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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01463
Date Filed2022-05-25
Date Closed2023-01-04
JudgeJudge Timothy J. Kelly
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning email sent to or from four senior FERC officials from two White House email domains over the course of a seven-month period. IER also requested a fee waiver. diThe agency acknowledged receipt of the request and took a 10-day extension in which to respond to the request. After hearing nothing further from the agency, IER filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-251COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9261076) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons Proposed to USAO, USAG, and FERC, # 2 Civil Cover Sheet, # 3 Related Case Form 1:22-cv-1320-TJK)(Hardin, Matthew) (Entered: 05/25/2022)
2022-05-26NOTICE OF ERROR re 1 Complaint; emailed to MatthewDHardin@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Related Case form filed as attachment. Please file as separate entry using the event Notice of Related Case., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, ) (Entered: 05/26/2022)
2022-05-262NOTICE OF RELATED CASE by INSTITUTE FOR ENERGY RESEARCH. Case related to Case No. 1:22-cv-1320. (Hardin, Matthew) (Entered: 05/26/2022)
2022-05-27Case Assigned to Judge Timothy J. Kelly. (zjm) (Entered: 05/27/2022)
2022-05-273SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 05/27/2022)
2022-06-274NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 06/27/2022)
2022-06-275Unopposed MOTION for Extension of Time to Respond to Complaint by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Feldon, Gary) (Entered: 06/27/2022)
2022-06-27MINUTE ORDER granting Defendant's 5 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendant's 5 Unopposed Motion is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's 1 Complaint by July 11, 2022. Signed by Judge Timothy J. Kelly on 6/27/2022. (lctjk3) (Entered: 06/27/2022)
2022-07-116ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Feldon, Gary) (Entered: 07/11/2022)
2022-07-13MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by August 15, 2022. Signed by Judge Timothy J. Kelly on 7/13/2022. (lctjk3) (Entered: 07/13/2022)
2022-08-157Joint STATUS REPORT and Proposed Order by FEDERAL ENERGY REGULATORY COMMISSION. (Feldon, Gary) (Entered: 08/15/2022)
2022-08-16MINUTE ORDER: Upon consideration of the parties' 7 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by September 22, 2022. Signed by Judge Timothy J. Kelly on 8/16/2022. (lctjk3) (Entered: 08/16/2022)
2022-09-198NOTICE OF SUBSTITUTION OF COUNSEL by Cristen Cori Handley on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney Gary Feldon (Handley, Cristen) (Entered: 09/19/2022)
2022-09-229Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Handley, Cristen) (Entered: 09/22/2022)
2022-09-25MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report, including, if necessary, a proposed briefing schedule, by October 20, 2022. Signed by Judge Timothy J. Kelly on 9/25/2022. (lctjk3) (Entered: 09/25/2022)
2022-10-2010Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Handley, Cristen) (Entered: 10/20/2022)
2022-10-21VACATED PURSUANT TO ORDER FILED 11/18/2022..... MINUTE ORDER: In light of the parties' 10 Joint Status Report, it is hereby ORDERED that the following schedule will govern proceedings: Defendant shall file its motion for summary judgment by November 21, 2022; Plaintiff shall file a consolidated opposition to Defendant's motion for summary judgment and cross-motion for summary judgment, if any, by December 21, 2022; Defendant shall file a consolidated reply in support of its motion for summary judgment and response to Plaintiff's cross-motion for summary judgment, if any, by January 13, 2023; and Plaintiff will file a reply in support of its cross-motion for summary judgment, if any, by February 3, 2023. Signed by Judge Timothy J. Kelly on 10/21/2022. (lctjk3) Modified to vacate on 11/18/2022 (zkh). (Entered: 10/21/2022)
2022-11-1711Joint MOTION to Vacate Summary Judgment Briefing Schedule by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Handley, Cristen) (Entered: 11/17/2022)
2022-11-18MINUTE ORDER: Upon consideration of the parties' 11 Joint Motion to Vacate Summary Judgment Briefing Schedule, it is hereby ORDERED that the briefing schedule set by the Court on October 21, 2022, is VACATED. It is further ORDERED that the parties shall file a joint status report by January 20, 2023, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 11/18/2022. (lctjk3) (Entered: 11/18/2022)
2023-01-0312STIPULATION of Dismissal With Prejudice by FEDERAL ENERGY REGULATORY COMMISSION. (Handley, Cristen) (Entered: 01/03/2023)
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