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Case TitleENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01312
Date Filed2022-05-12
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted two FOIA requests to the Securities and Exchange Commission for records concerning correspondence between four agency officials and the White House over a seven-month period. The other request was for calendar appointments for two officials. EPA also requested inclusion in the new media fee category. The agency acknowledged receipt of the requests and granted EPA's request for news media status. After hearing nothing more from the agency, EPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

Defendant2255
SECURITIES AND EXCHANGE COMMISSION
DefendantSECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-121COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 402 receipt number ADCDC-9233348) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Proposed to Agency, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 05/12/2022)
2022-05-13Case Assigned to Judge Amit P. Mehta. (znmg) (Entered: 05/13/2022)
2022-05-132SUMMONS (3) Issued Electronically as to SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 05/13/2022)
2022-05-133NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Main Document 3 replaced on 5/16/2022) (rj). Modified on 5/16/2022 to flatten pdf(rj). (Entered: 05/13/2022)
2022-06-104NOTICE of Appearance by Mary Alexandra Verdi on behalf of SECURITIES AND EXCHANGE COMMISSION (Verdi, Mary) (Entered: 06/10/2022)
2022-06-105MOTION for Extension of Time to File Answer re 1 Complaint by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Text of Proposed Order on Consent Motion for Enlargement of Time to Answer)(Verdi, Mary) (Entered: 06/10/2022)
2022-06-10MINUTE ORDER granting 5 Defendant's Consent Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendant shall respond to the complaint on or before July 13, 2022. Signed by Judge Amit P. Mehta on 6/10/2022. (lcapm2) (Entered: 06/10/2022)
2022-07-136ANSWER to Complaint by SECURITIES AND EXCHANGE COMMISSION.(Verdi, Mary) (Entered: 07/13/2022)
2022-07-137ORDER. 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 July 27, 2022. 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. Signed by Judge Amit P. Mehta on 7/13/2022. (lcapm2) (Entered: 07/13/2022)
2022-07-218Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 07/21/2022)
2022-07-22MINUTE ORDER. The parties shall file an additional Joint Status Report by September 9, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/22/2022. (lcapm2) (Entered: 07/22/2022)
2022-09-099Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 09/09/2022)
2022-09-12MINUTE ORDER. The parties shall file an additional Joint Status Report by October 24, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/12/2022. (lcapm2) (Entered: 09/12/2022)
2022-10-1910Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 10/19/2022)
2022-10-20MINUTE ORDER. The parties shall file an additional Joint Status Report by December 5, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/20/2022. (lcapm2) (Entered: 10/20/2022)
2022-12-0511Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 12/05/2022)
2022-12-06MINUTE ORDER. The parties shall file an additional Joint Status Report by January 19, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/06/2022. (lcapm2) (Entered: 12/06/2022)
2023-01-1912Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 01/19/2023)
2023-01-20MINUTE ORDER. The parties shall file an additional Joint Status Report by March 6, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/20/2023. (lcapm2) (Entered: 01/20/2023)
2023-03-0613Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 03/06/2023)
2023-03-07MINUTE ORDER. The parties shall file an additional Joint Status Report by April 23, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 3/7/2023. (lcapm2) (Entered: 03/07/2023)
2023-04-2014Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER. The parties shall file an additional Joint Status Report by June 5, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 4/21/2023. (lcapm3) (Entered: 04/21/2023)
2023-06-0115Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 06/01/2023)
2023-06-02MINUTE ORDER. The parties shall file an additional Joint Status Report by July 5, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 6/2/2023. (lcapm2) (Entered: 06/02/2023)
2023-07-0516Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 07/05/2023)
2023-07-06MINUTE ORDER. The parties shall file an additional Joint Status Report by August 8, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 7/6/2023. (lcapm2) (Entered: 07/06/2023)
2023-08-0817Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 08/08/2023)
2023-08-09MINUTE ORDER. The parties shall file an additional Joint Status Report by August 15, 2023, which proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 08/09/2023. (lcapm2) (Entered: 08/09/2023)
2023-08-1418Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 08/14/2023)
2023-08-1519ORDER entering the briefing schedule proposed in the parties' 18 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before October 10, 2023; (2) Plaintiff's Opposition to Defendant's Motion and any Cross-Motion for Summary Judgment is due on or before November 7, 2023; (3) Defendant's Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before November 28, 2023; and (4) Plaintiff's Reply in Support of any Cross-Motion for Summary Judgment is due on or before December 19, 2023. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/15/2023. (lcapm2) (Entered: 08/15/2023)
2023-08-15Set/Reset Deadlines/Hearings: Cross Motions due by 11/7/2023. Response to Cross Motions due by 11/28/2023. Reply to Cross Motions due by 12/19/2023. Summary Judgment motions due by 10/10/2023. Response to Motion for Summary Judgment due by 11/7/2023. Reply to Motion for Summary Judgment due by 11/28/2023. (zjch, ) (Entered: 08/15/2023)
2023-10-1020MOTION for Summary Judgment by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Carrie Hyde-Michaels, # 3 Declaration of Mark Tallarico, # 4 Exhibit 1 (Vaughn Index), # 5 Exhibit 2 (Vaughn Index), # 6 Memorandum in Support, # 7 Text of Proposed Order)(Verdi, Mary) (Entered: 10/10/2023)
2023-11-0721RESPONSE re 20 MOTION for Summary Judgment filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Statement of Facts, # 2 Exhibit A - Material referred to at SEC's statement of Material Facts, Para. 21 (Ex. 2, Entry 1), # 3 Exhibit B - Disputed Email Records, # 4 Exhibit C - Disputed Calendar Records)(Hardin, Matthew) (Entered: 11/07/2023)
2023-11-2822REPLY to opposition to motion re 20 MOTION for Summary Judgment filed by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 11/28/2023)
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