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Case TitleAMERICANS FOR PROSPERITY FOUNDATION v. WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv02135
Date Filed2024-07-22
Date ClosedOpen
JudgeJudge Sparkle L. Sooknanan
PlaintiffAMERICANS FOR PROSPERITY FOUNDATION
Case DescriptionAmericans for Prosperity Foundation submitted three FOIA requests to the Council on Environmental Quality, the U.S. Army Corps of Engineers, the Department of Energy, and the Department of Interior for records concerning communications to and from a list of employees containing specific keywords. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, APF filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantWHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY
DefendantU.S. ARMY CORPS OF ENGINEERS
DefendantU.S. DEPARTMENT OF ENERGY
DefendantU.S. DEPARTMENT OF THE INTERIOR
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
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-07-221COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11041790) filed by AMERICANS FOR PROSPERITY FOUNDATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Summons USAO-DC, # 14 Summons USAG, # 15 Summons CEQ, # 16 Summons USACE, # 17 Summons Energy, # 18 Summons Interior)(Mulvey, Ryan) (Entered: 07/22/2024)
2024-07-222LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICANS FOR PROSPERITY FOUNDATION (Mulvey, Ryan) (Entered: 07/22/2024)
2024-07-23Case Assigned to Judge Timothy J. Kelly. (zcb) (Entered: 07/23/2024)
2024-07-303SUMMONS (6) Issued Electronically as to U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR, WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 07/30/2024)
2024-07-314NOTICE of Appearance by Lee A. Steven on behalf of AMERICANS FOR PROSPERITY FOUNDATION (Steven, Lee) (Entered: 07/31/2024)
2024-08-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/31/2024. Answer due for ALL FEDERAL DEFENDANTS by 8/30/2024. (Mulvey, Ryan) (Entered: 08/05/2024)
2024-08-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. ARMY CORPS OF ENGINEERS served on 8/6/2024 (Mulvey, Ryan) (Entered: 08/06/2024)
2024-08-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE INTERIOR served on 8/6/2024 (Mulvey, Ryan) (Entered: 08/06/2024)
2024-08-088RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF ENERGY served on 8/7/2024 (Mulvey, Ryan) (Entered: 08/08/2024)
2024-08-089RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/07/2024. (Mulvey, Ryan) (Entered: 08/08/2024)
2024-08-1510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY served on 8/14/2024 (Mulvey, Ryan) (Entered: 08/15/2024)
2024-08-2711Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR, WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 08/27/2024)
2024-08-28MINUTE ORDER: Upon consideration of Defendants' 11 Consent Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint, it is hereby ORDERED that Defendants' consent motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to the Complaint by October 2, 2024. Signed by Judge Timothy J. Kelly on 8/28/2024. (lctjk1) (Entered: 08/28/2024)
2024-10-0212ANSWER to Complaint by U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR, WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY.(Simon, Jeremy) (Entered: 10/02/2024)
2024-10-03MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by October 17, 2024. Signed by Judge Timothy J. Kelly on 10/3/2024. (lctjk1) (Entered: 10/03/2024)
2024-10-03Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 10/17/2024. (zkh) (Entered: 10/03/2024)
2024-10-1713Joint STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR, WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY. (Simon, Jeremy) (Entered: 10/17/2024)
2024-10-18MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report by November 19, 2024, and propose a schedule for briefing or disclosure at that time. Signed by Judge Timothy J. Kelly on 10/18/2024. (lctjk1) (Entered: 10/18/2024)
2024-11-1914Joint STATUS REPORT by WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR. (Simon, Jeremy) (Entered: 11/19/2024)
2024-11-20MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report by December 19, 2024. Signed by Judge Timothy J. Kelly on 11/20/2014. (lctjk1) (Entered: 11/20/2024)
2024-12-1915Joint STATUS REPORT by WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR. (Simon, Jeremy) (Entered: 12/19/2024)
2024-12-19MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 29, 2025. Signed by Judge Timothy J. Kelly on 12/19/2024. (lctjk1) (Entered: 12/19/2024)
2025-01-08Case directly reassigned to Judge Sparkle L. Sooknanan. Judge Timothy J. Kelly is no longer assigned to the case. (ztnr) (Entered: 01/08/2025)
2025-01-2916Joint STATUS REPORT by WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR. (Simon, Jeremy) (Entered: 01/29/2025)
2025-01-29MINUTE ORDER: In light of the parties' joint status report, 16 , it is hereby ORDERED that the parties shall file a further status report on or before March 11, 2025. Signed by Judge Sparkle L. Sooknanan on 1/29/2025. (lcrk) (Entered: 01/29/2025)
2025-03-1117Joint STATUS REPORT by WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR. (Simon, Jeremy) (Entered: 03/11/2025)
2025-03-12MINUTE ORDER: In light of the Parties' 17 Joint Status Report, the Court ORDERS the Parties to file a further joint status report by May 12, 2025. In that report, the Parties should address (1) the number of documents that remain to be released from each agency and (2) the expected timeline for the release of those documents. Signed by Judge Sparkle L. Sooknanan on 3/12/2025. (lcrk) (Entered: 03/12/2025)
2025-05-1218Joint STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR, WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY. (Simon, Jeremy) (Entered: 05/12/2025)
2025-05-13MINUTE ORDER: In light of the Parties' 18 Joint Status Report, the Court ORDERS the Parties to file a further joint status report by July 14, 2025. Signed by Judge Sparkle L. Sooknanan on 5/13/2025. (lcrk) (Entered: 05/13/2025)
2025-07-1419Joint STATUS REPORT by U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF ENERGY, U.S. DEPARTMENT OF THE INTERIOR, WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY. (Simon, Jeremy) (Entered: 07/14/2025)
2025-07-15MINUTE ORDER: In light of the Parties' 19 Joint Status Report, the Court ORDERS the Parties file a further joint status report by September 15, 2025. Signed by Judge Sparkle L. Sooknanan on 7/15/2025. (lcrk) (Entered: 07/15/2025)
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