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Case TitleCLEAN AIR COUNCIL v. UNITED STATES DEPARTMENT OF ENERGY
DistrictEastern District of Pennsylvania
CityPhiladelphia
Case Number2:2020cv03764
Date Filed2020-08-03
Date ClosedOpen
JudgeHONORABLE TIMOTHY J. SAVAGE
PlaintiffCLEAN AIR COUNCIL
Case DescriptionThe Clean Air Council submitted a FOIA request to the Department of Energy for records concerning media reports that ExxonMobil was planning to build a petrochemical plant in southwest Pennsylvania. The agency acknowledged receipt of the request. After the agency failed to respond, the Clean Air Council filed an administrative appeal of the constructive denial. After hearing nothing further from the agency, the Clean Air Council 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
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-031COMPLAINT against UNITED STATES DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number 0313-14466931.), filed by CLEAN AIR COUNCIL. (Attachments: # 1 Civil Cover Sheet CIVIL COVER SHEET, # 2 Case Management Track Form CASE MANAGEMENT TRACK FORM, # 3 Designation Form DESIGNATION FORM)(CLARK, JENNIFER) (Attachment 3 replaced on 8/4/2020) (lisad, ). (Entered: 08/03/2020)
2020-08-04Summons Issued as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL; U.S. ATTORNEY OFFICE on 8/4/20 (JL ) (Entered: 08/04/2020)
2020-08-052AFFIDAVIT of Service by Jennifer E. Clark re: served Summons and Complaint upon United States Department of Energy, Civil Process Clerk at the U.S. Attorney's Office, and the Office of the U.S. Attorney General by Certified mail, return receipt requested on August 5, 2020 (CLARK, JENNIFER) (Entered: 08/05/2020)
2020-08-063NOTICE of Appearance on behalf of CLEAN AIR COUNCIL with Certificate of Service(CLARK, JENNIFER)*FILED IN ERROR BY INCORRECT ATTORNEY; ENTERING ATTORNEY TO RE-FILE* Modified on 8/7/2020 (lisad, ). (Entered: 08/06/2020)
2020-08-104Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (amas, ) (Entered: 08/10/2020)
2020-08-115NOTICE of Appearance by ALEXANDER G. BOMSTEIN on behalf of CLEAN AIR COUNCIL with Certificate of Service(BOMSTEIN, ALEXANDER) (Entered: 08/11/2020)
2020-09-046ORDER THAT STIPULATION IS APPROVED IN PART. FURTHER ORDERED THAT UNITED STATES DEPARTMENT OF ENERGY SHALL COMPLETE ITS RESPONSES TO THE PLAINTIFFS FREEDOM OF INFORMATION ACT REQUEST NO LATER THAN 10/9/20. NO LATER THAN 11/9/20 THE PARTIES SHALL FILE A REPORT ADVISING WHETHER THE ACTION MAYBE DISMISSED OR WILL PROCEED. IN THE EVENT THE ACTION IS NOT DISMISSED, THE DOE SHALL FILE ITS RESPONSE TO PLAINTIFFS COMPLAINT NO LATER THAN 11/23/20. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 9/4/20. 9/4/20 ENTERED AND COPIES NOT MAILED TO UNREP AND E-MAILED.(rf, ) (Entered: 09/04/2020)
2020-09-08MAILED OUT ORDER ENTRY #6 TO UNREP ON 9/8/20. (jaa, ) (Entered: 09/08/2020)
2020-09-117NOTICE of Appearance by STACEY L.B. SMITH on behalf of UNITED STATES DEPARTMENT OF ENERGY with Certificate of Service(SMITH, STACEY) (Entered: 09/11/2020)
2020-09-118NOTICE of Appearance by ERIC D. GILL on behalf of UNITED STATES DEPARTMENT OF ENERGY with Certificate of Service(GILL, ERIC) (Entered: 09/11/2020)
2020-11-099NOTICE by UNITED STATES DEPARTMENT OF ENERGY Of Joint Report (GILL, ERIC) (Entered: 11/09/2020)
2020-11-1210ORDER THAT NO LATER THAN 11/18/20 THE PARTIES SHALL FILE A REPORT ADVISING WHETHER THIS ACTION MAY BE DISMISSED OR WILL PROCEED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/10/20. 11/12/20 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 11/12/2020)
2020-11-1811STATUS REPORT Joint Report Notification of Settlement and Dismissal under Local Rule 41.1(b) by CLEAN AIR COUNCIL. (CLARK, JENNIFER) (Entered: 11/18/2020)
2020-11-2512ORDER THAT THIS ACTION IS DISMISSED WITH PREJUDICE, WITHOUT COSTS, PURSUANT TO THE AGREEMENT OF COUNSEL AND LOCAL RULE 41.1(b). SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/25/20. 11/25/20 ENTERED AND COPIES E-MAILED.(amas, ) (Entered: 11/25/2020)
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