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Case TitleSouthern Environmental Law Center v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2024cv00095
Date Filed2024-02-27
Date ClosedOpen
JudgeDistrict Judge Katherine A Crytzer
PlaintiffSouthern Environmental Law Center
Case DescriptionSouthern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the Energy Programs Potential Study. The agency acknowledged receipt of the request but after hearing nothing further from the agency in response to the request, SELC filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantTennessee Valley Authority
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-271COMPLAINT against Tennessee Valley Authority ( Filing fee $ 405 receipt number ATNEDC-5607099.), filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - FOIA Request, # 2 Exhibit 2 - Interim Response Letter, # 3 Exhibit 3 - Email Correspondence, # 4 Other Corporate Disclosure Statement, # 5 Other Civil Cover Sheet, # 6 Summons TVA CEO Lyash, # 7 Summons US Attorney Hamilton, # 8 Summons US Attorney General Garland)(Bussey, O.) (Attachment 6,7,8 replaced summons to flatten/non-fillable format on 2/27/2024) (SAC). (Entered: 02/27/2024)
2024-02-27District Judge Katherine A Crytzer and Magistrate Judge Jill E McCook added. (SAC) (Entered: 02/27/2024)
2024-02-272Summons Issued as to Tennessee Valley Authority. (SAC) (Entered: 02/27/2024)
2024-02-273Order Governing Depositions.Signed by District Judge Katherine A Crytzer on February 27, 2024. (SAC) (Entered: 02/27/2024)
2024-02-274Order Governing Motions To Dismiss.Signed by District Judge Katherine A Crytzer on February 27, 2024. (SAC) (Entered: 02/27/2024)
2024-02-275Order Governing Sealing Confidential Information.Signed by District Judge Katherine A Crytzer on February 27, 2024. (SAC) (Entered: 02/27/2024)
2024-02-276Informational only - NOTICE of Deficiency (PDF) by Southern Environmental Law Center re 1 Complaint. (SAC) (Entered: 02/27/2024)
2024-02-287ORDER OF RECUSAL.Signed by Magistrate Judge Jill E McCook on 2/28/24. (ABF) (Entered: 02/28/2024)
2024-02-288ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case Case reassigned to Magistrate Judge Debra C Poplin for all further proceedings. Signed by District Judge Travis R McDonough on 2/28/2024. (DCB) (Entered: 02/28/2024)
2024-03-089AFFIDAVIT of Service for Summons and Complaint served on Jeffrey J. Lyash, Chief Executive Officer on 03/01/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Bussey, O.) (Entered: 03/08/2024)
2024-03-0810AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. (Trey) Hamilton on 03/05/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Bussey, O.) (Entered: 03/08/2024)
2024-03-1211AFFIDAVIT of Service for Summons and Complaint served on Merrick Garland, U.S. Attorney General, on 03/05/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Bussey, O.) (Entered: 03/12/2024)
2024-04-0412ANSWER to 1 Complaint,, by Tennessee Valley Authority. (Attachments: # 1 Exhibit Energy Programs Potential Study Summary Report, # 2 Exhibit TVA Response Letter, # 3 Exhibit Email Correspondence)(Chin, Steven) (Entered: 04/04/2024)
2024-04-0413ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Katherine A Crytzer on 4/4/24. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 04/04/2024)
2024-04-0414MOTION to Dismiss for Lack of Jurisdiction by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/04/2024)
2024-04-0415MEMORANDUM in Support of Motion re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/04/2024)
2024-04-0516ORDER. The Court ORDERS the Parties to confer and submit the required Rule 26(f) report, subject to any reservation of rights, on or before April 26, 2024. For convenience of the Parties, the Courts Judicial Preferences and a Sample Civil Scheduling Order are available at https://www.tned.uscourts.gov/content/katherine-crytzer-united-states-district-judge. The Court will determine whether to hold a Rule 16 scheduling conference after receiving the Parties' Rule 26(f) report. Signed by District Judge Katherine A. Crytzer on 4/5/2024. This docket entry constitutes the complete order of the Court. (PAB) (Entered: 04/05/2024)
2024-04-1617MOTION for Leave to Appear Pro Hac Vice as to Aradhana Chandra (Filing fee $ 90 Receipt No. 300003629.) by Southern Environmental Law Center. Certificate older than 30 days, good standing verified with District Court Clerk for Northern District of Georgia. (Attachments: # 1 Other Receipt, # 2 Other Envelope)(MKM) Modified text on 4/16/2024 (MKM). (Entered: 04/16/2024)
2024-04-16Clerk's Verification of PHV Requirements is complete regarding document: 17 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) as to Aradhana Chandra for Southern Environmental Law Center. (MKM) (Entered: 04/16/2024)
2024-04-1718ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 04/17/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 4/17/2024 to indicate c/m to Aradhana Chandra, Southern Environmental Law Center, 10 10th St NW 1050, Atlanta, GA 30309 (ABF). (Entered: 04/17/2024)
2024-04-2319RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Chandra, Aradhana) (Entered: 04/23/2024)
2024-04-2320NOTICE OF NONCONSENT by Southern Environmental Law Center (Chandra, Aradhana) (Entered: 04/23/2024)
2024-04-2321REPORT of Rule 26(f) Planning Meeting. (Chandra, Aradhana) (Entered: 04/23/2024)
2024-04-3022REPLY to Response to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/30/2024)
2024-06-1023NOTICE by Tennessee Valley Authority re 14 MOTION to Dismiss for Lack of Jurisdiction (Attachments: # 1 Exhibit SELC FOIA Administrative Appeal Letter)(Chin, Steven) (Entered: 06/10/2024)
2024-06-1324RESPONSE re 23 Plaintiff's Filing of Administrative Appeal by Southern Environmental Law Center (Chandra, Aradhana) Modified docket text to match document title on 6/14/2024 (SLM). (Entered: 06/13/2024)
2024-06-2825MEMORANDUM OPINION AND ORDER: Accordingly, the Court GRANTS Defendant's "Motion to Dismiss for Lack of Subject Matter Jurisdiction" [Doc. 14] IN PART and DENIES it IN PART . Plaintiff's FOIA claim is MOOT to the extent that the Complaint asks that Defendant be ordered to produce documents in response to Plaintiff's request. Plaintiff's substantive allegations that Defendant failed to conduct an adequate search and improperly withheld documents remains, at least for now given the arguments properly raised by the Parties. The Court STAYS this action for sixty (60) days to permit the Parties to engage in any administrative appeal process. The Parties SHALL file a joint status report on or before fifty-three (53) days after the entry of this Order, indicating the status of the administrative appeal process. All hearings and deadlines are STAYED for sixty (60) days from the entry of this Order . Signed by District Judge Katherine A Crytzer on 06/28/2024. (CAT) (Entered: 06/28/2024)
2024-08-2026STATUS REPORT (Joint with TVA) by Southern Environmental Law Center. (Attachments: # 1 Exhibit, # 2 Exhibit)(Chandra, Aradhana) (Entered: 08/20/2024)
2024-09-0627SCHEDULING ORDER. Signed by District Judge Katherine A Crytzer on 9/6/24. (ABF) (Entered: 09/06/2024)
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