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Case TitleENERGY FUTURE COALITION et al v. OFFICE OF MANAGEMENT AND BUDGET et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01987
Date Filed2015-11-11
Date Closed2017-05-31
JudgeJudge Colleen Kollar-Kotelly
PlaintiffENERGY FUTURE COALITION
PlaintiffURBAN AIR INITIATIVE, INC.
Case DescriptionThe Energy Future Coalition and the Urban Air Initiative submitted a FOIA request to OMB for records concerning tailpipe emissions, air toxics, aromatic hydrocarbons and other airborne particulate materials. The agency did not respond to their request and the Energy Future Coalition and the Urban Air Initiative filed suit.
Complaint issues: Litigation - Vaughn index, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantOFFICE OF INFORMATION AND REGULATORY AFFAIRS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [31]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has granted OMB an Open America stay to process a request from the Energy Future Coalition after finding the Coalition's request had overwhelmed the agency's ability to process the number of responsive records within the statutory time limits. The Energy Future Coalition submitted a request to OMB and the Office of Information and Regulatory Affairs at OMB for records pertaining to tailpipe emissions, air toxins, and other particulate matter from January 2009 to May 2010. Several months later, a paralegal from OMB contacted counsel for the Coalition to discuss possibly narrowing the scope of the request. The paralegal told the Coalition's counsel that she would touch base with her supervisor. After hearing nothing further from the agency, the Coalition filed suit. After it began processing the request, OMB located 4,900 potentially responsive emails and suggested it could review them at a rate of 500 per month. OMB also indicated it would exclude attachments to emails and that the Coalition could request any of those attachments after OMB had reviewed the emails to which they were attached. OMB said if the Coalition requested a Vaughn Index, it would be able to furnish one within 60 days after such a request. In response, the Coalition urged the agency to process its request more rapidly. At that time, OMB filed a motion with the court for an Open America stay. Kollar-Kotelly found OMB had shown that exceptional circumstances existed and that the agency was exercising due diligence in addressing its backlog. She noted that "OMB has faced a significant increase in the number of FOIA requests, which has resulted in a growing backlog in the processing of such requests. At present, OMB is in litigation in two other FOIA cases and is in the process of reviewing approximately 68 additional FOIA requests. Of these 68 requests, 27 of them predate Plaintiffs' FOIA request and concern complex matters and/or comprise significant numbers of documents. OMB has only two full-time employees devoted to processing FOIA requests. According to the agency's declaration, OMB's staff is able to review only 575 documents per day to keep up with current requests as well as ongoing litigation. In light of the foregoing, the Court finds that OMB has demonstrated that 'exceptional circumstances' exist, and that OMB is burdened with an 'unanticipated number of FOIA requests' and its 'resources are inadequate to process the requests within the time limits set forth in the statute.'" She found the agency was exercising due diligence as well. She noted the OMB had completed its review of approximately 2,000 of the 4,900 potentially responsive emails. She observed that "at its current staffing capacity, OMB is able to review approximately 575 documents per day, or approximately 12,650 documents per month. If OMB were to allocate its resources evenly across those 28 [complex] requests, OMB would be reviewing, on average, approximately 450 documents per request each month´┐Ż"slightly less than the 500 documents per month that OMB is reviewing in response to Plaintiffs' FOIA request. In light of the foregoing, the Court finds that OMB is making 'reasonable progress' in reducing the backlog of FOIA requests." Based on the number of emails remaining, Kollar-Kotelly granted the agency a six-month stay.
Issues: Delay - Stay of proceedings
Opinion/Order [37]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has declined to reconsider her earlier ruling finding that OMB was entitled to an Open America stay in processing a request from the Energy Future Coalition that required the agency to review 4900 emails. Kollar-Kotelly found that the agency could not process the request more quickly than the rate of 500 emails per month to which the agency had originally committed itself. The Energy Future Coalition argued that Kollar-Kotelly had not taken into account OMB's failure to follow up on a phone conversation its staff had had with the Coalition's counsel. But Kollar-Kotelly noted that neither side had followed up on the conversation and that "the 2015 phone call appears to be nothing more than a good-faith mistake in communication, insufficient to alter the Court's finding that OMB has met its burden of showing that it has exercised due diligence in responding to Plaintiffs' FOIA request." The Future Energy Coalition also insisted that OMB's FOIA staff had since doubled. But Kollar-Kotelly pointed out that the agency's full-time staff remained the same. Instead, the agency had hired a contractor to work on reducing its backlog of requests from 2013-2014. Because the contractor was not working on requests received during the time period of the Coalition's request, his efforts were not relevant to the agency's ability to respond to the Coalition's request more rapidly. However, Kollar-Kotelly noted that the contractor's efforts to clear up earlier cases might ultimately affect the staff's ability to process the Coalition's request more rapidly. She pointed out that "there is a reasonable expectation that in the upcoming months, the number of 'complex' requests pre-dating Plaintiffs' FOIA request will decrease, which could enable the agency to dedicate more resources to responding to Plaintiffs' request."
Issues: Delay - Stay of proceedings, Delay - Unusual circumstances
User-contributed Documents
 Complaint
Def.'s Answer
Memorandum Opinion
Order
Order Denying Reconsideration
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-111COMPLAINT against All Plaintiffs against All Defendants ( Filing fee $ 400 receipt number 0090-4312224) filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Corporate Disclosure Statement, # 4 Summons)(Gustafson, Adam) (Entered: 11/11/2015)
2015-11-112REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. Related document: 1 Complaint, filed by URBAN AIR INITIATIVE, INC., ENERGY FUTURE COALITION. (Attachments: # 1 Summonses (4))(Gustafson, Adam) (Entered: 11/11/2015)
2015-11-113LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by URBAN AIR INITIATIVE, INC. (jf) (Entered: 11/13/2015)
2015-11-134SUMMONS Issued Electronically as to OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (jf) (Entered: 11/13/2015)
2015-11-135ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on November 13, 2015. (NS) (Entered: 11/13/2015)
2015-11-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF INFORMATION AND REGULATORY AFFAIRS served on 11/18/2015; OFFICE OF MANAGEMENT AND BUDGET served on 11/18/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/17/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/17/2015.) (Attachments: # 1 Exhibit)(Gustafson, Adam) (Entered: 11/24/2015)
2015-12-097NOTICE of Appearance by Heather D. Graham-Oliver on behalf of OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET (Graham-Oliver, Heather) (Entered: 12/09/2015)
2015-12-158Consent MOTION for Extension of Time to File Answer re 1 Complaint, by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET (Graham-Oliver, Heather) (Entered: 12/15/2015)
2015-12-169ORDER granting Defendants' 8 Motion for Extension of Time to File Answer. Defendants shall file their Answer by January 19, 2016. Signed by Judge Colleen Kollar-Kotelly on 12/16/2015. (lcckk1) (Entered: 12/16/2015)
2015-12-16Set/Reset Deadlines: Answer due by 1/19/2016. (dot) (Entered: 12/16/2015)
2016-01-1910ANSWER to Complaint by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET.(Graham-Oliver, Heather) (Entered: 01/19/2016)
2016-01-2011ORDER. It is hereby ORDERED that the parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address (1) the status of Plaintiff's FOIA request, (2) a proposed briefing schedule, if any, (3) the anticipated number of documents responsive to Plaintiff's FOIA request, (4) the anticipated date(s) for release of the documents requested by Plaintiff, (5) whether a motion for an Open America stay is likely in this case, and (6) whether a Vaughn index will be required in this case. The parties shall file the schedule not later than FEBRUARY 22, 2016. Signed by Judge Colleen Kollar-Kotelly on 1/20/2016. (lcckk1) (Entered: 01/20/2016)
2016-01-20Set/Reset Deadlines: Joint schedule due by 2/22/2016. (dot) (Entered: 01/24/2016)
2016-02-2212Joint STATUS REPORT AND PROPOSED SCHEDULE by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 02/22/2016)
2016-02-23MINUTE ORDER(Paperless). Upon review of the parties' 12 Joint Status Report and Proposed Schedule, it is hereby ORDERED that by FEBRUARY 25, 2016, the parties shall MEET AND CONFER to establish a mutually agreeable document production schedule; that by FEBRUARY 29, 2016, OMB will file a status report containing a proposed document production schedule and addressing whether a motion for an Open America stay is necessary; and that by MARCH 7, 2016, the parties shall submit a proposed briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 2/23/2016. (lcckk1) (Entered: 02/23/2016)
2016-02-23Set/Reset Deadlines: Joint proposed briefing schedule due by 3/7/2016. (dot) (Entered: 03/01/2016)
2016-02-2913Proposed STATUS REPORT AND REQUEST TO AMEND SCHEDULING ORDER by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Graham-Oliver, Heather) (Entered: 02/29/2016)
2016-03-01MINUTE ORDER(Paperless). Upon review of Defendants' 13 Status Report and Request to Amend Scheduling Order, it is hereby ORDERED that the deadlines set out in the Minute Order issued on February 23, 2016 are AMENDED such that (1) OMB shall file a status report containing a proposed document production schedule on MARCH 9, 2016 and (2) the parties shall submit a proposed briefing schedule by MARCH 11, 2016. Signed by Judge Colleen Kollar-Kotelly on 3/1/2016. (lcckk1) (Entered: 03/01/2016)
2016-03-01Set/Reset Deadlines: Parties proposed briefing schedule due by 3/11/2016. OMB's Status Report due by 3/9/2016. (dot) (Entered: 03/01/2016)
2016-03-0914STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Graham-Oliver, Heather) (Entered: 03/09/2016)
2016-03-1115PROPOSED BRIEFING SCHEDULE re Order, by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Graham-Oliver, Heather) (Entered: 03/11/2016)
2016-03-1616MOTION for Scheduling Order Concerning FOIA Document Production by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 03/16/2016)
2016-03-2817Consent MOTION for Extension of Time to file Cross Motion and Response to Plaintiffs' Motion for Document Production Schedule (for two weeks) by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 03/28/2016)
2016-03-2918ORDER granting Defendant's 17 Motion for Extension of Time to File Cross-Motion and Opposition. Signed by Judge Colleen Kollar-Kotelly on 3/29/2016. (lcckk1) (Entered: 03/29/2016)
2016-03-29Set/Reset Deadlines: Defendant's Cross Motions due by 4/14/2016. Response to Cross Motions due by 4/28/2016. Reply to Cross Motions due by 5/5/2016. (dot) (Entered: 03/30/2016)
2016-04-1219Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Scheduling Order Concerning FOIA Document Production by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Text of Proposed Order)(Graham-Oliver, Heather) (Entered: 04/12/2016)
2016-04-1320ORDER granting 19 Consent Motion for Extension of Time for a one-week extension of the briefing schedule. Defendants' Cross Motion addressing Plaintiffs' Motion for Document Production, ECF No. 16, which cross-Motion may include a request for an Open America stay due by 4/21/2016. Response to Cross Motion due by 5/5/2016. Reply to Cross Motions due by 5/12/2016. Signed by Judge Colleen Kollar-Kotelly on 4/13/16. (dot) (Entered: 04/13/2016)
2016-04-2121Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION for Scheduling Order Concerning FOIA Document Production by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET (Graham-Oliver, Heather) (Entered: 04/21/2016)
2016-04-2222ORDER granting Defendant's 21 Consent Motion for Extension of Time to File Opposition to Plaintiffs' Motion for Document Production Schedule. Defendant shall file its Opposition on or before April 25, 2016. Signed by Judge Colleen Kollar-Kotelly on 4/22/2016. (lcckk1) (Entered: 04/22/2016)
2016-04-2523RESPONSE re 16 MOTION for Scheduling Order Concerning FOIA Document Production filed by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Affidavit Exhibit A)(Graham-Oliver, Heather) (Entered: 04/25/2016)
2016-05-0524REPLY to opposition to motion re 16 MOTION for Scheduling Order Concerning FOIA Document Production and OPPOSITION to OMB's MOTION for Open America Stay filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Attachments: # 1 Exhibit)(Gustafson, Adam) (Entered: 05/05/2016)
2016-06-2825NOTICE OF SUBSTITUTION OF COUNSEL by Michael Benjamin Posner on behalf of OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Heather D. Graham-Oliver (Posner, Michael) (Entered: 06/28/2016)
2016-07-06MINUTE ORDER (Paperless). The Court is in receipt of the parties' filings regarding their proposed production schedules. Upon review of the parties' filings, it appears to the Court that Plaintiffs' FOIA request is not at the front of the line in OMB's "first-in, first-out" system of processing FOIA requests, and that OMB is spending approximately one day per month on Plaintiffs' FOIA request. However, it is unclear precisely where Plaintiffs' FOIA request falls on the list of requests being processed by OMB. It is also unclear whether, under OMB's "first-in, first-out" system, OMB processes each FOIA request in its entirety before it processes the subsequent FOIA request, or whether OMB apportions its resources each month to process a range of FOIA requests. The parties' briefs also indicate that OMB produced 384 documents to Plaintiffs in OMB's initial production on April 11, 2016. The Court would find it useful to know how many additional documents have been produced by OMB to Plaintiffs since that production. In light of the foregoing, it is hereby ORDERED that Defendants file, by no later than JULY 13, 2016, a Notice with the Court indicating (1) how many FOIA requests being processed by OMB predate Plaintiffs' request; (2) how OMB is apportioning its resources to process FOIA requests other than Plaintiffs' request; (3) how many of the 4900 emails identified as potentially responsive to Plaintiffs' FOIA request have been reviewed to date; and (4) how many documents have been produced to Plaintiffs to date. Signed by Judge Colleen Kollar-Kotelly on 7/6/2016. (lcckk1) (Entered: 07/06/2016)
2016-07-1326ENTERED IN ERROR.....NOTICE OF FILING by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET re Order. (Posner, Michael) Modified on 7/14/2016 (znmw). (Entered: 07/13/2016)
2016-07-13MINUTE ORDER (Paperless) re Defendants' 26 Notice. The Court is in receipt of Defendants' 26 Notice, which indicates that Defendants have adopted a "multi-track processing system", under which OMB now places FOIA requests into one of three queues: (1) simple, (2) complex, and (3) expedited. However, Defendants' Notice fails to indicate the queue into which Plaintiff's FOIA Request has been placed. In light of the foregoing, it is hereby ORDERED that Defendants file, by no later than July 14, 2016, at 12:00 PM, a Supplemental Notice indicating the queue into which Plaintiff's FOIA Request has been placed. Signed by Judge Colleen Kollar-Kotelly on 7/13/2016. (lcckk1) (Entered: 07/13/2016)
2016-07-1327RESPONSE re 26 Notice (Other) of Filing filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 07/13/2016)
2016-07-14NOTICE OF ERROR re 26 Notice (Other); emailed to michael.posner@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect header/caption/case number, 2. Please refile document, 3. ENTERED IN ERROR; Incorrect case number; Please refile. (znmw, ) (Entered: 07/14/2016)
2016-07-1428NOTICE OF FILING by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET re Order,,,,,, (Posner, Michael) (Entered: 07/14/2016)
2016-07-1429NOTICE OF FILING by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET re Order,, (Posner, Michael) (Entered: 07/14/2016)
2016-07-2530ORDER. For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that the Court shall GRANT Defendants' 23 Motion for an Open America stay and shall DENY the relief requested by Plaintiffs in their 16 Motion for Scheduling Order; it is FURTHER ORDERED that the Court shall stay the proceedings in this matter for six months, until January 25, 2017; it is FURTHER ORDERED that OMB shall continue to review 500 documents per month and shall produce any responsive documents each month until it has produced all responsive documents that it has gathered; it is FURTHER ORDERED that OMB shall exclude attachments to emails from the search for responsive documents, without prejudice to Plaintiffs' right to receive within 60 days the responsive attachments, subject to applicable FOIA exemptions, upon request following Plaintiffs' review of the email(s) to which they were attached; it is FURTHER ORDERED that in the event that Plaintiffs request that OMB provide a Vaughn Index for any documents produced prior to OMB completing production of all responsive documents, OMB shall provide Plaintiffs with a Vaughn Index within a reasonable period of time, not more than 60 days, following such request; it is FURTHER ORDERED that the Court shall require OMB to file a status report with the Court on or before September 23, 2016--60 days after the filing of this Memorandum Opinion--regarding OMB's progress in processing Plaintiffs' FOIA request; it is FURTHER ORDERED that the Court shall require OMB to file a second status report with the Court on or before December 22, 2016--90 days after the first status report--regarding OMB's progress in processing Plaintiffs' FOIA request. Signed by Judge Colleen Kollar-Kotelly on 7/25/2016.(lcckk1) (Entered: 07/25/2016)
2016-07-2531MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 7/25/2016. (lcckk1) (Entered: 07/25/2016)
2016-07-2732MOTION for Reconsideration re 30 Order on Motion for Scheduling Order,,,,,,, by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. (Gustafson, Adam) (Entered: 07/27/2016)
2016-07-27MINUTE ORDER (Paperless). The Court is in receipt of Plaintiffs' 32 Motion for Reconsideration. It is hereby ORDERED that Defendants shall file their response to Plaintiffs' motion by AUGUST 5, 2016 and that Plaintiffs shall file their reply, if necessary, by AUGUST 12, 2016. Defendants' response should address the arguments made by Plaintiffs in their Motion for Reconsideration and should not simply cite back to the Court's decisions in this case. Defendants' response should further clarify which employees are devoted to processing FOIA requests and whether they are devoted to FOIA matters in a full-time or part-time capacity. Defendants' response should also further clarify whether OMB's FOIA staffing capacity has changed since April 2016. Signed by Judge Colleen Kollar-Kotelly on 7/27/2016. (lcckk1) (Entered: 07/27/2016)
2016-07-28Set/Reset Deadlines: Defendants shall file their response to Plaintiffs' motion by 8/5/2016 and that Plaintiffs shall file their reply, if necessary, 8/12/2016. (kt) (Entered: 07/28/2016)
2016-08-0533Memorandum in opposition to re 32 MOTION for Reconsideration re 30 Order on Motion for Scheduling Order,,,,,,, filed by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration)(Posner, Michael) (Entered: 08/05/2016)
2016-08-1234REPLY to opposition to motion re 32 MOTION for Reconsideration re 30 Order on Motion for Scheduling Order,,,,,,, filed by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 08/12/2016)
2016-08-1335NOTICE OF ERRATA by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC. re 34 Reply to opposition to Motion (Attachments: # 1 Corrected Reply in Support of Motion for Reconsideration of Order Granting Open America Stay)(Gustafson, Adam) (Entered: 08/13/2016)
2016-08-1936ORDER. For the reasons stated in the accompanying Memorandum Opinion -- as well as the Court's 31 Memorandum Opinion issued on July 25, 2016, which has been fully incorporated into the accompanying Memorandum Opinion -- it is hereby ORDERED that the Court shall DENY Plaintiffs' 32 Motion for Reconsideration; it is FURTHER ORDERED that OMB shall provide in its next status report -- due on September 23, 2016 -- a status update describing the agency's progress in reducing the backlog of requests presently facing the agency, and a description of the impact, if any, that it will have on the agency's ability to allocate more resources to responding to Plaintiffs' request. Signed by Judge Colleen Kollar-Kotelly on 8/19/2016. (lcckk1) (Entered: 08/19/2016)
2016-08-1937MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on 8/19/2016. (lcckk1) (Entered: 08/19/2016)
2016-08-19Set/Reset Deadlines: OMB Status Report due by 9/23/2016. (dot) (Entered: 08/19/2016)
2016-09-2338STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Posner, Michael) (Entered: 09/23/2016)
2016-11-0339NOTICE OF SUBSTITUTION OF COUNSEL by Christopher Charles Hair on behalf of OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET Substituting for attorney Michael B. Posner (Hair, Christopher) (Entered: 11/03/2016)
2016-12-2240Second STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Hair, Christopher) (Entered: 12/22/2016)
2016-12-22MINUTE ORDER. The Court is in receipt of Defendants' 40 Second Status Report. Defendants represent that they have made several productions to Plaintiffs over the past months and will make their next production of records to Plaintiffs on or about January 10, 2017. Defendants shall file a status report regarding their progress in processing Plaintiffs' FOIA request by no later than January 23, 2017. Signed by Judge Colleen Kollar-Kotelly on 12/22/2016. (lcckk3) (Entered: 12/22/2016)
2016-12-22Set/Reset Deadlines: Defendants' Status Report due by 1/23/2017. (dot) (Entered: 12/23/2016)
2017-01-2341STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration Declaration of Dionne Hardy)(Hair, Christopher) (Entered: 01/23/2017)
2017-01-24MINUTE ORDER. The Court is in receipt of Defendants' 41 Third Status Report. Defendants represent that since their last status report on December 22, 2016, OMB has made its tenth production to Plaintiffs, and anticipates making its next production on or about February 10, 2017. Defendants shall file a status report regarding their progress in processing Plaintiffs' FOIA request by no later than February 24, 2017. Signed by Judge Colleen Kollar-Kotelly on 1/24/2017. (lcckk3) (Entered: 01/24/2017)
2017-01-24Set/Reset Deadlines: Defendant shall file Status Report by 2/24/2017. (dot) (Entered: 01/30/2017)
2017-02-2442STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration of Dionne Hardy)(Hair, Christopher) (Entered: 02/24/2017)
2017-02-27MINUTE ORDER. The Court is in receipt of Defendants' 42 Fourth Status Report. Defendants represent that since their last status report on January 23, 2017, OMB has made its eleventh production to Plaintiffs, and anticipates making its next production on or about March 10, 2017. Defendants shall file a status report regarding their progress in processing Plaintiffs' FOIA request by no later than March 24, 2017. Signed by Judge Colleen Kollar-Kotelly on 2/27/2017. (lcckk3) (Entered: 02/27/2017)
2017-02-27Set/Reset Deadlines: Defendants' Status Report due by 3/24/2017. (dot) (Entered: 02/27/2017)
2017-03-2443STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration of Sarah Spooner)(Hair, Christopher) (Entered: 03/24/2017)
2017-03-27MINUTE ORDER. The Court is in receipt of Defendants' 43 Fifth Status Report. Defendants represent that since their last status report on February 24, 2017, OMB has made its twelfth production to Plaintiffs, and anticipates making its next production on or about April 10, 2017. Defendants shall file a status report regarding their progress in processing Plaintiffs' FOIA request by no later than April 24, 2017. Signed by Judge Colleen Kollar-Kotelly on 3/27/2017. (lcckk3) (Entered: 03/27/2017)
2017-03-27Set/Reset Deadlines: Defendants' Status Report due by 4/24/2017. (dot) (Entered: 03/27/2017)
2017-04-2444STATUS REPORT by OFFICE OF INFORMATION AND REGULATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration of Dionne Hardy)(Hair, Christopher) (Entered: 04/24/2017)
2017-04-25MINUTE ORDER. The Court is in receipt of Defendants' 44 Sixth Status Report. Defendants represent that the OMB has made its thirteenth and final production of responsive, non-exempt records to Plaintiffs and has now completed its response to Plaintiff's FOIA request. The parties are ORDERED to file a Joint Status Report by no later than MAY 1, 2017, indicating whether further litigation will be necessary in this matter and, if so, how the parties propose to proceed. Signed by Judge Colleen Kollar-Kotelly on 4/25/2017. (lcckk3) (Entered: 04/25/2017)
2017-04-25Set/Reset Deadlines: Joint Status Report due by 5/1/2017. (dot) (Entered: 04/25/2017)
2017-05-0145Joint STATUS REPORT by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 05/01/2017)
2017-05-02MINUTE ORDER. The Court is in receipt of the parties' 45 Joint Status Report. The parties represent that OMB has made its thirteenth and final production of responsive, non-exempt records to Plaintiffs and has stated that it has now completed its response to Plaintiff's FOIA request. The parties represent that Plaintiffs are reviewing their options for resolving this FOIA dispute, and that the parties will work together in good faith to narrow any issues to be litigated. The parties request leave to file another status report no later than May 26, 2017. Accordingly, the Court ORDERS the parties to file another Joint Status Report by no later than MAY 26, 2017, indicating whether further litigation will be necessary in this matter and, if so, how the parties propose to proceed. Signed by Judge Colleen Kollar-Kotelly on 5/2/2017. (lcckk3) (Entered: 05/02/2017)
2017-05-02Set/Reset Deadlines: Joint Status Report due by 5/26/2017. (dot) (Entered: 05/03/2017)
2017-05-2646Joint STATUS REPORT by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 05/26/2017)
2017-05-2647STIPULATION of Dismissal JOINT STIPULATION OF DISMISSAL by ENERGY FUTURE COALITION, URBAN AIR INITIATIVE, INC.. (Gustafson, Adam) (Entered: 05/26/2017)
2017-05-3148ORDER Dismissing Case. Signed by Judge Colleen Kollar-Kotelly on 5/31/2017. (lcckk3) (Entered: 05/31/2017)
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