United States of America et al v. City of Lakewood, Ohio
| United States of America, The State of Ohio and State of Ohio |
| The City of Lakewood, Ohio and City of Lakewood, Ohio |
| 1:2022cv01964 |
| October 31, 2022 |
| US District Court for the Northern District of Ohio |
| Solomon Oliver |
| Environmental Matters |
| 33 U.S.C. ยง 1319 Clean Water Act |
| None |
Docket Report
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
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Filing 10
Interim Partial Consent Decree. The Effective Date of this Consent Decree shall be the date upon which this Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever occurs first, as recorded on the Court's docket; provided, however, that Lakewood hereby agrees that it shall be bound to perform duties scheduled to occur prior to the Effective Date. The Court shall retain jurisdiction over this case until termination of this Consent Decree, for the purpose of resolving disputes arising under this Decree or entering orders modifying this Decree, pursuant to Sections XI and XVIII, or effectuating or enforcing compliance with the terms of this Decree. Related document #2 . Signed by Judge Solomon Oliver, Jr. on 1/31/2023. (R,Sh)
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Filing 9
Order The court hereby grants the United States' Unopposed Motion for Entry (ECF No. 5), which was lodged with the court on October 31, 2022. No comments were received during the notice and comment period. The courts finds the Consent Decree to be fair, reasonable, and consistent with the public interest. Consequently, the court will execute the document at the space provided on Page 40 of the Consent Decree. The court hereby administratively closes this case with the consent of the parties. Though the parties anticipate the possibility of reaching agreement on additional matters to bring the City into full compliance with the Clean Water Act, it may take 10 years or more for the parties to be in a position to reach further agreement. The court maintains continuous jurisdiction over the case. (Related Doc #5 ). Signed by Judge Solomon Oliver, Jr. on 1/31/2023.(R,Sh)
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Filing 8
Minute Order of Zoom Video Status Conference held on 1/30/2023. In light of the extended period anticipated before the parties will be prepared to reach a final agreement, and the absence of an active role for the court to play in that span, the court finds it most prudent to approve and enter the Decree, and administratively close the case at this time. Pursuant to paragraph 86 of the Decree, the court "shall retain jurisdiction over this case until termination of this Consent Decree, for the purpose of resolving disputes arising under this Decree or entering orders modifying this Decree[.] " (Interim Partial Consent Decree at PageID #60, ECF No. 2-1.) The parties agreed that this language is sufficient to ensure that the court can review and enter the finalized decree or agreement at the appropriate time. Signed by Judge Solomon Oliver, Jr. on 1/31/2023. Time: 1 hour(R,Sh)
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| IMPORTANT: Notice [non-document] of Status Conference set for 1/30/2023 at 03:30 PM to be held by ZOOM video conference (Cleveland) before Judge Solomon Oliver Jr. Video details will be sent separately. (R,Sh) |
| Filing 7 Notice of Substitution of Counsel removing attorney Lawrence S. Helkowski and adding attorney Mark J. Navarre filed by on behalf of State of Ohio. (Navarre, Mark) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for 2/1/2023 at 02:30 PM before Judge Solomon Oliver Jr. To briefly discuss the Unopposed Motion For Entry of Consent Decree. Dial-in information will be issued separately.Related document #5 . (R,Sh) |
| Filing 6 Notice of Substitution of Counsel removing attorney Steven J. Paffilas and adding attorney Elizabeth L. Berry filed by United States of America. (Berry, Elizabeth) |
| Filing 5 Unopposed Motion For Entry of Consent Decree filed by Plaintiff United States of America. Related document(s) #2 . (Attachments: #1 Brief in Support)(McGregor, Alison) |
| Filing 4 Attorney Appearance Ernest E. Vargo, Jennifer L. Swallow & Louis L. McMahon filed on behalf of City of Lakewood, Ohio. (McMahon, Louis) |
| Filing 3 Magistrate Consent Form issued. Summons not provided and was not issued. (H,Ch) |
| Judge Solomon Oliver, Jr assigned to case. (H,Ch) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (H,Ch) |
| Filing 2 Notice of Lodging of Consent Decree filed by United States of America. (Attachments: #1 Interim Consent Decree)(Paffilas, Steven) |
| Filing 1 Complaint against City of Lakewood, Ohio. Filing fee exempt. Filed by United States of America, State of Ohio. (Attachments: #1 Civil Cover Sheet) (Paffilas, Steven) |
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