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Case TitleENERGY POLICY ADVOCATES v. U.S. DEPARTMENT OF THE TREASURY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02012
Date Filed2021-07-25
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted two FOIA requests to the Department of Treasury for records. One request asked for correspondence of Didem Nisanci or Calvin Mitchell containing words related to climate. The second FOIA request asked for correspondence of Catherine Wolfram containing the same words related to climate. EPA also requested a fee waiver. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, EPA filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF THE TREASURY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-251COMPLAINT against TREASURY DEPARTMENT ( Filing fee $ 402 receipt number ADCDC-8621474) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Proposed to US Attorney, US Attorney General, and Department of Treasury, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 07/25/2021)
2021-07-252REQUEST FOR SUMMONS TO ISSUE re 1 Complaint, filed by ENERGY POLICY ADVOCATES. Related document: 1 Complaint, filed by ENERGY POLICY ADVOCATES.(Hardin, Matthew) (Entered: 07/25/2021)
2021-07-26Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 07/26/2021)
2021-07-263SUMMONS (3) Issued Electronically as to TREASURY DEPARTMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/26/2021)
2021-07-264SUMMONS (1) Issued Electronically as to TREASURY DEPARTMENT. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/26/2021)
2021-07-265NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Entered: 07/26/2021)
2021-08-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/3/2021. Answer due for ALL FEDERAL DEFENDANTS by 9/2/2021. (Attachments: # 1 Exhibit USPS tracking, # 2 Exhibit USPS Receipt)(Hardin, Matthew) (Main Document 6 replaced on 8/12/2021) (zeg). (Entered: 08/06/2021)
2021-08-257NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 08/25/2021)
2021-08-258MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 08/25/2021)
2021-08-26MINUTE ORDER granting Defendant's 8 Motion for Extension of Time to File Answer. Defendant's Answer shall now be due on or before October 4, 2021. Signed by Judge Amit P. Mehta on 8/26/2021. (lcapm2) (Entered: 08/26/2021)
2021-10-049ANSWER to Complaint by U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit, # 2 Exhibit)(Curteman, Dedra) (Entered: 10/04/2021)
2021-10-0410ORDER. 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 18, 2021. 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 details. Signed by Judge Amit P. Mehta on 10/4/2021. (lcapm2) (Entered: 10/04/2021)
2021-10-1811Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 10/18/2021)
2021-10-18MINUTE ORDER. The parties shall file an additional Joint Status Report by November 1, 2021. Signed by Judge Amit P. Mehta on 10/18/2021. (lcapm2) (Entered: 10/18/2021)
2021-11-0112Joint STATUS REPORT Filed BY ENERGY POLICY ADVOCATES by ENERGY POLICY ADVOCATES. (Horner, Christopher) (Entered: 11/01/2021)
2021-11-01MINUTE ORDER. The parties shall file an additional Joint Status Report by December 16, 2021. Signed by Judge Amit P. Mehta on 11/1/2021. (lcapm2) (Entered: 11/01/2021)
2021-12-1613Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 12/16/2021)
2021-12-17MINUTE ORDER. The parties shall file an additional Joint Status Report by January 31, 2022. Signed by Judge Amit P. Mehta on 12/17/2021. (lcapm2) (Entered: 12/17/2021)
2022-01-3114ENTERRED IN ERROR.....Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) Modified on 1/31/2022 (zeg). (Entered: 01/31/2022)
2022-01-31NOTICE OF CORRECTED DOCKET ENTRY: re 14 Status Report was entered in error and counsel was instructed to refile said pleading with correct case number. (zeg) (Entered: 01/31/2022)
2022-01-3115Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 01/31/2022)
2022-02-01MINUTE ORDER. The parties shall file an additional Joint Status Report by March 17, 2022. Signed by Judge Amit P. Mehta on 2/1/2022. (lcapm2) (Entered: 02/01/2022)
2022-03-1716Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 03/17/2022)
2022-03-28MINUTE ORDER. The parties shall file an additional Joint Status Report by May 16, 2022, which updates the court on the processing and production of responsive records. If concerns persist about Defendant's productions, the court may then consider whether a status conference or some other process is appropriate. Signed by Judge Amit P. Mehta on 3/28/2022. (lcapm2) (Entered: 03/28/2022)
2022-05-1617Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 05/16/2022)
2022-05-17MINUTE ORDER. The parties shall appear for a status conference on May 26, 2022, at 2:15 p.m. via videoconference. The courtroom deputy shall circulate access information. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted and should only be used by non-participating parties. Signed by Judge Amit P. Mehta on 5/17/2022. (lcapm2) (Entered: 05/17/2022)
2022-05-23NOTICE of Hearing: Remote Status Conference rescheduled to May 27, 2022 at 2:15 PM before Judge Amit P. Mehta. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted and should only be used by non-participating parties. (zjd) (Entered: 05/23/2022)
2022-05-27Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 5/27/2022. Status Conference set for 6/10/2022 at 10:15 AM via videoconference before Judge Amit P. Mehta. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (Court Reporter: William Zaremba) (zjd) (Entered: 05/27/2022)
2022-06-0818Joint MOTION to Continue June 10, 2022 hearing by ENERGY POLICY ADVOCATES. (Hardin, Matthew) (Entered: 06/08/2022)
2022-06-09MINUTE ORDER granting 18 Joint Motion to Continue Status Hearing. The hearing currently scheduled for June 10, 2022, is hereby vacated and rescheduled for June 23, 2022, at 10:15 a.m. Signed by Judge Amit P. Mehta on 6/9/2022. (lcapm2) (Entered: 06/09/2022)
2022-06-23Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 6/23/2022. Status Conference set for 7/14/2022 at 10:00 AM via videoconference before Judge Amit P. Mehta. Members of the public or media may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (Court Reporter: William Zaremba) (zjd) (Entered: 06/23/2022)
2022-07-14Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 7/14/2022. Joint Status Report due by 9/16/2022. (Court Reporter: William Zaremba) (zjd) (Entered: 07/14/2022)
2022-09-1619Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 09/16/2022)
2022-09-19MINUTE ORDER. The parties shall file an additional Joint Status Report by December 15, 2022, which updates the court on the status of processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/19/2022. (lcapm2) (Entered: 09/19/2022)
2022-12-1520Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 12/15/2022)
2022-12-16MINUTE ORDER. The parties shall file an additional Joint Status Report by January 31, 2023, which updates the court on the status of processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/16/2022. (lcapm2) (Entered: 12/16/2022)
2023-01-3121Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 01/31/2023)
2023-02-01MINUTE ORDER. The parties shall file an additional Joint Status Report by March 10, 2023, which updates the court on the status of processing and production of responsive records. Upon receipt of the next Joint Status Report, the court will determine whether a deadline for completing production is warranted. Signed by Judge Amit P. Mehta on 2/1/2023. (lcapm2) (Entered: 02/01/2023)
2023-03-1022Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 03/10/2023)
2023-03-13MINUTE ORDER. The parties shall file an additional Joint Status Report by April 10, 2023, which updates the court on the status of processing and production of responsive records. The court is unmoved by Defendant's contention that it cannot control the review process by other agencies. Plaintiff directed the FOIA request to Defendant, and Defendant has an obligation to make timely production. If additional records are not disclosed by April 10, 2023, the court will impose a deadline for final production. Signed by Judge Amit P. Mehta on 3/13/2023. (lcapm2) (Entered: 03/13/2023)
2023-04-1023Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 04/10/2023)
2023-04-11MINUTE ORDER. The court appreciates Defendant's efforts to respond to the court's minute order of March 13, 2023. But the very case that Defendant cites to urge the court to grant more time before setting a production deadline establishes that (1) the agency to which a FOIA request is directed is ultimately responsible for timely disclosure of records and is not absolved of that responsibility because of the consultative process with other agencies, and (2) the court may set concrete production deadlines as appropriate. See Nat'l Pub. Radio, Inc. v. United States Dep't of the Treasury, No. 19-cv-17 (JDB), 2021 WL 1850696, at *2 (D.D.C. Mar. 31, 2021). This case has now been pending for nearly two years. The production, at some point, must come to a close. Consistent with the court's decision in National Public Radio, the court orders as follows: (1) Defendant shall process by no later than May 12, 2023, all documents for which it has received responses to its consultation/coordination requests by April 21, 2023; and it is further ordered that (2) the parties shall submit a Joint Status Report by no later than May 12, 2023, detailing the status of all remaining outstanding consultation/coordination requests including (a) number of pages; (b) the date first referred for consultation; (c) the name of the consulting agency if disclosable in accordance with 31 C.F.R. § 1.3(d)(3); (d) the consulting agency's estimated time for responding and any circumstances giving rise to that estimate; and (e) Defendant's anticipated time for processing and production thereafter. Signed by Judge Amit P. Mehta on 04/11/2023. (lcapm2) (Entered: 04/11/2023)
2023-05-1224Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 05/12/2023)
2023-05-15MINUTE ORDER. The parties shall file an additional Joint Status Report by June 12, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 5/15/2023. (lcapm2) (Entered: 05/15/2023)
2023-06-1225Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 06/12/2023)
2023-06-13MINUTE ORDER. The parties shall file an additional Joint Status Report by July 12, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 5/15/2023. (lcapm2) (Entered: 06/13/2023)
2023-07-1226Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 07/12/2023)
2023-07-14MINUTE ORDER. Defendant shall produce a Vaughn index by September 15, 2023. The parties shall file an additional Joint Status Report by September 30, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 7/14/2023. (lcapm2) (Entered: 07/14/2023)
2023-09-0727Unopposed MOTION for Extension of Time to Lodge Vaughn Index and for the Parties to Submit the Joint Status Report by U.S. DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 09/07/2023)
2023-09-08MINUTE ORDER granting Defendant's 27 Unopposed Motion for Enlargement of Time to Lodge Vaughn Index and Submit Joint Status Report. Defendant shall lodge the Vaughn index no later than September 29, 2023 and the parties shall submit a Joint Status Report no later than October 13, 2023. Signed by Judge Amit P. Mehta on 09/08/23. (lcapm2) (Entered: 09/08/2023)
2023-10-1128Joint STATUS REPORT by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 10/11/2023)
2023-10-12MINUTE ORDER. The parties shall file an additional Joint Status Report by November 13, 2023, which updates the court on the status of settlement. Signed by Judge Amit P. Mehta on 10/12/23. (lcapm1) (Entered: 10/12/2023)
2023-11-0229STIPULATION of Dismissal by U.S. DEPARTMENT OF THE TREASURY. (Curteman, Dedra) (Entered: 11/02/2023)
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