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Case TitleENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01743
Date Filed2014-10-17
Date Closed2015-06-02
JudgeJudge Tanya S. Chutkan
PlaintiffENERGY & ENVIRONMENT LEGAL INSTITUTE
PlaintiffFREE MARKET ENVIRONMENTAL LAW CLINIC
Case DescriptionThe Energy & Environmental Legal Institute submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning Constellation Energy and its attempt to merge with Exelon Corporation. The agency acknowledged receipt of the request and took a 10-day extension. The agency ultimately released parts of some records, withholding records under Exemption 4 (confidential business information), Exemption 5 (privileges) and Exemption 6 (invasion of privacy). EELI appealed the denial and the agency disclosed several more pages, but otherwise upheld the denial. EELI then filed another appeal of the subsequent denial and the agency upheld the denial. EELI then filed suit.
Complaint issues: Exemption 5 - Privileges, Exemption 4 - Confidential business information, Exemption 6 - Invasion of privacy, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
FERC
888 First Street, NE
Washington, DC 20426
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-171COMPLAINT E&E Legal et al. against FEDERAL ENERGY REGULATORY COMMISSION FERC ( Filing fee $ 400 receipt number 0090-3875419) filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet 14-1743 Civil cover sheet, # 2 Summons 14-1743 Summons FERC, # 3 Summons 14-1743 Summons USAG, # 4 Summons 14-1743 Summons USAO)(Horner, Christopher) (Entered: 10/17/2014)
2014-10-172LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 10/17/2014)
2014-10-173LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by FREE MARKET ENVIRONMENTAL LAW CLINIC (Horner, Christopher) (Entered: 10/17/2014)
2014-10-17Case Assigned to Judge Tanya S. Chutkan. (kb) (Entered: 10/20/2014)
2014-10-204SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 10/20/2014)
2014-11-065NOTICE Pursuant to LCvR 40.5 Concerning Relatedness by FEDERAL ENERGY REGULATORY COMMISSION (Pfaffenroth, Peter) (Entered: 11/06/2014)
2014-11-066NOTICE of Appearance by Peter C. Pfaffenroth on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Pfaffenroth, Peter) (Entered: 11/06/2014)
2014-11-067RESPONSE to Defendant LCvR 40.5 Notice filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Horner, Christopher) (Entered: 11/06/2014)
2014-11-188NOTICE PROOF OF SERVICE OF SUMMONS AND COMPLAINT by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 11/18/2014)
2014-12-039ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Pfaffenroth, Peter) (Entered: 12/03/2014)
2014-12-04MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than December 19, 2014. Signed by Judge Tanya S. Chutkan on 12/4/14. (DJS) (Entered: 12/04/2014)
2014-12-04Set/Reset Deadlines: Joint Status Report due by 12/19/2014. (sm) (Entered: 12/04/2014)
2014-12-1810STATUS REPORT (Joint) by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 12/18/2014)
2014-12-21MINUTE ORDER: Having considered the parties' joint status report 10 , it is hereby ordered that the following briefing deadlines shall apply: Defendant's Motion for Summary Judgment due February 6, 2015; Plaintiffs' Response due February 23, 2015; Defendant's Reply in support of its Motion for Summary Judgment due March 10, 2015. Signed by Judge Tanya S. Chutkan on 12/21/14. (DJS ) (Entered: 12/21/2014)
2014-12-22Set/Reset Deadlines: Summary Judgment motions due by 2/6/2015. Response to Motion for Summary Judgment due by 2/23/2015. Reply to Motion for Summary Judgment due by 3/10/2015. (sm) (Entered: 12/22/2014)
2015-01-2711Unopposed MOTION for Extension of Time to File Summary Judgment Motion by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/27/2015)
2015-01-28MINUTE ORDER: Granting 11 Unopposed Motion for Extension of Time to File Motion for Summary Judgment. Defendant shall file its motion not later than March 9,2015. Signed by Judge Tanya S. Chutkan on 1/28/15. (DJS) (Entered: 01/28/2015)
2015-01-28Set/Reset Deadlines: Summary Judgment motion due by 3/9/2015. (sm) (Entered: 01/28/2015)
2015-03-0612Consent MOTION for Extension of Time to File Summary Judgment Motion by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 03/06/2015)
2015-03-09MINUTE ORDER: Granting 12 Motion for Extension of Time. Motion for summary judgment due by March 16, 2015. Signed by Judge Tanya S. Chutkan on 3/9/2015. (lctsc2) (Entered: 03/09/2015)
2015-03-09Set/Reset Deadlines: Summary Judgment motion due by 3/16/2015. (sm) (Entered: 03/09/2015)
2015-03-1613MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of L. Tao, # 4 Exhibit s A to I, # 5 Vaughn Index)(Pfaffenroth, Peter) (Entered: 03/16/2015)
2015-04-09MINUTE ORDER TO SHOW CAUSE: On 3/16/15 Defendant filed a Motion for Summary Judgment 13 . Plaintiff has yet to respond to the motion or seek leave for an extension of time in which to respond. Not later than 5:00 pm on 4/10/15, Plaintiff shall SHOW CAUSE why Defendant's Motion should not be granted as conceded. See Local Civil Rule 7(b). Show Cause Response due by 4/10/2015. Signed by Judge Tanya S. Chutkan on 4/9/15. (DJS) (Entered: 04/09/2015)
2015-04-0914RESPONSE TO ORDER OF THE COURT re Order to Show Cause, REQUESTING MSJ NOT BE ENTERED filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Horner, Christopher) (Entered: 04/09/2015)
2015-04-0915Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment FOR GOOD CAUSE UNTIL MAY 1, 2015 by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Attachments: # 1 Text of Proposed Order Draft order to enlarge time for PLs to respond to DF MSJ)(Horner, Christopher) (Entered: 04/09/2015)
2015-04-13MINUTE ORDER: Granting 15 Consent Motion for Extension of Time to File Response. Plaintiff shall file a response by 5/1/15. Defendant shall file its reply by 5/18/15. Going forward, Plaintiff should be mindful that, notwithstanding settlement efforts, it has an obligation to file timely responses to motions consistent with the deadlines imposed in the Court's scheduling order or, in the absence of such an order, consistent with the deadlines imposed by this Court's Local Rules and the Federal Rules of Civil Procedure. The Court will look with disfavor upon any future failures to adhere to scheduling deadlines or failures to seek timely extensions of those deadlines. Responses due by 5/1/2015. Replies due by 4/15/2015. Signed by Judge Tanya S. Chutkan on 5/18/15. (DJS) Modified on 4/14/2015 (zsm). (Entered: 04/13/2015)
2015-04-14Set/Reset Deadlines: Replies due by 5/18/2015. (sm) (Entered: 04/14/2015)
2015-04-2416Consent MOTION for Extension of Time to Briefing Schedule by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 04/24/2015)
2015-04-24MINUTE ORDER: Granting 16 Consent Motion for Extension of Briefing Schedule. Plaintiffs' response due June 15, 2015. Defendant's reply brief due July 2, 2015. Signed by Judge Tanya S. Chutkan on 4/24/15. (DJS) (Entered: 04/24/2015)
2015-04-28Set/Reset Deadlines: Response due by 6/15/2015 Reply due by 7/2/2015. (zsm) (Entered: 04/28/2015)
2015-05-2917STIPULATION of Dismissal WITH PREJUDICE and STIPULATION OF SETTLEMENT by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Supplement Stipulation of Settlement)(Horner, Christopher) (Entered: 05/29/2015)
2015-06-0118ORDER OF DISMISSAL: In light of the Joint Stipulation of Dismissal filed by the parties 17 this action is hereby dismissed with prejudice. Signed by Judge Tanya S. Chutkan on 6/1/15. (DJS) (Entered: 06/01/2015)
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