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Case TitleEnergy and Policy Institute v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2019cv00509
Date Filed2019-12-12
Date Closed2021-02-02
JudgeDistrict Judge Travis R McDonough
PlaintiffEnergy and Policy Institute
Case DescriptionThe Energy and Policy Institute submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency's financial support to Utility Air Regulatory Group and the Utility Solid Waste Activity Group. The agency acknowledged receipt of the request and provided records with redactions under Exemption 4 (confidential business information) and Exemption 5 (privileges). EPI filed an administrative appeal of the partial denial. The agency upheld the application of the exemptions. EPI then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

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

2019-12-121COMPLAINT against Tennessee Valley Authority ( Filing fee $ 400 receipt number ATNEDC-4157789.), filed by Energy and Policy Institute. (Attachments: # 1 Other Civil Coversheet)(Ward, Shelby) (Entered: 12/12/2019)
2019-12-122Certificate of Corporate Interest by Energy and Policy Institute. (Ward, Shelby) (Entered: 12/12/2019)
2019-12-123NOTICE by Energy and Policy Institute re 1 Complaint, 2 Certificate of Corporate Interest Summons (Attachments: # 1 Summons US Attorney Summons)(Ward, Shelby) (Entered: 12/12/2019)
2019-12-13District Judge Travis R McDonough and Magistrate Judge Debra C Poplin added. (AMP) (Entered: 12/13/2019)
2019-12-134NOTICE of Deficiency (Pro Hac): Attorney Allison Kole is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vice. (Copy of Notice mailed to Allison Kole) (AMP) (Entered: 12/13/2019)
2019-12-135Summons Issued as to Tennessee Valley Authority. (RLK) (Entered: 12/13/2019)
2019-12-136Summons Issued as to Sherry Quirk. (RLK) (Entered: 12/13/2019)
2019-12-137Order Governing Depositions. Signed by District Judge Travis R McDonough on 12/13/2019. (Copy of Order mailed to Allison Kole) (AMP) (Entered: 12/13/2019)
2019-12-138Order Governing Motions To Dismiss. Signed by District Judge Travis R McDonough on 12/13/2019. (Copy of Order mailed to Allison Kole) (AMP) (Entered: 12/13/2019)
2019-12-139Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 12/13/2019. (Copy of Order mailed to Allison Kole) (AMP) (Entered: 12/13/2019)
2019-12-1310MOTION for Allison Kole to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4159046.) by Energy and Policy Institute. (Attachments: # 1 Other Good Standing Certificate)(Ward, Shelby) Modified text on 12/16/2019 (AYB). (Entered: 12/13/2019)
2019-12-16Clerk's Verification of PHV Requirements is complete regarding 10 MOTION for Allison Kole to Appear Pro Hac Vice (AYB) (Entered: 12/16/2019)
2019-12-1611ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 12/16/2019. (This entry constitutes the Order of the Court). (AGA) (Entered: 12/16/2019)
2020-01-1512ANSWER to 1 Complaint by Tennessee Valley Authority.(McCook, Jill) (Entered: 01/15/2020)
2020-01-1513ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Travis R McDonough on January 15, 2020. (Attachments: # 1 Other Notice of Consent/Non-Consent) (AYB) (Entered: 01/15/2020)
2020-01-1614ORDER Scheduling Conference set for 1/28/2020 at 01:00 PM in Conference Room before District Judge Travis R. McDonough. Signed by District Judge Travis R. McDonough on 1/16/2020. (JBB) (Entered: 01/16/2020)
2020-01-2215ORDER regarding Scheduling Conference set for 1/28/2020 at 01:00 PM in Conference Room before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 1/22/2020. (TRT) (Entered: 01/22/2020)
2020-01-2316REPORT of Rule 26(f) Planning Meeting. (McCook, Jill) (Entered: 01/23/2020)
2020-01-2717NOTICE by Energy and Policy Institute (Kole, Allison) (Entered: 01/27/2020)
2020-01-2718Summons Issued as to U.S. Attorney General (AYB) (Entered: 01/27/2020)
2020-01-2919NOTICE OF NONCONSENT by Tennessee Valley Authority (McCook, Jill) (Entered: 01/29/2020)
2020-01-3120ORDER: A scheduling conference was conducted in the above-captioned case on January 28, 2020. Pursuant to the discussion of the Court and the parties at that conference, it is hereby ORDERED that the parties continue to CONFER and attempt to narrow the scope of the records sought by Plaintiff from Defendant. Status Conference set for 2/4/2020 11:00 AM in Judge's Chambers (Telephonic Hearing) before District Judge Travis R McDonough.Signed by District Judge Travis R McDonough on 1/31/2020. (DJH) (Entered: 01/31/2020)
2020-02-0421ORDER The telephonic Status Conference previously set for 2/4/2020 at 11:00 AM in Judge's Chambers (Telephonic Hearing) before District Judge Travis R. McDonough is hereby RESET for 2/5/2020 at 2:00 PM. The dial-in information will be the same. Signed by District Judge Travis R. McDonough on 2/4/2020. (JBB) (Entered: 02/04/2020)
2020-02-0622SCHEDULING ORDER: The following schedule SHALL govern this case:1. Disclosure and Discovery: (a) Rule 26(f) Meeting: The parties have held a discovery planning meeting as required by Rule 26(f). (b) Discovery Plan: The parties have filed with the Court a discovery plan in accordance with Rule 26(f). (c) Initial Disclosures: Due to the nature of this case, the Court orders that the parties do need to make initial disclosures as otherwise required by Rule 26(a)(1). (d) All Discovery: Due to the nature of this case, the parties agree that discovery is not appropriate at this time. 2. Other Scheduling Matters: (a) Amendment of Pleadings: If Plaintiff wishes to amend the pleadings, such motion should be filed on or before February 17, 2020. If Defendant wishes to amend the pleadings, such motion should be filed on or before March 17, 2020. (b) Dispositive Motions: All dispositive motions under Rule 12 and all motions for summary judgment pursuant to Rule 56 shall be filed as soon as possible, but no later than July 29, 2020. However, the parties are admonished to file suchmotions early if at all possible. The failure to timely file such motions will be grounds to summarily deny them. The parties must comply with § V.E. of theCourts preferences concerning joint appendices relating to motions for summaryjudgment. i. All responses to dispositive motions shall be filed no later than August 14, 2020. ii. All replies in support of dispositive motions shall be filed no later than September 4, 2020. Signed by District Judge Travis R McDonough on 2/6/2020. (DJH) (Entered: 02/06/2020)
2020-06-2523NOTICE of Change of Address by Shelby Renee Burks Ward (Ward, Shelby) (Entered: 06/25/2020)
2020-06-2524Joint MOTION to Continue Dispositive Motion Deadline by Tennessee Valley Authority. (Gillen, Maria) (Entered: 06/25/2020)
2020-06-2625ORDER granting 24 Motion to Continue the Dispositive Motion Deadline. Signed by District Judge Travis R McDonough on 6/26/20. (GRE) (Entered: 06/26/2020)
2020-10-2126Joint MOTION to Continue by Energy and Policy Institute. (Ward, Shelby) (Entered: 10/21/2020)
2020-10-2627ORDER granting 26 Motion to Continue, Scheduling Order is Amended as follows in Order. Signed by District Judge Travis R McDonough on October 26, 2020. (SAC) (Entered: 10/26/2020)
2020-11-1028Joint MOTION to Continue by Energy and Policy Institute. (Ward, Shelby) (Entered: 11/10/2020)
2020-11-1029ORDER granting 28 Motion to Continue; Dispositive Motions: All dispositive motions under Rule 12 and all motions for summary judgment pursuant to Rule 56 shall be filed as soon as possible, but no later than December 18, 2020. However, the parties are admonished to file such motions early if at all possible. The failure to timely file such motions will be grounds to summarily deny them. The parties must comply with § V.E. of the Courts preferences concerning joint appendices relating to motions for summary judgment. i. All responses to dispositive motions shall be filed no later than January 15, 2020. ii. All replies in support of dispositive motions shall be filed no later than January 29, 2020. Signed by District Judge Travis R McDonough on 11/10/2020. (DJH) (Entered: 11/12/2020)
2020-12-1830NOTICE OF SETTLEMENT by Tennessee Valley Authority Case Reported Settled By TVA; Parties did not participate in mediation/arbitration. (McCook, Jill) (Entered: 12/18/2020)
2021-02-0231NOTICE of Voluntary Dismissal of case 3:19-cv-509-TRM-DCP, Energy and Policy Institute v. Tennessee Valley Authority by Tennessee Valley Authority (McCook, Jill) (Entered: 02/02/2021)
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