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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
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [34]
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 http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. 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)
2018-09-1014STIPULATION Joint Stipulation Extending Time to Respond to Complaint filed by United States Department Of Energy. (Wall, Robin) (Filed on 9/10/2018) (Entered: 09/10/2018)
2018-09-1115CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department Of Energy.. (Wall, Robin) (Filed on 9/11/2018) (Entered: 09/11/2018)
2018-10-1916ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 10/19/2018) (Entered: 10/19/2018)
2018-10-2217ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Levitan, Benjamin) (Filed on 10/22/2018) (Entered: 10/22/2018)
2018-10-2218ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Roberts, Casey) (Filed on 10/22/2018) (Entered: 10/22/2018)
2018-10-3119ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Wall, Robin) (Filed on 10/31/2018) (Entered: 10/31/2018)
2018-10-3120STIPULATION Joint Stipulation Extending Time to Respond to Complaint filed by United States Department Of Energy. (Wall, Robin) (Filed on 10/31/2018) (Entered: 10/31/2018)
2018-11-0121JOINT CASE MANAGEMENT STATEMENT filed by United States Department Of Energy. (Wall, Robin) (Filed on 11/1/2018) (Entered: 11/01/2018)
2018-11-0222ORDER continuing Initial Case Management Conference from November 8, 2018 to January 17, 2019 10:00 AM in San Francisco, Courtroom A, 15th Floor. Case Management Statement due by 1/10/2019. Signed by Judge Thomas S. Hixson on 11/02/2018. (tshlc2S, COURT STAFF) (Filed on 11/2/2018) (Entered: 11/02/2018)
2018-12-2823ADMINISTRATIVE MOTION for Stay and Continuance filed by United States Department Of Energy. Responses due by 1/2/2019. (Attachments: # 1 Declaration of Robin M. Wall, # 2 Proposed Order)(Wall, Robin) (Filed on 12/28/2018) (Entered: 12/28/2018)
2019-01-0324ORDER by Magistrate Judge Thomas S. Hixson granting 23 Administrative Motion Continue response deadline and case management conference. The Deadline and the Case Management Conference are STAYED until after the end of the Government shutdown. (rmm2S, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)
2019-01-3125STIPULATION WITH PROPOSED ORDER Joint Stipulation regarding Scheduling; Proposed Order filed by United States Department Of Energy. (Wall, Robin) (Filed on 1/31/2019) (Entered: 01/31/2019)
2019-01-3126ORDER by Judge Thomas S. Hixson granting 25 Stipulation. Initial Case Management Conference set for 2/14/2019 10:00 AM in San Francisco, Courtroom A, 15th Floor. (tshlc2S, COURT STAFF) (Filed on 1/31/2019) (Entered: 01/31/2019)
2019-02-0127CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: The Court is unavailable on February 14, 2019, therefore the Initial Case Management Conference is rescheduled to February 21, 2019 at 10:00 a.m., in Courtroom A, 15th Floor, before Magistrate Judge Thomas S. Hixson. A Joint Case Management Statement shall be filed no later than February 14, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 2/1/2019) (Entered: 02/01/2019)
2019-02-0528Defendant's ANSWER to Complaint for Declaratory and Injunctive Relief byUnited States Department Of Energy. (Wall, Robin) (Filed on 2/5/2019) (Entered: 02/05/2019)
2019-02-1429MOTION to Appear by Telephone filed by Environmental Defense Fund. (Attachments: # 1 Proposed Order)(Levitan, Benjamin) (Filed on 2/14/2019) (Entered: 02/14/2019)
2019-02-1430CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by United States Department Of Energy. (Wall, Robin) (Filed on 2/14/2019) (Entered: 02/14/2019)
2019-02-1931ORDER: Case Management Conference continued to 5/16/2019 10:00 AM in San Francisco, Courtroom A, 15th Floor. Case Management Statement due 5/9/2019. Motion to appear by telephone denied as moot. Signed by Judge Thomas S. Hixson on 2/19/2019. (tshlc2, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)
2019-02-2532STIPULATION Joint Stipulation Regarding Scheduling filed by United States Department Of Energy. (Wall, Robin) (Filed on 2/25/2019) (Entered: 02/25/2019)
2019-05-0133MOTION to Compel Production of Documents and Enforce Joint Stipulation filed by Environmental Defense Fund, Sierra Club. Motion Hearing set for 6/6/2019 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 5/15/2019. Replies due by 5/22/2019. (Attachments: # 1 Exhibit Exhibits A, B, and C)(Matthews, Nathan) (Filed on 5/1/2019) (Entered: 05/01/2019)
2019-05-0234Discovery Order. Order DENYING 33 Motion to Compel. Signed by Judge Thomas S. Hixson on 5/2/2019. (tshlc2S, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
2019-05-02Set/Reset Hearing re 34 Discovery Order, Terminate Motions Discovery Meet and Confer set for 5/9/2019 at 11:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 5/2/2019) (Entered: 05/02/2019)
2019-05-0935JOINT CASE MANAGEMENT STATEMENT filed by United States Department Of Energy. (Wall, Robin) (Filed on 5/9/2019) (Entered: 05/09/2019)
2019-05-1636Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Further Case Management Conference held on 5/16/2019. FTR Time: 10:07-10:21. Total Time: 28 mins. Plaintiff Attorney: Casey A. Roberts, Esq., Rep. Sierra Club Benjamin M. Levinson, Esq., (appeared by telephone), Rep. Environmental Defense Fund Defendant Attorney: Robin Wall, AUSA, Rep. U.S. Dept. of Energy Proceedings: Further Case Management held. Court to issue Order and shall schedule a Further Case Management Conference at the end of July. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 5/16/2019) (Entered: 05/16/2019)
2019-05-1637PDF with attached Audio File. Court Date & Time [ 5/16/2019 10:07:49 AM ]. File Size [ 6480 KB ]. Run Time [ 00:13:30 ]. (courtspeak). (Entered: 05/16/2019)
2019-05-1638ORDER Further Case Management Conference set for 8/1/2019 10:00 AM in San Francisco, Courtroom A, 15th Floor. Case Management Statement due by 7/25/2019. Signed by Judge Thomas S. Hixson on 5/16/2019. (tshlc2S, COURT STAFF) (Filed on 5/16/2019) (Entered: 05/16/2019)
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by FOIA Project Staff
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