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Case TitleFaizer v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2024cv00190
Date Filed2024-04-25
Date ClosedOpen
JudgeDistrict Judge Thomas A Varlan
PlaintiffMelanie Faizer
Case DescriptionMelanie Fazier, a journalist and professor, submitted a FOIA request to the Tennessee Valley Authority for records concerning agreements or contracts between TVA and the cryptocurrency mining company Bitdeer. The agency acknowledged receipt of the request. The agency located a six-page incentive agreement but redacted it under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). Fazier filed an administrative appeal of the denial. TVA upheld it original denial and also withheld 31 items related to the credit agreement under Exemption 4. Fazier filed another administrative appeal. The TVA disclosed some redacted portions previously withheld but otherwise continued to assert the claimed exemptions. Fazier then then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantTennessee Valley Authority
DefendantCarpenter Creek LLC
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-251COMPLAINT against Tennessee Valley Authority ( Filing fee $ 405 receipt number ATNEDC-5658978.), filed by Melanie Faizer. (Attachments: # 1 Other Civil Cover Sheet, # 2 Summons TVA, # 3 Summons Attorney General, # 4 Summons US Attorney, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H)(McAdoo, Paul) (Entered: 04/25/2024)
2024-04-25District Judge Thomas A Varlan and Magistrate Judge Debra C Poplin added. (ABF) (Entered: 04/25/2024)
2024-04-252Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons US Attorney, # 2 Summons US Attorney General)(ABF) (Entered: 04/25/2024)
2024-04-253Order Governing Depositions. Signed by District Judge Thomas A Varlan on 4/25/24. (ABF) (Entered: 04/25/2024)
2024-04-254Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 4/25/24. (ABF) (Entered: 04/25/2024)
2024-04-255Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 4/25/24. (ABF) (Entered: 04/25/2024)
2024-05-106AFFIDAVIT of Service for Summons & Complaint served on Jeffrey J. Lyash on 04/29/2024, filed by Melanie Faizer. (Attachments: # 1 Exhibit)(McAdoo, Paul) (Entered: 05/10/2024)
2024-05-107AFFIDAVIT of Service for Summons & Complaint served on Merrick B. Garland on 04/29/2024, filed by Melanie Faizer. (Attachments: # 1 Exhibit)(McAdoo, Paul) (Entered: 05/10/2024)
2024-05-108AFFIDAVIT of Service for Summons & Complaint served on Francis M. Hamilton III on 05/01/2024, filed by Melanie Faizer. (Attachments: # 1 Exhibit)(McAdoo, Paul) (Entered: 05/10/2024)
2024-05-319ANSWER to 1 Complaint, by Tennessee Valley Authority. (Attachments: # 1 Exhibit Initial FOIA Request)(Chin, Steven) (Entered: 05/31/2024)
2024-06-0310ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Thomas A Varlan on 6/3/2024. (Attachments: # 1 Other Notice of Consent/Non-Consent to Magistrate) (LCK) (Entered: 06/03/2024)
2024-06-0611NOTICE of Appearance by Sydney D Nenni on behalf of Tennessee Valley Authority (Nenni, Sydney) (Entered: 06/06/2024)
2024-06-1412SCHEDULING ORDER: Bench Trial set for 11/12/2025 at 9:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 11/4/2025 at 2:00 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. See Scheduling Order for additional dates and details. Signed by District Judge Thomas A Varlan on 6/14/2024. (SLM) (Entered: 06/14/2024)
2024-06-2113MOTION for Leave to Appear Pro Hac Vice as to Yichu Yuan (Filing fee $ 90 Receipt 300004027.) by Carpenter Creek LLC. (MKM) (Entered: 06/21/2024)
2024-06-2114NOTICE of Deficiency (Pro Hac) 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) : Motion is not signed. Please re-file with signature. Mailed to Yichu Yuan, Morrow Ni LLP, 502 Second Avenue, 14th Floor, Seattle, WA 98104. (MKM) (Entered: 06/21/2024)
2024-06-2115MOTION for Leave to Appear Pro Hac Vice as to Angus Ni (Filing fee $ 90 Receipt 300004028.) by Carpenter Creek LLC. (MKM) (Entered: 06/21/2024)
2024-06-2116NOTICE of Deficiency (Pro Hac) 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) : Motion is not signed. Please re-file with signature. Mailed to Angus F. Ni, Morrow Ni LLP, 502 Second Avenue, 14th Floor, Seattle, WA 98104. (MKM) (Entered: 06/21/2024)
2024-06-2817MOTION for Leave to Appear Pro Hac Vice as to Yichu Yuan (Filing fee $ 90, Receipt 300004060.) by Carpenter Creek LLC. (MKM) (Entered: 07/01/2024)
2024-06-2818MOTION for Leave to Appear Pro Hac Vice as to Angus Ni (Filing fee $ 90, Receipt 300004059.) by Carpenter Creek LLC. (MKM) Modified text on 7/1/2024 (MKM). (Entered: 07/01/2024)
2024-07-01Clerk's Verification of PHV Requirements is complete as to Yichu Yuan regarding document: 17 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Carpenter Creek LLC as to Carpenter Creek LLC (MKM) (Entered: 07/01/2024)
2024-07-01Clerk's Verification of PHV Requirements is complete as to Angus Ni regarding document: 18 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Carpenter Creek LLC (MKM) (Entered: 07/01/2024)
2024-07-0219ORDER finding as moot 13 Motion for Leave to Appear Pro Hac Vice; 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 07/02/2024. This entry constitutes the complete Order of the Court. (HSN) Regenerated entry to Yichu Yuan at lawrence@moni.law and Angus F. Ni at angus@moni.law. Modified on 7/3/2024 (DCB). (Entered: 07/02/2024)
2024-07-0220ORDER finding as moot 15 Motion for Leave to Appear Pro Hac Vice; granting 18 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 07/02/2024. This entry constitutes the complete Order of the Court. (HSN) Regenerated entry to Yichu Yuan at lawrence@moni.law and Angus F. Ni at angus@moni.law. Modified on 7/3/2024 (DCB). (Entered: 07/02/2024)
2024-07-0821REPORT of Rule 26(f) Planning Meeting. (McAdoo, Paul) (Entered: 07/08/2024)
2024-07-0822NOTICE OF NONCONSENT by Melanie Faizer (McAdoo, Paul) (Main Document 22 replaced on 7/9/2024 to pdf non-fillable format) (SAC). Modified on 7/9/2024, to update docket text. (SAC). (Entered: 07/08/2024)
2024-07-0923NOTICE of Deficiency (PDF) by Melanie Faizer re 22 Notice of Consent/Nonconsent.No action required, informational only. (SAC) (Entered: 07/09/2024)
2024-07-3024MOTION to Intervene by Carpenter Creek LLC. (Yuan, Lawrence Yichu) (Entered: 07/30/2024)
2024-08-1325RESPONSE in Opposition re 24 MOTION to Intervene filed by Melanie Faizer. (McAdoo, Paul) (Entered: 08/13/2024)
2024-08-1626NOTICE by Tennessee Valley Authority re 24 MOTION to Intervene Non-Opposition (Chin, Steven) (Entered: 08/16/2024)
2024-08-2027MEMORANDUM in Support of Motion re 24 MOTION to Intervene filed by Carpenter Creek LLC. (Yuan, Lawrence Yichu) (Entered: 08/20/2024)
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by FOIA Project Staff
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