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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02900
Date Filed2018-12-11
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionThe Competitive Enterprise Institute submitted a FOIA request to the Department of Energy for records concerning a tax credit for capturing carbon dioxide. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-111COMPLAINT against DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number 0090-5833163) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons District Attorney, # 4 Summons Department of Energy)(Watkins, Charles) (Entered: 12/11/2018)
2018-12-12Case Assigned to Judge Reggie B. Walton. (zsb) (Entered: 12/12/2018)
2018-12-122SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/12/2018)
2018-12-213RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/17/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 1/16/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 12/17/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/17/2018. (Watkins, Charles) (Entered: 12/21/2018)
2019-01-164Unopposed MOTION to Stay , Unopposed MOTION for Extension of Time to All Deadlines by UNITED STATES DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/16/2019)
2019-01-18MINUTE ORDER. Upon consideration of the 4 Unopposed Motion to Stay Proceedings and for Extension of Time in Light of Lapse in Appropriations, and for good cause shown, it is hereby ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the government seeks to vacate the impending deadlines in this case. The motion is DENIED in all other respects. It is further ORDERED that the impending deadlines in this case are VACATED pending further Order of the Court. It is further ORDERED that, on or before January 28, 2019, the parties shall file a joint status report regarding how this case shall proceed. Signed by Judge Reggie B. Walton on January 18, 2019. (lcrbw3) (Entered: 01/18/2019)
2019-01-18Set/Reset Deadlines: Joint Status Report due by 1/28/2019 (hs) (Entered: 01/18/2019)
2019-01-23MINUTE ORDER. In light of the continued lapse in appropriations, it is hereby ORDERED that the previously imposed deadline for filing a joint status report on or before January 28, 2019, is VACATED. It is further ORDERED that, on or before fourteen days after appropriations have been restored, the parties shall file a joint status report proposing new deadlines in this case. Signed by Judge Reggie B. Walton on January 23, 2019. (lcrbw3) (Entered: 01/23/2019)
2019-02-075NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney AUSA Peter C. Pfaffenroth (Hendry, Melanie) (Entered: 02/07/2019)
2019-02-086PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF ENERGY. (Hendry, Melanie) Modified event title on 2/8/2019 (znmw). (Entered: 02/08/2019)
2019-02-087ENTERED IN ERROR.....PROPOSED BRIEFING SCHEDULE by UNITED STATES DEPARTMENT OF ENERGY; (See docket entry no. 6 to view.) (ztd) Modified to enter in error as a duplicate of 6 on 2/8/2019 (znmw). (Entered: 02/08/2019)
2019-02-14MINUTE ORDER. Upon consideration of the parties' 6 Proposed Schedule, and for good cause shown, it is hereby ORDERED that, on or before February 22, 2019, the defendant shall file its response to the plaintiff's Complaint. It is further ORDERED that, on or before March 1, 2019, the parties shall file a joint status report regarding the defendant's progress in processing the FOIA request at issue in this case. Signed by Judge Reggie B. Walton on February 14, 2019. (lcrbw3) (Entered: 02/14/2019)
2019-02-14Set/Reset Deadlines: Answer to the complaint due by 2/22/2019, Joint Status Report due by 3/1/2019 (hs) (Entered: 02/14/2019)
2019-02-228ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Hendry, Melanie) (Entered: 02/22/2019)
2019-03-019Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Hudak, Brian) (Entered: 03/01/2019)
2019-03-05MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before May 1, 2019, the parties shall file a joint status report regarding the defendant's progress in processing the FOIA request at issue in this case. Signed by Judge Reggie B. Walton on March 5, 2019. (lcrbw3) (Entered: 03/05/2019)
2019-03-05Set/Reset Deadlines: joint status report regarding the defendant's progress in processing the FOIA request at issue due by 5/1/2019 (hs) (Entered: 03/05/2019)
2019-04-0910GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on April 9, 2019. (lcrbw3) (Entered: 04/09/2019)
2019-04-3011Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Hendry, Melanie) (Entered: 04/30/2019)
2019-05-03MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before June 20, 2019, the parties shall submit to the Court a joint status report apprising the Court of the status of the defendant's progress in processing the plaintiff's request and proposing a schedule for how this case should proceed. Signed by Judge Reggie B. Walton on May 3, 2019. (lcrbw3) (Entered: 05/03/2019)
2019-05-06Set/Reset Deadlines: Joint Status Report due by 6/20/2019 (hs) (Entered: 05/06/2019)
2019-06-2012Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Hendry, Melanie) (Entered: 06/20/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Reggie B. Walton is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-0713NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-08-13MINUTE ORDER. In light of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by August 23, 2019. Signed by Judge Carl J. Nichols on August 13, 2019. (lccjn1) (Entered: 08/13/2019)
2019-08-14Set/Reset Deadlines: Additional Joint Status Report due by 8/23/2019. (mac) (Entered: 08/14/2019)
2019-08-2314Joint STATUS REPORT by COMPETITIVE ENTERPRISE INSTITUTE. (Watkins, Charles) (Entered: 08/23/2019)
2019-08-27MINUTE ORDER. In light of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by October 31, 2019. Signed by Judge Carl J. Nichols on August 27, 2019. (lccjn1) (Entered: 08/27/2019)
2019-08-27Set/Reset Deadlines/Hearings: Joint Status Report due by 10/31/2019. (zcdw) (Entered: 08/28/2019)
2019-10-3015Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Moustakas, John) (Entered: 10/30/2019)
2019-10-31MINUTE ORDER. In light of the Parties' 15 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before January 6, 2020. Signed by Judge Carl J. Nichols on October 31, 2019. (lccjn3) (Entered: 10/31/2019)
2019-10-31Set/Reset Deadlines/Hearings: Joint Status Report due by 1/6/2020. (zcdw) (Entered: 11/04/2019)
2020-01-0716Joint STATUS REPORT by COMPETITIVE ENTERPRISE INSTITUTE. (Watkins, Charles) (Entered: 01/07/2020)
2020-01-16MINUTE ORDER. In light of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before March 6, 2020. Signed by Judge Carl J. Nichols on January 16, 2020. (lccjn3) (Entered: 01/16/2020)
2020-01-16Set/Reset Deadlines/Hearings: Joint Status Report due by 3/6/2020. (zcdw) (Entered: 01/21/2020)
2020-03-0917Joint STATUS REPORT by COMPETITIVE ENTERPRISE INSTITUTE. (Watkins, Charles) (Entered: 03/09/2020)
2020-03-11MINUTE ORDER. In light of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before May 1, 2020. Signed by Judge Carl J. Nichols on March 11, 2020. (lccjn3) (Entered: 03/11/2020)
2020-03-11Set/Reset Deadlines/Hearings: Joint Status Report due by 5/1/2020. (zcdw) (Entered: 03/11/2020)
2020-05-0118Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Moustakas, John) (Entered: 05/01/2020)
2020-05-05MINUTE ORDER. In light of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report on or before July 1, 2020. Signed by Judge Carl J. Nichols on May 5, 2020. (lccjn3) (Entered: 05/05/2020)
2020-05-05Set/Reset Deadlines/Hearings: Joint Status Report due by 7/1/2020. (zcdw) (Entered: 05/05/2020)
2020-06-2919Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Moustakas, John) (Entered: 06/29/2020)
2020-07-03MINUTE ORDER. In light of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties shall file a Stipulation of Dismissal or an additional Joint Status Report on or before August 31, 2020. Signed by Judge Carl J. Nichols on July 3, 2020. (lccjn3) (Entered: 07/03/2020)
2020-07-03Set/Reset Deadlines: Joint Status Report due by 8/31/2020. (zcal) (Entered: 07/07/2020)
2020-07-0720STIPULATION of Dismissal by COMPETITIVE ENTERPRISE INSTITUTE. (Watkins, Charles) (Entered: 07/07/2020)
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