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Case TitleOHIO VALLEY ENVIRONMENTAL COALITION v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01554
Date Filed2020-06-12
Date Closed2021-03-30
JudgeChief Judge Beryl A. Howell
PlaintiffOHIO VALLEY ENVIRONMENTAL COALITION
Case DescriptionThe Ohio Valley Environmental Coalition submitted a FOIA request to the Department of Energy for records concerning the agency's support of PTT Global Chemical America 's planned Belmont County, Ohio petrochemical facility. The agency acknowledged receipt of the request. The agency told the Coalition that its search had located 650 potentially responsive records but after hearing nothing further from the agency, Ohio Valley Environmental Coalition filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-121COMPLAINT against UNITED STATES DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number ADCDC-7224879) filed by OHIO VALLEY ENVIRONMENTAL COALITION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K)(Van Dalen, Corinne) (Entered: 06/12/2020)
2020-06-122MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Megan M. Hunter, Filing fee $ 100, receipt number ADCDC-7225013. Fee Status: Fee Paid. by OHIO VALLEY ENVIRONMENTAL COALITION (Attachments: # 1 Declaration Megan M. Hunter, # 2 Text of Proposed Order)(Van Dalen, Corinne) (Entered: 06/12/2020)
2020-06-123MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Victoria Bogdan Tejeda, Filing fee $ 100, receipt number ADCDC-7225043. Fee Status: Fee Paid. by OHIO VALLEY ENVIRONMENTAL COALITION (Attachments: # 1 Declaration Victoria Bogdan Tejeda, # 2 Text of Proposed Order)(Van Dalen, Corinne) (Entered: 06/12/2020)
2020-06-124LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by OHIO VALLEY ENVIRONMENTAL COALITION (Van Dalen, Corinne) (Entered: 06/12/2020)
2020-06-15Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 06/15/2020)
2020-06-155SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 06/15/2020)
2020-06-166STANDING ORDER. Signed by Chief Judge Beryl A. Howell on June 16, 2020. (lcbah4) (Entered: 06/16/2020)
2020-06-17MINUTE ORDER (paperless) GRANTING 2 Motion of Megan Hunter to Appear and Participate Pro Hac Vice and 3 Motion of Victoria Bogdan Tejeda to Appear and Participate Pro Hac Vice. Accordingly, Megan Hunter and Victoria Bogdan Tejeda may enter appearances for the purpose of representing plaintiff Ohio Valley Environmental Coalition in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Chief Judge Beryl A. Howell on June 17, 2020. (ztnr) (Entered: 06/17/2020)
2020-06-267NOTICE of Appearance by Megan M. Hunter on behalf of OHIO VALLEY ENVIRONMENTAL COALITION (Hunter, Megan) (Entered: 06/26/2020)
2020-06-268NOTICE of Appearance by Victoria Bogdan Tejeda on behalf of OHIO VALLEY ENVIRONMENTAL COALITION (Bogdan Tejeda, Victoria) (Entered: 06/26/2020)
2020-06-299RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 6/22/2020 (Attachments: # 1 Certificate of Service Proof of Service Return Receipt)(Van Dalen, Corinne) (Entered: 06/29/2020)
2020-06-2910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney General. Date of Service Upon the United States Attorney General 6/22/2020. (Attachments: # 1 Certificate of Service Proof of Service Return Receipt)(Van Dalen, Corinne) Modified on to correct to party served 6/30/2020 (zrdj). (Entered: 06/29/2020)
2020-06-2911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 7/22/2020. (Attachments: # 1 Certificate of Service Proof of Service Return Receipt)(Van Dalen, Corinne) (Entered: 06/29/2020)
2020-07-2212ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Peterson, Benton) (Entered: 07/22/2020)
2020-08-0513MEET AND CONFER STATEMENT. (Van Dalen, Corinne) (Entered: 08/05/2020)
2020-08-06MINUTE ORDER (paperless) ENTERING, in light of the parties' 13 Joint Meet and Confer Statement, the following SCHEDULING ORDER: 1) by September 15, 2020, defendant shall issue its final determination on plaintiff's Freedom of Information Act ("FOIA") request at issue in this action and shall complete production of non-exempt records responsive to that request; 2) by October 15, 2020, the parties shall jointly submit a status report apprising the Court of the status of this matter; 3) by November 16, 2020, defendant shall file any motion for summary judgment; 4) by December 16, 2020, plaintiff shall file its opposition to any motion for summary judgment and any cross-motion for summary judgment; 5) by January 11, 2021, defendant shall file its reply in support of any motion for summary judgment and its opposition to any cross-motion for summary judgment; and 6) by February 3, 2021, plaintiff shall file its reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on August 6, 2020. (lcbah4) (Entered: 08/06/2020)
2020-08-07Set/Reset Deadlines: Defendant's final determination on plaintiff's Freedom of Information Act ("FOIA") request due by 9/15/2020. Joint Status Report due by 10/15/2020. Defendant's Motion for Summary Judgment due by 11/16/2020. Plaintiff's opposition to any motion for summary judgment and any cross-motion for summary judgment due by 12/16/2020. Defendant's reply in support of any motion for summary judgment and its opposition to any cross-motion for summary judgment due by 1/11/2021. Plaintiff's reply in support of any cross-motion due by 2/3/2021. (hmc) (Entered: 08/07/2020)
2020-10-1514NOTICE OF SUBSTITUTION OF COUNSEL by Joseph F. Carilli, Jr on behalf of All Defendants Substituting for attorney Benton Gregory Peterson (Carilli, Joseph) (Entered: 10/15/2020)
2020-10-1515Joint STATUS REPORT by OHIO VALLEY ENVIRONMENTAL COALITION. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C)(Van Dalen, Corinne) (Entered: 10/15/2020)
2020-10-16MINUTE ORDER (paperless) VACATING, upon consideration of the parties' 15 Joint Status Report, the Court's August 6, 2020, Scheduling Order and DIRECTING the parties to submit, by November 15, 2020, a joint status report advising the Court of the status of this matter and proposing, if necessary, a revised briefing schedule for summary judgment motions. Signed by Chief Judge Beryl A. Howell on October 16, 2020. (lcbah4) (Entered: 10/16/2020)
2020-10-16Set/Reset Deadlines: Joint Status Report due by 11/15/2020. (ztg) (Entered: 10/16/2020)
2020-11-1616Joint STATUS REPORT by OHIO VALLEY ENVIRONMENTAL COALITION. (Attachments: # 1 Text of Proposed Order)(Van Dalen, Corinne) (Entered: 11/16/2020)
2020-11-16MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 16 Joint Status Report, the following SCHEDULING ORDER to control further proceedings in this matter: (1) by January 15, 2021, the plaintiff shall file its Motion for Fees; (2) by February 15, 2021, the defendant shall file its opposition; and (3) by March 12, 2021, the plaintiff shall file its reply. Signed by Chief Judge Beryl A. Howell on November 16, 2020. (lcbah4) (Entered: 11/16/2020)
2020-11-17Set/Reset Deadlines: Plaintiff's Motion for Fees due by 1/15/2021; defendant's opposition due by 2/15/2021; plaintiff's reply due by 3/12/2021. (ztg) (Entered: 11/17/2020)
2021-01-1217Joint MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 01/12/2021)
2021-01-13MINUTE ORDER (paperless) GRANTING the parties' 17 Joint Motion to Modify Briefing Schedule, and MODIFYING the Court's November 16, 2020 Scheduling Order as follows: 1) by January 29, 2021, plaintiff shall file any motion for fees; 2) by March 1, 2021, defendant shall file its opposition to plaintiff's motion for fees; and 3) by March 26, 2021, plaintiff shall file its reply in support of any motion for fees. Signed by Chief Judge Beryl A. Howell on January 13, 2021. (lcbah4) (Entered: 01/13/2021)
2021-01-14Set/Reset Deadlines: Motion for fees due by 1/29/2021; opposition due by 3/1/2021; reply due by 3/26/2021. (ztg) (Entered: 01/14/2021)
2021-01-1918NOTICE OF WITHDRAWAL OF APPEARANCE as to OHIO VALLEY ENVIRONMENTAL COALITION. Attorney Victoria Bogdan Tejeda terminated. (Bogdan Tejeda, Victoria) (Entered: 01/19/2021)
2021-01-2619Joint MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 01/26/2021)
2021-01-26MINUTE ORDER (paperless) GRANTING the parties' 19 Joint Motion to Modify Briefing Schedule, and MODIFYING the Court's November 16, 2020 Scheduling Order as follows: 1) by March 1, 2021, plaintiff shall file any motion for fees; 2) by March 31, 2021, defendant shall file its opposition to plaintiff's motion for fees; and 3) by April 26, 2021, plaintiff shall file its reply in support of any motion for fees. Signed by Chief Judge Beryl A. Howell on January 26, 2021. (lcbah4) (Entered: 01/26/2021)
2021-01-27Set/Reset Deadlines: Motion for fees due by 3/1/2021; opposition to motion for fees due by 3/31/2021; reply due by 4/26/2021. (ztg) (Entered: 01/27/2021)
2021-03-0120Joint MOTION to Modify Briefing Schedule by OHIO VALLEY ENVIRONMENTAL COALITION. (Attachments: # 1 Text of Proposed Order)(Van Dalen, Corinne) (Entered: 03/01/2021)
2021-03-02MINUTE ORDER (paperless) GRANTING the parties' 20 Joint Motion to Modify Briefing Schedule, and MODIFYING the Court's November 16, 2020 Scheduling Order as follows: 1) by March 15, 2021, plaintiff shall file any motion for fees; 2) by April 14, 2021, defendant shall file its opposition to plaintiff's motion for fees; and 3) by May 10, 2021, plaintiff shall file its reply in support of any motion for fees. Signed by Chief Judge Beryl A. Howell on March 2, 2021. (lcbah4) (Entered: 03/02/2021)
2021-03-02Set/Reset Deadlines: Motion for fees due by 3/15/2021; opposition due by 4/14/2021; reply due by 5/10/2021. (ztg) (Entered: 03/02/2021)
2021-03-1321Joint MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Carilli, Joseph) (Entered: 03/13/2021)
2021-03-15MINUTE ORDER (paperless) GRANTING the parties' 21 Joint Motion to Modify Briefing Schedule, and MODIFYING the Court's November 16, 2020 Scheduling Order as follows: 1) by March 29, 2021, plaintiff shall file any motion for fees; 2) by April 28, 2021, defendant shall file its opposition to plaintiff's motion for fees; and 3) by May 24, 2021, plaintiff shall file its reply in support of any motion for fees. Signed by Chief Judge Beryl A. Howell on March 15, 2021. (lcbah4) (Entered: 03/15/2021)
2021-03-15Set/Reset Deadlines: Motion for fees due by 3/29/2021; opposition due by 4/28/2021; reply due by 5/24/2021. (ztg) (Entered: 03/15/2021)
2021-03-2622STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF ENERGY. (Carilli, Joseph) (Entered: 03/26/2021)
2021-03-29MINUTE ORDER (paperless) DISMISSING this case, with prejudice, in light of the parties' 22 Stipulation of Dismissal. The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on March 29, 2021. (lcbah4) (Entered: 03/29/2021)
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