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DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00120
Date Filed2020-01-16
Date ClosedOpen
JudgeJudge Emmet G. Sullivan
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the Department of Energy for records concerning the Interconnections Seam Study, an evaluation of options for improving the connections within the U.S. electrical grid. CBD also requested a fee waiver. The agency acknowledged receipt of the request. The agency asked CBD if it would accept responsive emails immediately and then choose relevant email attachments. CBD agreed to the proposal with the caveat that it would not be required to submit new FOIA requests for email attachments. The agency also granted CBD's request for a fee waiver. After hearing nothing further from the agency CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

Complaint attachment 1
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Complaint attachment 5
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-161COMPLAINT against CENTER FOR BIOLOGICAL DIVERSITY ( Filing fee $ 400 receipt number ADCDC-6738676) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Corporate Disclosure Statement)(Crystal, Howard) (Entered: 01/16/2020)
2020-01-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (zmc) (Entered: 01/21/2020)
2020-01-21Case assigned to Judge Emmet G. Sullivan. (zmc) (Entered: 01/21/2020)
2020-01-213SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 01/21/2020)
2020-01-284STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 01/28/20. (Attachments: Exhibit 1) (mac) (Entered: 01/28/2020)
2020-02-255RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/27/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 1/29/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/27/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 2/26/2020.) (Crystal, Howard) Modified on 2/26/2020 to correct party served (jf). (Entered: 02/25/2020)
2020-02-266NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF ENERGY (Schaefer, Daniel) (Entered: 02/26/2020)
2020-02-267ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY.(Schaefer, Daniel) (Entered: 02/26/2020)
2020-02-27MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than March 25, 2020. The parties' joint proposed scheduling order shall address the following: (1) The status of Plaintiff's FOIA request; (2) The anticipated number of documents responsive to Plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to Plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court's Mediation Program for purposes of settlement; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 2/27/2020. (lcegs3) (Entered: 02/27/2020)
2020-02-27Set/Reset Deadlines: Joint Scheduling Order For Further Proceedings due by 3/25/2020. (mac) (Entered: 02/27/2020)
2020-03-048NOTICE of Appearance by Anchun Jean Su on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Su, Anchun) (Entered: 03/04/2020)
2020-03-04NOTICE OF ERROR re 8 Notice of Appearance; emailed to, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Please change your telephone # in Pacer (zjf, ) (Entered: 03/04/2020)
2020-03-259Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 03/25/2020)
2020-03-25MINUTE ORDER. In view of 9 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later April 24, 2020. The parties shall file a proposed order with each joint status report. Signed by Judge Emmet G. Sullivan on 3/25/2020. (lcegs3) (Entered: 03/25/2020)
2020-03-26Set/Reset Deadlines: Joint Status Report due by 4/24/2020. (mac) (Entered: 03/26/2020)
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by FOIA Project Staff
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