Skip to content

Case Detail

[Subscribe to updates]
Case TitleFOOD & WATER WATCH v. DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02143
Date Filed2020-08-06
Date Closed2021-10-01
JudgeJudge Colleen Kollar-Kotelly
PlaintiffFOOD & WATER WATCH
Case DescriptionFood & Water Watch submitted a FOIA request to the Department of Energy for records concerning an application submitted by Appalachian Development Group for a loan guarantee for a natural gas liquids storage and trading hub. The agency acknowledged receipt of the request but disclosed a heavily redacted document. FWW filed an administrative appeal of the redactions to the Office of Hearing Appeals. OHA found the search was inadequate and ordered a new search. However, after hearing nothing further from the agency, FWW filed suit
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF ENERGY
DefendantUNITED STATES 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

2020-08-061COMPLAINT against DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number ADCDC-7431048) filed by FOOD & WATER WATCH. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration Corporate Disclosure Statement, # 3 Summons, # 4 Summons, # 5 Summons)(Carlesco, Adam) (Entered: 08/06/2020)
2020-08-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FOOD & WATER WATCH (adh, ) (Entered: 08/06/2020)
2020-08-06Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 08/06/2020)
2020-08-063SUMMONS (3) Issued Electronically as to DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/06/2020)
2020-08-104ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGHNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/10/2020. (DM) (Entered: 08/10/2020)
2020-09-175NOTICE of Appearance by Paul A. Mussenden on behalf of DEPARTMENT OF ENERGY (Mussenden, Paul) (Entered: 09/17/2020)
2020-09-176ANSWER to Complaint by DEPARTMENT OF ENERGY.(Mussenden, Paul) (Entered: 09/17/2020)
2020-09-177ORDER for meet and confer and status report. Signed by Judge Colleen Kollar-Kotelly on 9-17-2020. (lcckk3) (Entered: 09/17/2020)
2020-09-17Set/Reset Deadlines: Joint Meet & Confer Statement due by 11/6/2020. (dot) (Entered: 09/18/2020)
2020-11-068STATUS REPORT (Defendant's) by DEPARTMENT OF ENERGY. (Mussenden, Paul) (Entered: 11/06/2020)
2020-11-09MINUTE ORDER. The Court is in receipt of Defendant's 8 Status Report. Defendant indicates that the parties have conferred regarding next steps, but Plaintiff had not indicated its position on Defendant's proposed Status Report at the time of filing. The Court ORDERS Plaintiff to file notice of consent to Defendant's Status Report or its own status report by no later than NOVEMBER 11, 2020. Signed by Judge Colleen Kollar-Kotelly on 11/9/2020. (lcckk3) (Entered: 11/09/2020)
2020-11-09Set/Reset Deadlines: Plaintiff's Notice of Consent to Defendant's Status Report or file a Status Report due by 11/11/2020. (dot) (Entered: 11/09/2020)
2020-11-099NOTICE of Consent by FOOD & WATER WATCH re 8 Status Report (Carlesco, Adam) (Entered: 11/09/2020)
2020-11-10MINUTE ORDER. In light of Defendant's 8 Joint Status Report and Plaintiff's 9 Notice of Consent thereto, the Court ORDERS the parties to file a Joint Status Report by no later than JANUARY 5, 2021 updating the Court on the status of Defendants responses to Plaintiff's FOIA request and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 11/10/2020. (lcckk3) (Entered: 11/10/2020)
2020-11-10Set/Reset Deadlines: Joint Status Report due by 1/5/2021. (dot) (Entered: 11/10/2020)
2021-01-0510Joint STATUS REPORT by DEPARTMENT OF ENERGY. (Mussenden, Paul) (Entered: 01/05/2021)
2021-01-05MINUTE ORDER. The Court is in receipt of the parties' 10 Joint Status Report. The parties indicate that Defendant has made two productions of records and anticipates that it will make a third production by January 11, 2021. The Court ORDERS the parties to file a Joint Status Report by MARCH 8, 2021 updating the Court on the status of Defendant's responses to Plaintiff's FOIA request and proposing next steps. Signed by Judge Colleen Kollar-Kotelly on 1/5/21. (lcckk3) (Entered: 01/05/2021)
2021-01-05Set/Reset Deadlines: Joint Status Report due by 3/8/2021, updating the Court on the status of Defendant's responses to Plaintiff's FOIA request and proposing next steps. (dot) (Entered: 01/05/2021)
2021-02-1811NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney Paul A. Mussenden (Molen, Kathleene) (Entered: 02/18/2021)
2021-03-0512Joint STATUS REPORT by DEPARTMENT OF ENERGY. (Molen, Kathleene) (Entered: 03/05/2021)
2021-03-05MINUTE ORDER. The Court is in receipt of the parties' 12 Joint Status Report. Defendant indicates that it is conducting a supplemental search of records because of an error in earlier search; specifically, Defendant used the incorrect cutoff date in an earlier search for responsive records. The parties request that the Court defer entry of a briefing schedule and propose submitting a further joint status report. The Court ORDERS the parties to file a Joint Status Report by MAY 7, 2021 updating the Court on the status of Defendant's responses to Plaintiff's FOIA request and proposing next steps for proceeding in this litigation. Signed by Judge Colleen Kollar-Kotelly on 3/5/21. (lcckk3) (Entered: 03/05/2021)
2021-03-05Set/Reset Deadlines: Joint Status Report due by 5/7/2021. (kt) (Entered: 03/05/2021)
2021-05-0513Joint STATUS REPORT by DEPARTMENT OF ENERGY. (Molen, Kathleene) (Entered: 05/05/2021)
2021-05-06MINUTE ORDER. The Court is in receipt of the parties' 13 Joint Status Report. Defendant indicates that it has completed a supplemental search of records, conducted a review of potentially responsive results, and intends to complete its processing and production of any responsive, non-exempt records by June 30, 2021. The parties request that the Court defer entry of a briefing schedule and propose submitting a further joint status report. The Court ORDERS the parties to file a Joint Status Report by JULY 6, 2021 updating the Court on the status of Defendant's responses to Plaintiff's FOIA request and proposing next steps for proceeding in this litigation. Signed by Judge Colleen Kollar-Kotelly on 5/6/21. (lcckk3) (Entered: 05/06/2021)
2021-05-06Set/Reset Deadlines: Joint Status Report due by 7/6/2021 updating the Court on the status of Defendant's responses to Plaintiff's FOIA request and proposing next steps for proceeding in this litigation. (dot) (Entered: 05/06/2021)
2021-07-0214Joint STATUS REPORT by DEPARTMENT OF ENERGY. (Molen, Kathleene) (Entered: 07/02/2021)
2021-07-06MINUTE ORDER. The Court is in receipt of the parties' 14 Joint Status Report. Defendant indicates that it has completed processing its supplemental search and made a production of responsive, non-exempt records to Plaintiff on June 30, 2021. The parties request that the Court defer entry of a briefing schedule to allow them additional time to confer in an effort to resolve any remaining issues. As proposed by the parties, the Court ORDERS that the parties shall file a Joint Status Report by SEPTEMBER 8, 2021, proposing next steps for proceeding in this case. Signed by Judge Colleen Kollar-Kotelly on 7/6/21. (lcckk3) (Entered: 07/06/2021)
2021-07-06Set/Reset Deadlines: Plaintiff's Supplemental Memorandum due by 7/16/2021. (dot) (Entered: 07/06/2021)
2021-07-06Set/Reset Deadlines: Joint Status Report due by 9/8/2021, proposing next steps for proceeding in this case. (dot) (Entered: 07/06/2021)
2021-09-0715Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Molen, Kathleene) (Entered: 09/07/2021)
2021-09-07MINUTE ORDER. The Court is in receipt of the parties' 15 Joint Status Report. The parties indicate that the only remaining issue in this case is attorneys' fees and costs, which they are attempting to resolve. As proposed by the parties, the Court ORDERS that they shall file a joint status report by no later than OCTOBER 8, 2021 if a stipulation of dismissal has not been filed by that date. The joint status report shall update the Court regarding the status of the parties' settlement discussions or shall, if appropriate, propose a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 9/7/21. (lcckk3) (Entered: 09/07/2021)
2021-09-07Set/Reset Deadlines: Joint Status Report due by 10/8/2021, if a stipulation of dismissal has not been filed by that date. (dot) (Entered: 09/08/2021)
2021-10-0116STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF ENERGY. (Molen, Kathleene) (Entered: 10/01/2021)
2021-10-0117ORDER dismissing case with prejudice. Signed by Judge Colleen Kollar-Kotelly on 10/1/21. (lcckk3) (Entered: 10/01/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar