| Date Filed | Doc # | Docket Text |
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| 2022-06-30 | 1 | COMPLAINT against U.S. DEPARTMENT OF ENERGY ( Filing fee $ 402 receipt number ADCDC-9342124) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit A:Energy Request, # 2 Exhibit B:Interim Response, # 3 Civil Cover Sheet, # 4 Summons)(Field, Brian) (Entered: 06/30/2022) |
| 2022-07-01 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Field, Brian) (Entered: 07/01/2022) |
| 2022-07-05 | | Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 07/05/2022) |
| 2022-07-06 | 3 | STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 07/6/2022. (lcrdm3) (Entered: 07/06/2022) |
| 2022-07-07 | 4 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 07/07/2022) |
| 2022-07-27 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/7/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/6/2022. (Attachments: # 1 Declaration of K. Robinson w/Exhibits)(Field, Brian) (Entered: 07/27/2022) |
| 2022-07-27 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 7/18/2022 (Attachments: # 1 Declaration of K. Robinson w/Exhibits)(Field, Brian) (Entered: 07/27/2022) |
| 2022-07-27 | 7 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/18/2022. (Attachments: # 1 Declaration of K. Robinson w/Exhibits)(Field, Brian) (Entered: 07/27/2022) |
| 2022-08-08 | 8 | NOTICE of Appearance by Hannah Solomon-Strauss on behalf of U.S. DEPARTMENT OF ENERGY (Solomon-Strauss, Hannah) (Entered: 08/08/2022) |
| 2022-08-08 | 9 | NOTICE of Appearance by Giselle Barcia on behalf of U.S. DEPARTMENT OF ENERGY (Barcia, Giselle) (Entered: 08/08/2022) |
| 2022-08-08 | 10 | ANSWER to Complaint by U.S. DEPARTMENT OF ENERGY.(Barcia, Giselle) (Entered: 08/08/2022) |
| 2022-08-08 | | MINUTE ORDER: It is ORDERED that, on or before September 6, 2022, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear by video for an Initial Scheduling Conference on September 13, 2022, at 10:30 a.m., before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 08/08/2022. (lcrdm3) (Entered: 08/08/2022) |
| 2022-08-25 | 11 | NOTICE OF RELATED CASE by U.S. DEPARTMENT OF ENERGY. Case related to (Barcia, Giselle) (Main Document 11 replaced on 8/26/2022 due to being fillable) (zjm). (Entered: 08/25/2022) |
| 2022-09-02 | | MINUTE ORDER. Plaintiff has filed eleven FOIA cases in this court against eleven different federal government agencies, seeking from each records sufficient to identify 1) all employees who entered a position in the agency as a political appointee since January 20, 2021 or 2) all career employees who were detailed to a position eligible to be filled by a political appointee or to a new position through coordination or consultation with either the White House Liaison or Presidential Personnel Office since January 20, 2021. See Am. First Legal Found. v. U.S. Dep't of Commerce, 1:22-cv-01884-ABJ; Am. First Legal Found. v. U.S. Dep't of Energy, 1:22-cv-01888-RDM; Am. First Legal Found. v. U.S. Dep't of Health & Human Services, 1:22-cv-01895-TSC; Am. First Legal Found. v. U.S. Dep't of Homeland Security, 1:22-cv-01896-CJN; Am. First Legal Found. v. U.S. Dep't of State, 1:22-cv-01897-CJN; Am. First Legal Found. v. U.S. Dep't of Transportation, 1:22-cv-01898-ABJ; Am. First Legal Found. v. U.S. Dep't of Treasury, 1:22-cv-01899-TSC; Am. First Legal Found. v. U.S. Dep't of Veterans Affairs, 1:22-cv-01900-ABJ; Am. First Legal Found. v. U.S. Dep't of Education, 1:22-cv-01901-DLF; Am. First Legal Found. v. U.S. Dep't of the Interior, 1:22-cv-01903-BAH; Am. First Legal Found. v. U.S. Dep't of Labor, 1:22-cv-01905-CKK. Plaintiff has filed a notice of related case in each case, asserting that all of the cases are related under Local Civil Rule 40.5. Plaintiff maintains that they raise common issues of fact and law because they involve identical FOIA requests, and will, plaintiff predicts, result in similar document productions and involve similar FOIA exemptions. If the cases were related, Rule 40.5(c)(1) would direct that they be reassigned to the judge with the oldest pending case, which is America First Legal Foundation v. U.S. Department of Commerce, 1:22-cv-01884-ABJ. Upon review of plaintiff's notice of related case, though, the Court concludes that the eleven cases are not related under Local Rule 40.5. While the requests themselves called for the same types of records, that does not mean that litigation involving the agencies' responses will present common issues to be resolved. Summary judgment motions often test the adequacy of the search, and here, the requests were transmitted to eleven different agencies, with their own hiring processes, record keeping systems, and custodians. Each agency's effort to identify and produce documents responsive to plaintiff's request will involve searching the files of different custodians in different locations and on different systems, using terms appropriate to the agency, and the questions presented when each agency announces that the search has been completed will be different. Even the early stages of the litigation, when production schedules are established, will vary from agency to agency depending upon the volume of responsive material and the agency's FOIA resources. Moreover, the legitimacy of any claimed exemptions, another issue that can be litigated on summary judgment, may vary depending upon the mission of the agency, including whether it has a law enforcement function and the volume of classified material essential to its work. In sum, despite the similarity of the requests, it is not apparent now that the facts and law to be considered in determining whether each agency has complied with FOIA will be the same, and the cases will not be reassigned pursuant to Local Rule 40.5. This order does not rule out the possibility that cases could be consolidated in the future for the consideration of a common question of law. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/02/2022. (DMK) (Entered: 09/02/2022) |
| 2022-09-06 | 12 | Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Solomon-Strauss, Hannah) (Entered: 09/06/2022) |
| 2022-09-08 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that (1) the initial scheduling conference set in this matter for September 13, 2022, at 10:30 a.m., via Zoom, is hereby VACATED; and (2) the parties shall file a further joint status report on or before October 6, 2022. Signed by Judge Randolph D. Moss on 09/08/2022. (lcrdm3) (Entered: 09/08/2022) |
| 2022-10-06 | 13 | Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Solomon-Strauss, Hannah) (Entered: 10/06/2022) |
| 2022-10-07 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 14, 2022. Signed by Judge Randolph D. Moss on 10/7/2022. (lcrdm3) (Entered: 10/07/2022) |
| 2022-11-14 | 14 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 11/14/2022) |
| 2022-11-18 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 13, 2022, to advise the court on any outstanding issues with the productions and to propose a schedule for briefing, if necessary. Signed by Judge Randolph D. Moss on 11/18/2022. (lcrdm3) (Entered: 11/18/2022) |
| 2022-12-13 | 15 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 12/13/2022) |
| 2022-12-14 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 1, 2023, to advise the court on any outstanding issues with the productions and to propose a schedule for briefing, if necessary. Signed by Judge Randolph D. Moss on 12/14/2022. (lcrdm3) (Entered: 12/14/2022) |
| 2023-02-01 | 16 | Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Solomon-Strauss, Hannah) (Entered: 02/01/2023) |
| 2023-02-02 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 17, 2023, to advise the Court on any outstanding issues with the productions and to request a pre-motions scheduling conference, if appropriate. Signed by Judge Randolph D. Moss on 2/2/2023. (lcrdm3) (Entered: 02/02/2023) |
| 2023-04-17 | 17 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 04/17/2023) |
| 2023-04-18 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file another joint status report on or before June 1, 2023. Signed by Judge Randolph D. Moss on 4/18/2023. (lcrdm3) (Entered: 04/18/2023) |
| 2023-06-01 | 18 | Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Solomon-Strauss, Hannah) (Entered: 06/01/2023) |
| 2023-06-09 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 12, 2023. Signed by Judge Randolph D. Moss on 6/9/2023. (lcrdm3) (Entered: 06/09/2023) |
| 2023-07-12 | 19 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 07/12/2023) |
| 2023-07-13 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 30, 2023 unless the case is voluntarily dismissed before then. Signed by Judge Randolph D. Moss on 07/13/2023. (lcrdm3) (Entered: 07/13/2023) |
| 2023-08-30 | 20 | Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Solomon-Strauss, Hannah) (Entered: 08/30/2023) |
| 2023-09-06 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report, including a proposed briefing schedule, on or before October 6. Signed by Judge Randolph D. Moss on 09/06/2023. (lcrdm3) (Entered: 09/06/2023) |
| 2023-10-06 | 21 | Joint STATUS REPORT by U.S. DEPARTMENT OF ENERGY. (Solomon-Strauss, Hannah) (Entered: 10/06/2023) |
| 2023-10-16 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that if and once Plaintiff files its motion for fees, that motion will be held in abeyance, and any response deadlines shall be tolled, pending further order of this Court. It is further ORDERED that the government shall file a notice regarding Judge Berman Jackson's ruling on its pending motion to consolidate in America First Legal Foundation v. Dep't of Commerce , No. 22-cv-1884, on or before 3 days after the date that Judge Berman Jackson has made a decision. If no decision has been rendered by November 13, 2023, it is further ORDERED that the parties shall file a further joint status report on or before that date. Signed by Judge Randolph D. Moss on 10/16/2023. (lcrdm3) (Entered: 10/16/2023) |
| 2023-10-30 | 22 | NOTICE by U.S. DEPARTMENT OF ENERGY re Order,,,, Status Report Order,,, (Solomon-Strauss, Hannah) (Entered: 10/30/2023) |
| 2023-10-30 | | MINUTE ORDER: Upon consideration of Defendant's notice, Dkt. 22 , it is hereby ORDERED that if and once Plaintiff files its motion for fees, that motion will no longer be held in abeyance as Judge Berman Jackson has denied the government's request to consolidate in America First Legal Foundation v. Dep't of Commerce , No. 22-cv-1884. It is further ORDERED that the parties shall file a further joint status report, including a proposed briefing schedule, on or before November 3, 2023. Signed by Judge Randolph D. Moss on 10/30/2023. (lcrdm3) (Entered: 10/30/2023) |
| 2023-11-02 | 23 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 11/02/2023) |
| 2023-11-06 | | MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that: (1) Plaintiff shall file its motion for fees and costs on or before November 21, 2023; (2) DOE shall file its opposition on or before December 19, 2023; and (3) Plaintiff shall file its reply on or before January 9, 2024. Signed by Judge Randolph D. Moss on 11/06/2023. (lcrdm3) (Entered: 11/06/2023) |
| 2023-11-21 | 24 | MOTION for Attorney Fees and Costs by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Field Decl.), # 3 Exhibit 2 (DOJ Opp'n in CREW), # 4 Exhibit 3 (DOJ Resp. in NVLSP), # 5 Exhibit 4 (DOJ Opp'n in WP Co.), # 6 Exhibit 5 (DOJ Resp. in Vollman), # 7 Text of Proposed Order)(Field, Brian) (Entered: 11/21/2023) |
| 2023-11-30 | 25 | NOTICE of Appearance by Zachary W. Sherwood on behalf of U.S. DEPARTMENT OF ENERGY (Sherwood, Zachary) (Entered: 11/30/2023) |
| 2023-12-19 | 26 | Memorandum in opposition to re 24 Motion for Attorney Fees, filed by U.S. DEPARTMENT OF ENERGY. (Attachments: # 1 Declaration Morris declaration, # 2 Exhibit Declaration exhibits, # 3 Exhibit DOE Fees Index, # 4 Exhibit Correspondence)(Solomon-Strauss, Hannah) (Entered: 12/19/2023) |
| 2024-01-02 | 27 | Unopposed MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Attorney Fees and Costs by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Field, Brian) (Entered: 01/02/2024) |
| 2024-01-06 | | MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for extension of time, Dkt. 27 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Plaintiff shall file its reply in support of its motion for attorneys' fees and costs on or before January 23, 2024. Signed by Judge Randolph D. Moss on 1/6/2024. (lcrdm3) (Entered: 01/06/2024) |
| 2024-01-23 | 28 | REPLY to opposition to motion re 24 MOTION for Attorney Fees and Costs filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Declaration (Supplemental) of Brian J. Field with Exhibits)(Field, Brian) (Entered: 01/23/2024) |
| 2024-06-28 | | MINUTE ORDER: Upon consideration of Plaintiff's motion for attorney fees, Dkt. 24 , it is hereby ORDERED that this matter is referred in full to a Magistrate Judge, to be assigned at random by the Clerk's Office, for purposes of issuing a Report and Recommendation on the matter. See LCvR 72.3(a)(7); Fed. R. Civ. P. 54(d)(2)(D). Signed by Judge Randolph D. Moss on 6/28/2024. (lcrdm3) (Entered: 06/28/2024) |
| 2024-06-28 | | CASE RANDOMLY REFERRED to Magistrate Judge Moxila A. Upadhyaya for Report and Recommendation re 24 MOTION for Attorney Fees and Costs. (zsl) (Entered: 07/05/2024) |
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