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Case TitleNISKANEN CENTER v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00125
Date Filed2019-01-18
Date Closed2020-01-15
JudgeJudge James E. Boasberg
PlaintiffNISKANEN CENTER
Case DescriptionThe Niskanen Center submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning property owners identified by the Atlantic Coast Pipeline in a specific agency docket. The Niskanen Center also requested a fee waiver. The agency acknowledged receipt of the request but redacted identifying information under Exemption 6 (invasion of privacy). The Niskanen Center filed an administrative appeal, but after hearing nothing further from the agency, the Niskanen Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
AppealD.C. Circuit 20-5028
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-181COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 400, receipt number 4616096374) filed by NISKANEN CENTER. (Attachments: # 1 Civil Cover Sheet)(ztd) (Entered: 01/23/2019)
2019-01-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NISKANEN CENTER (ztd) (Entered: 01/23/2019)
2019-01-18SUMMONS (3) Issued as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 01/23/2019)
2019-01-183NOTICE OF RELATED CASE by NISKANEN CENTER. Case related to Case No. 18-1224 in USCA for DC. (ztd) (Entered: 01/23/2019)
2019-01-304REQUEST FOR SUMMONS TO ISSUE filed by NISKANEN CENTER. (Attachments: # 1 Summons Request DC AG, # 2 Summons Request US AG)(Gibson, Megan) (Entered: 01/30/2019)
2019-01-315SUMMONS (3) Reissued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (tth) (Entered: 01/31/2019)
2019-02-086NOTICE of Appearance by Scott Leeson Sroka on behalf of All Defendants (Sroka, Scott) (Entered: 02/08/2019)
2019-02-087RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ENERGY REGULATORY COMMISSION served on 2/4/2019 (Attachments: # 1 Proof of Service)(Gibson, Megan) (Entered: 02/08/2019)
2019-02-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/04/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/4/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 3/6/2019.) (See Docket Entry 7 to view document) (jf) (Entered: 02/11/2019)
2019-02-11NOTICE OF ERROR re 7 Summons Returned Executed as to Federal Defendant; emailed to m.gibson.esquire@gmail.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Document incomplete/illegible, 2. DO NOT REFILE - Counsel is reminded to docket/file all parts of their pleading (zjf, ) (Entered: 02/11/2019)
2019-03-069ANSWER to 1 Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Sroka, Scott) (Entered: 03/06/2019)
2019-03-07MINUTE ORDER: The parties shall confer and submit a joint proposed briefing schedule by March 21, 2019. So ORDERED by Judge James E. Boasberg on 3/7/2019. (lcjeb1) (Entered: 03/07/2019)
2019-03-07Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 3/21/2019. (znbn) (Entered: 03/07/2019)
2019-03-2010PROPOSED BRIEFING SCHEDULE by FEDERAL ENERGY REGULATORY COMMISSION. (Sroka, Scott) (Entered: 03/20/2019)
2019-03-20MINUTE ORDER ADOPTING 10 Proposed Briefing Schedule. The Court ORDERS that: 1) Defendants' Motion for Summary Judgment shall be due by May 20, 2019; 2) Plaintiff's Cross-Motion and Opposition shall be due by July 19, 2019; 3) Defendants' Reply and Opposition shall be due by August 19, 2019; and 4) Plaintiff's Reply, if any, shall be due by September 18, 2019. So ORDERED by Judge James E. Boasberg on 3/20/2019. (lcjeb1) (Entered: 03/20/2019)
2019-03-20Set/Reset Deadlines: Summary Judgment motions due by 5/20/2019. Response to Motion for Summary Judgment due by 7/19/2019. Reply to Motion for Summary Judgment due by 8/19/2019. Responses due by 9/18/2019. (lsj) (Entered: 03/20/2019)
2019-05-2011MOTION for Summary Judgment and Supporting Memorandum by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Statement of Facts, # 2 Declaration of Leonard M. Tao, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Sroka, Scott) (Entered: 05/20/2019)
2019-07-1912MOTION for Summary Judgment by NISKANEN CENTER (Attachments: # 1 Exhibit M. Gibson Declaration, # 2 Exhibit P. White Declaration, # 3 Text of Proposed Order, # 4 Certificate of Service)(Gibson, Megan) (Entered: 07/19/2019)
2019-07-1913RESPONSE re 11 MOTION for Summary Judgment and Supporting Memorandum filed by NISKANEN CENTER. (Attachments: # 1 Exhibit M. Gibson Declaration, # 2 Exhibit P. White Declaration, # 3 Text of Proposed Order, # 4 Certificate of Service)(Gibson, Megan) (Entered: 07/19/2019)
2019-08-1614MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment and Supporting Memorandum by FEDERAL ENERGY REGULATORY COMMISSION (Sroka, Scott) (Entered: 08/16/2019)
2019-08-16MINUTE ORDER: The Court ORDERS that Defendant shall file a Notice by August 20, 2019, setting forth Plaintiff's position on the pending 14 Motion. So ORDERED by Judge James E. Boasberg on 8/16/2019. (lcjeb3) (Entered: 08/16/2019)
2019-08-16Set/Reset Deadlines: Defendant shall file a Notice by 8/20/2019. (znbn) (Entered: 08/20/2019)
2019-08-2015NOTICE in Response to Court Order by FEDERAL ENERGY REGULATORY COMMISSION re Order (Sroka, Scott) (Entered: 08/20/2019)
2019-08-20MINUTE ORDER GRANTING Defendant's 14 Motion for Extension of Time. Defendant shall file its Reply on or before 8/30/2019. So ORDERED by Judge James E. Boasberg on 08/20/2019. (lcjeb2) (Entered: 08/20/2019)
2019-08-20Set/Reset Deadlines: Replies due by 8/30/2019. (znbn) (Entered: 08/20/2019)
2019-08-2216Consent MOTION for Extension of Time to File Response/Reply by NISKANEN CENTER (Gibson, Megan) (Entered: 08/22/2019)
2019-08-22MINUTE ORDER GRANTING Consent 16 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file its Reply by 10/2/2019. So ORDERED by Judge James E. Boasberg on 08/22/2019. (lcjeb2) (Entered: 08/22/2019)
2019-08-22Set/Reset Deadlines: Replies due by 10/2/2019. (znbn) (Entered: 08/22/2019)
2019-08-3017Consent MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Summary Judgment and Supporting Memorandum by FEDERAL ENERGY REGULATORY COMMISSION (Sroka, Scott) (Entered: 08/30/2019)
2019-08-30MINUTE ORDER GRANTING Consent 17 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Reply by September 6, 2019, and Plaintiff shall file its Reply by October 7, 2019. So ORDERED by Judge James E. Boasberg on 08/30/2019. (lcjeb1) (Entered: 08/30/2019)
2019-08-30Set/Reset Deadlines: Defendant Reply due by 9/6/2019. Plaintiff Reply due by 10/7/2019. (znbn) (Entered: 08/30/2019)
2019-09-0618REPLY to opposition to motion re 11 MOTION for Summary Judgment and Supporting Memorandum filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Exhibit A)(Sroka, Scott) (Entered: 09/06/2019)
2019-09-0619Memorandum in opposition to re 12 MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Exhibit A)(Sroka, Scott) (Entered: 09/06/2019)
2019-10-0220Consent MOTION for Extension of Time to File Response/Reply by NISKANEN CENTER (Gibson, Megan) (Entered: 10/02/2019)
2019-10-02MINUTE ORDER GRANTING Consent 20 Motion for Extension of Time. The Court ORDERS that Plaintiff shall file its Reply by October 14, 2019. So ORDERED by Judge James E. Boasberg on 10/2/2019. (lcjeb1) (Entered: 10/02/2019)
2019-10-02Set/Reset Deadlines: Replies due by 10/14/2019. (nbn) (Entered: 10/03/2019)
2019-10-1421REPLY to re 19 Memorandum in Opposition, 18 Reply to opposition to Motion filed by NISKANEN CENTER. (Attachments: # 1 Exhibit FERC OVERSIGHT FOIA RESPONSE)(Gibson, Megan); Modified event and text on 10/15/2019 (ztth). (Entered: 10/14/2019)
2019-11-19MINUTE ORDER: The Court ORDERS that the parties shall appear on December 3, 2019, at 11:00 a.m. for a hearing on the Cross-Motions for Summary Judgment. The Court is particularly interested in whether redactions here could achieve a compromise that satisfies both sides; for example, would a list containing initials or partial addresses suffice? Both sides should be prepared to address this issue. So ORDERED by Judge James E. Boasberg on 11/19/2019. (lcjeb1) (Entered: 11/19/2019)
2019-11-19Set/Reset Hearings: Motion Hearing set for 12/3/2019 at 11:00 AM in Courtroom 25A before Judge James E. Boasberg. (nbn) (Entered: 11/19/2019)
2019-12-03MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that the parties shall submit a joint status report by December 17, 2019, indicating any agreement on redacted disclosure of the property-owner lists. So ORDERED by Judge James E. Boasberg on 12/3/2019. (lcjeb1) (Entered: 12/03/2019)
2019-12-03Minute Entry for proceedings held before Judge James E. Boasberg: Motion Hearing held on 12/3/2019 on the Cross-Motions for Summary Judgment. Oral arguments heard. (Court Reporter Lisa Griffith) (nbn) (Entered: 12/03/2019)
2019-12-03Set/Reset Deadlines: Joint Status Report due by 12/17/2019. (nbn) (Entered: 12/03/2019)
2019-12-03Set/Reset Deadlines: Joint Status Report due by 12/17/2019. (nbn) (Entered: 12/04/2019)
2019-12-1722Joint STATUS REPORT by NISKANEN CENTER. (Attachments: # 1 Exhibit Exhibit 1 - Pl. Ltr to FERC)(Gibson, Megan) (Entered: 12/17/2019)
2020-01-1523ORDER: The Court ORDERS that: 1) Plaintiff's 12 Motion for Summary Judgment is DENIED; 2) Defendant's 11 Motion for Summary Judgment is GRANTED provided that Defendant shall provide the initials and street names of private landowners to Plaintiff; and 3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 1/15/2020. (lcjeb3) (Entered: 01/15/2020)
2020-01-1524MEMORANDUM OPINION re 23 Motions for Summary Judgment. Signed by Judge James E. Boasberg on 1/15/2020. (lcjeb3) (Entered: 01/15/2020)
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