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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00120
Date Filed2020-01-16
Date Closed2024-07-29
JudgeJudge Ana C. Reyes
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
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

DefendantU.S. DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
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 jsu@biologicaldiversity.org, 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)
2020-04-2410Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/24/2020)
2020-05-04MINUTE ORDER. In view of 10 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later May 26, 2020. Signed by Judge Emmet G. Sullivan on 5/4/2020. (lcegs3) (Entered: 05/04/2020)
2020-05-05Set/Reset Deadlines: Joint Status Report due by 5/26/2020. (mac) (Entered: 05/05/2020)
2020-05-2611Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/26/2020)
2020-05-27MINUTE ORDER. In view of 11 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than June 25, 2020. Signed by Judge Emmet G. Sullivan on 5/27/2020. (lcegs3) (Entered: 05/27/2020)
2020-05-27Set/Reset Deadlines: Joint Status Report due by 6/25/2020 (mac) (Entered: 05/27/2020)
2020-06-1912Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/19/2020)
2020-06-22MINUTE ORDER. In view of 12 Joint Status Report, the parties are directed to file another joint status report with a recommendation for further proceedings by no later than July 20, 2020. Signed by Judge Emmet G. Sullivan on 6/22/2020. (lcegs3) (Entered: 06/22/2020)
2020-06-23Set/Reset Deadlines: Joint Status Report due by 7/20/2020. (mac) (Entered: 06/23/2020)
2020-07-2013Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Crystal, Howard) (Entered: 07/20/2020)
2020-07-30MINUTE ORDER. In view of 13 joint status report, the parties are directed to file another joint status report with recommendations for further proceedings by no later than August 31, 2020. Signed by Judge Emmet G. Sullivan on 7/30/2020. (lcegs3) (Entered: 07/30/2020)
2020-07-31Set/Reset Deadlines: Joint Status Report due by 8/31/2020 (mac) (Entered: 07/31/2020)
2020-08-3114Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Crystal, Howard) (Entered: 08/31/2020)
2020-09-02MINUTE ORDER. In view of 14 joint status report, the parties shall adhere to the following briefing schedule: (1) Defendant shall file its motion for summary judgment by no later than October 22, 2020; (2) Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion for summary judgment by no later than November 23, 2020; (3) Defendant shall file its opposition to Plaintiff's cross-motion for summary judgment and reply by no later than December 17, 2020; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment by no later than December 31, 2020. Signed by Judge Emmet G. Sullivan on 9/2/2020. (lcegs3) (Entered: 09/02/2020)
2020-09-02Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 10/22/2020.Plaintiff Cross-Motion For Summary Judgment And Opposition To Defendant's Motion For Summary Judgment due by 11/23/2020. Defendant Opposition To Plaintiff's Cross-Motion For Summary Judgment And Reply due by 12/17/2020. Plaintiff Reply In Support Of Its Cross-Motion For Summary Judgment due by 12/31/2020.(mac) (Entered: 09/02/2020)
2020-10-2215MOTION for Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/22/2020)
2020-11-1616Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Text of Proposed Order)(Crystal, Howard) (Entered: 11/16/2020)
2020-11-16MINUTE ORDER granting 16 unopposed motion for extension of time. It is hereby ORDERED that the parties shall abide by the following modified schedule: (1) Plaintiff shall file its motion for summary judgment and opposition to Defendant's motion for summary judgment by no later than December 7, 2020; (2) Defendant shall file its reply and response to Plaintiff's motion for summary judgment by no later than January 7, 2021; and (3) Plaintiff shall file its reply by no later than January 21, 2021. Signed by Judge Emmet G. Sullivan on 11/16/2020. (lcegs3) (Entered: 11/16/2020)
2020-11-17Set/Reset Deadlines: Plaintiff Motion For Summary Judgment And Opposition To Defendant's Motion For Summary Judgment due by 12/07/2020. Defendant Reply And Response To Plaintiff's Motion For Summary Judgment due by 01/07/2021. Plaintiff Reply due by 01/21/2021. (mac) (Entered: 11/17/2020)
2020-12-0717MOTION for Summary Judgment Plaintiff's Motion For Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Memorandum in Support Plaintiff's Memorandum in Support of Motion For Summary Judgment and in Opposition to Defendant's Motion For Summary Judgment, # 2 Declaration Declaration of Greer Ryan, # 3 Statement of Facts Plaintiff's Counter-Statement of Disputed Facts, # 4 Text of Proposed Order)(Crystal, Howard) (Entered: 12/07/2020)
2020-12-0718Memorandum in opposition to re 15 MOTION for Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration of Greer Ryan, # 2 Counter Statement of Material Facts, # 3 Text of Proposed Order)(Crystal, Howard) (Entered: 12/07/2020)
2020-12-3019Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment Plaintiff's Motion For Summary Judgment , 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/30/2020)
2020-12-31MINUTE ORDER granting 19 consent motion for extension of time. Defendant shall file its reply and response to Plaintiff's motion for summary judgment by no later than January 21, 2021. Plaintiff shall file its reply by no later than February 4, 2021. Signed by Judge Emmet G. Sullivan on 12/31/2020. (lcegs3) (Entered: 12/31/2020)
2021-01-04Set/Reset Deadlines: Defendant Reply And Response To Plaintiff's Motion For Summary Judgment due by 1/21/2021. Plaintiff Reply due by 2/4/2021. (mac) (Entered: 01/04/2021)
2021-01-1820Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment Plaintiff's Motion For Summary Judgment , 15 MOTION for Summary Judgment by U.S. DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/18/2021)
2021-01-19MINUTE ORDER granting 20 Defendant's Unopposed Motion for Extension of Time. The parties shall abide by the following modified schedule: Defendant shall file its reply and response to Plaintiff's motion for summary judgment by no later than February 4, 2021; and Plaintiff shall file its reply by no later than February 18, 2021. Signed by Judge Emmet G. Sullivan on 1/19/2021. (lcegs3) (Entered: 01/19/2021)
2021-01-21Set/Reset Deadlines: Defendant Reply And Response To Plaintiff's Motion For Summary Judgment due by 2/4/2021. Plaintiff Reply due by 2/18/2021. (mac) (Entered: 01/21/2021)
2021-02-0421REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit 4)(Schaefer, Daniel) (Entered: 02/04/2021)
2021-02-0422Memorandum in opposition to re 17 MOTION for Summary Judgment Plaintiff's Motion For Summary Judgment filed by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit 4)(Schaefer, Daniel) (Entered: 02/04/2021)
2021-02-1823REPLY to opposition to motion re 17 MOTION for Summary Judgment Plaintiff's Motion For Summary Judgment Plaintiff's Reply in Support of Motion For Summary Judgment filed by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 02/18/2021)
2022-03-1524NOTICE OF SUPPLEMENTAL AUTHORITY by CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 03/15/2022)
2022-10-1225NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. DEPARTMENT OF ENERGY Substituting for attorney Daniel P. Schaefer (Duffey, Thomas) (Entered: 10/12/2022)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Judge Emmet G. Sullivan is no longer assigned to the case. (rj) (Entered: 02/24/2023)
2023-03-2826NOTICE OF SUPPLEMENTAL AUTHORITY by CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 03/28/2023)
2023-04-04MINUTE ORDER: In the interest of judicial efficiency, the parties' cross-motions for Summary Judgment 15 17 are DENIED WITHOUT PREJUDICE. The parties are ORDERED to meet-and-confer to resolve or narrow the disputes between them. The parties must meet-and-confer in person at least once before determining that they cannot resolve their disputes. If the parties are unable to resolve their disputes, they are directed to file a status report identifying as to the meetings: (a) the individuals who participated; (b) their location; (c) their length; and (d) a summary of the efforts made by each party to narrow the disputes. The parties must also include a proposed process for the Court's review of challenged redactions in camera, as the Court may take that step. If after reviewing exempted materials in camera, the Court determines that either party was not acting in good faith during the meet-and-confer process, the Court will take appropriate action. Signed by Judge Ana C. Reyes on 4/4/2023. (lcsj) (Entered: 04/04/2023)
2023-06-3027Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Crystal, Howard) (Entered: 06/30/2023)
2023-09-0828Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Duffey, Thomas) (Entered: 09/08/2023)
2023-09-15MINUTE ORDER: Section 7(f) of Judge Reyes' standing order requires a party who wishes to file a dispositive motion to submit a short notice requesting a pre-motion conference. The Court will not set a summary judgment briefing schedule before the parties have taken the steps set out in section 7(f). Signed by Judge Ana C. Reyes on 9/15/2023. (lcsj) (Entered: 09/15/2023)
2023-11-2829Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 11/28/2023)
2024-01-0530Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Duffey, Thomas) (Entered: 01/05/2024)
2024-02-0531Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Duffey, Thomas) (Entered: 02/05/2024)
2024-04-0532Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 04/05/2024)
2024-05-1733Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Duffey, Thomas) (Entered: 05/17/2024)
2024-06-1434Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 06/14/2024)
2024-07-0235Joint STATUS REPORT by CENTER FOR BIOLOGICAL DIVERSITY. (Crystal, Howard) (Entered: 07/02/2024)
2024-07-2936STIPULATION of Dismissal by U.S. DEPARTMENT OF ENERGY. (Duffey, Thomas) (Entered: 07/29/2024)
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