motion for Summary Judgment, given the jurisdictional issues. (See Dkt. 18 at 1).Defendant's request for a stay is denied. As an initial matter, Defendant failed to file a Notice of Motion, which is required by Rule 7(a)(1) of this Court's Local Rules of Civil Procedure, in connection with its Motion to Stay. Further, Defendant has failed to demonstrate why a stay would be necessary in this case, or that Plaintiffs' Motion for Summary Judgment was otherwise improperly filed. The Court may simultaneously assess both the arguments raised by Plaintiffs in their Motion for Summary Judgment, and the arguments raised by Defendant in connection with its Motion to Dismiss, and often assessing such motions together is a more efficient use of judicial resources. The fact that Defendant believes it would be unduly burdened by having to respond to Plaintiffs' Motion for Summary Judgment does not entitle it to a stay. Accordingly, Defendant's Motion to Stay (Dkt. 18) is denied.Further, the Court notes that Defendant has filed an amended notice of motion for its Motion to Dismiss, in which it now seeks to file reply papers. (See Dkt. 19). Accordingly, Defendant's reply in further support of its Motion to Dismiss shall be filed on or before April 5, 2023.SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/01/2023. (CAL)
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Filing 21
RESPONSE to Motion re #11 MOTION to Opt Out of ADR filed by Greenidge Generation LLC. (Attachments: #1 Exhibit A - Plaintiffs' February 10, 2023 Letter, #2 Exhibit B - Greenidge's February 15, 2023 Letter)(Hennessey, Yvonne)
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Filing 20
RESPONSE in Opposition re #18 MOTION to Stay Plaintiffs' Motion for Summary Judgment filed by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Declaration of Michael Youhana)(Youhana, Michael)
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Filing 19
AMENDED DOCUMENT by Greenidge Generation LLC. Amendment to #13 MOTION to Dismiss for Lack of Jurisdiction . (Hennessey, Yvonne)
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Filing 18
MOTION to Stay Plaintiffs' Motion for Summary Judgment by Greenidge Generation LLC.(Hennessey, Yvonne)
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Filing 17
Letter filed by Greenidge Generation LLC as to Greenidge Generation LLC requesting a stay of Plaintiffs Motion for Summary Judgment (Dkt. 10). (Hennessey, Yvonne)
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Filing 16
TEXT ORDER re #13 Motion to Dismiss, filed by Defendant. Responses are due on or before March 22, 2023. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/22/2023. (CAL)
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Filing 15
TEXT ORDER re #10 Motion for Summary Judgment and #11 Motion to Opt Out of ADR, filed by Plaintiffs. Responses are due on or before March 22, 2023; Replies are due on or before April 5, 2023. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/22/2023. (CAL)
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E-Filing Notification: RE #17 Letter filed by Greenidge Generation LLC as to Greenidge Generation LLC requesting a stay of Plaintiffs Motion for Summary Judgment. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (TF)
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Filing 14
Corporate Disclosure Statement by Greenidge Generation LLC identifying Corporate Parent Greenidge Generation Holdings LLC, Corporate Parent Greenidge Generation Holdings Inc. for Greenidge Generation LLC.. (Hennessey, Yvonne)
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Filing 13
MOTION to Dismiss for Lack of Jurisdiction by Greenidge Generation LLC. (Attachments: #1 Memorandum in Support, #2 Declaration of Yvonne E. Hennessey, #3 Exhibit A - NYSDEC Decision, #4 Exhibit B - September 27, 2022 Fact Sheet, #5 Exhibit C - Yates County Decision and Order)(Hennessey, Yvonne)
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Filing 12
CERTIFICATE OF SERVICE by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club re #11 MOTION to Opt Out of ADR , #10 MOTION for Summary Judgment (Heaps, Jill)
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Filing 11
MOTION to Opt Out of ADR by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Declaration of Jill Heaps)(Heaps, Jill)
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Filing 10
MOTION for Summary Judgment by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Statement of Undisputed Facts, #2 Appendix to Statement of Material Facts, #3 Memorandum in Support, #4 Declaration of Jill Heaps, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21)(Heaps, Jill)
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Filing 9
TEXT ORDER granting #6 motion to appear pro hac vice as to Michael Zaia Youhana. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/02/2023. (CAL)Clerk to Follow up
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Filing 8
AFFIDAVIT of Service for Summons and Complaint served on Greenidge Generation LLC on 01/30/2023, filed by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Heaps, Jill)
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Filing 7
CONTINUATION OF EXHIBITS Pro Hac Vice Application Forms. (Attachments: #1 Civility Principles and Guidelines Oath Signature Page)(Heaps, Jill)
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E-Filing Notification: #6 MOTION to appear pro hac vice. ACTION REQUIRED: s/ signatures are not valid until an attorney has been granted admission and is registered with the court. Refile the Civility Principles Oath and the Attorney Database Registration Form with wet signatures using docketing event: Continuation of Exhibits. (DDS)
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Filing 6
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4779458.) by Committee to Preserve the Finger Lakes, Seneca Lake Guardian, Sierra Club. (Attachments: #1 Admission Petition Form, #2 Affidavit Admission Sponsor Affidavit, #3 Attorney's Oath, #4 Civility Principles Oath, #5 ECF Registration)(Heaps, Jill)
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Filing 5
Summons Issued as to Greenidge Generation LLC. (TMK)
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E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. #3 MOTION for Disclosure , #2 MOTION for Disclosure , #4 MOTION for Disclosure. (TF)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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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)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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Filing 4
Corporate Disclosure Statement by Sierra Club.(Heaps, Jill) Modified on 1/25/2023 (TF).
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Filing 3
Corporate Disclosure Statement by Seneca Lake Guardian.(Heaps, Jill) Modified on 1/25/2023 (TF).
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Filing 2
Corporate Disclosure Statement by Committee to Preserve the Finger Lakes.(Heaps, Jill) Modified on 1/25/2023 (TF).
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Filing 1
COMPLAINT against Greenidge Generation LLC $ 402 receipt number ANYWDC-4777960, filed by Seneca Lake Guardian, Sierra Club, Committee to Preserve the Finger Lakes. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons)(Heaps, Jill)
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