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Case TitleSierra Club v. Department of Energy
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv02246
Date Filed2019-04-25
Date ClosedOpen
JudgeMagistrate Judge Laurel Beeler
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted a FOIA request to the Department of Energy for records concerning Bernard McNamee's activities during his two periods of employment by the agency. McNamee an oil lobbyist, was appointed by President Trump to serve as a commissioner on the Federal Energy Regulatory Commission. The Sierra Club also requested a fee waiver. The agency acknowledged receipt of the request and granted the Sierra Club's request for a fee waiver. After hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Energy
Complaint attachment 1
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-251COMPLAINT for Declaratory and Injunctive Relief against United States Department of Energy ( Filing fee $ 400, receipt number 0971-13290294.). Filed bySierra Club. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Geis, Stacey) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-252Proposed Summons. (Geis, Stacey) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-253MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13290829.) filed by Sierra Club. (Smaczniak, Kim) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-254Certificate of Interested Entities by Sierra Club (Geis, Stacey) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-255CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Geis, Stacey) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-256Case assigned to Magistrate Judge Laurel Beeler. 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 5/9/2019. (srnS, COURT STAFF) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-257Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/18/2019. Initial Case Management Conference set for 7/25/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-258Summons Issued as to United States Department of Energy, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-259ERRATA re 1 Complaint, by Sierra Club. (Attachments: # 1 Errata Errata to Complaint, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Smaczniak, Kim) (Filed on 4/25/2019) (Entered: 04/25/2019)
2019-04-2610Order by Magistrate Judge Laurel Beeler granting 3 Motion for Pro Hac Vice. Attorney Kim Noelle Smaczniak representing Plaintiff. (ejkS, COURT STAFF) (Filed on 4/26/2019) (Entered: 04/26/2019)
2019-05-0211Summons Returned Unexecuted by Sierra Club as to United States Department of Energy. (Geis, Stacey) (Filed on 5/2/2019) (Entered: 05/02/2019)
2019-05-0212Proposed Summons. (Geis, Stacey) (Filed on 5/2/2019) (Entered: 05/02/2019)
2019-05-0313Summons Issued as to United States Department of Energy, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 5/3/2019) (Entered: 05/03/2019)
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by FOIA Project Staff
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