Case Details

CourtDistrict of the District of Columbia
Docket number1:11-cv-00769
Date case filed2011-04-21
Date case closed2012-01-17
Date of latest filing
Assigned toJudge Colleen Kollar-Kotelly
Case cause42:7413(b) Clean Air Act
Nature of suit890 Other Statutory Actions
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: NAVISTAR, INC.
Party type: Plaintiff
Attorney name: Kyle Robert Jefcoat
Attorney Contact:
LATHAM & WATKINS
555 11th Street, NW
Suite 1000
Washington, DC 20004
(202) 637-2152
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Laurence H. Levine
Attorney Contact:
Laurence H. Levine Law Offices
190 South LaSalle Street, Suite 3120
Chicago, IL 60603
(312) 291-7000
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: LISA P. JACKSON
Party type: Defendant
Administrator, United States Environmental Protection Agency
Attorney name: Eileen T. McDonough
Attorney Contact:
U.S. DOJ - ENVIRONMENTAL DEFENSE SECTION
P.O. Box 23986
L'Enfant Plaza Station
Washington, DC 20026
(202) 514-3126
Fax: (202) 353-7763
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: U.S. ENVIRONMENTAL PROTECTION AGENCY
Party type: Defendant
Attorney name: Eileen T. McDonough
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: CUMMINS INC
Party type: Intervenor Defendant
Attorney name: Jonathan Lynwood Abram
Attorney Contact:
HOGAN LOVELLS US LLP
555 13th Street, NW
Washington, DC 20004
(202) 637-5681
Fax: (202) 637-5910
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Samuel I Gutter
Attorney Contact:
SIDLEY AUSTIN LLP
1501 K Street, NW
Washington, DC 20005
(202) 736-8167
Fax: 202-736-8711
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DAIMLER TRUCKS NORTH AMERICA LLC
Party type: Intervenor Defendant
Attorney name: Jonathan Lynwood Abram
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: DETROIT DIESEL CORPORATION
Party type: Intervenor Defendant
Attorney name: Jonathan Lynwood Abram
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: MACK TRUCKS, INC.
Party type: Intervenor Defendant
Attorney name: Jonathan Lynwood Abram
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julie Ronder Domike
Attorney Contact:
KILPATRICK TOWNSEND & STOCKTON LLP
607 14th Street, NW
Suite 900
Washington, DC 20005
(202) 824-1412
Fax: (202) 508-5858
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: VOLVO GROUP NORTH AMERICA, LLC
Party type: Intervenor Defendant
Attorney name: Jonathan Lynwood Abram
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Julie Ronder Domike
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Party type: Defendant
Attorney name: Eileen T. McDonough
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-04-21 COMPLAINT against LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY ( Filing fee $ 350, receipt number 4616038154) filed by NAVISTAR, INC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Civil Cover Sheet)(rdj) (Entered: 04/22/2011)
1.1 Exhibit A
1.2 Exhibit B
1.3 Exhibit C
1.4 Exhibit D
1.5 Exhibit E
1.6 Exhibit F
1.7 Exhibit G
1.8 Exhibit H
1.9 Exhibit I
1.10 Exhibit J
1.11 Exhibit K
1.12 Exhibit L
1.13 Exhibit M
1.14 Exhibit N
1.15 Exhibit O
1.16 Exhibit P
1.17 Exhibit Q
1.18 Exhibit R
1.19 Exhibit S
1.20 Exhibit T
1.21 Exhibit U
1.22 Civil Cover Sheet
22011-04-21 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NAVISTAR, INC. identifying Corporate Parent NAVISTAR INTERNATIONAL CORPORATION for NAVISTAR, INC. (rdj) (Entered: 04/22/2011)
32011-04-21 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laurence H. Levine, :Firm- Laurence H. Levine Law Offices, :Address- 190 South LaSalle Street, Suite 3120, Chicago, IL 60603. Phone No. - 312-291-7000. by NAVISTAR, INC. (rdj) (Additional attachment(s) added on 4/22/2011: # 1 Declaration of Laurence H. Levine) (rdj). (Entered: 04/22/2011)
42011-04-27 ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on April 27, 2011. (SM) (Entered: 04/27/2011)
52011-05-03 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ENVIRONMENTAL PROTECTION AGENCY served on 4/25/2011 (Jefcoat, Kyle) (Entered: 05/03/2011)
62011-05-03 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/25/2011. (Jefcoat, Kyle) (Entered: 05/03/2011)
72011-05-03 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/25/2011. Answer due for ALL FEDERAL DEFENDANTS by 6/24/2011. (Jefcoat, Kyle) (Entered: 05/03/2011)
82011-05-03 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LISA P. JACKSON served on 4/25/2011 (Jefcoat, Kyle) (Entered: 05/03/2011)
92011-06-14 NOTICE of Appearance by Eileen T. McDonough on behalf of All Defendants (McDonough, Eileen) (Entered: 06/14/2011)
102011-06-20 Consent MOTION for Extension of Time to File Answer re 1 Complaint,, and Entry of Briefing Schedule by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Text of Proposed Order)(McDonough, Eileen) (Entered: 06/20/2011)
112011-07-01 MOTION for Summary Judgment Dismissing Complaint for Failure to State a Claim Upon Which Relief Can Be Granted by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY (Attachments: # 1 Memorandum in Support, # 2 Exhibit Decl. of Margo T. Oge, # 3 Statement of Facts)(McDonough, Eileen) (Entered: 07/01/2011)
122011-07-08 Consent MOTION for Extension of Time to Respond to Motion for Summary Judgment and for Entry of Briefing Schedule by NAVISTAR, INC. (Jefcoat, Kyle) (Entered: 07/08/2011)
132011-07-12 MOTION to Intervene as Defendants by CUMMINS INC, DAIMLER TRUCKS NORTH AMERICA LLC, DETROIT DIESEL CORPORATION, MACK TRUCKS, INC., VOLVO GROUP NORTH AMERICA, LLC (Attachments: # 1 Declaration of Brian Burton, # 2 Declaration of Karl Tasik, # 3 Declaration of Robert A. Jorgensen, # 4 Proposed Answer - Cummins, # 5 Corporate Disclosure - Cummins, # 6 Proposed Answer - DTNA and DDC, # 7 Corporate Disclosure - DTNA and DDC, # 8 Proposed Answer - Volvo and Mack, # 9 Corporate Disclosure - Volvo and Mack)(znmw, ) (Entered: 07/13/2011)
142011-07-21 MOTION for Discovery Pursuant to Federal Rule of Civil Procedure 56(d) by NAVISTAR, INC. (Attachments: # 1 Declaration of Laurence H. Levine, # 2 Exhibit A to Levine Declaration, # 3 Declaration of Patrick E. Charbonneau, # 4 Declaration of Kyle R. Jefcoat, # 5 Exhibit 1 to Jefcoat Declaration, # 6 Exhibit 2 to Jefcoat Declaration, # 7 Exhibit 3 to Jefcoat Declaration, # 8 Exhibit 4 to Jefcoat Declaration, # 9 Exhibit 5 to Jefcoat Declaration, # 10 Exhibit 6 to Jefcoat Declaration, # 11 Exhibit 7 to Jefcoat Declaration, # 12 Exhibit 8 to Jefcoat Declaration, # 13 Exhibit 9 to Jefcoat Declaration, # 14 Exhibit 10 to Jefcoat Declaration)(Jefcoat, Kyle) (Entered: 07/21/2011)
152011-07-23 ORDER. The Court shall consider Plaintiff's 14 Motion for Discovery Pursuant to Fed. R. Civ. P. 56(d) in context after Defendants' 11 Motion for Summary Judgment Dismissing Complaint for Failure to State a Claim upon Which Relief May Be Granted motion has been fully briefed. However, the Court shall grant Plaintiff's alternative request for an extension of time to respond. Plaintiff shall file its opposition to Defendants' motion for summary judgment by no later than August 8, 2011. Plaintiff shall file his opposition to the pending 13 Motion for Leave to Intervene filed by Cummins Inc., Daimler Trucks North America LLC, Detroit Diesel Corporation, Mack Trucks, Inc., and Volvo Group North America by no later than July 29, 2011. If Plaintiff fails to file an opposition by that date, the Court shall grant the motion as conceded. Proposed Intervenors shall file a reply brief by no later than August 8, 2011. The reply brief should indicate whether, if the Court grants them leave to intervene, they intend to file a separate motion for summary judgment, join Defendants' motion with supplemental briefing, or wait until the Court rules on Defendants' motion before proceeding further in this action. Signed by Judge Colleen Kollar-Kotelly on July 23, 2011. (lcckk1, ) (Entered: 07/23/2011)
162011-07-27 Consent MOTION Clarification of July 23, 2011 Order re 15 Order,,,,, by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY (McDonough, Eileen) (Entered: 07/27/2011)
172011-07-27 Consent MOTION to Expedite Consideration of Consent Motion for Clarification by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY (McDonough, Eileen) (Entered: 07/27/2011)
182011-07-29 Memorandum in opposition to re 13 MOTION to Intervene filed by NAVISTAR, INC.. (Jefcoat, Kyle) (Entered: 07/29/2011)
192011-07-29 Consent MOTION for Extension of Time to File Response/Reply On Motion for Summary Judgment and Opposition to Plaintiff's Motion for Discovery by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY (McDonough, Eileen) (Entered: 07/29/2011)
202011-08-08 REPLY to opposition to motion re 13 MOTION to Intervene filed by CUMMINS INC, DAIMLER TRUCKS NORTH AMERICA LLC, DETROIT DIESEL CORPORATION, MACK TRUCKS, INC., VOLVO GROUP NORTH AMERICA, LLC. (Abram, Jonathan) (Entered: 08/08/2011)
212011-08-08 Memorandum in opposition to re 11 MOTION for Summary Judgment Dismissing Complaint for Failure to State a Claim Upon Which Relief Can Be Granted filed by NAVISTAR, INC.. (Attachments: # 1 Statement of Undisputed Facts, # 2 Response to EPA's Statement of Material Facts (originally filed 7/21/11), # 3 Declaration of Patrick E. Charbonneau in Support of Motion for Discovery (originally filed 7/21/11), # 4 Declaration of Kyle R. Jefcoat, # 5 Exhibit 1 of Jefcoat Declaration, # 6 Exhibit 2 of Jefcoat Declaration, # 7 Exhibit 3 of Jefcoat Declaration, # 8 Exhibit 4 of Jefcoat Declaration, # 9 Exhibit 5 of Jefcoat Declaration, # 10 Exhibit 6 of Jefcoat Declaration, # 11 Exhibit 7 of Jefcoat Declaration, # 12 Exhibit 8 of Jefcoat Declaration, # 13 Exhibit 9 of Jefcoat Declaration, # 14 Exhibit 10 of Jefcoat Declaration, # 15 Exhibit 11 of Jefcoat Declaration, # 16 Exhibit 12 of Jefcoat Declaration, # 17 Exhibit 13 of Jefcoat Declaration, # 18 Exhibit 14 of Jefcoat Declaration, # 19 Exhibit 15 of Jefcoat Declaration, # 20 Exhibit 16 of Jefcoat Declaration, # 21 Exhibit 17 of Jefcoat Declaration, # 22 Exhibit 18 of Jefcoat Declaration, # 23 Exhibit 19 of Jefcoat Declaration)(Jefcoat, Kyle) (Entered: 08/08/2011)
222011-08-23 Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment Dismissing Complaint for Failure to State a Claim Upon Which Relief Can Be Granted by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY (McDonough, Eileen) (Entered: 08/23/2011)
232011-08-31 REPLY to opposition to motion re 11 MOTION for Summary Judgment Dismissing Complaint for Failure to State a Claim Upon Which Relief Can Be Granted filed by LISA P. JACKSON, U.S. ENVIRONMENTAL PROTECTION AGENCY. (Attachments: # 1 Exhibit)(McDonough, Eileen) (Entered: 08/31/2011)
242011-09-13 REPLY to opposition to motion re 14 MOTION for Discovery Pursuant to Federal Rule of Civil Procedure 56(d) MOTION for Discovery Pursuant to Federal Rule of Civil Procedure 56(d) MOTION for Discovery Pursuant to Federal Rule of Civil Procedure 56(d) filed by NAVISTAR, INC.. (Attachments: # 1 Attachment)(Jefcoat, Kyle) (Entered: 09/13/2011)
252012-01-17 ORDER. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that Putative Intervenors' 13 Motion to Intervene is GRANTED. Intervenors' request to provide supplemental briefing regarding Plaintiff's motion for discovery and Defendants motion for summary judgment is DENIED. It is FURTHER ORDERED that Defendants' 11 Motion for Summary Judgment Dismissing Complaint for Failure to State a Claim upon which Relief can be Granted is GRANTED. It is FURTHER ORDERED that Plaintiff's 14 Motion for Discovery Pursuant to Federal Rule of Civil Procedure 56(d) is DENIED. This case is dismissed in its entirety. Signed by Judge Colleen Kollar-Kotelly on 1/17/12. (lcckk2) (Entered: 01/17/2012)
262012-01-17 MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 1/17/12. (lcckk2) (Entered: 01/17/2012)
272012-01-17 ANSWER to 1 Complaint by CUMMINS INC.(znmw, ) (Entered: 01/18/2012)
282012-01-17 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CUMMINS INC. (znmw, ) (Entered: 01/18/2012)
292012-01-17 ANSWER to 1 Complaint by DAIMLER TRUCKS NORTH AMERICA LLC, DETROIT DIESEL CORPORATION.(znmw, ) (Entered: 01/18/2012)
302012-01-17 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DAIMLER TRUCKS NORTH AMERICA LLC, DETROIT DIESEL CORPORATION identifying Corporate Parent DAIMLER NORTH AMERICA CORPORATION, Corporate Parent DAIMLER AG for DAIMLER TRUCKS NORTH AMERICA LLC, DETROIT DIESEL CORPORATION. (znmw, ) (Entered: 01/18/2012)
312012-01-17 ANSWER to 1 Complaint by MACK TRUCKS, INC., VOLVO GROUP NORTH AMERICA, LLC.(znmw, ) (Entered: 01/18/2012)
322012-01-17 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MACK TRUCKS, INC., VOLVO GROUP NORTH AMERICA, LLC identifying Corporate Parent RENAULT S.A., Corporate Parent AB VOLVO, Corporate Parent VOLVO HOLDINGS USA, AB, Corporate Parent VNA HOLDING, INC. for MACK TRUCKS, INC., VOLVO GROUP NORTH AMERICA, LLC. (znmw, ) (Entered: 01/18/2012)
332012-02-15 NOTICE OF APPEAL as to 26 Memorandum & Opinion by NAVISTAR, INC.. Filing fee $ 455, receipt number 0090-2829311. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 Exhibit A)(Jefcoat, Kyle) (Entered: 02/15/2012)
342012-02-16 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 33 Notice of Appeal. (znmw, ) (Entered: 02/16/2012)
352012-02-24 Amended NOTICE OF APPEAL re appeal 33 by NAVISTAR, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Jefcoat, Kyle) (Entered: 02/24/2012)
362012-02-27 Supplemental Record on Appeal transmitted to US Court of Appeals re 35 Amended Notice of Appeal ;USCA Case Number 12-5045. (znmw, ) (Entered: 02/27/2012)
372012-10-03 ORDER of USCA as to 33 Notice of Appeal to DC Circuit Court filed by NAVISTAR, INC. ; USCA Case Number 12-5045. ORDERED that the Clerk note on the docket that this case is dismissed. No mandate will issue. (kb) (Entered: 10/03/2012)