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Case TitleSierra Club v. Department of Energy
DistrictNorthern District of California
CitySan Francisco
Case Number3:2017cv04663
Date Filed2017-08-14
Date Closed2018-06-19
JudgeJudge Vince Chhabria
PlaintiffSierra Club
Case DescriptionThe Sierra Club submitted a FOIA request to the Department of Energy for records concerning a study of wholesale markets and reliability requested by Secretary of Energy Rick Perry. The agency acknowledged receipt of the request and told the Sierra Club that it would begin processing its request. After several email exchanges concerning the status of its request did not provide any further progress, the Sierra Club 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-08-141COMPLAINT for declaratory and injunctive relief against United States Department of Energy ( Filing fee $ 400, receipt number 0971-11627313.). Filed bySierra Club. (Attachments: # 1 Civil Cover Sheet)(Roberts, Casey) (Filed on 8/14/2017) (Entered: 08/14/2017)
2017-08-142Proposed Summons. (Roberts, Casey) (Filed on 8/14/2017) (Entered: 08/14/2017)
2017-08-143Certificate of Interested Entities by Sierra Club (Roberts, Casey) (Filed on 8/14/2017) (Entered: 08/14/2017)
2017-08-144Case assigned to Hon. Vince Chhabria. 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 http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. 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. (bwS, COURT STAFF) (Filed on 8/14/2017) (Entered: 08/14/2017)
2017-08-155Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Case Management Statement due by 11/14/2017. Initial Case Management Conference set for 11/21/2017 01:30 PM in Courtroom 4, 17th Floor, San Francisco. (Attachments: # 1 Notice of Eligibility for Video Recording)(farS, COURT STAFF) (Filed on 8/15/2017) (Entered: 08/15/2017)
2017-08-156Summons Issued as to United States Department of Energy and U.S. Attorney General (farS, COURT STAFF) (Filed on 8/15/2017) Modified on 8/18/2017 (farS, COURT STAFF). (Entered: 08/15/2017)
2017-08-187Summons Issued as to U.S. Attorney and U.S. Attorney General (farS, COURT STAFF) (Filed on 8/18/2017) (Entered: 08/18/2017)
2017-08-228NOTICE of Appearance by Casey Austin Roberts for Gregory E. Wannier (Roberts, Casey) (Filed on 8/22/2017) (Entered: 08/22/2017)
2017-08-229CERTIFICATE OF SERVICE by Sierra Club (Roberts, Casey) (Filed on 8/22/2017) (Entered: 08/22/2017)
2017-09-2010ANSWER to Complaint byUnited States Department of Energy. (Lo, Michelle) (Filed on 9/20/2017) (Entered: 09/20/2017)
2017-09-2211SUMMONS Returned Executed (FOIA) by Sierra Club. United States Department of Energy served on 8/18/2017, answer due 9/18/2017. (Roberts, Casey) (Filed on 9/22/2017) (Entered: 09/22/2017)
2017-10-3112ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Lo, Michelle) (Filed on 10/31/2017) (Entered: 10/31/2017)
2017-10-3113NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Lo, Michelle) (Filed on 10/31/2017) (Entered: 10/31/2017)
2017-11-0114ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, November 14, 2017, at 11:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/1/2017) (Entered: 11/01/2017)
2017-11-1415CASE MANAGEMENT STATEMENT Joint Initial Case Management Conference Statement filed by United States Department of Energy. (Lo, Michelle) (Filed on 11/14/2017) (Entered: 11/14/2017)
2017-11-1516CLERK'S NOTICE RESCHEDULING THE TIME FOR THE CASE MANAGEMENT CONFERENCE AND CONVERTING THE HEARING TO A TELEPHONIC CASE MANAGEMENT CONFERENCE: The matter is rescheduled to the following time due to one or more parties requesting to appear telephonically at the hearing. Plaintiff shall provide the Court and all other parties a conference line and applicable access code to use during the hearing no later than three court days prior to the case management conference by way of email to the Court (vccrd@cand.uscourts.gov) with a cc to opposing counsel. Initial Case Management Conference set for 11/21/2017 02:30 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/15/2017) (Entered: 11/15/2017)
2017-11-1617ADR Remark: ADR Phone Conference held on 11/14/2017 by Tamara Lange. (af, COURT STAFF) (Filed on 11/16/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/16/2017)
2017-11-2118CLERK'S NOTICE ADVANCING THE TIME FOR THE TELEPHONIC CASE MANAGEMNENT CONFERENCE SET FOR 11/21/2017. The hearing time has been advanced. If the change in time impacts the previously provided dial-in information, plaintiffs must provide updated information to the Court and opposing counsel by 10:00 a.m Telephonic Initial Case Management Conference set for 11/21/2017 01:45 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)
2017-11-2119Minute Entry for proceedings held before Judge Vince Chhabria: Telephonic Initial Case Management Conference held on 11/21/2017. Case Management Statement due by 1/16/2018. In-person Further Case Management Conference set for 1/23/2018 01:30 PM in Courtroom 2, 17th Floor, San Francisco. Counsel may request to convert this hearing to a telephonic one if they wish to. If the parties wish to be referred to a Magistrate for a settlement conference, they may file a stipulation and proposed order. Total Time in Court: 7 minutes. Court Reporter: Hearing not reported or recorded. Plaintiff Attorney: Casey Roberts. Defendant Attorney: Michelle Lo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 11/21/2017) (Entered: 11/21/2017)
2018-01-0920STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Further Case Management Conference and [Proposed] Order filed by United States Department of Energy. (Lo, Michelle) (Filed on 1/9/2018) (Entered: 01/09/2018)
2018-01-1121Order by Judge Vince Chhabria granting 20 Joint Stipulation to Continue Further Case Management Conference. Case Management Statement due by 3/13/2018. Initial Case Management Conference set for 3/20/2018 01:30 PM in Courtroom 4, 17th Floor, San Francisco.(knm, COURT STAFF) (Filed on 1/11/2018) (Entered: 01/11/2018)
2018-03-0622STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Further Case Management Conference and [Proposed] Order filed by United States Department of Energy. (Lo, Michelle) (Filed on 3/6/2018) (Entered: 03/06/2018)
2018-03-1223Order by Judge Vince Chhabria granting 22 Joint Stipulation to Continue Further Case Management Conference. Case Management Statement due by 4/24/2018. Further Case Management Conference set for 5/1/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor.(knm, COURT STAFF) (Filed on 3/12/2018) (Entered: 03/12/2018)
2018-04-2424CASE MANAGEMENT STATEMENT Joint Further Case Management Conference Statement filed by Sierra Club. (Roberts, Casey) (Filed on 4/24/2018) (Entered: 04/24/2018)
2018-05-0125Minute Entry for proceedings held before Judge Vince Chhabria: Further Case Management Conference held on 5/1/2018. The FOIA dispute has been resolved. Parties are trying to work out an agreement re attorneys' fees, however if they are unable to do so, deadlines to file and hear a motion for attorneys' fees is set and will not be moved. Motions due by 7/2/2018. Motion Hearing set for 8/9/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.Total Time in Court: 3 minutes. Hearing not reported or recorded. Plaintiff Attorney: Greg Wannier. Defendant Attorney: Michelle Lo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Date Filed: 5/1/2018) (Entered: 05/02/2018)
2018-06-1926STIPULATION Stipulation of Settlement and Dismissal With Prejudice filed by United States Department of Energy. (Lo, Michelle) (Filed on 6/19/2018) (Entered: 06/19/2018)
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