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Case TitleEnergy & Environment Legal Institute et al v. United States Department of State
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2015cv00423
Date Filed2015-03-30
Date Closed2017-08-28
JudgeDistrict Judge Liam O'Grady
PlaintiffEnergy & Environment Legal Institute
PlaintiffFree Market Environmental Law Clinic
Case DescriptionThe Energy & Environmental Legal Institute submitted a FOIA request to the State Department for records related to the Office of Marine Conservation. The agency acknowledged receipt of the request and granted EELI a fee waiver. EELI submitted a second FOIA request for records concerning State Department employee Day Mount. The agency acknowledged receipt of the second request and granted EELI a fee waiver. After hearing nothing further from the agency, EELI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [51]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-301COMPLAINT against United States Department of State ( Filing fee $ 400, receipt number 14683050392.), filed by Energy & Environment Legal Institute, Free Market Environmental Law Clinic. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)(dvanm, ) (Entered: 03/31/2015)
2015-03-312Summons Issued as to United States Department of State, U.S. Attorney and U.S. Attorney General (dvanm, ) (Entered: 04/01/2015)
2015-04-133NOTICE of Appearance by Chaim Eliyahu Mandelbaum on behalf of Energy & Environment Legal Institute, Free Market Environmental Law Clinic (Mandelbaum, Chaim) (Main Document 3 replaced on 4/14/2015) (dvanm, ). (Entered: 04/13/2015)
2015-04-134SUMMONS Returned Executed by Energy & Environment Legal Institute, Free Market Environmental Law Clinic. United States Department of State served on 4/1/2015, answer due 6/1/2015. (dvanm, ) (Entered: 04/14/2015)
2015-05-015NOTICE of Appearance by David Moskowitz on behalf of United States Department of State (Moskowitz, David) (Entered: 05/01/2015)
2015-05-016ANSWER to 1 Complaint, by United States Department of State.(Moskowitz, David) (Entered: 05/01/2015)
2015-05-057Financial Interest Disclosure Statement (Local Rule 7.1) by Energy & Environment Legal Institute. (Hardin, Matthew) (Entered: 05/05/2015)
2015-05-058Financial Interest Disclosure Statement (Local Rule 7.1) by Free Market Environmental Law Clinic. (Hardin, Matthew) (Entered: 05/05/2015)
2015-05-129STATUS REPORT by Energy & Environment Legal Institute and Free Market Environmental Law Clinic and by United States Department of State. (Attachments: # 1 Proposed Order)(Moskowitz, David) (Entered: 05/12/2015)
2015-05-1210ORDER - it is hereby ORDERED that the Defendant shall faithfully comply with the production schedule established in the parties' Joint Status Report; and it is further ORDERED that on or before August 28, 2015, the parties shall submit a joint status report providing a proposed schedule for resolving any remaining issues.Signed by District Judge Liam O'Grady on 5/12/15. (gwalk, ) (Entered: 05/12/2015)
2015-05-1411SCHEDULING ORDER: Initial Pretrial Conference set for 6/17/2015 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 9/17/2015 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. Discovery due by 9/11/2015. Signed by District Judge Liam O'Grady on 5/14/15. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice)(dper) (Entered: 05/19/2015)
2015-06-1012Joint Discovery Plan by United States Department of State.(Moskowitz, David) (Entered: 06/10/2015)
2015-06-1113Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that 1. Upon consideration of the representations made by the parties in submissions presented, the Court makes the following rulings: a. The Joint Proposed Discovery Plan is approved and shall control discovery to the extent of its application unless modified by the Court. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 6/11/15. (tfitz, ) (Entered: 06/11/2015)
2015-08-1014MOTION to Alter Production Schedule by United States Department of State. (Moskowitz, David) (Entered: 08/10/2015)
2015-08-1015Memorandum in Support re 14 MOTION to Alter Production Schedule filed by United States Department of State. (Attachments: # 1 DEX A, Hackett Declaration)(Moskowitz, David) (Entered: 08/10/2015)
2015-08-1016Notice of Hearing Date set for September 4, 2015 re 14 MOTION to Alter Production Schedule (Moskowitz, David) (Entered: 08/10/2015)
2015-08-12Set Deadlines as to 14 MOTION to Alter Production Schedule . Motion Hearing set for 9/4/2015 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, ) (Entered: 08/12/2015)
2015-08-12MOTIONS REFERRED to Magistrate Judge: Buchanan. 14 MOTION to Alter Production Schedule (clar, ) (Entered: 08/12/2015)
2015-08-1717Opposition to 14 MOTION to Alter Production Schedule filed by Energy & Environment Legal Institute, Free Market Environmental Law Clinic. (Hardin, Matthew) (Entered: 08/17/2015)
2015-08-1718Memorandum in Opposition re 14 MOTION to Alter Production Schedule filed by Energy & Environment Legal Institute, Free Market Environmental Law Clinic. (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)(Hardin, Matthew) (Entered: 08/17/2015)
2015-08-2419REPLY to Response to Motion re 14 MOTION to Alter Production Schedule filed by United States Department of State. (Attachments: # 1 DEX B, # 2 DEX C)(Moskowitz, David) (Entered: 08/24/2015)
2015-08-2720STATUS REPORT (Joint) by Energy & Environment Legal Institute, Free Market Environmental Law Clinic. (Attachments: # 1 Proposed Order)(Hardin, Matthew) (Entered: 08/27/2015)
2015-09-0421Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan:Motion Hearing held on 9/4/2015 re 14 MOTION to Alter Production Schedule filed by United States Department of State. Appearances of counsel. Motion is argued and GRANTED. Order to follow. (Tape #FTR.)(tfitz, ) (Entered: 09/04/2015)
2015-09-0422For reasons stated from the bench, and in accord with specific rulings and instructions thereto, it is hereby ORDERED that Defendant's Motion to Alter Production Schedule 14 is GRANTED. The parties should update this Court within ninety (90) days. Signed by Magistrate Judge Theresa Carroll Buchanan on 9/4/15. (tfitz, ) (Entered: 09/04/2015)
2015-09-0423This matter is before the Court on the parties' Joint Status Report. Having considered the Joint Status Report, and for good cause shown, it is hereby ORDERED that the final pretrial conference currently scheduled for September 14, 2015 at 10:00 a.m. is hereby vacated; and it is further ORDERED that within ten days of any ruling on the pending Motion to Alter the Production Schedule, the parties shall file a joint status report which shall include a proposed schedule for resolving the remaining issues in this case; and it is further ORDERED that discovery in this case shall not close until 30 days after the Defendant informs the Plaintiffs that it has concluded its review and produced all responsive records to the Plaintiffs. The Court takes no position at the present time on the propriety of any specific discovery requests. Signed by Magistrate Judge Theresa Carroll Buchanan on 9/4/15. (tfitz, ) (Entered: 09/04/2015)
2015-09-1424STATUS REPORT (Joint) by Energy & Environment Legal Institute, Free Market Environmental Law Clinic. (Hardin, Matthew) (Entered: 09/14/2015)
2015-12-0325NOTICE by United States Department of State Status Report (Moskowitz, David) (Entered: 12/03/2015)
2016-03-0226NOTICE by United States Department of State Status Report (Moskowitz, David) (Entered: 03/02/2016)
2016-05-3127NOTICE by United States Department of State Status Report (Moskowitz, David) (Entered: 05/31/2016)
2016-08-2928NOTICE by United States Department of State Status Report (Moskowitz, David) (Entered: 08/29/2016)
2016-11-2829NOTICE by United States Department of State Status Report (Moskowitz, David) (Entered: 11/28/2016)
2017-02-2730NOTICE of Appearance by R. Trent McCotter on behalf of United States Department of State (McCotter, R.) (Entered: 02/27/2017)
2017-02-2731NOTICE by United States Department of State Status Report (McCotter, R.) (Entered: 02/27/2017)
2017-03-0832NOTICE of Appearance by Matthew Daniel Hardin on behalf of Energy & Environment Legal Institute, Free Market Environmental Law Clinic (Hardin, Matthew) (Entered: 03/08/2017)
2017-05-1633MOTION for Summary Judgment by Energy & Environment Legal Institute. (Attachments: # 1 Exemplar A, # 2 Exemplar B, # 3 Exemplar C, # 4 Exemplar D, # 5 Exemplar E, # 6 Exemplar F, # 7 Exemplar G, # 8 Exhibit, # 9 Exhibit)(Mandelbaum, Chaim) (Entered: 05/16/2017)
2017-05-17Notice of Correction re 33 MOTION for Summary Judgment The signature block on the document does not match the user's login. The filing user has been notified and has been asked to either refile the document or to have the attorney whose signature block appears on the document refile the document. The filing user has been notified to file the document separately for each motion relief. Attorney to refile(clar, ) (Entered: 05/17/2017)
2017-05-1734MOTION for Summary Judgment by Energy & Environment Legal Institute. (Attachments: # 1 Memorandum in Support, # 2 Exemplar A, # 3 Exemplar B, # 4 Exemplar C, # 5 Exemplar D, # 6 Exemplar E, # 7 Exemplar F, # 8 Exemplar G, # 9 Exhibit, # 10 Exhibit)(Mandelbaum, Chaim) (Entered: 05/17/2017)
2017-05-18Notice of Correction re 34 MOTION for Summary Judgment filing user has been notified to file the document separately for each motion relief in the future. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (clar, ) (Entered: 05/18/2017)
2017-05-1835TRANSCRIPT of motions hearing held on 9-4-2015 before Mag. Judge Buchanan. Court reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/19/2017. Redacted Transcript Deadline set for 7/18/2017. Release of Transcript Restriction set for 8/16/2017.(linnell, norman) (Entered: 05/18/2017)
2017-05-2536Consent MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment by United States Department of State. (Attachments: # 1 Proposed Order)(McCotter, R.) (Entered: 05/25/2017)
2017-05-2537NOTICE by United States Department of State re 34 MOTION for Summary Judgment Joint Waiver of Hearing (McCotter, R.) (Entered: 05/25/2017)
2017-05-2638ORDER- it is hereby ORDERED that the Consent Motion is granted; and it is further ORDERED that on or before June 20, 2017, Defendant shall file its opposition to Plaintiff's motion for summary judgment. Signed by District Judge Liam O'Grady on 5/24/2017. (dest, ) (Entered: 05/26/2017)
2017-05-3039STATUS REPORT by United States Department of State. (McCotter, R.) (Entered: 05/30/2017)
2017-06-2040Cross MOTION for Summary Judgment by United States Department of State. (McCotter, R.) (Entered: 06/20/2017)
2017-06-2041Memorandum in Support re 40 Cross MOTION for Summary Judgment filed by United States Department of State. (Attachments: # 1 Exhibit Stein Declaration)(McCotter, R.) (Entered: 06/20/2017)
2017-06-2042Memorandum in Opposition re 34 MOTION for Summary Judgment filed by United States Department of State. (Attachments: # 1 Exhibit Stein Declaration)(McCotter, R.) (Entered: 06/20/2017)
2017-06-2043Notice of Hearing Date set for July 21, 2017 re 40 Cross MOTION for Summary Judgment (McCotter, R.) (Entered: 06/20/2017)
2017-06-21Set Deadlines as to 40 Cross MOTION for Summary Judgment . Motion Hearing set for 7/21/2017 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, ) (Entered: 06/21/2017)
2017-06-2644Consent MOTION for Extension of Time to File Response/Reply as to 42 Memorandum in Opposition by Energy & Environment Legal Institute. (Hardin, Matthew) (Entered: 06/26/2017)
2017-06-2645ORDER granting 44 Motion for Extension of Time to File Response/Reply. Signed by District Judge Liam O'Grady on 6/26/2017. (awac, ) (Entered: 06/27/2017)
2017-06-2846Rebuttal Brief re 34 MOTION for Summary Judgment filed by Energy & Environment Legal Institute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hardin, Matthew) (Entered: 06/28/2017)
2017-07-0447Opposition to 40 Cross MOTION for Summary Judgment filed by Free Market Environmental Law Clinic. (Hardin, Matthew) (Entered: 07/04/2017)
2017-07-0448Opposition to 40 Cross MOTION for Summary Judgment filed by Energy & Environment Legal Institute. (Hardin, Matthew) (Entered: 07/04/2017)
2017-07-1049REPLY to Response to Motion re 40 Cross MOTION for Summary Judgment filed by United States Department of State. (McCotter, R.) (Entered: 07/10/2017)
2017-07-19Per LO chambers motions set for 7/21/17 on the pleadings (clar, ) (Entered: 07/19/2017)
2017-08-2850STATUS REPORT by United States Department of State. (McCotter, R.) (Entered: 08/28/2017)
2017-08-2851MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 08/28/2017. (dvanm, ) (Entered: 08/30/2017)
2017-08-2852ORDER granting 40 Motion for Summary Judgment; denying 34 Motion for Summary Judgment. Signed by District Judge Liam O'Grady on 08/28/2017. (dvanm, ) (Entered: 08/30/2017)
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by FOIA Project Staff