Case Detail

FOIA Project Annotation: Judge John Bates has ruled that the Federal Energy Regulatory Commission has not yet provided sufficient justification for its decision to withhold all responsive records requested by STS Energy Partners under Exemption 4 (confidential business information), Exemption 5 (deliberative process privilege) and Exemption 7(A) (interference with ongoing investigation or proceeding). STS Energy, an energy trader, requested records concerning FERC's investigation of Oceanside Power LLC, another energy trader. The agency withheld all responsive records under Exemption 4 and Exemption 7(A). In a second request, STS Energy asked for records concerning the agency's decision to deny a complaint against Black Oak Energy. The agency withheld records responsive to that request under Exemption 5. Finding that the exemptions probably applied in both cases, Bates faulted the agency for failing to support its decisions to categorically withhold the records. Turning first to the Oceanside Power request, Bates noted that "beyond showing that Exemption 4 applies to these contested documents, FERC must also prove that there is no 'reasonably segregable' material in the withheld documents that can be released to the public." He explained that "the Oceanside Vaughn index is silent as to segregability, and the agency's declaration does not improve things. It says only that 'there is no additional segregable factual information that could be released without revealing protected information.' Such 'conclusory statements' will not suffice." STS Energy argued that Exemption 7(A) was not applicable because FERC's investigation had been closed. Saying that "this cuts the exemption far too thin," Bates pointed out that "Exemption 7(A), by its terms, applies whenever production of law-enforcement information 'could reasonably be expected to interfere with enforcement proceeding'�"full stop. Hence, so long as 'enforcement proceedings' continue against someone, it matters not that proceedings have ended against someone else. It is therefore irrelevant in this case that FERC's investigation of Oceanside has come to a close. The investigation�"writ large�"continues, and that is enough under Exemption 7(A)." But Bates found FERC had not adequately addressed the segregability issue under Exemption 7(A) either. He observed that "this justification is just as unsatisfactory in the Exemption 7 context as it is in the context of Exemption 4." Assessing the Black Oak request, Bates noted that because the agency had not explained its decision-making process it had failed to show that all the withheld records were predecisional or deliberative. FERC argued that the documents "are categorically deliberative in nature." Bates indicated that "but there is no such thing. There are, of course, documents that usually are deliberative�"'recommendations, draft documents, proposals, suggestions,' and the like. But none of these types of documents are 'categorically' protected from disclosure." He pointed out that "certainly, many of the disputed documents exhibit the hallmarks of Exemption 5 information. But the Court is not yet requiring FERC to produce any part of these 126 documents. It is, instead, requiring the agency to provide more�"and more specific�"information regarding its decision to withhold these documents under Exemption 5." Bates dismissed FERC's insistence that only factual information was required to be disclosed under Exemption 5 as too simplistic. He observed that "FERC cannot wash its hands of the FOIA segregability requirement by simply reviewing the 'factual information' in its withheld documents; it must, instead, examine the entirety of the documents�"both fact and opinion�"in its search for segregable material."
Issues: Litigation - Vaughn index, Litigation - Segregability analysis

FOIA Project Annotation: Judge John Bates has ruled that STS Energy Partners is entitled to attorney's fees because the Federal Energy Regulatory Commission's failure to segregate non-exempt information from its records until suit was filed outweighed the economic incentives the company had in bringing suit in the first place. FERC had fined Powhatan Energy Fund $16.8 million for sham trading profits. STS Energy Partners Kevin and Richard Gates were primary investors in Powhatan Energy Fund and an editorial in the Wall Street Journal used their case to complain about the agency's regulatory practices, leading to congressional queries about FERC's prosecutorial tactics. STS Energy Partners made two FOIA requests for records pertaining to the FERC's prosecutions for sham trading and the Gates brothers made many of the records disclosed during their case publicly available. The agency initially refused to disclose any records, but eventually disclosed portions of 115 documents. Bates found the agency had failed to provide any segregability analysis and ordered the agency to separate and disclose non-exempt information. At this point, the only matter left was whether STS Energy Partners was entitled to attorney's fees. Noting that the Gates brothers had successfully brought their case into the public eye, Bates observed that "this media coverage�"even if drummed up by the litigants themselves�"demonstrates significant public interest in this action." He added that "the general public has shown an interest in the type of documents sought by this litigation, that is, FERC's records concerning investigation and enforcement actions against commercial energy traders." Bates agreed with the agency that STS Energy Partners had an economic incentive to bring the suit. He pointed out that "whether or not the FOIA request was intended to substitute for discovery otherwise unavailable to Powhatan [and the Gates brothers], the Court finds that they were at least part of Powhatan's litigation strategy including its litigation-driven public relations campaign. As such, the Court finds that the plaintiff's interest in the documents was for its private gain. Powhatan, facing the possibility of millions of dollars in sanctions, undoubtedly had a private incentive to seek disclosure of the records related to its investigation. The Gates brothers cannot hide behind the vehicle of another company to disclaim that private interest." Arguing that its actions were reasonable, FERC indicated that Bates had found its exemptions applicable to some of the withheld records. But Bates observed that "the Court could not discern which portions�"which is why summary judgment was denied. . .The Court thus finds that FERC's conclusory claim of non-segregability is not a 'reasonable basis in law' for withholding in these circumstances. Nor can FERC prevail on the reasonable basis factor by deciding to release documents only after forcing the requester to sue." Finding that both the public interest in disclosure and the lack of a reasonable legal basis for failing to disclose the records weighed heavily in STS Energy Partners' favor, Bates awarded the company $60,168 in attorney's fees.
Issues: Litigation - Attorney's fees - Entitlement - Public benefit, Litigation - Attorney's fees - Entitlement - Reasonable Basis for Withholding, Litigation - Attorney's fees - Entitlement - Commercial interest

Date Filed	Doc #	Docket Text
2014-04-10	1	COMPLAINT STS ENERGY PARTNERS LP against FEDERAL ENERGY REGULATORY COMMISSION FERC ( Filing fee $ 400 receipt number 0090-3681435) filed by STS ENERGY PARTNERS LP. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet 14-591 STS v FERC, # 2 Summons Summons 14-591 FERC, # 3 Summons Summons 14-591 USAO, # 4 Summons Summons 14-591 AG)(Horner, Christopher) (Entered: 04/10/2014)
2014-04-10	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests FILED by STS ENERGY PARTNERS LP (Horner, Christopher) (Entered: 04/10/2014)
2014-04-10		Case Assigned to Judge John D. Bates. (kb) (Entered: 04/10/2014)
2014-04-17	3	SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(rdj) (Entered: 04/17/2014)
2014-04-21	4	NOTICE of Appearance by David W. Schnare on behalf of All Plaintiffs (Schnare, David) (Entered: 04/21/2014)
2014-04-24	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ENERGY REGULATORY COMMISSION served on 4/21/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/22/2014., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/22/2014. ( Answer due for ALL FEDERAL DEFENDANTS by 5/22/2014.) (Horner, Christopher) (Entered: 04/24/2014)
2014-05-22	6	NOTICE of Appearance by Mercedeh Momeni on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Momeni, Mercedeh) (Entered: 05/22/2014)
2014-05-22	7	ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Momeni, Mercedeh) (Entered: 05/22/2014)
2014-05-23	8	ORDER requiring parties to confer and submit a proposed briefing schedule for the filing of dispositive motions. See text of Order for details. Signed by Judge John D. Bates on May 23, 2014. (lcjdb1) (Entered: 05/23/2014)
2014-05-27		Set/Reset Deadlines: Proposed Briefing Schedule due by 6/12/2014. (tb, ) (Entered: 05/27/2014)
2014-06-12	9	NOTICE of Proposed Order (Joint Proposal for a Briefing Schedule) by FEDERAL ENERGY REGULATORY COMMISSION re 8 Order (Momeni, Mercedeh) (Entered: 06/12/2014)
2014-06-12	10	ORDER setting schedule. See text of Order for details. Signed by Judge John D. Bates on June 12, 2014. (lcjdb1) (Entered: 06/12/2014)
2014-06-13		Set/Reset Deadlines: The defendant shall file any motion for summary judgment by not later than 7/24/2014; the plaintiff shall file its opposition and any cross-motion for summary judgment by not later than 8/25/2014; the defendant shall file its opposition and reply by not later than 9/17/2014; and the plaintiff shall file its reply by not later than 10/03/2014. (ad) (Entered: 06/13/2014)
2014-07-17	11	Consent MOTION for Extension of Time to File Dispositive Motions by FEDERAL ENERGY REGULATORY COMMISSION (Momeni, Mercedeh) (Entered: 07/17/2014)
2014-07-18		MINUTE ORDER: Upon consideration of 11 defendant's consent motion for an extension, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its opening brief by not later than July 31, 2014; it is further ORDERED that plaintiff shall submit its opposition and cross-motion, if any, by not later than September 2, 2014; it is further ORDERED that defendant shall file its combined opposition and reply by not later than September 25, 2014; and it is further ORDERED that plaintiff shall file its reply by not later than October 11, 2014. SO ORDERED. Signed by Judge John D. Bates on July 18, 2014. (lcjdb1) (Entered: 07/18/2014)
2014-07-21		Set/Reset Deadlines: Plaintiff's Cross Motions due by 9/2/2014. Response to Cross Motions due by 9/25/2014. Reply to Cross Motions due by 10/11/2014. Motions due by 7/31/2014. Response due by 9/2/2014. Reply due by 9/25/2014. (tb, ) (Entered: 07/21/2014)
2014-07-30	12	Consent MOTION to Amend/Correct Order on Motion for Extension of Time to,, by FEDERAL ENERGY REGULATORY COMMISSION (Momeni, Mercedeh) (Entered: 07/30/2014)
2014-07-30		MINUTE ORDER: Upon consideration of 12 defendant's consent motion to amend the briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its opening brief by not later than August 14, 2014; it is further ORDERED that plaintiff shall file its opposition and cross-motion, if any, by not later than September 16, 2014; it is further ORDERED that defendant shall file its combined opposition and reply by not later than October 9, 2014; and it is further ORDERED that plaintiff shall file its reply by not later than October 27, 2014. SO ORDERED. Signed by Judge John D. Bates on July 30, 2014. (lcjdb1) (Entered: 07/30/2014)
2014-07-31		Set/Reset Deadlines: Cross Motions due by 9/16/2014. Response to Cross Motions due by 10/9/2014. Reply to Cross Motions due by 10/27/2014. Motions due by 8/14/2014. Responses due by 9/16/2014. Reply due by 10/9/2014. (tb, ) (Entered: 07/31/2014)
2014-08-13	13	Consent MOTION for Extension of Time to File Dispositive Motions by FEDERAL ENERGY REGULATORY COMMISSION (Momeni, Mercedeh) (Entered: 08/13/2014)
2014-08-13		MINUTE ORDER: Upon consideration of 13 defendant's consent motion to amend the briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its opening brief by not later than August 21, 2014; it is further ORDERED that plaintiff shall file its opposition and cross-motion, if any, by not later than September 23, 2014; it is further ORDERED that defendant shall file its combined opposition and reply by not later than October 16, 2014; and it is further ORDERED that plaintiff shall file its reply by not later than November 3, 2014. SO ORDERED. Signed by Judge John D. Bates on August 13, 2014. (lcjdb1) (Entered: 08/13/2014)
2014-08-14		Set/Reset Deadlines: Defendant's opening motion is due by 8/21/2014; Plaintiffs' Opposition and Cross-motion, if any, is due by 9/23/2014; Defendant's combined opposition and reply is due by 10/16/2014; Plaintiffs' Cross-Reply is due by 11/3/2014. (jth) (Entered: 08/14/2014)
2014-08-20	14	Unopposed MOTION to Amend/Correct Set/Reset Deadlines, for Dispositive Motions Briefing by FEDERAL ENERGY REGULATORY COMMISSION (Momeni, Mercedeh) (Entered: 08/20/2014)
2014-08-21		MINUTE ORDER: Upon consideration of 14 defendant's unopposed motion to amend the briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its opening brief by not later than August 25, 2014; it is further ORDERED that plaintiff shall file its opposition and cross-motion, if any, by not later than September 26, 2014; it is further ORDERED that defendant shall file its combined opposition and reply by not later than October 20, 2014; and it is further ORDERED that plaintiff shall file its reply by not later than November 7, 2014. SO ORDERED. Signed by Judge John D. Bates on August 21, 2014. (lcjdb1) (Entered: 08/21/2014)
2014-08-21		Set/Reset Deadlines: Brief due by 8/25/2014. Cross Motion due by 9/26/2014. Response to Cross Motion due by 10/20/2014. Reply to Cross Motion due by 11/7/2014. Response due by 9/26/2014. Reply due by 10/20/2014. (tb, ) (Entered: 08/21/2014)
2014-08-26	15	MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Exhibit List, # 2 Declaration Tao Declaration, # 3 Exhibit Nos. 1 - 5, # 4 Exhibit Nos. 6 -11)(Momeni, Mercedeh) (Entered: 08/26/2014)
2014-08-26	16	NOTICE by FEDERAL ENERGY REGULATORY COMMISSION re 15 MOTION for Summary Judgment (Attachments: # 1 Text of Proposed Order proposed order, # 2 Oceanside Vaughn Index, # 3 Black Oak Vaughn Index)(Momeni, Mercedeh) (Entered: 08/26/2014)
2014-09-26	17	MOTION to Strike 15 MOTION for Summary Judgment , 16 Notice (Other) and Cross-Motion for Summary Judgment by STS ENERGY PARTNERS LP (Attachments: # 1 Proposed Order)(Schnare, David). Added Cross MOTION for Summary Judgment on 11/10/2014 (td, ). (Entered: 09/26/2014)
2014-09-26	18	MOTION for Extension of Time to File Motion for Summary Judgment (Nunc Pro Tunc) by FEDERAL ENERGY REGULATORY COMMISSION (Momeni, Mercedeh) (Entered: 09/26/2014)
2014-09-26		MINUTE ORDER: Upon consideration of 18 defendant's motion for extension of time to file motion for summary judgment nunc pro tunc, and the entire record herein, it is hereby ORDERED that the motion is GRANTED nunc pro tunc. SO ORDERED. Signed by Judge John D. Bates on 9/26/14. (lcjdb1) (Entered: 09/26/2014)
2014-09-28	19	MOTION for Reconsideration of Minute Order filed 9/26/2014 by STS ENERGY PARTNERS LP (Schnare, David) (Entered: 09/28/2014)
2014-09-29		MINUTE ORDER: Upon consideration of 19 plaintiff's motion for reconsideration, and the entire record herein, it is hereby ORDERED that the motion is DENIED. The four factors for excusable neglect weigh in favor of permitting the extension defendant requested. See In re Vitamins Antitrust Class Actions, 327 F.3d 1207, 1209 (D.C. Cir. 2003). SO ORDERED. Signed by Judge John D. Bates on 9/29/14. (lcjdb1) (Entered: 09/29/2014)
2014-10-20	20	Memorandum in opposition to re 17 MOTION to Strike 15 MOTION for Summary Judgment , 16 Notice (Other) and Cross-Motion for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts (Response to Plaintiff's SMF))(Momeni, Mercedeh) (Entered: 10/20/2014)
2014-11-06	21	NOTICE OF SUBSTITUTION OF COUNSEL by Damon William Taaffe on behalf of All Defendants Substituting for attorney Mercedeh Momeni (Taaffe, Damon) (Entered: 11/06/2014)
2014-11-07	22	REPLY to Defendant's Opposition to MSJ filed by STS ENERGY PARTNERS LP. (Attachments: # 1 Exhibit Plaintiffs Response to Defendant SMF)(Horner, Christopher) (Entered: 11/07/2014)
2014-11-19	23	NOTICE of supplemental release by FEDERAL ENERGY REGULATORY COMMISSION (Taaffe, Damon) (Entered: 11/19/2014)
2015-03-04	24	MEMORANDUM OPINION. See text for details. Signed by Judge John D. Bates on 3/4/15. (lcjdb2) (Entered: 03/04/2015)
2015-03-04	25	ORDER denying 15 17 the parties' cross-motions for summary judgment, and denying 17 plaintiff's motion to strike. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 3/4/15 (lcjdb2) (Entered: 03/04/2015)
2015-03-04		Set/Reset Deadlines: Cross Motions due by 5/4/2015. Response to Cross Motions due by 5/19/2015. Reply to Cross Motions due by 5/29/2015. Summary Judgment motions due by 4/3/2015. Response to Motion for Summary Judgment due by 5/4/2015. Reply to Motion for Summary Judgment due by 5/19/2015. (tb, ) (Entered: 03/04/2015)
2015-03-19	26	MOTION for Extension of Time to File Renewed Motion for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION (Taaffe, Damon) (Entered: 03/19/2015)
2015-03-20		MINUTE ORDER: Upon consideration of 26 defendant's motion to extend time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file its renewed motion for summary judgment and Vaughn submissions by not later than April 17, 2015; it is further ORDERED that plaintiff shall file its opposition and cross-motion for summary judgment by not later than May 18, 2015; it is further ORDERED that defendant shall file its opposition to plaintiff's cross-motion and reply in support of its own motion by not later than June 2, 2015; and it is further ORDERED that plaintiff shall file its reply by not later than June 12, 2015. SO ORDERED. Signed by Judge John D. Bates on 3/20/15. (lcjdb1) (Entered: 03/20/2015)
2015-03-23		Set/Reset Deadlines: Cross Motions due by 5/18/2015. Response to Cross Motions due by 6/2/2015. Reply to Cross Motions due by 6/12/2015. Summary Judgment motions due by 4/17/2015. Response to Motion for Summary Judgment due by 5/18/2015. Reply to Motion for Summary Judgment due by 6/2/2015. Vaughn Index due by 4/17/2015, (tb, ) (Entered: 03/23/2015)
2015-04-17	27	MOTION for Summary Judgment , Statement of Material Facts, and Proposed Order by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Memorandum in Support, # 2 Declaration Tao, # 3 Exhibit Exhibits 1-14, # 4 Exhibit Vaughn index FY13-96, # 5 Exhibit Vaughn index FY14-8)(Taaffe, Damon) (Entered: 04/17/2015)
2015-05-15	28	Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment , Statement of Material Facts, and Proposed Order to Enlarge Time to Respond to MSJ by STS ENERGY PARTNERS LP (Attachments: # 1 Text of Proposed Order Proposed Order Granting Enlargement of Time to Respond)(Horner, Christopher) (Entered: 05/15/2015)
2015-05-15		MINUTE ORDER: Upon consideration of 28 plaintiff's Motion for Extension of Time to File Response/Reply, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file its opposition and cross-motion for summary judgment by not later than May 25, 2015; it is further ORDERED that defendant shall file its opposition to plaintiff's cross-motion and reply in support of its own motion by not later than June 9, 2015; and it is further ORDERED that plaintiff shall file its reply by not later than June 19, 2015. SO ORDERED. Signed by Judge John D. Bates on 5/15/15. (lcjdb1) (Entered: 05/15/2015)
2015-05-21		Set/Reset Deadlines: Cross Motions due by 5/25/2015. Response to Cross Motions due by 6/9/2015. Reply to Cross Motions due by 6/19/2015. Response to Motion for Summary Judgment due by 5/25/2015. Reply to Motion for Summary Judgment due by 6/9/2015. (tb, ) (Entered: 05/21/2015)
2015-05-22	29	Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment , Statement of Material Facts, and Proposed Order until June 1, 2015 by STS ENERGY PARTNERS LP (Attachments: # 1 Text of Proposed Order Proposed Order Granting Consent Motion to Enlarge)(Horner, Christopher) (Entered: 05/22/2015)
2015-05-22		MINUTE ORDER: Upon consideration of 29 plaintiff's consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file its opposition and cross-motion for summary judgment by not later than June 1, 2015; it is further ORDERED that defendant shall file its opposition to plaintiff's cross-motion and reply in support of its own motion by not later than June 16, 2015; and it is further ORDERED that plaintiff shall file its reply by not later than June 26, 2015. SO ORDERED. Signed by Judge John D. Bates on 5/22/15. (lcjdb1) (Entered: 05/22/2015)
2015-05-26		Set/Reset Deadlines: Cross Motions due by 6/1/2015. Response to Cross Motions due by 6/16/2015. Reply to Cross Motions due by 6/26/2015. Response to Motion for Summary Judgment due by 6/1/2015. Reply to Motion for Summary Judgment due by 6/16/2015. (tb, ) (Entered: 05/26/2015)
2015-05-29	30	STATUS REPORT JOINT STATUS REPORT Notifying Court of Resolution of Substantive Issues by STS ENERGY PARTNERS LP. (Attachments: # 1 Text of Proposed Order Draft Order Staying Case to allow time to resolve fees)(Horner, Christopher) (Entered: 05/29/2015)
2015-06-01		MINUTE ORDER: Upon consideration of 30 the parties' joint status report, and the entire record herein, it is hereby ORDERED that this case is STAYED until June 29, 2015, and it is further ORDERED that the parties shall file a joint status report by not later than June 29, 2015. SO ORDERED. Signed by Judge John D. Bates on 6/1/15. (lcjdb1) (Entered: 06/01/2015)
2015-06-02		Set/Reset Deadlines: Joint Status Report due by 6/29/2015. (tb) (Entered: 06/02/2015)
2015-06-10	31	NOTICE of Appearance by Chaim Mandelbaum on behalf of STS ENERGY PARTNERS LP (Mandelbaum, Chaim) (Main Document 31 replaced on 6/11/2015) (jf). (Entered: 06/10/2015)
2015-06-29	32	STATUS REPORT Joint Status Report Proposing Briefing Schedule by STS ENERGY PARTNERS LP. (Attachments: # 1 Text of Proposed Order Proposed Order)(Mandelbaum, Chaim) (Entered: 06/29/2015)
2015-06-29		MINUTE ORDER: Upon consideration of 32 the parties' joint status report, and the entire record herein, it is hereby ORDERED that plaintiff shall file a motion for award of fees by not later than July 29, 2015; it is further ORDERED that defendant shall file its response by not later than August 28, 2015; and it is further ORDERED that plaintiff shall file its reply by not later than September 11, 2015. SO ORDERED. Signed by Judge John D. Bates on 6/29/15. (lcjdb1) (Entered: 06/29/2015)
2015-07-01		Set/Reset Deadlines: Motions due by 7/29/2015. Response due by 8/28/2015. Reply due by 9/11/2015. (tb) (Entered: 07/01/2015)
2015-07-27	33	Consent MOTION to Amend/Correct Proposed Briefing Schedule by STS ENERGY PARTNERS LP (Attachments: # 1 Text of Proposed Order Proposed Order)(Mandelbaum, Chaim) (Entered: 07/27/2015)
2015-07-27		MINUTE ORDER: Upon consideration of 33 plaintiff's consent motion to amend briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that plaintiff shall file its motion for award of fees by not later than August 12, 2015; it is further ORDERED that defendant shall file its response by not later than September 10, 2015; and it is further ORDERED that plaintiff shall file its reply by not later than September 25, 2015. SO ORDERED. Signed by Judge John D. Bates on 7/27/15. (lcjdb1) (Entered: 07/27/2015)
2015-07-30		Set/Reset Deadlines: Plaintiff's Motion for an award of fees is due by 8/12/2015; Defendant's Response is due by 9/10/2015; Plaintiff's Reply is due by 9/25/2015. (jth) (Entered: 07/30/2015)
2015-08-12	34	MOTION for Attorney Fees by STS ENERGY PARTNERS LP (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion for Attorney's Fees and Costs, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Exhibit 1 FERC Initial Determination FY13-96, # 4 Exhibit Exhibit 2 FERC Initial Determination FY14-08, # 5 Exhibit Exhibit 3 Appeal Denial FY14-08, # 6 Exhibit Exhibit 4 Bill of Costs and Fees, # 7 Exhibit Exhibit 5 Case Billing Records, # 8 Exhibit Exhibit 6 Christopher Horner Declaration, # 9 Exhibit Exhibit 7 David Schnare Declaration, # 10 Exhibit Exhibit 8 Chaim Mandelbaum Declaration, # 11 Exhibit Exhibit 9 Matthew Hardin Declaration, # 12 Exhibit Exhibit 10 FERC Release June 30 2014, # 13 Exhibit Exhibit 11 FERC Release July 28 2014 FY13-96, # 14 Exhibit Exhibit 12 FERC Release July 28 2014 FY14-08, # 15 Exhibit Exhibit 13 FERC Release August 20 2014, # 16 Exhibit Exhibit 14 FERC Release November 18 2014, # 17 Exhibit Exhibit 15 FERC Release April 9 2015, # 18 Exhibit Exhibit 16 FERC Release May 14 2015, # 19 Exhibit Exhibit 17 FERC Appeal Denail FY13-96, # 20 Exhibit Exhibit 18 Laffey Matrix 2003-2014, # 21 Exhibit Exhibit 19 Laffey Matrix 2014-2015)(Mandelbaum, Chaim) (Entered: 08/12/2015)
2015-09-10	35	Memorandum in opposition to re 34 MOTION for Attorney Fees filed by FEDERAL ENERGY REGULATORY COMMISSION. (Taaffe, Damon) (Entered: 09/10/2015)
2015-09-25	36	REPLY to opposition to motion re 34 MOTION for Attorney Fees filed by STS ENERGY PARTNERS LP. (Attachments: # 1 Exhibit Bill of Costs and Fees, # 2 Exhibit Case Billing Records, # 3 Exhibit Declaration of Chaim Mandelbaum, # 4 Exhibit Declaration of Steven G. Soles, # 5 Exhibit Powhatan Formation Documents)(Mandelbaum, Chaim) (Entered: 09/25/2015)
2016-10-05	37	ORDER granting 34 plaintiff's motion for attorney's fees. See text of Order and accompanying Memorandum Opinion for details. Signed by Judge John D. Bates on 10/05/16. (lcjdb1) (Entered: 10/05/2016)
2016-10-05	38	MEMORANDUM OPINION. See text for details. Signed by Judge John D. Bates on 10/05/16. (lcjdb1) (Entered: 10/05/2016)
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