| Date Filed | Doc # | Docket Text |
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| 2022-12-07 | 1 | COMPLAINT against DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE ( Filing fee $ 402 receipt number ADCDC-9717019) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Proposed to AG, USAO, and Agency Counsel)(Hardin, Matthew) (Entered: 12/07/2022) |
| 2022-12-07 | 2 | NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 12/07/2022) |
| 2022-12-08 | 3 | SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 12/08/2022) |
| 2022-12-08 | | Case Assigned to Judge Dabney L. Friedrich. (zcb) (Entered: 12/08/2022) |
| 2022-12-14 | 4 | STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on December 14, 2022. (lcdlf1) (Entered: 12/14/2022) |
| 2023-01-20 | 5 | Consent MOTION for Extension of Time to File Answer re 1 Complaint, nunc pro tunc by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Venguswamy, Kartik) (Entered: 01/20/2023) |
| 2023-01-23 | | MINUTE ORDER granting the defendants' 5 Consent Motion for Extension of Time to Answer Complaint. The defendants shall answer, move to dismiss, or otherwise respond to the plaintiff's complaint on or before February 10, 2023. In addition, the public docket reflects that the plaintiff has not yet filed proof of service of the defendants. In accordance with Rule 4(m) of the Federal Rules of Civil Procedure, plaintiff is ORDERED to file proof of service on or before February 5, 2023. So Ordered by Judge Dabney L. Friedrich on January 23, 2023. (lcdlf1) (Entered: 01/23/2023) |
| 2023-01-23 | | Set/Reset Deadlines: Answer due by 2/10/2023. Proof of service due by 2/5/2023. (zjch, ) (Entered: 01/23/2023) |
| 2023-01-25 | 6 | STIPULATION re 1 Complaint, Service Accomplished Dec. 8, 2022 by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A)(Hardin, Matthew) (Entered: 01/25/2023) |
| 2023-02-12 | 7 | MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Venguswamy, Kartik) (Entered: 02/12/2023) |
| 2023-02-15 | 8 | RESPONSE re 7 MOTION for Extension of Time to File Answer re 1 Complaint, filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hardin, Matthew) (Entered: 02/15/2023) |
| 2023-02-15 | | MINUTE ORDER. Upon consideration of the defendants' 7 Motion for Extension of Time to Respond to Complaint and the plaintiff's 8 Response, the defendants' 7 Motion is GRANTED. The defendants shall answer, move to dismiss, or otherwise respond to the plaintiff's complaint on or before March 13, 2023. So Ordered by Judge Dabney L. Friedrich on February 15, 2023. (lcdlf1) (Entered: 02/15/2023) |
| 2023-02-15 | 9 | ERRATA re 8 RESPONS (Corrected due to Error) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hardin, Matthew) Modified docket relationship/text on 2/21/2023 (zed). (Entered: 02/15/2023) |
| 2023-02-15 | 10 | NOTICE OF SUBSTITUTION OF COUNSEL by Kieran O'Neill Carter on behalf of All Defendants Substituting for attorney Kartik Narayan Venguswamy (Carter, Kieran) (Entered: 02/15/2023) |
| 2023-03-13 | 11 | ANSWER to Complaint by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE.(Carter, Kieran) (Entered: 03/13/2023) |
| 2023-03-14 | | MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before April 4, 2023. Signed by Judge Dabney L. Friedrich on March 14, 2023. (lcdlf1) (Entered: 03/14/2023) |
| 2023-04-04 | 12 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 04/04/2023) |
| 2023-04-04 | | MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before May 4, 2023. So Ordered by Judge Dabney L. Friedrich on April 4, 2023. (lcdlf1) (Entered: 04/04/2023) |
| 2023-04-25 | 13 | Unopposed MOTION to Consolidate Cases by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 04/25/2023) |
| 2023-04-26 | | MINUTE ORDER granting the defendants' 13 Unopposed Motion to Consolidate Cases. Accordingly, it is ORDERED that the related cases Institute for Energy Research v. Dep't of the Treasury, et al. , 1:23-cv-102 (RC), and Institute for Energy Research v. Dep't of the Treasury, et al. , 1:23-cv-172 (RDM), shall be consolidated with this case. It is further ORDERED that on or before May 5, 2023, the parties shall file a joint status report addressing the status of all FOIA requests. So Ordered by Judge Dabney L. Friedrich on April 26, 2023. (lcdlf1) (Entered: 04/26/2023) |
| 2023-04-26 | | Set/Reset Deadlines/Hearings: Status Report due by 5/5/2023 (zjch, ) (Entered: 04/26/2023) |
| 2023-04-26 | | Cases Consolidated. Cases 23-102 and 23-172 have been consolidated with case 22-3653, pursuant to an Order entered 04/26/2023. From this date forward, all pleadings shall be filed ONLY in the lead/earlier case, Civil Action No. 22-3653. (zed) (Entered: 05/02/2023) |
| 2023-05-05 | 14 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 05/05/2023) |
| 2023-05-05 | | MINUTE ORDER. Upon review of the parties' 14 Joint Status Report, the Court will not require the defendant to increase its proposed processing rate. "Courts have broad discretion to determine a reasonable processing rate for a FOIA request." Colbert v. FBI , No. 16-cv-1790, 2018 WL 6299966, at *3 (D.D.C. Sept. 3, 2018). The analysis is informed by "[s]everal factors," including "the size and compelling need of the request compared to others, as well as the effect of the request on the [agency's] ability to review other FOIA requests." Id. "When determining the rate at which a federal agency must respond to FOIA requests, courts often give deference to the agency's release policies." Id. Processing the approximately 6,000 responsive records at a rate of 500 pages per month, as proposed by the defendants, is consistent with processing rates in other FOIA cases, see, e.g., id. (500 pages/month for 71,000 pages); Middle E. F. v. DHS , 297 F. Supp. 3d 183, 187 (D.D.C. 2018) (500 pages/month for 3,400 pages); Daily Caller News Found. v. FBI , 387 F. Supp. 3d 112, 121 (D.D.C. 2019) (500 pages/month for 7,000 pages), and will allow production to conclude within twelve months. The plaintiff has provided no grounds for requiring the defendant to prioritize this case over similar FOIA cases, see Joint Status Report at 4 (stating that "the Service has approximately 52 active FOIA cases in federal court"), and none is evident from the record. The parties shall file another joint status report regarding the defendant's progress on or before June 16, 2023. So Ordered by Judge Dabney L. Friedrich on May 5, 2023. (lcdlf1) (Entered: 05/05/2023) |
| 2023-06-16 | 15 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 06/16/2023) |
| 2023-06-17 | | MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before July 14, 2023. So Ordered by Judge Dabney L. Friedrich on June 17, 2023. (lcdlf1) (Entered: 06/17/2023) |
| 2023-07-14 | 16 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 07/14/2023) |
| 2023-07-19 | | MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before September 13, 2023. So Ordered by Judge Dabney L. Friedrich on July 19, 2023. (lcdlf1) (Entered: 07/19/2023) |
| 2023-07-19 | | Set/Reset Deadlines: Status Report due by 9/13/2023 (zjch, ) (Entered: 07/19/2023) |
| 2023-09-13 | 17 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 09/13/2023) |
| 2023-09-13 | | MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is ORDERED that the parties shall submit a status report on or before November 13, 2023. So Ordered by Judge Dabney L. Friedrich on September 13, 2023. (lcdlf1) (Entered: 09/13/2023) |
| 2023-09-13 | | Set/Reset Deadlines: Status Report due by 11/13/2023 (zjch, ) (Entered: 09/14/2023) |
| 2023-11-13 | 18 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 11/13/2023) |
| 2023-11-14 | | MINUTE ORDER. Upon consideration of the parties' 18 Status Report, it is ORDERED that the parties shall submit another joint status report on or before January 14, 2024. The status report shall indicate whether any records remain to be produced, whether any issues must still be litigated, and/or whether this case may be dismissed. So Ordered by Judge Dabney L. Friedrich on November 14, 2023. (lcdlf1) (Entered: 11/14/2023) |
| 2024-01-16 | 19 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 01/16/2024) |
| 2024-01-16 | | MINUTE ORDER. Upon consideration of the parties' 19 Status Report, the parties shall file a joint status report on or before March 18, 2024. So Ordered by Judge Dabney L. Friedrich on January 16, 2024. (lcdlf1) (Entered: 01/16/2024) |
| 2024-03-18 | 20 | STIPULATION (Joint) by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 03/18/2024) |
| 2024-03-18 | 21 | Joint STATUS REPORT by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 03/18/2024) |
| 2024-03-18 | | MINUTE ORDER. Upon consideration of the parties' 20 Stipulation and 21 Joint Status Report, it is ORDERED as follows: the plaintiffs shall file any motion for attorney's fees on or before April 19, 2024. The defendants shall file any opposition on or before May 10, 2024. The plaintiff shall file any reply on or before May 24, 2024. So Ordered by Judge Dabney L. Friedrich on March 18, 2024. (lcdlf1) (Entered: 03/18/2024) |
| 2024-04-19 | 22 | MOTION for Attorney Fees and Costs by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit 1 (Determination Letter), # 2 Declaration of Christopher Horner, # 3 Declaration of Matthew Hardin, # 4 Declaration of B. Fitzpatrick, # 5 Exhibit C (to Declaration of B. Fitzpatrick))(Hardin, Matthew) (Entered: 04/19/2024) |
| 2024-05-10 | 23 | RESPONSE re 22 MOTION for Attorney Fees and Costs filed by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Declaration of Amy Mielke, # 2 Exhibit A: Request 1, # 3 Exhibit B: Request 2, # 4 Exhibit C: Request 3, # 5 Exhibit D: Request 4, # 6 Exhibit E: Request 5, # 7 Exhibit F: Request 6, # 8 Exhibit G: Treasury Report, # 9 Declaration of Kieran Carter, # 10 Exhibit 1: Emails, # 11 Exhibit 2: IER Cases, # 12 Exhibit 3: Horner Cases, # 13 Exhibit 4: Hardin Cases)(Carter, Kieran) (Entered: 05/10/2024) |
| 2024-05-24 | 24 | REPLY to opposition to motion re 22 MOTION for Attorney Fees and Costs filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A (Declaration of C. Horner), # 2 Exhibit B (Declaration of M. Hardin))(Hardin, Matthew) (Entered: 05/24/2024) |
| 2024-05-29 | 25 | MOTION to Strike 24 Reply to opposition to Motion, specifically to strike portions of the Declaration of Christopher Horner and portions of the Declaration of Matthew Hardin , MOTION for Leave to File a Sur-Reply by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Attachments: # 1 Text of Proposed Order)(Carter, Kieran) (Entered: 05/29/2024) |
| 2024-05-30 | | MINUTE ORDER. Upon consideration of the defendant's 24 Motion, the defendant may file a sur-reply not to exceed seven (7) pages in length on or before June 6, 2024. The plaintiff may file an opposition to the defendant's motion to strike, not to exceed four (4) pages in length, on or before June 6, 2024. So Ordered by Judge Dabney L. Friedrich on May 30, 2024. (lcdlf1) (Entered: 05/30/2024) |
| 2024-06-06 | 26 | SURREPLY to re 22 MOTION for Attorney Fees and Costs filed by DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE. (Carter, Kieran) (Entered: 06/06/2024) |
| 2024-06-06 | 27 | RESPONSE re 25 MOTION to Strike 24 Reply to opposition to Motion, specifically to strike portions of the Declaration of Christopher Horner and portions of the Declaration of Matthew Hardin MOTION for Leave to File a Sur-Reply filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 06/06/2024) |
| 2024-12-16 | 28 | ORDER. It is ORDERED that the defendants' 25 Motion to Strike and the plaintiff's 22 Motion for Attorney Fees are DENIED. See text for details. Signed by Judge Dabney L. Friedrich on December 16, 2024. (lcdlf1) (Entered: 12/16/2024) |
| 2024-12-16 | 29 | MEMORANDUM AND OPINION regarding the defendants' 25 Motion to Strike and the plaintiff's 22 Motion for Attorney Fees. See text for details. Signed by Judge Dabney L. Friedrich on December 16, 2024. (lcdlf1) (Entered: 12/16/2024) |
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