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Case TitleINSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02654
Date Filed2019-09-04
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Department of Agriculture for records mentioning Deputy Secretary Stephen Censky and various keywords. The agency acknowledged receipt of the request but after hearing noting further from the agency, IER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-041COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6358094) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney, # 3 Summons for agency, U.S. Dept. of Agric., # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 09/04/2019)
2019-09-06Case Assigned to Judge Amit P. Mehta. (zeg) (Entered: 09/06/2019)
2019-09-062SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 09/06/2019)
2019-09-233RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/23/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 10/23/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/11/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 9/11/2019 (Bader, Hans) (Entered: 09/23/2019)
2019-10-154NOTICE of Appearance by Daniel Patrick Schaefer on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Schaefer, Daniel) (Entered: 10/15/2019)
2019-10-155ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Schaefer, Daniel) (Entered: 10/15/2019)
2019-10-166ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before October 30, 2019. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached order for additional details. Signed by Judge Amit P. Mehta on 10/16/2019. (lcapm3) (Entered: 10/16/2019)
2019-10-16Set/Reset Deadlines: Joint Status Report due by 10/30/2019. (zjd) (Entered: 10/16/2019)
2019-10-307Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 10/30/2019)
2019-10-30MINUTE ORDER. The parties shall file an additional Joint Status Report by December 13, 2019, which updates the court on Defendant's search and production efforts. Signed by Judge Amit P. Mehta on 10/30/2019. (lcapm3) (Entered: 10/30/2019)
2019-10-30Set/Reset Deadlines: Joint Status Report due by 12/13/2019. (zjd) (Entered: 10/31/2019)
2019-12-138Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 12/13/2019)
2019-12-16MINUTE ORDER. The parties shall file an additional Joint Status Report by March 13, 2020, which provides an update on the production of responsive records and proposes a schedule for further proceedings, if necessary. Signed by Judge Amit P. Mehta on 12/16/2019. (lcapm2) (Entered: 12/16/2019)
2019-12-16Set/Reset Deadlines: Joint Status Report due by 3/13/2020. (zjd) (Entered: 12/17/2019)
2020-01-019NOTICE of Appearance by Matthew D. Hardin on behalf of All Plaintiffs (Hardin, Matthew) (Entered: 01/01/2020)
2020-01-0110NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 01/01/2020)
2020-03-1311Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/13/2020)
2020-03-16MINUTE ORDER. The parties shall file an additional Joint Status Report by April 13, 2020, which advises whether any outstanding disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 03/16/2020. (lcapm3) (Entered: 03/16/2020)
2020-03-16Set/Reset Deadlines: Joint Status Report due by 4/13/2020. (zjd) (Entered: 03/17/2020)
2020-04-1312Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/13/2020)
2020-04-13MINUTE ORDER. The parties shall file an additional Joint Status Report by June 5, 2020, which advises whether any outstanding disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 04/13/2020. (lcapm3) (Entered: 04/13/2020)
2020-04-13Set/Reset Deadlines: Joint Status Report due by 6/5/2020. (zjd) (Entered: 04/14/2020)
2020-06-0513Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/05/2020)
2020-06-09MINUTE ORDER. The parties shall file an additional Joint Status Report by July 16, 2020, which advises whether any outstanding disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 06/09/2020. (lcapm3) (Entered: 06/09/2020)
2020-06-09Set/Reset Deadlines: Joint Status Report due by 7/16/2020. (zjd) (Entered: 06/09/2020)
2020-07-1614Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 07/16/2020)
2020-07-17NOTICE OF ERROR re 14 Status Report; emailed to MatthewDHardin@gmail.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. In future pleadings attorney signature must match login/password. (zeg, ) (Entered: 07/17/2020)
2020-07-17MINUTE ORDER. The parties shall file an additional Joint Status Report by August 17, 2020, which advises whether any outstanding disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 07/17/2020. (lcapm3) (Entered: 07/17/2020)
2020-07-17Set/Reset Deadlines: Joint Status Report due by 8/17/2020. (zjd) (Entered: 07/20/2020)
2020-08-1715Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 08/17/2020)
2020-08-18MINUTE ORDER. The parties shall file an additional Joint Status Report by September 16, 2020, which advises whether any outstanding disputed issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 08/18/2020. (lcapm3) (Entered: 08/18/2020)
2020-08-18Set/Reset Deadlines: Joint Status Report due by 9/16/2020. (zjd) (Entered: 08/19/2020)
2020-09-1616STIPULATION of Dismissal without prejudice by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 09/16/2020)
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