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Case TitleNorthwest Environmental Advocates v. Bonneville Power Administration
DistrictDistrict of Oregon
CityPortland
Case Number3:2023cv00898
Date Filed2023-06-21
Date Closed2023-10-10
JudgeMagistrate Judge Jolie A. Russo
PlaintiffNorthwest Environmental Advocates an Oregon non-profit corporation
Case DescriptionNorthwest Environmental Advocates submitted FOIA requests to the Bonnesville Power Administration for records concerning communications between BPA and others regarding potential development of new nuclear sources, including small modular reactors. The agency acknowledged receipt of the request. The agency told NWEA that it had located 147,000 potentially responsive records. It also told NWEA that it intended to withhold records under Exemption 4 (commercial and confidential). After hearing nothing further from the agency, NWEA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBonneville Power Administration an agency of the United States of America
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-211Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8986634 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Northwest Environmental Advocates against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Bruden, Emma) (Entered: 06/21/2023)
2023-06-212Corporate Disclosure Statement of Northwest Environmental Advocates . Filed by All Plaintiffs. (Bruden, Emma) (Entered: 06/21/2023)
2023-06-213Notice of Case Assignment to Magistrate Judge Jolie A. Russo and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 10/19/2023. Joint Alternate Dispute Resolution Report is due by 11/20/2023. Pretrial Order is due by 11/20/2023. Ordered by Magistrate Judge Jolie A. Russo. (sb) (Entered: 06/21/2023)
2023-06-214Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Mariah Harrod. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8987849. Filed by Northwest Environmental Advocates. (Harrod, Mariah) (Entered: 06/21/2023)
2023-06-215Summons Issued Electronically as to Bonneville Power Administration. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sb) (Entered: 06/21/2023)
2023-06-22Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Mariah Harrod. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8987849 4 : Reviewed and Ready for Ruling. (ecp) (Entered: 06/22/2023)
2023-06-286ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Motion for Leave to Appear Pro Hac Vice 4 as to Attorney Mariah Harrod. (gm) (Entered: 06/28/2023)
2023-07-257Answer to 1 Complaint, . Filed by Bonneville Power Administration. (Milne, Alison) (Entered: 07/25/2023)
2023-07-258ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Rule 16 Conference for 9/11/2023 at 2:30PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. Ahead of the conference, the parties shall submit a formal joint Rule 26(f) Report and Discovery Plan. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. The parties are strongly encouraged to consider consenting, particularly if a firm trial date is desired. (gm) (Entered: 07/25/2023)
2023-08-249Joint Motion for Extension of Discovery & PTO Deadlines . Filed by Bonneville Power Administration. (Milne, Alison) (Entered: 08/24/2023)
2023-08-2410ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Joint Motion for Extension of Time 9 as follows: The parties shall submit their Rule 26(f) Report and Discovery Plan by 9/25/2023. (gm) (Entered: 08/24/2023)
2023-08-2411ORDER issued by Magistrate Judge Jolie A. Russo: Resetting the Telephonic Rule 16 Conference from 9/11/2023 at 2:30PM to 9/27/2023 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. Ahead of the conference, the parties shall submit a formal joint Rule 26(f) Report and Discovery Plan. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. The parties are strongly encouraged to consider consenting, particularly if a firm trial date is desired. (gm) (Entered: 08/24/2023)
2023-08-2412ORDER issued by Magistrate Judge Jolie A. Russo: Resetting the Telephonic Rule 16 Conference from 9/27/2023 at 2:00PM to 9/28/2023 at 1:30PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. Ahead of the conference, the parties shall submit a formal joint Rule 26(f) Report and Discovery Plan. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. The parties are strongly encouraged to consider consenting, particularly if a firm trial date is desired. (gm) (Entered: 08/24/2023)
2023-09-2013Joint Status Report and Stipulation . Filed by Bonneville Power Administration. (Milne, Alison) (Entered: 09/20/2023)
2023-09-2114ORDER issued by Magistrate Judge Jolie A. Russo: Based on the parties' Joint Status Report 13 , the Telephonic Rule 16 Conference which was scheduled for 9/28/2023 at 1:30PM is Stricken. This conference will be rescheduled at a later date if necessary. The current case management deadlines are Vacated and the parties shall file a formal Joint Status Report by 10/11/2023 which includes a proposed briefing schedule for a fee petition that focuses on the reasonable amount of attorneys' fees and costs. If this case is resolved prior to the 10/11/2023 reporting date, the parties shall promptly notify the court. (gm) (Entered: 09/21/2023)
2023-10-0515Stipulated Proposed Form of Order Submitted . Filed by Northwest Environmental Advocates. (Bruden, Emma) (Entered: 10/05/2023)
2023-10-1016STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: Plaintiff's claims in this action are Dismissed with prejudice. The Court retains jurisdiction over this matter to enforce the terms of the parties' agreement. Signed on 10/10/23 by Magistrate Judge Jolie A. Russo. (gm) (Entered: 10/10/2023)
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