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Case TitleENERGY POLICY ADVOCATES v. UNITED STATES DEPARTMENT OF THE INTERIOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01247
Date Filed2021-05-06
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted a FOIA request to the Department of Interior Ethics Officer for records concerning Senior Counselor Elizabeth Klein. EPA also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and denied EPA's request for expedited processing and a fee waiver. EPA filed an administrative appeal of the denial of expedited processing and a fee waiver. After hearing nothing further from the agency, EPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

Defendant2255
DEPARTMENT OF THE INTERIOR
1849 C Street
Washington, DC 20240
DefendantUNITED STATES DEPARTMENT OF THE INTERIOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-061COMPLAINT against DEPARTMENT OF THE INTERIOR ( Filing fee $ 402 receipt number ADCDC-8430883) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Dept. of Interior, # 2 Summons U.S. Attorney, # 3 Summons Attorney COMPLAINT against DEPARTMENT OF THE INTERIOR ( Filing fee $ 402 receipt number ADCDC-8430883) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Dept. of Interior, # 2 Summons U.S. Attorney, # 3 Summons Attorney General, # 4 Civil Cover Sheet Civil Cover Sheet)(Hardin, Matthew) (Attachment 4 replaced on 5/7/2021) (zsb).General, # 4 Civil Cover Sheet Civil Cover Sheet)(Hardin, Matthew) (Entered: 05/06/2021)
2021-05-07NOTICE OF ERROR re 1 Complaint; emailed to MatthewDHardin@gmail.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 05/07/2021)
2021-05-072CIVIL COVER SHEET (Corrected per Notice) by ENERGY POLICY ADVOCATES re 1 Complaint,, filed by ENERGY POLICY ADVOCATES. Related document: 1 Complaint,, filed by ENERGY POLICY ADVOCATES.(Hardin, Matthew) (Entered: 05/07/2021)
2021-05-07Case Assigned to Judge James E. Boasberg. (zsb) (Entered: 05/07/2021)
2021-05-103SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF THE INTERIOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/10/2021)
2021-05-174RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/17/2021. (Hardin, Matthew) (Entered: 05/17/2021)
2021-05-175RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF THE INTERIOR served on 5/17/2021 (Hardin, Matthew) (Entered: 05/17/2021)
2021-05-246RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/24/2021. Answer due for ALL FEDERAL DEFENDANTS by 6/23/2021. (Attachments: # 1 Exhibit Certified Mail Receipt, # 2 Exhibit USPS Tracking)(Hardin, Matthew) (Entered: 05/24/2021)
2021-05-257NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Main Document 7 replaced on 5/26/2021) (rj). Modified on 5/26/2021 to flatten pdf (rj). (Entered: 05/25/2021)
2021-05-278MOTION for Preliminary Injunction by ENERGY POLICY ADVOCATES. (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction)(Hardin, Matthew) (Entered: 05/27/2021)
2021-05-27MINUTE ORDER: The Court ORDERS that the parties shall appear for an audio status hearing on June 4, 2021, at 9:30 a.m. to discuss a briefing schedule for Plaintiff's PI Motion. Chambers will contact the parties with the dial-in information. So ORDERED by Judge James E. Boasberg on 5/27/2021. (lcjeb2) (Entered: 05/27/2021)
2021-05-27Set/Reset Hearings: Status Conference set for 6/4/2021 at 09:30 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 05/28/2021)
2021-06-019CERTIFICATE OF SERVICE by ENERGY POLICY ADVOCATES re 8 MOTION for Preliminary Injunction and Accompanying Memorandum . (Attachments: # 1 Exhibit USPS Tracking & Receipt)(Hardin, Matthew) (Entered: 06/01/2021)
2021-06-0310NOTICE of Appearance by April Denise Seabrook on behalf of UNITED STATES DEPARTMENT OF THE INTERIOR (Seabrook, April) (Entered: 06/03/2021)
2021-06-04Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 6/4/2021. MOTION for Preliminary Injunction WITHDRAWN by Counsel for Plaintiff for the reasons stated on the record. (Court Reporter Nancy Meyer) (nbn) (Entered: 06/04/2021)
2021-06-04MINUTE ORDER: As agreed by the parties in today's hearing, the Court ORDERS that: 1) Plaintiff's 8 PI Motion is WITHDRAWN; 2) Defendant shall file its Answer by June 25, 2021; and 3) Plaintiff shall move for summary judgment by July 7, 2021, with Defendant's Opposition and Cross-Motion due by July 23, 2021, Plaintiff's Opposition and Reply by August 6, 2021, and Defendant's Reply by August 20, 2021. So ORDERED by Judge James E. Boasberg on 6/4/2021. (lcjeb2) (Entered: 06/04/2021)
2021-06-2311ADMINISTRATIVE RECORD and Certified Index by UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Affidavit -Certified Index of Administrative Record, # 2 Exhibit - Administrative Record)(Seabrook, April) (Entered: 06/23/2021)
2021-06-2312ANSWER to Complaint by UNITED STATES DEPARTMENT OF THE INTERIOR.(Seabrook, April) (Entered: 06/23/2021)
2021-07-0713MOTION for Summary Judgment by ENERGY POLICY ADVOCATES. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support of Motion for Summary Judgment)(Hardin, Matthew) (Entered: 07/07/2021)
2021-07-2314Memorandum in opposition to re 13 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Statement of Facts - Response to Plaintiff's Facts, # 2 Exhibit A)(Seabrook, April) (Entered: 07/23/2021)
2021-07-2315Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF THE INTERIOR. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Seabrook, April) (Entered: 07/23/2021)
2021-08-0416NOTICE of Appearance by Blake Weiner on behalf of All Defendants (Weiner, Blake) (Entered: 08/04/2021)
2021-08-0617RESPONSE re 15 Cross MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 08/06/2021)
2021-08-0618REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 08/06/2021)
2021-08-1919Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by UNITED STATES DEPARTMENT OF THE INTERIOR. (Weiner, Blake) (Entered: 08/19/2021)
2021-08-19MINUTE ORDER GRANTING Consent 19 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Reply to Plaintiff's Opposition to Motion for Summary Judgment by August 27, 2021. So ORDERED by Judge James E. Boasberg on 8/19/2021. (lcjeb2) (Entered: 08/19/2021)
2021-08-19Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 8/27/2021. (nbn) (Entered: 08/20/2021)
2021-08-2420REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF THE INTERIOR. (Weiner, Blake) (Entered: 08/24/2021)
2021-09-02MINUTE ORDER: The Court ORDERS that the parties shall appear for a telephonic hearing on September 8, 2021, at 12:00 noon. They shall be prepared to explain what documents have already been released to Plaintiff and to what extent this moots this suit. So ORDERED by Judge James E. Boasberg on 9/2/2021. (lcjeb3) (Entered: 09/02/2021)
2021-09-02Set/Reset Hearings: Status Conference set for 9/8/2021 at 12:00 PM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/02/2021)
2021-09-08Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/8/2021. (Court Reporter Lisa Griffith) (nbn) (Entered: 09/08/2021)
2021-09-2221ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Plaintiff's 13 Motion for Summary Judgment is DENIED; 2) Defendant's 15 Motion for Summary Judgment is GRANTED; and 3) Judgment is ENTERED in favor of Defendant. Signed by Judge James E. Boasberg on 9/22/2021. (lcjeb1) (Entered: 09/22/2021)
2021-09-2222MEMORANDUM OPINION re 21 Order on Cross-Motions for Summary Judgment. Signed by Judge James E. Boasberg on 9/22/2021. (lcjeb1) (Entered: 09/22/2021)
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by FOIA Project Staff
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