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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]




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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

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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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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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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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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                 [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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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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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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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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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]

[END OF DOCKET: 1:97cv2154]



     

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