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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01828
Date Filed2022-06-27
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionThe Functional Government Initiative submitted a FOIA request to the Department of Energy for records concerning the release or potential release from the Strategic Petroleum Reserve. FGI also requested a fee waiver. The agency acknowledged receipt of the request and granted FGI a fee waiver. After hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-271COMPLAINT against DEPARTMENT OF ENERGY ( Filing fee $ 402 receipt number ADCDC-9332900) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit FOIA from FGI to Department of Energy, # 2 Exhibit FGI Email Inquiries April 14 & 19, 2022, # 3 Exhibit FGI Request for Update May 5, 2022, # 4 Summons U.S. Attorney General, # 5 Summons U.S. Attorney's Office for D.C., # 6 Summons Depart. of Energy Office of Gen Counsel, # 7 Civil Cover Sheet)(Goeken, Richard) (Entered: 06/27/2022)
2022-06-27Case Assigned to Judge John D. Bates. (zsb) (Entered: 06/27/2022)
2022-06-272SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/27/2022)
2022-08-013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 1, 2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/30/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 7/30/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 7/1/2022 (Goeken, Richard) Modified on 8/3/2022 to correct date served(zjm). (Entered: 08/01/2022)
2022-08-024WITHDRAWN PURSUANT TO MINUTE ORDER FILED ON 08/08/2022.....AFFIDAVIT FOR DEFAULT by FUNCTIONAL GOVERNMENT INITIATIVE. (Goeken, Richard) Modified on 8/3/2022 to correct event type(zjm). Modified on 8/10/2022 (tb). (Entered: 08/02/2022)
2022-08-03MINUTE ORDER: Defendant is hereby ORDERED to explain why service was not properly made in this case or respond to 1 the complaint by not later than August 17, 2022. SO ORDERED. Signed by Judge John D. Bates on 8/3/2022. (lcjdb2) (Entered: 08/03/2022)
2022-08-03Set/Reset Deadlines: Defendant is ORDERED to explain why service was not properly made in this case or respond to the complaint 1 by 8/17/2022. (jth) (Entered: 08/03/2022)
2022-08-085RESPONSE TO ORDER OF THE COURT re Order filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit (Tracking Information))(Hudak, Brian) (Entered: 08/08/2022)
2022-08-086REPLY re 5 RESPONSE TO ORDER OF THE COURT filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Goeken, Richard) Modified on 8/10/2022 to correct docket text (zjm). (Entered: 08/08/2022)
2022-08-09MINUTE ORDER: Upon consideration of 6 plaintiff's reply to the response to court order, and the entire record herein, it is hereby ORDERED that 4 plaintiff's request for default judgment is WITHDRAWN AS MOOT. SO ORDERED. Signed by Judge John D. Bates on 8/9/2022. (lcjdb2) (Entered: 08/09/2022)
2022-08-197CERTIFICATE OF SERVICE by FUNCTIONAL GOVERNMENT INITIATIVE Affidavit of Service of Process as to All Defendants . (Goeken, Richard) (Entered: 08/19/2022)
2022-08-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/11/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 9/10/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/01/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 7/1/2022 (See Docket Entry 7 to view document) (zjm) (Entered: 08/23/2022)
2022-09-079NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Brian Hudak (Jones, Sian) (Entered: 09/07/2022)
2022-09-0810Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/08/2022)
2022-09-08MINUTE ORDER: Upon consideration of 10 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that defendant shall respond to 1 the complaint by not later than October 12, 2022. SO ORDERED. Signed by Judge John D. Bates on 9/8/2022. (lcjdb2) (Entered: 09/08/2022)
2022-09-12Set/Reset Deadlines: Answer due by 10/12/2022. (tb) (Entered: 09/12/2022)
2022-10-1211ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Jones, Sian) (Entered: 10/12/2022)
2022-10-2512Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 10/25/2022)
2022-10-25MINUTE ORDER: Upon consideration of 12 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than November 29, 2022. Signed by Judge John D. Bates on 10/25/2022. (lcjdb2) (Entered: 10/25/2022)
2022-11-01Set/Reset Deadlines: Joint Status Report due by 11/29/2022. (tb) (Entered: 11/01/2022)
2022-11-2913Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 11/29/2022)
2022-11-29MINUTE ORDER: Upon consideration of 13 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than January 6, 2023. Signed by Judge John D. Bates on 11/29/2022. (lcjdb2) (Entered: 11/29/2022)
2022-11-30Set/Reset Deadlines: Joint Status Report due by 1/6/2023. (tb) (Entered: 11/30/2022)
2023-01-0614Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 01/06/2023)
2023-01-09MINUTE ORDER: Upon consideration of 14 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than February 7, 2023. Signed by Judge John D. Bates on 1/9/2023. (lcjdb2) (Entered: 01/09/2023)
2023-01-10Set/Reset Deadlines: Joint Status Report due by 2/7/2023. (tb) (Entered: 01/10/2023)
2023-02-0715Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 02/07/2023)
2023-02-08MINUTE ORDER: Upon consideration of 15 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than March 7, 2023. Signed by Judge John D. Bates on 2/8/2023. (lcjdb2) (Entered: 02/08/2023)
2023-02-14Set/Reset Deadlines: Joint Status Report due by 3/7/2023. (tb) (Entered: 02/14/2023)
2023-03-0716Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 03/07/2023)
2023-03-08MINUTE ORDER: Upon consideration of 16 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall meet and confer and file a proposed a briefing schedule for dispositive motions by not later than March 21, 2023. Signed by Judge John D. Bates on 3/8/2023. (lcjdb2) (Entered: 03/08/2023)
2023-03-15Set/Reset Deadlines: Dispositive Motions due by 3/21/2023. (tb) (Entered: 03/15/2023)
2023-03-2117Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 03/21/2023)
2023-03-22MINUTE ORDER: Upon consideration of 17 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than May 2, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 3/22/2023. (lcjdb2) (Entered: 03/22/2023)
2023-03-29Set/Reset Deadlines: Joint Status Report due by 5/2/2023. (tb) (Entered: 03/29/2023)
2023-05-0218Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 05/02/2023)
2023-05-08MINUTE ORDER: Upon consideration of 18 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than June 1, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 5/8/2023. (lcjdb2) (Entered: 05/08/2023)
2023-05-11Set/Reset Deadlines: Joint Status Report due by 6/1/2023. (tb) (Entered: 05/11/2023)
2023-06-0119Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 06/01/2023)
2023-06-01MINUTE ORDER: Upon consideration of 19 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than July 11, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 6/1/2023. (lcjdb2) (Entered: 06/01/2023)
2023-06-02Set/Reset Deadlines: Joint Status Report due by 7/11/2023. (zgf) (Entered: 06/02/2023)
2023-07-1120Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 07/11/2023)
2023-07-12MINUTE ORDER: Upon consideration of 20 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than August 10, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 7/12/2023. (lcjdb2) (Entered: 07/12/2023)
2023-07-13Set/Reset Deadlines: Parties' Joint Status Report due by 8/10/2023. (kk) (Entered: 07/13/2023)
2023-08-1021Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 08/10/2023)
2023-08-10MINUTE ORDER: Upon consideration of 21 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than September 11, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 8/10/2023. (lcjdb2) (Entered: 08/10/2023)
2023-08-10Set/Reset Deadline: Parties Joint Status Report due by 9/11/2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. (jth) (Entered: 08/10/2023)
2023-08-3122NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF ENERGY (DeGenaro, Stephen) (Entered: 08/31/2023)
2023-09-1123Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (DeGenaro, Stephen) (Entered: 09/11/2023)
2023-09-12MINUTE ORDER: Upon consideration of 23 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than October 26, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 9/12/2023. (lcjdb2) (Entered: 09/12/2023)
2023-09-12Set/Reset Deadlines: Joint Status Report due by 10/26/2023. (zed) (Entered: 09/13/2023)
2023-10-2624Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (DeGenaro, Stephen) (Entered: 10/26/2023)
2023-10-27MINUTE ORDER: Upon consideration of 24 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file a joint status report by not later than December 11, 2023 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 10/27/2023. (lcjdb2) (Entered: 10/27/2023)
2023-12-1125Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (DeGenaro, Stephen) (Entered: 12/11/2023)
2023-12-11MINUTE ORDER: Upon consideration of 25 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than January 25, 2024 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 12/11/2023. (lcjdb2) (Entered: 12/11/2023)
2024-01-2526Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 01/25/2024)
2024-01-25MINUTE ORDER: Upon consideration of 26 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than February 27, 2024 apprising the Court of whether dispositive briefing will be necessary and, if so, a proposed briefing schedule. Signed by Judge John D. Bates on 1/25/2024. (lcjdb2) (Entered: 01/25/2024)
2024-02-2727Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 02/27/2024)
2024-02-27MINUTE ORDER: Upon consideration of 27 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than April 12, 2024. Signed by Judge John D. Bates on 2/27/2024. (lcjdb2) (Entered: 02/27/2024)
2024-04-1228Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 04/12/2024)
2024-04-12MINUTE ORDER: Upon consideration of 28 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than May 21, 2024. Signed by Judge John D. Bates on 4/12/2024. (lcjdb2) (Entered: 04/12/2024)
2024-05-2129Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 05/21/2024)
2024-05-22MINUTE ORDER: Upon consideration of 29 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than June 21, 2024. For almost six months, the parties have reported only that "they have exchanged emails about the issues currently outstanding and are continuing to negotiate a potential resolution." Accordingly, it is further ORDERED that the parties' next status report shall identify (1) the specific remaining issues in dispute and (2) the parties' proposed path forward as to each of these issues, including whether dispositive briefing will be necessary. SO ORDERED. Signed by Judge John D. Bates on 5/22/2024. (lcjdb2) (Entered: 05/22/2024)
2024-06-2130Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 06/21/2024)
2024-06-2331NOTICE by FUNCTIONAL GOVERNMENT INITIATIVE (Goeken, Richard) (Entered: 06/23/2024)
2024-06-2332LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FUNCTIONAL GOVERNMENT INITIATIVE (Goeken, Richard) (Entered: 06/23/2024)
2024-06-24MINUTE ORDER: Upon consideration of 30 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than August 16, 2024. SO ORDERED. Signed by Judge John D. Bates on 6/24/2024. (lcjdb2) (Entered: 06/24/2024)
2024-08-1633Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Jones, Sian) (Entered: 08/16/2024)
2024-08-19MINUTE ORDER: Upon consideration of 33 the parties' joint status report, and the entire record herein, it is hereby ORDERED that a status conference is set for September 4, 2024 at 10:00 a.m. in Courtroom 30. Signed by Judge John D. Bates on 8/19/2024. (lcjdb2) (Entered: 08/19/2024)
2024-09-04Minute Entry for Status Conference proceeding held on 9/4/2024 before Judge John D. Bates. Parties discussed posture of the case. Joint Proposed Scheduling Order due by 9/18/2024. (Court Reporter Tim Miller.) (zed) (Entered: 09/04/2024)
2024-09-1834Joint STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/18/2024)
2024-09-19MINUTE ORDER: Upon consideration of 34 the parties' joint status report, and the entire record herein, it is hereby ORDERED that the parties shall file another joint status report by not later than October 24, 2024. (lcjdb2) (Entered: 09/19/2024)
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