Case: United States of America v. State of New York

COMPLAINT against KATHLEEN HOCHUL, Letitia James, Amanda Lefton, STATE OF NEW YORK. Document filed by UNITED STATES OF AMERICA, United States Environmental Protection Agency..(Heminger, Justin) (Entered: 05/01/2025)

CIVIL COVER SHEET filed..(Heminger, Justin) (Entered: 05/01/2025)

STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:25-cv-01738. Document filed by UNITED STATES OF AMERICA, United States Environmental Protection Agency..(Heminger, Justin) (Entered: 05/01/2025)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc)

Case Designated ECF. (pc)

Case Designated ECF

CASE REFERRED TO Judge Mary Kay Vyskocil as possibly related to 25cv1738. (pc)

Case Referred as Possibly Related/Similar

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Justin Heminger. The party information for the following party/parties has been modified: KATHLEEN HOCHUL, Letitia James, Amanda Lefton, STATE OF NEW YORK, UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Justin Heminger. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)

Case Declined as Not Related

CASE DECLINED AS NOT RELATED. Case referred as related to 1:25-cv-01738-MKV and declined by Judge Mary Kay Vyskocil and returned to wheel for assignment. (tro)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Unassigned is no longer assigned to the case..(tro)

Case Designation

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. 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. (tro)

NOTICE OF APPEARANCE by Riley Walters on behalf of United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to State of New York, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kathleen Hochul, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Letitia James, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Amanda Lefton, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Kathleen Hochul, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Amanda Lefton, re: 1 Complaint. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 05/13/2025)

ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/23/2025 at 10:30 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: 1-855-244-8681 Access Code: 2305 810 3970 #. Attention is called to Local Rule 1.8 that prohibits the recording or transmission of any proceeding. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/13/2025) (vfr) (Entered: 05/13/2025)

ELECTRONIC SUMMONS ISSUED as to Amanda Lefton..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Amanda Lefton..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Kathleen Hochul..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Kathleen Hochul..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to Letitia James..(jgo) (Entered: 05/14/2025)

ELECTRONIC SUMMONS ISSUED as to State Of New York..(jgo) (Entered: 05/14/2025)

AFFIDAVIT OF SERVICE. Letitia James served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Kathleen Hochul served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Kathleen Hochul served on 5/20/2025, answer due 6/10/2025. Service was accepted by Amber Schofield (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Amanda Lefton served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. Amanda Lefton served on 5/20/2025, answer due 6/10/2025. Service was accepted by Thomas Richards (Senior Attorney). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

AFFIDAVIT OF SERVICE. State Of New York served on 5/19/2025, answer due 6/9/2025. Service was accepted by Paulina Rubio (Office Assistant). Document filed by United States Of America; United States Environmental Protection Agency..(Walters, Riley) (Entered: 05/23/2025)

NOTICE OF APPEARANCE by Laura Elizabeth Mirman-Heslin on behalf of Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 06/02/2025)

LETTER addressed to Judge P. Kevin Castel from Defendants dated June 3, 2025 re: pre-motion letter advising the Court of Defendants' intent to file a motion to transfer venue and proposing a briefing schedule for that motion and requesting an extension of Defendants' time to answer or otherwise respond to the complaint. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 06/03/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated June 6, 2025 re: Response to Defendants' June 3, 2025 Letter, ECF No. 25. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 06/06/2025)

Notice Regarding Pro Hac Vice Motion

MOTION for Ayah F. Badran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31197634. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York. (Attachments: # 1 Affidavit Declaration of Ayah F. Badran for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing NY, # 3 Proposed Order Proposed Order for Admission Pro Hac Vice).(Badran, Ayah) (Entered: 06/06/2025)

1 Affidavit Declaration of Ayah F. Badran for Admission Pro Hac Vice

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2 Exhibit Certificate of Good Standing NY

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3 Proposed Order Proposed Order for Admission Pro Hac Vice

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Ayah F. Badran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-31197634. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

MEMO ENDORSEMENT on re: 25 Letter, filed by Kathleen Hochul, Letitia James, Amanda Lefton, State Of New York. ENDORSEMENT: Defendants may proceed with the motion to transfer on the proposed schedule. Time to respond to Complaint extended to June 20, 2025. June 23, 2025 is conference is VACATED. All other relief denied. SO ORDERED. Letitia James answer due 6/20/2025; Kathleen Hochul answer due 6/20/2025; Amanda Lefton answer due 6/20/2025; State Of New York answer due 6/20/2025.( Motions due by 6/13/2025., Replies due by 7/28/2025., Responses due by 7/15/2025) (Signed by Judge P. Kevin Castel on 6/6/2025) (vfr) (Entered: 06/06/2025)

ORDER granting 27 Motion for Ayah F. Badran to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 06/09/2025)

Order on Motion to Appear Pro Hac Vice

NOTICE OF APPEARANCE by Ayah Fadi Badran on behalf of Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Badran, Ayah) (Entered: 06/11/2025)

MOTION to Transfer Case to NDNY. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York. (Attachments: # 1 Supplement Memorandum iso State's Motion to Transfer, # 2 Affidavit Declaration of Maureen Leddy iso State's Motion to Transfer).(Badran, Ayah) (Entered: 06/13/2025)

ANSWER to 1 Complaint. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 06/20/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated July 2, 2025 re: Pre-motion letter advising the Court of Plaintiffs' intent to file a motion for summary judgment and proposing a briefing schedule for that motion. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/02/2025)

ORDER: This action was commenced on May 1, 2025. In a letter dated July 2, 2025 (ECF 33), plaintiff seeks to move for summary judgment under Rule 56, Fed. R. Civ. P., before discovery has commenced. A district court is empowered to determine "the appropriateness and timing of summary adjudication under Rule 56" under the authority of Rule 16(c)(2)(E). Pursuant to that authority, plaintiff is directed to respond by July 10, 2025 (in a filing on ECF) to the following inquires, as further set forth in this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/2/2025) (vfr) (Entered: 07/02/2025)

NOTICE OF APPEARANCE by John K Adams on behalf of United States Environmental Protection Agency, United States Of America..(Adams, John) (Entered: 07/09/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated July 10, 2025 re: Response to Court's Inquires in July 2, 2025 Order. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/10/2025)

LETTER MOTION for Extension of Time to File Response/Reply as to 33 Letter, 36 Letter, addressed to Judge P. Kevin Castel from Defendants dated July 11, 2025. Document filed by Letitia James, Kathleen Hochul, Amanda Lefton, State Of New York..(Mirman-Heslin, Laura) (Entered: 07/11/2025)

LETTER addressed to Judge P. Kevin Castel from Riley W. Walters on behalf of Plaintiffs dated July 11, 2025 re: Opposition to Defendants' July 11 Letter Motion for Extension of Time. Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/11/2025)

MEMORANDUM OF LAW in Opposition re: 31 MOTION to Transfer Case to NDNY. . Document filed by United States Environmental Protection Agency, United States Of America..(Walters, Riley) (Entered: 07/15/2025)

ORDER granting 37 Letter Motion for Extension of Time to File Response/Reply. Application granted over plaintiffs' objection. The adjournment is FINAL and will not be extended. Plaintiffs may reply by August 1, 2025. (Signed by Judge P. Kevin Castel on 7/15/2025) (vfr) (Entered: 07/15/2025)