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Case TitleSUNOCO PIPELINE, L.P. v. U.S. DEPARTMENT OF TRANSPORTATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01760
Date Filed2021-06-30
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffSUNOCO PIPELINE, L.P.
PlaintiffCHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA
PlaintiffAMERICAN FUEL & PETROCHEMICAL MANUFACTURERS
PlaintiffAMERICAN GAS ASSOCIATION
PlaintiffAMERICAN PETROLEUM INSTITUTE
PlaintiffASSOCIATION OF OIL PIPE LINES
PlaintiffINTERSTATE NATURAL GAS ASSOCIATION OF AMERICA
Case DescriptionSunoco Pipeline filed a reverse-FOIA action against the Department of Transportation after the agency received two FOIA requests for the notice of violation issued by the Pipeline and Hazardous Materials Safety Administration for safety incidents related to its pipelines. Sunoco argued that related records were protected by Exemption 4 (commercial and confidential) and Exemption 7(F) (harm to a person). After the agency failed to assure Sunoco that it would protect the information, Sunoco filed suit.
Complaint issues: Litigation - Reverse-FOIA - Confidential business information

DefendantU.S. DEPARTMENT OF TRANSPORTATION
DefendantPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
DefendantPETE BUTTIGIEG SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, IN HIS OFFICIAL CAPACITY
DefendantTRISTAN BROWN ACTING ADMINISTRATOR OF THE PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, IN HIS OFFICIAL CAPACITY
DefendantCHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA
DefendantAMERICAN FUEL & PETROCHEMICAL MANUFACTURERS
DefendantAMERICAN GAS ASSOCIATION
DefendantAMERICAN PETROLEUM INSTITUTE
DefendantSUNOCO PIPELINE, L.P.
DefendantASSOCIATION OF OIL PIPE LINES
DefendantINTERSTATE NATURAL GAS ASSOCIATION OF AMERICA
DefendantNATIONAL ASSOCIATION OF MANUFACTURERS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-06-301COMPLAINT for Injunctive, Declaratory. and Other Relief against All Defendants ( Filing fee $ 402 receipt number ADCDC-8569310) filed by SUNOCO PIPELINE, L.P.. (Attachments: # 1 Exhibit Exhibits A-T, # 2 Certificate of Service Certificate of Service, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Summons Summons - US Department of Transportation, # 5 Summons Summons - Pipeline and Hazardous Materials Safety Administation, # 6 Summons Summons - Pete Buttigieg, US Department of Transportation, # 7 Summons Summons - Tristan Brown, Pipeline and Hazardous Materials Safety Administration, # 8 Summons Summons - Merrick Garland, Attorney General of US, # 9 Summons Summons - Channing Phillips, US Attorney District of Columbia)(Machlin, Marc) (Entered: 06/30/2021)
2021-07-012LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SUNOCO PIPELINE, L.P. (Machlin, Marc) (Entered: 07/01/2021)
2021-07-01NOTICE OF ERROR re 1 Complaint; emailed to marc.machlin@troutman.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. Please use the FOIA summons at https://www.dcd.uscourts.gov/sites/dcd/files/Summons-FOIA_2013_FILL.pdf, 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 07/01/2021)
2021-07-01Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 07/01/2021)
2021-07-013ERRATA to Plaintiff's Civil Cover Sheet by SUNOCO PIPELINE, L.P. re 1 Complaint,,, filed by SUNOCO PIPELINE, L.P.. (Machlin, Marc) (Entered: 07/01/2021)
2021-07-024SUMMONS (6) Issued Electronically as to TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/02/2021)
2021-08-045NOTICE of Appearance by Dabney Carr on behalf of SUNOCO PIPELINE, L.P. (Carr, Dabney) (Entered: 08/04/2021)
2021-08-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/9/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/7/2021. (Machlin, Marc) (Entered: 08/18/2021)
2021-08-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION served on 7/8/2021 (Machlin, Marc) (Entered: 08/18/2021)
2021-08-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. Merrick B. Garland served on 7/9/2021 (Machlin, Marc) (Entered: 08/18/2021)
2021-08-189RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PETE BUTTIGIEG served on 7/16/2021 (Machlin, Marc) (Entered: 08/18/2021)
2021-08-1810RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF TRANSPORTATION served on 7/20/2021 (Machlin, Marc) (Entered: 08/18/2021)
2021-08-2311Consent MOTION for Extension of Time to Respond to the Complaint and Set Briefing Schedule by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Ehrlich, Stephen) (Entered: 08/23/2021)
2021-08-24MINUTE ORDER: Granting Consent 11 Motion to Extend Deadlines. Defendants' motion to dismiss shall be due 9/24/21. Plaintiff's opposition shall be due 10/15/21. Defendants' reply shall be due 10/29/21. Signed by Judge Tanya S. Chutkan on 8/24/21. (DJS) (Entered: 08/24/2021)
2021-08-30Set/Reset Deadlines: Dispositive Motion due by 9/24/2021. Response to Dispositive Motion due by 10/15/2021. Reply to Dispositive Motion due by 10/29/2021. (tb) (Entered: 08/30/2021)
2021-09-2412MOTION to Dismiss by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1: Redacted NOPV, # 3 Text of Proposed Order)(Ehrlich, Stephen) (Entered: 09/24/2021)
2021-10-1513Memorandum in opposition to re 12 MOTION to Dismiss filed by SUNOCO PIPELINE, L.P.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Carr, Dabney) (Entered: 10/15/2021)
2021-10-2014NOTICE of Request for Oral Hearing Pursuant to LCvR 7(f) by SUNOCO PIPELINE, L.P. re 12 MOTION to Dismiss (Carr, Dabney) (Entered: 10/20/2021)
2021-10-2215NOTICE of Appearance by John P Elwood on behalf of CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA (Elwood, John) (Entered: 10/22/2021)
2021-10-2216MOTION for Leave to File Brief as Amicus Curiae by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Elwood, John) (Entered: 10/22/2021)
2021-10-2217MOTION for Leave to File Amicus Brief in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN GAS ASSOCIATION, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF OIL PIPE LINES, INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS. (Attachments: # 1 Memorandum in Support Amicus Brief (exhibit A))(Lehotsky, Steven) Modified event title on 10/25/2021 (znmw). (Entered: 10/22/2021)
2021-10-2818Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Ehrlich, Stephen) (Entered: 10/28/2021)
2021-10-28MINUTE ORDER: Granting Consent 18 Motion for Extension of Deadlines. Defendants' Reply due 11/5/21. Signed by Judge Tanya S. Chutkan on 10/28/21. (DJS) (Entered: 10/28/2021)
2021-11-02Set/Reset Deadlines: Reply due by 11/5/2021. (tb) (Entered: 11/02/2021)
2021-11-0519REPLY to opposition to motion re 12 MOTION to Dismiss filed by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Ehrlich, Stephen) (Entered: 11/05/2021)
2021-12-0320MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss by SUNOCO PIPELINE, L.P.. (Attachments: # 1 Exhibit A (Proposed Surreply), # 2 Exhibit 1 to Proposed Surreply, # 3 Text of Proposed Order)(Carr, Dabney) (Entered: 12/03/2021)
2021-12-1721Memorandum in opposition to re 20 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss filed by TRISTAN BROWN, PETE BUTTIGIEG, U.S. DEPARTMENT OF TRANSPORTATION. (Ehrlich, Stephen) (Entered: 12/17/2021)
2021-12-2322REPLY to opposition to motion re 20 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Dismiss filed by SUNOCO PIPELINE, L.P.. (Carr, Dabney) (Entered: 12/23/2021)
2021-12-2523NOTICE OF SUPPLEMENTAL AUTHORITY by SUNOCO PIPELINE, L.P. (Attachments: # 1 Exhibit A)(Carr, Dabney) (Entered: 12/25/2021)
2022-03-1624NOTICE OF SUPPLEMENTAL AUTHORITY by SUNOCO PIPELINE, L.P. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carr, Dabney) (Entered: 03/16/2022)
2022-04-08MINUTE ORDER granting 16 Motion for Leave to File Brief as Amicus Curiae and 17 Motion for Leave to File Brief as Amicus Curiae . Signed by Judge Tanya S. Chutkan on 4/8/2022. (lcac) (Entered: 04/08/2022)
2022-04-0825AMICUS BRIEF by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN GAS ASSOCIATION, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF OIL PIPE LINES, INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS. (znmw) (Entered: 04/13/2022)
2022-04-1526AMICUS BRIEF by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA. (Elwood, John) (Entered: 04/15/2022)
2022-09-30MINUTE ORDER: Plaintiffs' 20 Motion for Leave to File Surreply is hereby GRANTED. In evaluating this motion, the court considers (1) "whether the movant's reply in fact raises arguments or issues for the first time," (2) "whether the non-movant's proposed surreply would be helpful to the resolution of the pending motion," and (3) "whether the movant would be unduly prejudiced were leave to be granted." Glass v. Lahood, 786 F. Supp. 2d 189, 231 (D.D.C. 2011). On balance, these factors weigh toward granting the motion. The first factor slightly favors Defendants. Plaintiffs are correct that Defendants' Motion to Dismiss focused on the inadequacy of Plaintiffs' allegations with respect to the Trade Secrets Act, ECF No. 12 at 6, but Defendants are correct that their Reply's discussion of the relationship between FOIA's Exemption 4 and the Trade Secrets Act was largely responsive to the arguments in Plaintiffs' Opposition, ECF No. 13 at 12-13. See Banner Health v. Sebelius, 905 F. Supp. 2d 174, 188 (D.D.C. 2012) (disfavoring surreply when reply does not expand the scope of issues beyond the opposition). However, the second and third factors weigh in Plaintiffs' favor. The additional discussion may be helpful to the court's understanding of the issue, and Defendants conclude (based on their belief that the surreply is "unhelpful and unnecessary") that it would not be prejudicial to them, see ECF No. 21 at 5. As a result, the court finds good cause to grant this motion. Signed by Judge Tanya S. Chutkan on 09/30/2022. (lcss) (Entered: 09/30/2022)
2022-09-3027SURREPLY to re 12 MOTION to Dismiss filed by SUNOCO PIPELINE, L.P.. (Attachment: # 1 Exhibit)(zjm) (Entered: 10/04/2022)
2023-02-1528NOTICE OF SUPPLEMENTAL AUTHORITY by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION (Ehrlich, Stephen) (Entered: 02/15/2023)
2023-03-0129RESPONSE re 28 NOTICE OF SUPPLEMENTAL AUTHORITY by SUNOCO PIPELINE, L.P. re 28 NOTICE OF SUPPLEMENTAL AUTHORITY (Carr, Dabney) Modified on 3/2/2023 to correct event/ add docket link (zjm). (Entered: 03/01/2023)
2023-09-2930MEMORANDUM AND OPINION re: Defendants' 12 Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 9/29/2023. (lcb) (Entered: 09/29/2023)
2023-09-2931ORDER denying Defendants' 12 Motion to Dismiss. See Order for details. Signed by Judge Tanya S. Chutkan on 9/29/2023. (lcb) (Entered: 09/29/2023)
2023-09-29MINUTE ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is hereby set for 11/08/23 at 11:00 am in Courtroom 9. No later than 11/06/2023 the parties shall file their joint Report of the Parties' Planning Meeting, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3. The Report shall include a proposed Scheduling Order in the format found on Judge Chutkan's court webpage, along with any proposed changes which shall be highlighted. On the same day that the parties file their Rule 26 report and proposed Scheduling Order, the parties shall also email a Word version of the proposed order to Chambers. When proposing deadlines, the parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. In addition to the requirements under the Federal and Local Rules, the parties' report shall contain a succinct summary of the case and the statutory basis for all causes of action and defenses. Counsel who attend the Scheduling Conference must be sufficiently familiar with the case to answer any questions which arise and hold the authority to make stipulations and admissions about all matters that can reasonably be anticipated for discussion. Parties are encouraged to attend but are not required to do so. Separate Reports will be stricken, sua sponte. Signed by Judge Tanya S. Chutkan on 9/29/2023. (lcb) (Entered: 09/29/2023)
2023-10-04MINUTE ORDER: Pursuant to Fed. R. Civ. P. 60(a), the 09/29/23 MINUTE ORDER SETTING SCHEDULING CONFERENCE is hereby VACATED, due to clerical error. Defendant shall file an answer to the Complaint by October 13, 2023. Signed by Judge Tanya S. Chutkan on 10/04/2023. (lce) (Entered: 10/04/2023)
2023-10-1232Consent MOTION for Extension of Time to File Answer by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Ehrlich, Stephen) (Entered: 10/12/2023)
2023-10-12MINUTE ORDER: GRANTING 32 Consent Motion for Extension of Time to File Answer. Answer due by 11/13/23. Signed by Judge Tanya S. Chutkan on 10/12/23. (lce) (Entered: 10/12/2023)
2023-11-0233Consent MOTION for Voluntary Remand and Stay by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Attachments: # 1 Text of Proposed Order)(Ehrlich, Stephen) Modified on 11/3/2023 to correct relief (zjm). Added MOTION to Stay on 11/3/2023 (zjm). (Entered: 11/02/2023)
2023-11-0234ORDER GRANTING 33 Motion for Voluntary Remand Stay. This case is hereby stayed pending further order of the court. Signed by Judge Tanya S. Chutkan on 11/02/23. (lce) (Entered: 11/02/2023)
2023-11-02Case Stayed. (znbn) (Entered: 11/02/2023)
2023-11-03MINUTE ORDER: The parties shall file Joint Status Report by 02/01/24 and every 90 days thereafter. To the extent that the parties request a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/03/23. (lce) (Entered: 11/03/2023)
2023-11-03Set/Reset Deadlines: Joint Status Report due by 2/1/2024. (znbn) (Entered: 11/03/2023)
2024-02-0135Joint STATUS REPORT by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Ehrlich, Stephen) (Entered: 02/01/2024)
2024-05-0136Joint STATUS REPORT by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Ehrlich, Stephen) (Entered: 05/01/2024)
2024-07-3037Joint STATUS REPORT by TRISTAN BROWN, PETE BUTTIGIEG, PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION. (Ehrlich, Stephen) (Entered: 07/30/2024)
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