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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03419
Date Filed2022-11-08
Date Closed2024-07-25
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionInstitute for Energy Research submitted a FOIA request to the Federal Regulatory Commission for records concerning communications between the agency and the White House pertaining to its processing of two IER FOIA requests. The agency acknowledged receipt of the request and denied the request entirely under Exemption 5 (privileges). IER filed an administrative appeal. The agency denied IER's appeal. IER then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-041COMPLAINT against Federal Energy Regulatory Commission (Filing fee $ 402 receipt number ATXSDC-28877639) filed by Institute for Energy Research. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summonses)(Hardin, Matthew) [Transferred from Texas Southern on 11/8/2022.] (Entered: 10/04/2022)
2022-10-052Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF, filed.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 10/05/2022)
2022-10-063ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/9/2023 at 03:30 PM by video before Judge Drew B Tipton.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 10/06/2022)
2022-10-274NOTICE of Appearance by Christopher Horner on behalf of Institute for Energy Research, filed. (BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 10/27/2022)
2022-11-045ANSWER to 1 Complaint by Federal Energy Regulatory Commission, filed.(Siddiqui, Myra) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/04/2022)
2022-11-046Joint MOTION to Transfer Case to District of Columbia by Federal Energy Regulatory Commission, filed. Motion Docket Date 11/25/2022. (Attachments: # 1 Proposed Order)(Siddiqui, Myra) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/04/2022)
2022-11-047ORDER TO TRANSFER CASE to District of Columbia; granting 6 Joint Motion to Transfer Case.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/04/2022)
2022-11-04Interdistrict transfer to District of Columbia. Case transferred electronically. Case terminated on 11/4/2022, filed. (BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/04/2022)
2022-11-088Case transferred in from District of Texas Southern; Case Number 6:22-cv-00042. Original file ,transfer order and docket sheet received. (Entered: 11/08/2022)
2022-11-089ORDER regarding Meet and Confer and Joint Status Report, proposing a schedule for proceeding in this matter, due by no later than DECEMBER 6, 2022. Signed by Judge Colleen Kollar-Kotelly on 11/8/22. (lcckk3) (Entered: 11/08/2022)
2022-11-08Set/Reset Deadlines: Joint Meet & Confer Statement due by 12/6/2022. (dot) (Entered: 11/14/2022)
2022-11-0910ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/9/22. (DM) (Entered: 11/09/2022)
2022-12-0611NOTICE of Appearance by Erika Kirstie Oblea on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Oblea, Erika) (Entered: 12/06/2022)
2022-12-0612Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Oblea, Erika) (Entered: 12/06/2022)
2022-12-06MINUTE ORDER. The Court is in receipt of the 12 Joint Status Report, in which the parties indicate that the parties are continuing to discuss Plaintiff's FOIA request and that establishing a summary judgment briefing schedule and filing of a Vaughn index would be premature at this time. Per the parties' suggestion, the Court ORDERS that the parties shall file another Joint Status Report by no later than JANUARY 20, 2023 to update the Court on the progress of the parties' discussions and, to the extent necessary, to propose a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 12/6/22. (lcckk3) (Entered: 12/06/2022)
2022-12-06Set/Reset Deadlines: Joint Status Report due by 1/20/2023, to update the Court on the progress of the parties' discussions and, to the extent necessary, to propose a briefing schedule. (dot) (Entered: 12/06/2022)
2022-12-0913NOTICE OF SUBSTITUTION OF COUNSEL by Lshauntee J. Robertson on behalf of All Defendants Substituting for attorney Erika Oblea (Robertson, Lshauntee) (Entered: 12/09/2022)
2023-01-2014Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Robertson, L'Shauntee) (Entered: 01/20/2023)
2023-01-20MINUTE ORDER. The Court is in receipt of the 14 Joint Status Report, in which the parties indicate since the last 12 Joint Status Report, Defendant has released four previously withheld documents, with redactions, and yesterday Plaintiff informed Defendant about Plaintiff's challenges to that release. Accordingly, Defendant believes that establishing a summary judgment briefing schedule and filing of a Vaughn index would be premature at this time; Plaintiff does not agree but is willing to engage in conferences in hopes of resolving or narrowing issues in dispute. Per the parties' suggestion, the Court ORDERS that the parties shall file another Joint Status Report by no later than MARCH 7, 2023 to update the Court on the progress of the parties' discussions and, to the extent necessary, to propose a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 1/20/23. (lcckk3) (Entered: 01/20/2023)
2023-01-20Set/Reset Deadlines: Joint Status Report due by 3/7/2023, to update the Court on the progress of the parties' discussions and, to the extent necessary, to propose a briefing schedule. (dot) (Entered: 01/25/2023)
2023-03-0715Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Robertson, L'Shauntee) (Entered: 03/07/2023)
2023-03-0816Scheduling and Procedures Order. Signed by Judge Colleen Kollar-Kotelly on 3/8/23. (lcckk3) (Entered: 03/08/2023)
2023-03-08Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 5/5/2023. Response to Motion for Summary Judgment due by 6/19/2023. Reply to Motion for Summary Judgment due by 8/3/2023. Plaintiff's Cross Motion for Summary Judgment due by 6/19/2023. Response to Cross Motion for Summary Judgment due by 8/3/2023. Reply to Cross Motion for Summary Judgment due by 8/17/2023. (dot) (Entered: 03/08/2023)
2023-03-27Cases Consolidated. Cases 22-3419 have been consolidated with case 22-2756, pursuant to an Order entered 03/27/2023. From this date forward, all pleadings shall be filed ONLY in the lead/earlier case, Civil Action No. 22-2756. The parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm) (Entered: 04/10/2023)
2023-05-0517MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Declaration and Vaughn Index)(Robertson, L'Shauntee) (Entered: 05/05/2023)
2023-06-2018RESPONSE re 17 MOTION for Summary Judgment filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Statement of Facts Response to Defendant's Statement, # 2 Exhibit 1)(Hardin, Matthew) (Entered: 06/20/2023)
2023-08-0319REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Robertson, L'Shauntee) (Entered: 08/03/2023)
2024-07-2520ORDER granting Defendant's 17 Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 7/25/24. (lcckk3) (Entered: 07/25/2024)
2024-07-2521MEMORANDUM OPINION accompanying 20 Order. Signed by Judge Colleen Kollar-Kotelly on 7/25/24. (lcckk3) (Entered: 07/25/2024)
2024-08-0822MOTION for Attorney Fees by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Declaration of Matthew Hardin, # 2 Declaration of Christopher C. Horner)(Hardin, Matthew) (Entered: 08/08/2024)
2024-08-1523Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Attorney Fees by FEDERAL ENERGY REGULATORY COMMISSION. (Robertson, L'Shauntee) (Entered: 08/15/2024)
2024-08-16MINUTE ORDER granting Defendant's 23 Motion for Extension of Time to File Response/Reply as to 22 MOTION for Attorney Fees. Defendant requests an extension of time to file its response to Plaintiff's 22 Motion for Attorney Fees. Plaintiff does not oppose this request. This is Defendant's first request for an extension in this matter. And Defendant has informed the Court that the parties are conferring about the potential resolution of this matter without further intervention by this Court. Accordingly, the Court GRANTS Defendant's request for an extension and ORDERS Defendant to respond to Plaintiff's 22 motion on or before SEPTEMBER 24, 2024. Signed by Judge Colleen Kollar-Kotelly on 8/16/2024. (lcdf) (Entered: 08/16/2024)
2024-08-16Set/Reset Deadlines: Defendant to respond to Plaintiff's 22 motion on or before 9/24/2024. (dot) (Entered: 08/16/2024)
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