Docket as of October 21, 1998 7:51 pm Page 1
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1:97cv2154 United States of v. City of New York, et al APPEAL
APPEAL
U.S. District Court
New York Eastern (Brooklyn)
CIVIL DOCKET FOR CASE #: 97-CV-2154
United States of v. City of New York, et al Filed: 04/24/97
Assigned to: Judge Nina Gershon
Referred to: Magistrate Steven M. Gold
Demand: $0,000 Nature of Suit: 893
Lead Docket: None Jurisdiction: US Plaintiff
Dkt# in other court: None
Cause: 28:1345 USA Plaintiff
UNITED STATES OF AMERICA Deborah B. Zwany, Esq.
plaintiff [COR LD NTC]
United States Attorney's Office
Civil Division
One Pierrepont Plaza
Brooklyn, NY 11201
(718) 254-7000
THE STATE OF NEW YORK Gordon J. Johnson, Esq.
intervenor-plaintiff [COR LD NTC]
Attorney General's Office
State of New York
120 Broadway
26th Floor
New York, NY 10271
(212) 416-8446
Norman Spiegel, Esq.
(212) 416-8448
[COR LD NTC]
Attorney General for the State
of New York
Environmental Protection Bureau
120 Broadway
New York, NY 10271
(212) 416-8446
BARBARA DEBUONO, M.D., as Gordon J. Johnson, Esq.
Commissioner of the New York (See above)
State Department of Health [COR LD NTC]
intervenor-plaintiff
Norman Spiegel, Esq.
(See above)
[COR LD NTC]
Docket as of October 21, 1998 7:51 pm Page 2
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1:97cv2154 United States of v. City of New York, et al APPEAL
v.
CITY OF NEW YORK Paul A. Crotty, Esq.
defendant [COR LD NTC]
Corporation Counsel of the City
of New York
100 Church Street, Room 6-203
New York, NY 10007
(212) 442-1736
NYC DEPARTMENT OF Norman Spiegel, Esq.
ENVIRONMENTAL PROTECTION (212) 416-8448
defendant [COR LD NTC]
Attorney General for the State
of New York
Environmental Protection Bureau
120 Broadway
New York, NY 10271
(212) 416-8446
CITY OF NEW YORK
intervenor-defendant
NYC DEPARTMENT OF
ENVIRONMENTAL PROTECTION
intervenor-defendant
HDFC COALITION
intervenor-defendant
HELEN C REED
intervenor-defendant
STEVEN B KAPLAN
intervenor-defendant
AARON BOCK
intervenor-defendant
-------------------------
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1:97cv2154 United States of v. City of New York, et al APPEAL
Docket as of October 21, 1998 7:51 pm Page 4
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1:97cv2154 United States of v. City of New York, et al APPEAL
4/24/97 1 COMPLAINT filed and summons(es) issued for City of New
York, NYC Dept. of Environ (ac) [Entry date 04/25/97]
5/1/97 2 RETURN OF SERVICE executed as to City of New York, NYC
Dept. of Environmental Protrction 4/24/97 Answer due on
5/14/97 for NYC Dept. of Environmental Protection, for City
of New York (ll) [Entry date 05/05/97]
5/3/97 11 LETTER dated 5/30/97 from Joel M. Gross and Deborah B.
Zwany to Judge Gershon, informing the Court that the United
States consents to the invention of the State of New York
in the above-referenced action. (ll) [Entry date 06/05/97]
5/19/97 3 Calendar entry: STatus conference before Judge Gershon on
5/19/97. Counsel present. Case referred to Mag. Judge
Gold for settlement discussion. (md) [Entry date 05/21/97]
5/22/97 4 ORDER dated 5/2/97 that a settlement conference will be
held at 2PM on 5/29/97 before Magistrate Steven M. Gold.
All counsel must be present. Counsel shall submit a letter
outlining their claims & stating their position with
respect to settlement by 5/27/97. (signed by Magistrate
Steven M. Gold). (lg)
5/22/97 5 TRANSCRIPT of confernce before Judge Gershon filed for
dates of 5/19/97 at 5:00 p.m. Court Reporter: Sheldon
Silverman. (ll) [Entry date 05/23/97]
5/22/97 7 Calendar entry: Before Mag. Gold on 5/22/97 at 3:30 p.m.,
case called for telephone conference. (ll)
[Entry date 05/29/97]
5/27/97 6 STIP/ORDER dated 5/22/97 that defts' time to respond to
the complaint in this action is extended to 6/3/97 (
signed by Judge Nina Gershon ) (ll)
5/28/97 9 Calendar entry: Before Mag. Gold on 5/28/97 at 10:00 a.m.,
case called. New York State shall serve and file its
proposed intervention complaint by 5/29/97. Parties have
until 6/5/97 to state in writing to this Court whether they
oppose or consent to intervention. If no opposition is
need, the proposed intervention complaint will be deemed
served and filed as of June 5th as a complaint. If
intervention is opposed, Court will converse a telephone
conference to set a briefing schedule. (ll)
[Entry date 06/02/97]
5/29/97 8 Calendar entry: Before Mag. Gold on 5/29/97 at 4:00 p.m.,
case called for status conference. Next conference
scheudled for 6/9/97 at 3:30 p.m. to 5:30 p.m. before
Magistrate Steven M. Gold Settlement discussions
continuing. Status report at next conference. (ll)
[Entry date 06/02/97]
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1:97cv2154 United States of v. City of New York, et al APPEAL
5/29/97 18 Intervenor's COMPLAINT by State of New York, Barbara
Debuono against City of New York, NYC Dept. of
Environmental Protection. (ll) [Entry date 06/26/97]
6/4/97 10 ORDER dated 5/28/97 DENYING Theodore A. Keyes application
for permission to attend the settlement conference
scheduled for 5/29/97 as an interested observer. (signed by
Magistrate Steven M. Gold on copy of letter dated 5/28/97
from Theodore A. Keyes). (lg)
6/9/97 12 LETTER dated 6/4/97 from Elizabeth St. Clair to Judge
Gershon informing the Court that the City of NY & the NYC
Dept of Environmental Protection consent to the
intervention of the State of NY in this action. (lg)
6/9/97 13 Calendar entry: Before Mag. Gold on 6/9/97 at 3:30 p.m.,
case called. Next conference scheduled for 6/23/97 at
5:30 p.m. before Magistrate Steven M. Gold. Any modified
demand letters as follows: 6/18 pl. 6/20 def. (ll)
[Entry date 06/10/97]
6/12/97 14 LETTER dated 6/6/97 from John C. Klotz to Judge Gershon
informing the Court that the Croton Watershed Clean Water
Coalition, Inc. is preparing an application to intervene on
behalf ot its members in this action. (lg)
6/12/97 15 STIP/ORDER dated 6/10/97 that defts.' time to respond to
the complaint filed by the pltff. USA is extended to
6/13/97 ( signed by Judge Nina Gershon ) (ll)
6/18/97 16 COPY OF LETTER dated 6/16/97 from John C. Klotz to all
counsel, enclosing Notice of Motion, Supporting Affidavit
of John C. Klotz, Proposed Intervenors' Answer and Memo of
Points and Authorities. (Without enclosures). (ll)
6/23/97 17 Calendar entry: Before Mag. Gold on 6/23/97 at 5:30 p.m.,
case called for settlement conference. Next conference
scheduled for 7/1/97 at 5:30 p.m. before Magistrate Steven
M. Gold. Settlement conference held. (ll)
[Entry date 06/25/97]
6/24/97 19 STIP/ORDER dated 6/26/97 that defts.' time to respond to
the complaint is extended to 7/3/97 ( signed by Judge
Nina Gershon ) (ll) [Entry date 06/27/97]
6/26/97 20 ORDER dated 6/30/97 that the briefing schedule for the
proposed intervenors' motion to intervene as follows: (1)
Response of the U.S., the NYS and NYC must be served by
7/10/97. (2) Proposed Intervenors' reply papers must be
served and all papers submitted by the parties must be
filed with the Court by 7/17/97. ( signed by Judge Nina
Gershon on letter dated 6/26/97 from AUSA Deborah B. Zwany
) (ll) [Entry date 07/01/97]
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1:97cv2154 United States of v. City of New York, et al APPEAL
7/1/97 21 Calendar entry: Before Magistrate Gold on 7/1/97 conference
held. Settlement discussions continuing. Parties to
submit status report by 7/17. (lg) [Entry date 07/09/97]
7/8/97 22 STIP/ORDER dated 7/9/97 that defts' time to respond to
the Complaint extended to 7/18/97. (signed by Judge Nina
Gershon). (lg) [Entry date 07/10/97]
7/8/97 23 LETTER dated 7/7/97 from Maria E. Villa, Intervenor to
all counsellors, enclosing intervenor's motion papers. (ll)
[Entry date 07/10/97]
7/18/97 26 ORDER dated 7/22/97, granting motion to extend time to
response to motion to intervene to 7/31/97. ( signed by
Judge Nina Gershon on letter dated 7/17/97 from AUSA
Deborah B. Zwany and Joel M. Gross ) (ll)
[Entry date 07/24/97]
7/23/97 24 ORDER dated 7/21/97 that the parties have consented the
briefing schedule in connection with the propsed
intervenor's motion to intervene: Proposed Intervenors'
reply paper must be served by 7/21/97; any application for
permission to file a sur-reply shall be filed with the
Court by 7/24/97. ( signed by Judge Nina Gershon on letter
dated 7/17/97 from John C. Klotz ). (ll)
7/24/97 25 LETTER dated 7/21/97 from John C. Klotz to all counsel,
enclosing the following motion papers: Reply memo of Points
and Authorities, Reply affidavit of Paul S. Mankiewicz,
Ph.D., Reply affidavit of Karen Argenti and Restated
proposed intervenors' answer. (ll)
7/25/97 28 STIP/ORDER dated 8/1/97 that defts.' time to respond to the
compalints is extended to 8/1/97 ( signed by Judge Nina
Gershon ) (ll) [Entry date 08/05/97]
7/30/97 27 ORDER dated 7/24/97 that the parties to serve a sur-reply
by 8/7/97. ( signed by Judge Nina Gershon on letter dated
7/24/97 from Steven Stein Cushman ). (ll)
8/1/97 52 Calendar entry: Before Mag. Gold on 8/1/97 at 3:00 p.m.,
case called for telephone conference. Next conference
scheduled for 4:30 9/4/97 before Magistrate Steven M.
Gold. Parties to use best efforts to complete consent
decree prior to next conference. Pltff. may, but is not
required to commence pre-answer discovery. (ll)
[Entry date 08/12/97]
8/8/97 29 MOTION to intervene by City of Yonkers, Motion hearing
set for 10:00 8/20/97 [29-1] motion (ll)
[Entry date 08/11/97]
8/8/97 30 MEMORANDUM of LAW by City of Yonkers in support of [29-1]
motion to intervene. (ll) [Entry date 08/11/97]
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1:97cv2154 United States of v. City of New York, et al APPEAL
8/8/97 31 AFFIRMATION of Daniel A. Ruzow in support of City of Yonkers
motion to intervene. (ll) [Entry date 08/11/97]
[Edit date 08/11/97]
8/8/97 32 ANSWER to Complaint by City of Yonkers (ll)
[Entry date 08/11/97]
8/8/97 33 MEMORANDUM of LAW by City of New York, NYC Dept. of
Environmental Protection in opposition to [29-1] motion to
intervene by City of Yonkers. (ll) [Entry date 08/11/97]
8/8/97 34 Memorandum of Law by United States in response to the
motion to intervene of City of Yonkers. (ll)
[Entry date 08/11/97]
8/8/97 35 REPLY MEMORANDUM OF LAW in support of motion by the City of
Yonkers to intervene as a deft. (ll) [Entry date 08/11/97]
8/8/97 51 STIP/ORDER dated 8/12/97 that defts.' time to respond to
the complaints filed in this action by the pltff. USA and
plaintiffs-intervenors NYS and Barbara DeBuono is extended
to 9/5/97. ( signed by Judge Nina Gershon ) (ll)
[Entry date 08/12/97]
8/11/97 36 MOTION to intervene by Croton Watershed Clean Water
Coalition, Inc., Marian Rose, Jesse Davidson, David
Ferguson, Marie Runyon, Francis A. Chapman, Mickie Grover,
Paul Moskowitz, Edith T. Keasbey, Dart Westphal, Howard
Jackson, Brian Jackson, Tina Argenti, Karen Argenti,
Dorothy Vaughn, Darnley E. Beckles Jr., Motion hearing
set for 10:00 7/11/97 [36-1] motion (ll)
[Entry date 08/12/97]
8/11/97 37 ANSWER to Complaint by Croton Watershed Clean Water
Coalition, Inc., Marian Rose, Jesse Davidson, David
Ferguson, Marie Runyon, Francis A. Chapman, Mickie Grover,
Paul Moskowitz, Edith T. Keasbey, Dart Westphal, Howard
Jackson, Brian Jackson, Tina Argenti, Argenti, Dorothy
Vaughn, Darnley E. Beckles Jr.. (ll) [Entry date 08/12/97]
8/11/97 38 MEMORANDUM OF POINTS AND AUTHORITIES by Croton Watershed
Clean Water Coalition, Inc., Marian Rose, Jesse Davidson,
David Ferguson, Marie Runyon, Francis A. Chapman, Mickie
Grover, Paul Moskowitz, Edith T. Keasbey, Dart Westphal,
Howard Jackson, Brian Jackson, Tina Argenti, Karen Argenti,
Dorothy Vaughn, Darnley E. Beckles Jr. in support of
Intervention. (ll) [Entry date 08/12/97]
8/11/97 39 REPLY MEMORANDUM OF POINTS AND AUTHORITIES by Croton
Watershed Clean Water Coalition, Inc. in support of
intervention. (ll) [Entry date 08/12/97]
8/11/97 40 AFFIDAVIT of Paul S. Makiewicz, Ph.D. filed. (ll)
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1:97cv2154 United States of v. City of New York, et al APPEAL
[Entry date 08/12/97]
8/11/97 41 AFFIDAVIT of Karen Argenti filed. (ll)
[Entry date 08/12/97]
8/11/97 42 RESTATED PROPOSED ANSWER by Croton Watershed Clean Water
Coalition, Inc., Marian Rose, Jesse Davidson, David
Ferguson, Marie Runyon, Francis A. Chapman, Mickie Grover,
Paul Moskowitz, Edith T. Keasbey, Dart Westphal, Howard
Jackson, Brian Jackson, Tina Argenti, Karen Argenti,
Dorothy Vaughn, Darnley E. Beckles Jr. (ll)
[Entry date 08/12/97]
8/11/97 43 DECLARATION OF Kim R. Fox filed. (ll) [Entry date 08/12/97]
8/11/97 44 MEMORANDUM OF LAW by City of New York, NYC Dept. of
Environmental Protection in opposition to [36-1] motion to
intervene. (ll) [Entry date 08/12/97]
8/11/97 45 DECLARATION of Mark D. Hoffer in opposition to motion to
intervene. (ll) [Entry date 08/12/97]
8/11/97 46 RESPONSE by State of New York, Barbara Debuono to [36-1]
motion to intervene by Croton Watershed Clean Water
Coalition, Inc. (ll) [Entry date 08/12/97]
8/11/97 47 SUR-REPLY MEMORANDUM OF LAW by City of New York, NYC Dept.
of Environmental Protection in opposition to [36-1] motion
to intervene. (ll) [Entry date 08/12/97]
8/11/97 48 MEMORANDUM OF LAW by United States of America in response
to the Reply Memorandum of Croton Clean Water Coalition,
Inc, to intervene. (ll) [Entry date 08/12/97]
8/11/97 49 MEMORANDUM OF LAW by United States of America in response
to [36-1] motion to intervene by Croton Watershed Clean
Water Coalition, Inc., et al. (ll) [Entry date 08/12/97]
8/12/97 50 LETTER dated 8/4/97 from John C. Klotz to AUSA Deborah
B. Zwany and Messrs. Spiegel and Cushman, enclosing a copy
of letter dated 7/28/92 (marked Exhibit D) from the NYS
Dept. of Health to the City of NY concerning the necessity
of SEQRA review of filtration determinations. (ll)
9/2/97 53 ORDER 8/27/97, granting an extension of time to respond to
the "Yorktown" motion until 9/11/97. ( signed by Judge Nina
Gershon on letter dated 8/14/97 from Steven Stein Cushman
). (ll)
9/2/97 54 LETTER dated 8/15/97 from Daniel Riesel to Judge
Gershon, opposing any extension of time for responding to
Yorktown's intervention motion which might result in a
final disposition of this action before Yorktown has had an
opportunity to protect its significant interests. (ll)
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1:97cv2154 United States of v. City of New York, et al APPEAL
9/2/97 55 ORDER dated 8/27/97, granting an extension of time to
respond to Yorktown's motion until 9/11/97. ( signed by
Judge Nina Gershon on letter dated 8/21/97 from AUSA
Deborah B. Zwany ). (ll)
9/9/97 56 STIP/ORDER dated 9/11/97 that defts.' time to repond to
the complaint filed in this action by the pltff. USA and
pltffs-intervenors NYS and Barbara DeBuono, M.D. is
extended to 9/26/97 ( signed by Judge Nina Gershon ) (ll)
[Entry date 09/16/97]
9/16/97 57 ORDER dated 9/11/97 that parties' time to respond to the
motion to intervene is adjourned to 10/9/97. ( signed by
Judge Nina Gershon on letter dated 9/10/97 from AUSA
Deborah B. Zwany) (ll)
9/24/97 58 Calendar entry: Before Mag. Gold on 9/9/97 at 3:00 p.m.,
case called. By 9/26, each side shall submit a written
report on the progress of settlement, which shall include,
at a minimum, a statement with respect to whether a
conference with the court is sought. (ll)
9/30/97 59 STIP/ORDER dated 10/1/97 that defts.' time to respond to
the complaints filed by the pltff. USA and
pltff-intervenors NYS and Barbara DeBuono, M.D. is extended
to 10/24/97 ( signed by Judge Nina Gershon ) (ll)
[Entry date 10/03/97]
10/21/97 60 ORDER dated 10/17/97 that the parties' time to respond to
the motion to intervene is adjourned to 10/30/97. ( signed
by Judge Nina Gershon on letter dated 10/7/97 from AUSA
Deborah B. Zwany ). (ll)
11/3/97 61 STIPULATION AND ORDER OF ADJOURNMENT that defts' time to
respond to the complaint is extended to 11/7/97.( signed by
Judge Nina Gershon ) (ajl)
11/13/97 67 ANSWER to Complaint by Town of Yorktown (ajl)
[Entry date 11/20/97]
11/17/97 62 STIPULATION AND ORDER of ADJOURNMENT the defts' time to
respond to the complaint is extended to 11/21/97. ( signed
by Judge Nina Gershon dated 11/13/97 ) (ajl)
11/20/97 63 MOTION by Town of Yorktown to intervene by Town of
Yorktown, Motion hearing (ajl)
11/20/97 64 MEMORANDUM by Town of Yorktown in support of [63-1] motion
to intervene by Town of Yorktown (ajl)
11/20/97 65 MEMORANDUM by City of New York in opposition to [63-1]
motion to intervene by Town of Yorktown (ajl)
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1:97cv2154 United States of v. City of New York, et al APPEAL
11/20/97 66 Memorandum of Law in RESPONSE by United States of to
[63-1] motion to intervene by Town of Yorktown (ajl)
12/1/97 68 ORDER, endorsed on letter dated 11/7/97 from Michael Bogin
to Judge Gershon regarding an adjournment of time for
Intervenor-Deft Town of Yorktown to reply to the parties
opposition papers until 12/1/97. ( signed by Judge Nina
Gershon ) (ajl)
12/8/97 69 ORDER STIP. dtd. 12/4/97 of Adjournment, reset answer due
for 10/24/97 ( signed by Judge Nina Gershon ) (rj)
1/9/98 70 NOTICE/ For Court's Attention and Information (rj)
1/13/98 71 STIPULATION AND ORDER that the defts' time to respond to
the complaints filed is extended to 1/9/98.( signed by
Judge Nina Gershon dated 1/9/98 ) (ajl)
1/17/98 72 Calendar entry: before Magistrate Gold a settlement
conference was held with both parties present. The parties
are to submit a proposed final consent decree or written
status report by 2/6/98. (ajl) [Entry date 01/21/98]
1/23/98 73 STIPULATION AND ORDER OF ADJOURNMENT that the defendants'
time to respond to the complaint is extended to 1.23.98.
(signed by Judge Nina Gershon, dated 1.13.98) Copies mailed
by Chambers. (sg)
2/9/98 74 ORDER, endorsed on letter dated 2/6/98 from Steven Cushman
to Magistrate Gold suggesting that the parties submit a
status report by 2/27/98. The application is granted. (
signed by Magistrate Steven M. Gold ) (ajl)
2/13/98 75 SUPPLEMENTAL MEMORANDUM by City of New York in opposition
to [36-1] motion to intervene by Croton Watershed Clean
Water Coalition, Inc., Marian Rose, Jesse Davidson, David
Ferguson, Marie Runyon, Francis A. Chapman, Mickie Grover,
Paul Moskowitz, Edith T. Keasbey, Dart Westphal, Howard
Jackson, Brian Jackson, Tina Argenti, Karen Argenti,
Dorothy Vaughn, Darnley E. Beckles Jr. (ajl)
2/13/98 76 RESPONSE by United States of to [36-1] motion to intervene
by Croton Watershed Clean Water Coalition, Inc., Marian
Rose, Jesse Davidson, David Ferguson, Marie Runyon, Francis
A. Chapman, Mickie Grover, Paul Moskowitz, Edith T.
Keasbey, Dart Westphal, Howard Jackson, Brian Jackson, Tina
Argenti, Karen Argenti, Dorothy Vaughn, Darnley E. Beckles
Jr. (ajl)
2/18/98 77 STIPULATION AND ORDER OF ADJOURNMENT the defts' time to
respond to the complaint, is extended to 2/27/98. ( signed
by Judge Nina Gershon dated 2/4/98 ) (ajl)
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1:97cv2154 United States of v. City of New York, et al APPEAL
2/19/98 78 REPLY MEMORANDUM OF LAW by Marian Rose, et al in further
[36-1] motion to intervene by Croton Watershed Clean Water
Coalition, Inc., Marian Rose, Jesse Davidson, David
Ferguson, Marie Runyon, Francis A. Chapman, Mickie Grover,
Paul Moskowitz, Edith T. Keasbey, Dart Westphal, Howard
Jackson, Brian Jackson, Tina Argenti, Karen Argenti,
Dorothy Vaughn, Darnley E. Beckles Jr. (ajl)
3/2/98 79 REPLY MEMORANDUM OF LAW by United States of America to the
answering memorandum of intervenors regarding the issue of
intervention as of right under the safe drinking water act
(ajl)
3/13/98 80 STIPULATION AND ORDER OF ADJOURNMENT that defts' time to
respond to the complaint in this action is extended to
3/20/98. ( signed by Judge Nina Gershon ) (ajl)
4/1/98 81 LETTER dated 3.31.98 from Frank M. Schonfeld, an interested
party, to Judge Gershon writing regarding "prima facia
conflict of interest and contract violation in filtration
plant siting process now underway, subject to Court's
review and approval". (tdh) [Entry date 04/02/98]
4/15/98 82 STIPULATION and ORDER that defts' time to respond to the
complaint is extended to 4/24/98. signed by Judge Nina
Gershon, dated 4/13/98 (ajl)
5/1/98 83 STIPULATION and ORDER of ADJOURNMENT the defts' time to
respond to the complaint is extended to 5/8/98. signed by
Judge Nina Gershon (ajl)
5/6/98 84 MEMORANDUM AND ORDER denying [63-1] motion to intervene
by Town of Yorktown, denying [29-1] motion to intervene by
City of Yonkers ( signed by Judge Nina Gershon, dated
5/4/98 ) (ajl)
5/27/98 85 NOTICE of LODGING OF PROPOSED CONSENT DECREE by United
States of America. (ajl)
5/27/98 86 CONSENT DECREE filed by USA. (ajl)
6/5/98 87 MOTION by Croton Watershed for reconsideration of [84-1]
order, Motion hearing (ajl) [Entry date 07/22/98]
6/5/98 88 MEMORANDUM by Croton Watershed in support of [87-1] motion
for reconsideration of [84-1] order (ajl)
[Entry date 07/22/98]
6/5/98 89 REPLY MEMORANDUM OF LAW by Croton Watershed in further
[87-1] motion for reconsideration of [84-1] order (ajl)
[Entry date 07/22/98]
6/9/98 90 MEMORANDUM by United States of in opposition to [87-1]
motion for reconsideration of [84-1] order (ajl)
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1:97cv2154 United States of v. City of New York, et al APPEAL
6/9/98 91 MEMORANDUM by City of New York in opposition to [87-1]
motion for reconsideration of [84-1] order (ajl)
6/17/98 92 LETTER dated 6/12/98 from William R.Bronner to Judge
Gershon For the reasons set forth below, I believe that
certain provisions of the Consent Decree required amendment
(rj)
6/25/98 93 NOTICE OF APPEAL by Darnley E. Beckles Jr., Dorothy Vaughn,
Karen Argenti, Tina Argenti, Brian Jackson, Howard Jackson,
Dart Westphal, Edith T. Keasbey, Paul Moskowitz, Mickie
Grover, Francis A. Chapman, Marie Runyon, David Ferguson,
Jesse Davidson, Marian Rose, Croton Watershed, HDFC
Coalition, Helen C. Reed, Steven B. Kaplan, Aaron Bock. Fee
Paid $ 105.00 Receipt # 208346 Notice of Appeal and
certified of docket sent appealing [84-1] order. Service
made by Clerk. (mm) [Entry date 06/26/98]
6/25/98 -- Notice of Appeal and certified copy of docket to USCA:
[93-1] appeal (mm) [Entry date 06/26/98]
7/2/98 94 ORDER denying Coalitions' [87-1] motion for
reconsideration of [84-1] order denying its motion to
intervene in this action. ( signed by Judge Nina Gershon,
dated 6/29/98 ) (ajl)
7/9/98 95 NOTICE OF APPEAL by Darnley E. Beckles Jr., Dorothy Vaughn,
Karen Argenti, Tina Argenti, Brian Jackson, Howard Jackson,
Dart Westphal, Edith T. Keasbey, Paul Moskowitz, Mickie
Grover, Francis A. Chapman, Marie Runyon, David Ferguson,
Jesse Davidson, Marian Rose, Croton Watershed, HDFC
Coalition, Helen C Reed, Steven B Kaplan, Aaron Bock Fee
Paid $ 105.00 Receipt # 208816 Notice of Appeal and
certified copy of docket sent appealing [94-1] order (lizv)
[Entry date 07/21/98]
7/9/98 -- Notice of Appeal and certified copy of docket to USCA:
[95-1] appeal (lizv) [Entry date 07/21/98]
7/23/98 -- Certified and transmitted (INDEX) record on appeal to U.S.
Court of Appeals: [95-1] appeal, [93-1] appeal .
Acknowledgment requested. (mcg) [Entry date 07/24/98]
7/27/98 96 USCA Scheduling Order: [95-1] appeal Appeal record due by
8/7/98 . USCA Number: 98-6146, [93-1] appeal USCA Number:
Appellant's brief due 8/14/98. Appellee's brief due
9/14/98. Argument set for 10/26/98. (mm)
8/3/98 97 LETTER dated 7/23/98 from Patrick Falvey to Judge
Gershon, regarding the Proposed consent order. (ajl)
8/3/98 98 Acknowledgment from USCA received re: [95-1] appeal, [93-1]
appeal. Acknowledgment signed by S.M. on 7/27/98. (mm)
Docket as of October 21, 1998 7:51 pm Page 13
Proceedings include all events.
1:97cv2154 United States of v. City of New York, et al APPEAL
9/29/98 99 MOTION by United States of to enter consent decree,
Motion hearing (ajl)
9/29/98 100 MEMORANDUM by United States of in support of [99-1] motion
to enter consent decree; Exhibits attached. (ajl)
10/1/98 101 MEMORANDUM by State of New York in support of [99-1]
motion to enter consent decree (ajl)
10/6/98 102 Comment by Business, Labor and Community Coaliation of New
York. (mrm) [Entry date 10/07/98]
10/21/98 -- Certified and transmitted( INDEX) record on appeal to U.S.
Court of Appeals: [95-1] appeal . Acknowledgment requested.
(mcg)
[END OF DOCKET: 1:97cv2154]
(mcg)
11/25/98 106 LETTER dated 10/8/98 from Asst. Corp. Counsel Eysden to
Judge Gershon, advising the Court that the City of N.Y.
does not intend to respond to the U.S.A.'s memo in support
of entry of the consent decree and in response to public
comments rec'd. (tv)
11/25/98 107 LETTER dated 10/30/98 from Richard Brodsky, Assemblyman
86th District, State of N.Y., to Judge Gershon, regarding
his concerns about the consent decree and renewing his
interest in a formal appearance before the Court. (tv)
11/25/98 108 LETTER dated 11/13/98 from Asst. Attys. Gen. Norman
Spiegel and Gordon Johnson, to Judge Gershon, addressing
the concerns of Mr. Brodsky in his 10/30/98 letter. In
sum, that his SEQRA concerns are misplaced and the proposed
consent decree is consistent with SEQRA. (tv)
11/25/98 109 LETTER dated 11/13/98 from Asst. Corp. Counsel Eysden to
Judge Gershon, addressing the issues raised by Assemblyman
Brodsky in his 10/30/98 letter. In sum, his understanding
of the requirements imposed by the consent decree is
incorrect. The decree is consistent w/SEQRA. (tv)
11/25/98 110 Addendum C, Comments, Volume I. (tv)
11/25/98 111 Addendum C, Comments, Volume II. (tv)
Docket as of November 25, 1998 7:54 pm Page 14
Proceedings include all events.
1:97cv2154 United States of v. City of New York, et al APPEAL
11/25/98 112 Addendum D, Exhibits. (tv)
11/25/98 113 MEMORANDUM and ORDER, dated Nov. 24, 1998, that the proposed
Consent Decree, which enforces compliance by the City of New
York with the federal and state requirement that it filter
and disinfect the water in the Croton Water Supply System,
for all of the reasons set forth in this order, will be
entered. The United States is directed promptly to send a
copy of this Memorandum and Order to all those who filed a
public comment. (Signed by Judge Nina Gershon) (tv)
[Edit date 11/25/98]
11/25/98 114 AFFIDAVIT by Jennifer Keegan for the United States Re:
service of the Court's Memorandum and Order, [Doc. No.
113-1]. (tv)
[END OF DOCKET: 1:97cv2154]
n hearing. (jag) [Entry date 11/27/98]
11/25/98 117 Letter/MEMORANDUM by City of New York in support of
[116-1] motion for temporary restraining order. (jag)
[Entry date 11/27/98]
11/27/98 115 ORDER that the "Revised Attachment A" shall replace
"Attachment A" to the Consent Decree. NOTE: Revision is
attached to this order. Copies mailed by Case Manager. (
signed by Judge Nina Gershon: dated 11/25/98 ) (jag)
11/27/98 -- Endorsed Consent Decree dtd 11/25/98 ( Signed by Judge
Nina Gershon, dated: 11/25/98) See endorsement on document
#86, page 64. Copies mailed by Case Manager. (jag)
11/27/98 -- Case closed (ajl)
11/27/98 118 ORDER denying Frank Schonfeld's [116-1] motion for
temporary restraining order ( signed by Judge Nina Gershon,
dated 11/25/98 ) (ajl)
[END OF DOCKET: 1:97cv2154]
hon) (tv)
[Edit date 11/25/98]
11/25/98 114 AFFIDAVIT by Jennifer Keegan for the United States Re:
service of the Court's Memorandum and Order, [Doc. No.
113-1]. (tv)
11/25/98 116 MOTION by Frank Schonfeld for temporary restraining
order, No Motion hearing. (jag) [Entry date 11/27/98]
11/25/98 117 MEMORANDUM by Frank Schonfeld in support of [116-1] motion
for temporary restraining order. (jag) [Entry date 12/03/98]
11/27/98 115 ORDER that the "Revised Attachment A" shall replace
"Attachment A" to the Consent Decree. NOTE: Revision is
attached to this order. Copies mailed by Case Manager. (
signed by Judge Nina Gershon: dated 11/25/98 ) (jag)
11/27/98 -- Endorsed Consent Decree dtd 11/25/98 ( Signed by Judge Nina
Gershon, dated: 11/25/98) See endorsement on document #86,
page 64. (jag) [Edit date 12/03/98]
11/27/98 -- Case closed (ajl)
Docket as of December 18, 1998 7:58 pm Page 15
Proceedings include all events.
1:97cv2154 United States of v. City of New York, et al APPEAL
11/27/98 118 ORDER denying Frank Schonfeld's [116-1] motion for
temporary restraining order ( signed by Judge Nina Gershon,
dated 11/25/98 ) (ajl)
12/10/98 104 LETTER dated 10/14/98 from Daniel A. Ruzow to Judge
Gershon, objecting to plaintiff U.S.'s characterization of
Yonkers' comments on the proposed Consent Decree with
respect to Force Majeure Clause. (lr)
12/10/98 105 LETTER dated 1/23/98 from John C. Klotz to Judge Gershon,
re: the Coalition's position to be argued re: Safe Water
Drinking Act at oral argument set for 2/5/98. (lr)
12/10/98 107 LETTER dated 6/22/98 from Steven Stein Cushman to Judge
Gershon and Magistrate Judge Gold, advising that he is no
longer representing defendants City of NY and NYC Dept. of
Environmental Protection; and indicating Inga Van Eysden as
new counsel. (lr)
12/10/98 108 LETTER dated 7/2/98 from Arthur Gussaroff to Clerk of
Court, enclosing Comment to Consent Decree by Business,
Labor and Community Coalition of NY and Affidavit of
Service. (Courtesy copies attached). (lr)
12/10/98 109 LETTER dated 8/10/98 from Joel M. Gross and Deborah B.
Zwany to Judge Gershon, stating that upon completion of the
review process of comments recieved on the Consent Decree,
the comments and statement of the Assistant Attorney
General's determination will be filed with the Court. (lr)
12/10/98 110 LETTER dated 10/5/98 from John C. Klotz to Judge Gershon,
requesting a hearing on the motion by the U.S. to enter the
consent decree previously lodged with the Court in this
matter. (lr)
12/10/98 111 LETTER dated 10/6/98 from William R. Bronner to Judge
Gershon, U.S. Dept. of Justice, and AUSA Deborah B. Zwany,
in reply to Memo of Law of USA in Support of its Motion to
enter Consent Decree, and in response to the public
comments. (lr)
12/15/98 -- Certified and transmitted first supplemental record on
appeal to U.S. Court of Appeals: [95-1] appeal, [93-1]
appeal. Supplemenal record includes items 116, 117, 118 and
endorsed Consent Decree. Acknowledgment requested. (See
fax request from Monica Piga Wallace, Law Clerk, USCA. (jag)
[Entry date 12/18/98]
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