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Case TitleSierra Club et al v. United States Department Of Energy
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv04715
Date Filed2018-08-06
Date ClosedOpen
JudgeMagistrate Judge Thomas S. Hixson
PlaintiffSierra Club
PlaintiffEnvironmental Defense Fund
Case DescriptionThe Sierra Club and the Environmental Defense Fund submitted FOIA requests to the Department of Energy for records concerning a report by the National Energy Technology Laboratory asserting that coal-fired powerplants had played a crucial role during a winter storm and that companies using coal should be reimbursed. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the Sierra Club and the Environmental Defense Fund filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department Of Energy
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-061COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against United States Department Of Energy ( Filing fee $ 400, receipt number 0971-12569871.). Filed bySierra Club, Environmental Defense Fund. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Civil Cover Sheet)(Roberts, Casey) (Filed on 8/6/2018) (Entered: 08/06/2018)
2018-08-062Proposed Summons. (Roberts, Casey) (Filed on 8/6/2018) (Entered: 08/06/2018)
2018-08-063Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at Standing orders can be downloaded from the court's web page at Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/20/2018. (as, COURT STAFF) (Filed on 8/6/2018) (Entered: 08/06/2018)
2018-08-064Certificate of Interested Entities by Sierra Club identifying Corporate Parent Sierra Club for Sierra Club. (Roberts, Casey) (Filed on 8/6/2018) (Entered: 08/06/2018)
2018-08-066Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/1/2018. Initial Case Management Conference set for 11/8/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 8/6/2018) (Entered: 08/07/2018)
2018-08-075MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12573947.) filed by Environmental Defense Fund. (Levitan, Benjamin) (Filed on 8/7/2018) (Entered: 08/07/2018)
2018-08-077Summons Issued as to United States Department Of Energy (hdjS, COURT STAFF) (Filed on 8/7/2018) (Entered: 08/07/2018)
2018-08-078ORDER by Magistrate Judge Maria-Elena James granting 5 Motion for Pro Hac Vice re Benjamin Michael Levitan. (rmm2S, COURT STAFF) (Filed on 8/7/2018) (Additional attachment(s) added on 8/7/2018: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF). (Entered: 08/07/2018)
2018-08-079Certificate of Interested Entities by Environmental Defense Fund identifying Corporate Parent Environmental Defense Fund for Environmental Defense Fund. (Levitan, Benjamin) (Filed on 8/7/2018) (Entered: 08/07/2018)
2018-08-1710CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Environmental Defense Fund.. (Levitan, Benjamin) (Filed on 8/17/2018) (Entered: 08/17/2018)
2018-08-1711CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Roberts, Casey) (Filed on 8/17/2018) (Entered: 08/17/2018)
2018-09-0412ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Thomas S Hixson for all further proceedings. Magistrate Judge Maria-Elena James no longer assigned to the case. (tnS, COURT STAFF) (Filed on 9/4/2018) (Entered: 09/04/2018)
2018-09-0613SUMMONS Returned Executed (FOIA) by Sierra Club. United States Department Of Energy served on 8/17/2018, answer due 9/17/2018. (Roberts, Casey) (Filed on 9/6/2018) (Entered: 09/06/2018)
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by FOIA Project Staff
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