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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00779
Date Filed2017-04-27
Date ClosedOpen
JudgeJudge Timothy J. Kelly
Case DescriptionThe Protect Democracy Project submitted a FOIA request to the Department of Energy for records concerning communications between the agency and the Presidential Transition Team, and/or the Trump White House, pertaining to climate change. The agency acknowledged receipt of the request and in response to a query from the organization indicated that a search had been initiated. However, after hearing nothing further from the agency, the Protect Democracy Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-271COMPLAINT against U.S. DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number 0090-4930393) filed by THE PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Civil Cover Sheet)(Harrison, Lindsay) (Entered: 04/27/2017)
2017-04-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE PROTECT DEMOCRACY PROJECT, INC. (Harrison, Lindsay) (Entered: 04/27/2017)
2017-05-01Case Assigned to Judge Royce C. Lamberth. (zsb) (Entered: 05/01/2017)
2017-05-013SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 05/01/2017)
2017-05-084NOTICE of Appearance by Benjamin Leon Berwick on behalf of PROTECT DEMOCRACY PROJECT, INC. (Berwick, Benjamin) (Entered: 05/08/2017)
2017-06-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2017. (Harrison, Lindsay) (Entered: 06/02/2017)
2017-06-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/08/2017. (Harrison, Lindsay) (Entered: 06/02/2017)
2017-06-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 5/26/2017 (Harrison, Lindsay) (Entered: 06/05/2017)
2017-06-078ANSWER to 1 Complaint by U.S. DEPARTMENT OF ENERGY.(Roth, Dena) Modified to add link on 6/8/2017 (znmw). (Entered: 06/07/2017)
2017-09-15Case directly reassigned to Judge Timothy J. Kelly. Judge Royce C. Lamberth is no longer assigned to the case. (ztnr) (Entered: 09/15/2017)
2017-10-12MINUTE 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 shall 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 proposed order not later than 10/26/17. Signed by Judge Timothy J. Kelly on 10/12/2017. (lctjk1) (Entered: 10/12/2017)
2017-10-13Set/Reset Deadlines: Joint Status Report due by 10/26/2017. (kh) (Entered: 10/13/2017)
2017-10-269Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Roth, Dena) (Entered: 10/26/2017)
2017-10-27MINUTE ORDER: In light of the parties' 9 Joint STATUS REPORT dated October 26, 2017, it is hereby ORDERED that the parties shall file a joint status report proposing a schedule for further proceedings by the earlier of December 15, 2017, or fourteen days following Defendant's final release of non-exempt responsive records, unless a stipulation of dismissal is filed before that time. Signed by Judge Timothy J. Kelly on 10/27/2017. (lctjk2) (Entered: 10/27/2017)
2017-12-0110NOTICE of Appearance by Daniel J. Halainen on behalf of U.S. DEPARTMENT OF ENERGY (Halainen, Daniel) (Entered: 12/01/2017)
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by FOIA Project Staff