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Case TitleCENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01314
Date Filed2015-08-13
Date Closed2018-04-24
JudgeJudge Amit P. Mehta
PlaintiffCENTER FOR PUBLIC INTEGRITY
Case DescriptionThe Center for Public Integrity submitted a FOIA request to the Department of Energy for records concerning a specific investigation by the Office of Inspector General. OIG indicated that there were a number of records, but produced only one document with redactions. The Center appealed the redactions and its appeal was denied in part and remanded to OIG for further processing. After OIG failed to disclose any more information consistent with the appeal, the Center filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [37]
FOIA Project Annotation: Judge Amit Mehta has ruled that the Department of Energy properly withheld records under Exemption 4 (confidential business information) concerning an Inspector General's investigation of allegations that Sandia Laboratory, run by Lockheed-Martin, improperly used government funds to pay for a lobbying scheme designed to convince the government to renew its contract without competitive bidding. The OIG investigation found Sandia had acted improperly and Sandia agreed to pay $4.7 million to resolve the alleged violations. The Center for Public Integrity requested the investigation report and all related records. OIG disclosed 71 documents. Forty-one documents were referred to the National Nuclear Security Administration, of which 39 documents were disclosed with redactions. Determining whether or not the records had been submitted voluntarily, Mehta observed that "the so-called seven-day notice letter sent here by NNSA offered Sandia no real choice�"Sandia either could produce the records 'voluntarily' or OIG would compel their production. The very real specter of government compulsion renders Sandia's production here involuntary for purposes of Exemption 4." The Center for Public Integrity argued that disclosure of the information could not cause Sandia competitive harm because it related to illegal activity. But Mehta noted that "plaintiff cites no authority for the proposition that corporate wrongdoing automatically disqualifies an agency from invoking Exemption 4 on behalf of a company. Defendant has demonstrated that, if the information at issue�"as distinct from the misconduct itself�"was disclosed, that disclosure would likely harm Sandia's competitive position with respect to future bids for government contracts and negotiations for consultant services." He rejected Sandia's claim that an email was privileged under Exemption 4, but gave it an opportunity to supplement its affidavit. Turning to the agency's claims under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records), Mehta pointed out that the degree of privacy protection for employees depended on (1) the seniority of the employee, (2) the employee's relative degree of culpability, (3) the seriousness of the misconduct, and (4) the level of public awareness of the employee's identity and actions. While OIG had divided its redactions under Exemption 7(C) into three categories, Mehta found the categories too broad to make relevant distinctions. Allowing the agency to supplement its affidavit based on his observations, Mehta indicated that "this is not to say that Defendant may not group employees together when appropriate. Such a grouping, however, must be accompanied by an attestation that the declarant has considered the individual characteristics of each employee within the group and that the facts common to those employees, such as their level of employment and relative roles in Sandia's illegal lobbying activities, tilt the balancing in favor of non-disclosure." In contrast to the descriptions supplied by OIG under Exemption 7(C), Mehta found that NNSA's affidavit claiming Exemption 6 "contains a level of detail about lower-level employee conduct that is lacking in the [OIG declaration]."
Issues: Exemption 4 - Confidential business information, Exemption 4 - Competitive harm
Opinion/Order [51]
FOIA Project Annotation: Judge Amit Mehta has ruled that email communications between Sandia National Laboratory and its legal counsel at Lockheed Martin are protected by Exemption 4 (confidential business information) and that the Department of Energy appropriately redacted personal information pertaining to individuals involved in an OIG investigation of Sandia's attempt to improperly lobby for a no-bid extension of Lockheed Martin's contract to operate the laboratory under Exemption 7(C) (invasion of privacy concerning law enforcement records), but to the extent that Sandia disclosed more information than required under both exemptions, that information was now public and no longer subject to an exemption. OIG published its report in 2014, finding Sandia had acted inappropriately and making a series of recommendations that DOE accepted. The Justice Department also fined Sandia $4.7 million to settle alleged violations of the Byrd Amendment and the False Claims Act. The Center for Public Integrity requested all records pertaining to the OIG investigation of Sandia. In an earlier decision, Mehta resolved all the issues, but the Exemption 4 privilege claim and the scope of the Exemption 7(C) claims. After the agency provided supplemental affidavits, he found he was now able to resolve those issues as well. The Center for Public Integrity argued that Sandia had waived its claim that the emails were privileged by disclosing the emails to OIG. Mehta agreed, noting that "although not publicly disclosed at first, Defendant produced the OIG Report to Plaintiff without redacting references to the e-mail communications, yet Sandia did not complain to Defendant about the release. Sandia's silence in the face of public revelation of its privileged communications is fatal to Defendant's invocation of Exemption 4." DOE claimed that sharing the emails with OIG did not waive the privilege under the common interest doctrine. But Mehta pointed out that "Sandia and OIG did not have 'substantially identical' interests at the time Sandia disclosed the emails. In fact, they had diametrically opposed interests: OIG was investigating the illegal expenditures of taxpayer funds by Sandia, and Sandia denied any wrongdoing. The fact that Sandia and Defendant now claim to have 'substantially identical interests' in this litigation cannot resurrect a privilege that Sandia waived long ago." Mehta then assessed whether the emails could be considered commercially confidential. While in his previous decision, Mehta has noted that the agency had the power to compel Sandia to provide records about its lobbying scheme, "the same cannot be said of Sandia's privileged attorney-client communications. OIG could not have compelled Sandia to produce those e-mail chains; that Sandia did so was a voluntary act." Using the Critical Mass test for voluntary submissions, Mehta found the emails constituted information Sandia would not customarily disclose to others. But Mehta pointed out that some portions of the emails had been made public in the OIG report. He indicated that "defendant cannot, however, rely on Exemption 4 to redact the portions of the e-mails that OIG officially acknowledged through release into the public domain." Turning to the Exemption 7(C) claims, Mehta explained that Sandia had disclosed the names of employees that OIG had redacted. Assessing the disclosures' impact on the 7(C) claim he observed that disclosures by components of the same agency constituted public acknowledgment. He noted that "thus, [the National Nuclear Safety Administration's] disclosures trigger an official acknowledgment waiver on behalf of other DOE subcomponents, including OIG." He added that "if an unredacted document released by NNSA is directly discussed or quoted in a released OIG record, such as the OIG Report, then Defendant can no longer rely on Exemption 7(C) to protect the identity of persons who appear in both records." With that caveat, Mehta found the agency's Exemption 7(C) claims appropriate. He rejected the Center for Public Integrity's claim that disclosure of employees' identities was in the public interest. Mehta pointed out that "Plaintiff here does not explain how releasing the names of Sandia employees will get Plaintiff any closer to learning whether OIG pulled its punches or, for that matter, anything else about the investigation."
Issues: Exemption 4 - Confidential business information, Exemption 7(C) - Invasion of privacy concerning law enforcement records
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-131COMPLAINT against U.S. DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number 0090-4209785) filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons to Attorney General, # 4 Summons to U.S. Attorney)(Smith, Peter) (Entered: 08/13/2015)
2015-08-132LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR PUBLIC INTEGRITY (Smith, Peter) (Entered: 08/13/2015)
2015-08-13Case Assigned to Judge Amit P. Mehta. (md) (Entered: 08/14/2015)
2015-08-143SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/14/2015)
2015-08-244RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/18/2015. Answer due for ALL FEDERAL DEFENDANTS by 9/17/2015. (Attachments: # 1 Exhibit Postal Return Receipt, # 2 Exhibit USPS Tracking Information)(Smith, Peter) (Entered: 08/24/2015)
2015-08-245RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 8/17/2015 (Attachments: # 1 Exhibit Postal Return Receipt)(Smith, Peter) (Entered: 08/24/2015)
2015-08-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/18/2015. (Attachments: # 1 Exhibit Postal Return Receipt, # 2 Exhibit USPS Tracking Information)(Smith, Peter) (Entered: 08/24/2015)
2015-09-187Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF ENERGY (Graham-Oliver, Heather) (Entered: 09/18/2015)
2015-09-21MINUTE ORDER granting 7 Defendant's Consent Motion for Extension of Time. Defendant shall file an answer or other response to Plaintiff's Complaint on or before October 1, 2015. Signed by Judge Amit P. Mehta on 09/21/2015. (lcapm3) (Entered: 09/21/2015)
2015-09-21Set/Reset Deadlines/Hearings: Answer or other response to complaint due by 10/1/2015. (cdw) (Entered: 09/22/2015)
2015-10-018ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY.(Graham-Oliver, Heather) (Entered: 10/01/2015)
2015-10-029ORDER. Both a complaint and an answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report not later than October 16, 2015. Please see the attached Order for additional details. Signed by Amit P. Mehta on 10/02/2015. (lcapm1) (Entered: 10/02/2015)
2015-10-02Set/Reset Deadlines/Hearings: Joint Status Report due by 10/16/2015. (cdw) (Entered: 10/02/2015)
2015-10-1610Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 10/16/2015)
2015-10-2011ORDER setting the following schedule for further proceedings: Defendant shall complete its production of responsive records on or before November 16, 2015; Defendant shall produce to Plaintiff its Vaughn Index on or before December 7, 2015; the parties shall confer regarding the Vaughn Index on or before December 14, 2015; Defendant's Motion for Summary Judgment, if any, is due on or before January 14, 2016; Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment, if any, are due on or before February 15, 2016; Defendant's Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, are due on or before February 29, 2016; Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion for Summary Judgment, if any, is due on or before March 8, 2016. Please see attached Order for additional details. Signed by Judge Amit P. Mehta on 10/20/2015. (lcapm2) (Entered: 10/20/2015)
2015-10-20Set/Reset Deadlines/Hearings: Vaughn Index due by 12/7/2015. Defendants Summary Judgment motion due by 1/14/2016. Response to Motion for Summary Judgment due by 2/15/2016. Reply to Motion for Summary Judgment due by 2/29/2016. Plaintiffs Cross Motion due by 2/15/2016. Response to Cross Motion due by 2/29/2016. Reply to Cross Motion due by 3/8/2016. (cdw) (Entered: 10/20/2015)
2015-11-1612MOTION for Extension of Time to Amend Scheduling Order by U.S. DEPARTMENT OF ENERGY (Graham-Oliver, Heather) (Entered: 11/16/2015)
2015-11-1713Memorandum in opposition to re 12 MOTION for Extension of Time to Amend Scheduling Order filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 11/17/2015)
2015-11-1814ORDER re: 12 Defendant's Motion to Amend Scheduling Order. The court will grant Defendant additional time to complete production, but not the full amount of time requested. Defendant shall make a rolling release of documents as follows: First set: December 1, 2015; Second set: December 11, 2015; Third set: December 22, 2015. Upon completion of the production, the parties shall meet and confer and file a joint status report on or before December 29, 2015, that (1) confirms completion of the production, and (2) proposes a schedule for further proceedings in this matter. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/18/2015. (lcapm3) (Entered: 11/18/2015)
2015-11-18Set/Reset Deadlines/Hearings: Joint Status Report due by 12/29/2015. (cdw) (Entered: 11/20/2015)
2015-12-1115MOTION to Amend/Correct Set/Reset Deadlines/Hearings Regarding Rolling Production of Documents by U.S. DEPARTMENT OF ENERGY (Graham-Oliver, Heather) (Entered: 12/11/2015)
2015-12-1116NOTICE OF FILING HAMBLEN DECLARATION by U.S. DEPARTMENT OF ENERGY re 15 MOTION to Amend/Correct Set/Reset Deadlines/Hearings Regarding Rolling Production of Documents (Attachments: # 1 Declaration Hamblen Decl.)(Graham-Oliver, Heather) (Entered: 12/11/2015)
2015-12-14MINUTE ORDER re: 15 Defendant's Motion for Amendment of November Scheduling Order. Defendant's request to extend the production deadline for the Second Set of documents from December 11, 2015 to December 15, 2015 is hereby granted. As to Defendant's request to extend the time until December 24, 2015, to produce the third set of materials, Defendant is directed to notify the court on or before December 17, 2015, as to whether Sandia National Laboratories/Sandia Corporation has agreed to a waiver of the seven-day notice period. Signed by Judge Amit P. Mehta on 12/14/2015. (lcapm3) (Entered: 12/14/2015)
2015-12-1717NOTICE by U.S. DEPARTMENT OF ENERGY re Order on Motion to Amend/Correct,, (Graham-Oliver, Heather) (Entered: 12/17/2015)
2015-12-18MINUTE ORDER: In view of the 17 Notice filed by Defendant on December 17, 2015, Defendant shall complete its production, except for the four pages identified in the Notice, on or before December 22, 2015. Defendant shall produce the remaining four pages as soon as possible thereafter. Upon completion of production, but in no event later than January 8, 2016, the parties shall meet and confer and file a joint status report that (1) confirms completion of the production, and (2) proposes a schedule for further proceedings in this matter. Signed by Judge Amit P. Mehta on 12/18/2015. (lcapm3) (Entered: 12/18/2015)
2015-12-18Set/Reset Deadlines/Hearings: Joint Status Report due by 1/8/2016. (cdw) (Entered: 12/21/2015)
2016-01-0818Joint STATUS REPORT by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 01/08/2016)
2016-01-11MINUTE ORDER entering the following schedule for further proceedings, as proposed by the parties in their 18 Joint Status Report: (1) Defendant shall produce its Vaughn index to Plaintiff by February 8, 2016; (2) the Parties shall confer regarding the Vaughn index by February 16, 2016; (3) Defendant's Motion for Summary Judgment shall be filed by February 29, 2016; (4) Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed by March 25, 2016; (5) Defendant's Reply and Opposition shall be filed by April 8, 2016; and (6) Plaintiff's Reply shall be filed by April 22, 2016. Signed by Judge Amit P. Mehta on 01/11/2016. (lcapm3) (Entered: 01/11/2016)
2016-01-11Set/Reset Deadlines/Hearings: Vaughn Index due by 2/8/2016. Defendant's Summary Judgment motion due by 2/29/2016. Response to Motion for Summary Judgment due by 3/25/2016. Reply to Motion for Summary Judgment due by 4/8/2016. Plaintiff's Cross Motion due by 3/25/2016. Response to Cross Motion due by 4/8/2016. Reply to Cross Motion due by 4/22/2016. (cdw) (Entered: 01/12/2016)
2016-02-0819MOTION to Amend/Correct Order,, Scheduling Order and Status Report by U.S. DEPARTMENT OF ENERGY (Graham-Oliver, Heather) (Entered: 02/08/2016)
2016-02-09MINUTE ORDER modifying the schedule. The February 8, 2016 and February 16, 2016 deadlines are hereby vacated. The remaining deadlines specified in the court's January 11, 2016 Minute Order shall remain in effect, unless later modified by the court. Signed by Judge Amit P. Mehta on 02/09/2016. (lcapm3) (Entered: 02/09/2016)
2016-02-2920Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 02/29/2016)
2016-03-01MINUTE ORDER granting, nunc pro tunc to February 29, 2016, 20 Unopposed Motion for Extension of Time. Defendant's Motion for Summary Judgment shall be filed by March 3, 2016. The remaining deadlines specified in the court's January 11, 2016 Minute Order shall remain in effect, unless later modified by the court. Signed by Judge Amit P. Mehta on 03/01/2016. (lcapm3) (Entered: 03/01/2016)
2016-03-01Set/Reset Deadlines: Summary Judgment motion due by 3/3/2016. (zmm) (Entered: 03/01/2016)
2016-03-0321Second MOTION for Extension of Time to File Motion For Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/03/2016)
2016-03-04MINUTE ORDER granting, nunc pro tunc to March 3, 2016, 21 Second Motion for Extension of Time. Defendant shall file its Motion for Summary Judgment on or before March 8, 2016. The remaining deadlines specified in the court's January 11, 2016 Minute Order shall remain in effect, unless later modified by the court. Signed by Judge Amit P. Mehta on 03/04/2016. (lcapm3) (Entered: 03/04/2016)
2016-03-0822MOTION for Partial Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Declaration of Adrienne Martin, # 2 Exhibit 1 and 2 to Martin Declaration)(Graham-Oliver, Heather) (Entered: 03/08/2016)
2016-03-0823MOTION for Extension of Time to File NNSA's Motion for Partial Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/08/2016)
2016-03-0924NOTICE Of filing Exhibit 3 to the Martin Declaration by U.S. DEPARTMENT OF ENERGY re 22 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit 3)(Graham-Oliver, Heather) (Entered: 03/09/2016)
2016-03-10MINUTE ORDER granting 23 National Nuclear Security Administration's (NNSA) Motion for an Extension of Time. NNSA shall file its Motion for Partial Summary Judgment on or before March 15, 2016. Signed by Judge Amit P. Mehta on 03/10/2016. (lcapm3) (Entered: 03/10/2016)
2016-03-10Set/Reset Deadlines/Hearings: NNSA's Motion for Partial Summary Judgment due by 3/15/2016. (zcdw) (Entered: 03/11/2016)
2016-03-1525MOTION for Extension of Time to File NNSA's Motion for Partial Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/15/2016)
2016-03-16MINUTE ORDER granting 25 NNSA's Motion for Extension of Time. NNSA shall file its Motion for Partial Summary Judgment on or before April 14, 2016. No further extensions shall be granted absent extraordinary circumstances. Upon the filing of Defendant's Second Motion for Partial Summary Judgment, the parties shall meet and confer and propose a schedule for the remaining briefing. Plaintiff shall file a consolidated opposition to both of Defendant's Partial Motions for Summary Judgment. Signed by Judge Amit P. Mehta on 03/16/2016. (lcapm3) (Entered: 03/16/2016)
2016-03-16Set/Reset Deadlines/Hearings: NNSA's Motion for partial summary judgment due by 4/14/2016. (cdw) (Entered: 03/18/2016)
2016-04-1426MOTION for Partial Summary Judgment NNSA by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Affidavit Eanes Declaration, # 2 Affidavit Hamblen Declaration)(Graham-Oliver, Heather) (Entered: 04/14/2016)
2016-04-1527NOTICE OF FILING EXHIBITS by U.S. DEPARTMENT OF ENERGY re 26 MOTION for Partial Summary Judgment NNSA (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L)(Graham-Oliver, Heather) (Entered: 04/15/2016)
2016-04-2028Joint MOTION for Scheduling Order by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 04/20/2016)
2016-04-21MINUTE ORDER granting 28 Joint Motion for Scheduling Order. Plaintiff shall file its Opposition to Defendant's Motions for Partial Summary Judgment and Cross-Motion for Summary Judgment on or before April 28, 2016; Defendant shall file its Reply and Opposition on or before May 19, 2016; and Plaintiff shall file its Reply, if any, by May 26, 2016. Signed by Judge Amit P. Mehta on 04/21/2016. (lcapm3) (Entered: 04/21/2016)
2016-04-21Set/Reset Deadlines/Hearings: Response to Motion for Partial Summary Judgment due by 4/28/2016. Reply to Motion for Partial Summary Judgment due by 5/19/2016. Cross Motion due by 4/28/2016. Response to Cross Motion due by 5/19/2016. Reply to Cross Motion due by 5/26/2016. (cdw) (Entered: 04/22/2016)
2016-04-2829Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motions for Partial Summary Judgment by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 04/28/2016)
2016-04-29MINUTE ORDER granting, nunc pro tunc to April 28, 2016, 29 Consent Motion for Extension of Time to File Response. It is further ordered that Plaintiff's Cross Motion for Summary Judgment and Opposition to Defendant's Motions for Partial Summary Judgment shall be filed on or before April 29, 2016. Signed by Judge Amit P. Mehta on 04/29/2016. (lcapm1) Modified on 5/2/2016 (cdw). (Entered: 04/29/2016)
2016-04-2930Cross MOTION for Summary Judgment by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G)(Smith, Peter) (Entered: 04/29/2016)
2016-04-2931Memorandum in opposition to re 22 MOTION for Partial Summary Judgment , 26 MOTION for Partial Summary Judgment NNSA filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 04/29/2016)
2016-05-1932Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Partial Summary Judgment , 30 Cross MOTION for Summary Judgment , 26 MOTION for Partial Summary Judgment NNSA by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 05/19/2016)
2016-05-19MINUTE ORDER granting 32 Defendant's Consent Motion for Extension of Time to File its Opposition and Reply in Support of its Motion for Summary Judgment. Defendant's Opposition and Reply shall be due on or before May 23, 2016. Plaintiff's Reply shall be due on or before May 31, 2016. Signed by Judge Amit P. Mehta on 05/19/2016. (lcapm3) (Entered: 05/19/2016)
2016-05-2333REPLY to opposition to motion re 22 MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF ENERGY. (Graham-Oliver, Heather) Modified link on 5/24/2016 (znmw). (Entered: 05/23/2016)
2016-05-2334Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF ENERGY. (See Docket Entry 33 to view document). (znmw) (Entered: 05/24/2016)
2016-05-3135REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment filed by CENTER FOR PUBLIC INTEGRITY. (Attachments: # 1 Exhibit H)(Smith, Peter) (Entered: 05/31/2016)
2016-08-3036NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of U.S. DEPARTMENT OF ENERGY Substituting for attorney Heather Graham-Oliver (Whitaker, Claire) (Entered: 08/30/2016)
2017-01-1737MEMORANDUM OPINION AND ORDER granting in part and denying in part 22 and 26 Defendant's Motions for Summary Judgment and denying in part 30 Plaintiff's Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 01/17/2017. (lcapm2) (Main Document 37 replaced on 1/17/2017) (zcdw). (Entered: 01/17/2017)
2017-02-2238MOTION for Extension of Time to submit Supplemental Declarations and Joint Status Report by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/22/2017)
2017-02-23MINUTE ORDER. Plaintiff's Opposition, if any, to 38 Defendant's Motion for Extension of Time shall be due on or before March 1, 2017. Signed by Judge Amit P. Mehta on 02/23/2017. (lcapm3) (Entered: 02/23/2017)
2017-02-23Set/Reset Deadlines/Hearings: Response to 38 due by 3/1/2017. (cdw) (Entered: 02/24/2017)
2017-03-0139Consent MOTION for Scheduling Order by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Text of Proposed Order)(Smith, Peter) (Entered: 03/01/2017)
2017-03-0140RESPONSE re 38 MOTION for Extension of Time to submit Supplemental Declarations and Joint Status Report filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 03/01/2017)
2017-03-01MINUTE ORDER granting 39 Plaintiff's Consent Motion for Scheduling Order. The schedule for further proceedings in this matter shall be as follows: Defendant's Renewed Motion for Summary Judgment shall be filed on or before March 31, 2017; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be filed on or before April 7, 2017; Defendant's Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before April 17, 2017; Plaintiff's Reply shall be filed on or before April 27, 2017. Signed by Judge Amit P. Mehta on 03/01/2017. (lcapm2) (Entered: 03/01/2017)
2017-03-01MINUTE ORDER denying as moot 38 Defendant's Motion for Extension of Time. Signed by Judge Amit P. Mehta on 03/01/2017. (lcapm2) (Entered: 03/01/2017)
2017-03-02Set/Reset Deadlines: Defendant's Renewed Motion For Summary Judgment due by 3/31/2017. Plaintiff's Opposition and Cross-Motion For Summary Judgment due by 4/7/2017. Defendant's Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment due by 4/17/2017. Plaintiff's Opposition and Cross-Motion For Summary Judgment due by 4/27/2017. (mac) (Entered: 03/02/2017)
2017-03-3141MOTION for Summary Judgment (Renewed) by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Declaration 1 (Suppl. Decl. of Adrienne Martin), # 2 Declaration 2 (Suppl. Decl. of James Eanes), # 3 Declaration 3 (Suppl. Decl. of Christina Hamblen), # 4 Statement of Facts, # 5 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/31/2017)
2017-04-0742Cross MOTION for Summary Judgment by CENTER FOR PUBLIC INTEGRITY (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Smith, Peter) (Entered: 04/07/2017)
2017-04-0743Memorandum in opposition to re 41 MOTION for Summary Judgment (Renewed) filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 04/07/2017)
2017-04-1744Memorandum in opposition to re 42 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Statement of Facts (addressing Plaintiff's Statement of Undisputed Facts), # 2 Text of Proposed Order)(Whitaker, Claire) (Entered: 04/17/2017)
2017-04-1745REPLY to opposition to motion re 41 MOTION for Summary Judgment (Renewed) filed by U.S. DEPARTMENT OF ENERGY. (Whitaker, Claire) (Entered: 04/17/2017)
2017-04-26MINUTE ORDER: On April 21, 2017, the Court of Appeals issued a ruling in Citizens for Responsibility and Ethics in Washington (CREW) v. United States Department of Justice (DOJ), No. 16-5138, 2017 WL 1422487 (D.C. Cir. Apr. 21, 2017). A portion of that decision concerns the application of FOIA Exemptions 6 and 7(C) to withhold the names of individuals referenced in agency files, a topic that is relevant to this case. Plaintiff's Reply brief is due tomorrow, April 27, 2017. After that brief is filed, the parties may file a supplemental brief, not longer than five pages, that addresses the impact of CREW v. DOJ on the parties' respective positions. Any supplemental brief shall be filed no later than May 10, 2017. Signed by Judge Amit P. Mehta on 04/26/2017. (lcapm1) (Entered: 04/26/2017)
2017-04-2746REPLY to opposition to motion re 42 Cross MOTION for Summary Judgment (Renewed) filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 04/27/2017)
2017-05-1047SUPPLEMENTAL MEMORANDUM to re 41 MOTION for Summary Judgment (Renewed) (per Order of the Court) filed by U.S. DEPARTMENT OF ENERGY. (Whitaker, Claire) (Entered: 05/10/2017)
2017-05-1048SUPPLEMENTAL MEMORANDUM to re 42 Cross MOTION for Summary Judgment (Renewed) filed by CENTER FOR PUBLIC INTEGRITY. (Smith, Peter) (Entered: 05/10/2017)
2017-11-14MINUTE ORDER setting oral argument on the motions in this case for December 15, 2017, at 2:30 p.m., in Courtroom 10. Signed by Judge Amit P. Mehta on 11/14/2017. (lcapm1) (Entered: 11/14/2017)
2017-11-14Set/Reset Deadlines/Hearings: Oral Argument set for 12/15/2017 at 2:30 PM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 11/17/2017)
2017-12-15MINUTE ORDER. After additional consideration of the issues raised at the oral argument held on this date, the court believes it would be beneficial to conduct an in camera review of the March 21, 2004, and May 20, 2010, e-mails. See ECF No. 27-7. Defendants shall produce the e-mails to the court for in camera review on or before December 19, 2017. Signed by Judge Amit P. Mehta on 12/15/2017. (lcapm1) (Entered: 12/15/2017)
2017-12-15Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 12/15/2017 re 41 , 42 re cross Motions for Summary Judgment. Motions heard and taken under advisement. (Court Reporter: William Zaremba.) (zcdw) (Entered: 12/19/2017)
2017-12-1949NOTICE (Defendant's Notice of Submission for In Camera Review) by U.S. DEPARTMENT OF ENERGY re Order, (Whitaker, Claire) (Entered: 12/19/2017)
2017-12-2850NOTICE of Filing of Unredacted Version of Email chain May 20, 2010 and March 21, 2004 by U.S. DEPARTMENT OF ENERGY re Order, (Whitaker, Claire) (Entered: 12/28/2017)
2018-01-1251MEMORANDUM OPINION re: Defendant's 41 Renewed Motion for Summary Judgment and Plaintiff's 42 Renewed Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 01/12/2018. (lcapm1) (Entered: 01/12/2018)
2018-01-1252ORDER: For the reasons stated in the 51 Memorandum Opinion, the court grants in part and denies in part Defendant's 41 Renewed Motion for Summary Judgment and grants in part and denies in part Plaintiff's 42 Renewed Cross-Motion for Summary Judgment. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 01/12/2018. (lcapm1) (Entered: 01/12/2018)
2018-01-17MINUTE ORDER. Pursuant to Local Civil Rule 54.2(a), the parties shall meet and confer in an attempt to reach an agreement on fee issues. This Minute Order shall act as an extension of time to file a motion for fees under Fed. R. Civ. P. 54(d)(2)(B). A status hearing in this matter is set for March 19, 2018, at 9:30 a.m. in Courtroom 10. In the event the parties reach a resolution on fees before that date, they shall notify the court. Signed by Judge Amit P. Mehta on 01/17/2018. (lcapm1) (Entered: 01/17/2018)
2018-01-17Set/Reset Deadlines/Hearings: Status Conference set for 3/19/2018 at 9:30 AM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 01/17/2018)
2018-03-1553Consent MOTION to Vacate Order, , Consent MOTION to Continue status hearing set for March 19, 2018 by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/15/2018)
2018-03-15MINUTE ORDER granting Defendant's 53 Consent Motion to Vacate and Reschedule Status Hearing. The status conference previously scheduled for March 19, 2018, will now be held on April 4, 2018, at 2:00 p.m. in Courtroom 10. In the event the parties reach a resolution on fees before that date, they shall notify the court. This Minute Order shall act as an extension of time to file a motion for fees under Fed. R. Civ. P. 54(d)(2)(B). Signed by Judge Amit P. Mehta on 03/15/2018. (lcapm1) (Entered: 03/15/2018)
2018-03-15Set/Reset Deadlines/Hearings: Status Conference reset for 4/4/2018 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 03/18/2018)
2018-03-3054Consent MOTION to Vacate and Reschedule April 4, 2018 status hearing by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/30/2018)
2018-04-02MINUTE ORDER granting Defendant's 54 Consent Motion to Vacate and Reschedule Status Hearing of April 4, 2018. The status hearing previously scheduled for April 4, 2018, will now be held on April 24, 2018, at 10:00 a.m. in Courtroom 10. This Minute Order shall act as an extension of time to file a motion for fees under Fed. R. Civ. P. 54(d)(2)(B). Signed by Judge Amit P. Mehta on 04/02/2018. (lcapm1) (Entered: 04/02/2018)
2018-04-02Set/Reset Deadlines/Hearings: Status Conference reset for 4/24/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zcdw) (Entered: 04/04/2018)
2018-04-2355NOTICE of Settlement Notice of Filing of Stipulation of Settlement and Dismissal and Request to Vacate 4/24/18 Hearing by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Stipulation of Settlement and Dismissal)(Whitaker, Claire) (Entered: 04/23/2018)
2018-04-23MINUTE ORDER. In light of the parties' 55 Notice of Settlement and Stipulation of Dismissal, the court hereby vacates the status hearing previously scheduled for April 24, 2018. Signed by Judge Amit P. Mehta on 04/23/2018. (lcapm1) (Entered: 04/23/2018)
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