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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01624
Date Filed2022-06-08
Date Closed2023-05-18
JudgeJudge Amit P. Mehta
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning communications sent to or from three named FERC officials and four named White House officials over an eight-month period. The agency acknowledged receipt of the request but 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-081COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9294276) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons Proposed to US Attorney, US Attorney General, and FERC, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 06/08/2022)
2022-06-09Case Assigned to Judge Amit P. Mehta. (znmg) (Entered: 06/09/2022)
2022-06-092SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/09/2022)
2022-06-103NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 06/10/2022)
2022-07-114Consent MOTION for Extension of Time to File Answer by FEDERAL ENERGY REGULATORY COMMISSION. (Moustakas, John) (Entered: 07/11/2022)
2022-07-12MINUTE ORDER granting 4 Consent Motion for Extension of Time to File Response to Plaintiff's Complaint. The Government shall answer or otherwise respond to the 1 Complaint no later than August 1, 2022. Signed by Judge Amit P. Mehta on 07/12/2022. (lcapm3) (Entered: 07/12/2022)
2022-08-015ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Moustakas, John) (Entered: 08/01/2022)
2022-08-016ORDER. 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 August 15, 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 08/01/2022. (lcapm3) (Entered: 08/01/2022)
2022-08-157Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 08/15/2022)
2022-08-16MINUTE ORDER. The parties shall file a Joint Status Report by August 18, 2022, which addresses the matters listed in the 6 Order entered on August 1, 2022. Signed by Judge Amit P. Mehta on 08/16/2022. (lcapm3) (Entered: 08/16/2022)
2022-08-16Set/Reset Deadlines: Status Report due by 8/18/2022 (zjch, ) (Entered: 08/16/2022)
2022-08-188STATUS REPORT of Plaintiff by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 08/18/2022)
2022-08-189Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Moustakas, John) (Entered: 08/18/2022)
2022-08-19MINUTE ORDER. The parties shall file an additional Joint Status Report by October 17, 2022, which updates the court on the processing and production of potential additional responsive records. The parties shall propose a schedule for further proceedings, including production of a pre-briefing Vaughn Index, if Defendant's production is complete by October 17, 2022. Signed by Judge Amit P. Mehta on 08/19/2022. (lcapm3) (Entered: 08/19/2022)
2022-08-19Set/Reset Deadlines: Status Report due by 10/17/2022 (zjch, ) (Entered: 08/19/2022)
2022-10-1710STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 10/17/2022)
2022-10-1711STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Moustakas, John) (Entered: 10/17/2022)
2022-11-0312MOTION for Summary Judgment by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Counsel (with exhibits), # 4 Exhibit A (to Declaration of Counsel), # 5 Exhibit B (to Declaration of Counsel), # 6 Exhibit C (to Declaration of Counsel), # 7 Exhibit D (to Declaration of Counsel), # 8 Exhibit E (to Declaration of Counsel), # 9 Exhibit F (to Declaration of Counsel), # 10 Exhibit G (to Declaration of Counsel), # 11 Exhibit H (to Declaration of Counsel))(Hardin, Matthew) (Entered: 11/03/2022)
2022-11-29MINUTE ORDER. Plaintiff filed a motion for summary judgment on November 3, 2022. Defendant's response was due on November 17, 2022, but none was filed. The parties shall meet and confer and, by December 1, 2022, propose a schedule for further proceedings in this case, including the next Joint Status Report. Signed by Judge Amit P. Mehta on 11/29/2022. (lcapm3) (Entered: 11/29/2022)
2022-12-0113RESPONSE TO ORDER OF THE COURT re Order, filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 12/01/2022)
2022-12-0114STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Moustakas, John) (Entered: 12/01/2022)
2022-12-02MINUTE ORDER. Any further summary judgment briefing in this matter is stayed until Defendant completes its production and the parties have in good faith attempted to resolve all disputes. The court is not interested in gamesmanship by either party. The parties shall either act professionally and work cooperatively or face sanctions. The parties shall file a Joint Status Report--and the court emphasizes the word Joint--by December 22, 2022, which advises on the status of production and whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/02/2022. (lcapm3) Modified on 12/2/2022 (zjd). (Entered: 12/02/2022)
2022-12-2215MOTION Relief from December 2, 2022 Minute Order re Order,, by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A (correspondence), # 2 Exhibit B (correspondence), # 3 Exhibit C (correspondence), # 4 Exhibit D (correspondence and draft JSR), # 5 Exhibit E (correspondence), # 6 Exhibit F (correspondence)(Hardin, Matthew) (Entered: 12/22/2022)
2022-12-2216Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Moustakas, John) (Entered: 12/22/2022)
2023-01-03MINUTE ORDER. The summary judgment motion schedule shall be as follows: Defendant's Motion for Summary Judgment shall be due on or before February 10, 2023. Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due on or before February 24, 2023. Defendant's Reply and Opposition to Plaintiff's Cross-Motion shall be due on or before March 8, 2023. Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross-Motion shall be due on or before March 20, 2023. It is not evident to the court why an amended complaint is necessary. However, if Plaintiff wishes to seek leave to file an amended complaint, it shall do so by January 11, 2023. Any opposition shall be due by January 25, 2023, and any reply due by February 1, 2023. Signed by Judge Amit P. Mehta on 01/03/2023. (lcapm3) (Entered: 01/03/2023)
2023-02-0817NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney John Moustakas (Ontell, Joshua) (Entered: 02/08/2023)
2023-02-0818MOTION for Extension of Time to File Summary Judgment Briefing by FEDERAL ENERGY REGULATORY COMMISSION. (Ontell, Joshua) (Entered: 02/08/2023)
2023-02-09MINUTE ORDER granting in part 18 Motion for Extension of Time. The following schedule shall apply: Defendant's Motion for Summary Judgment shall be due on before March 31, 2023. Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due on or before May 1, 2023. Defendant's Reply and Opposition shall be due on or before May 31, 2023. Plaintiff's Reply shall be due on or before June 30, 2023. Signed by Judge Amit P. Mehta on 02/09/2023. (lcapm3) (Entered: 02/09/2023)
2023-03-2319NOTICE OF SUBSTITUTION OF COUNSEL by M. Jared Littman on behalf of All Defendants Substituting for attorney Joshua Ontell (Littman, M.) (Entered: 03/23/2023)
2023-03-2420MOTION for Extension of Time to File Motion for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Littman, M.) (Entered: 03/24/2023)
2023-03-2821RESPONSE re 20 MOTION for Extension of Time to File Motion for Summary Judgment filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 03/28/2023)
2023-04-0322ORDER granting in part and denying in part 20 Motion for Extension of Time. Defendant shall produce a Vaughn Index by April 15, 2023. Defendant's Motion for Summary Judgment shall be due on or before May 3, 2023. Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due on or before June 2, 2023. Defendant's Reply and Opposition shall be due on or before June 30, 2023. Plaintiff's Reply shall be due on or before July 28, 2023. Please see attached Order. Signed by Judge Amit P. Mehta on 04/03/2023. (lcapm3) (Entered: 04/03/2023)
2023-04-1723Joint MOTION to Modify the Court's April 3, 2023 Scheduling Order by FEDERAL ENERGY REGULATORY COMMISSION. (Littman, M.) (Entered: 04/17/2023)
2023-04-18MINUTE ORDER granting 23 Joint Motion to Modify April 3 Scheduling Order. The following deadlines shall now apply: Defendant's Motion for Summary Judgment shall be due on or before June 2, 2023; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due on or before July 3, 2023; Defendant's Reply and Opposition shall be due on or before August 2, 2023; and Plaintiff's Reply shall be due on or before September 1, 2023. Signed by Judge Amit P. Mehta on 04/18/2023. (lcapm3) (Entered: 04/18/2023)
2023-04-18Set/Reset Deadlines: Summary Judgment motion due by 6/2/2023. Response to Motion for Summary Judgment and Cross Motion due by 7/3/2023. Reply to Motion for Summary Judgment and response to Cross Motion due by 8/2/2023. Reply to Cross Motions due by 9/1/2023. (smc) (Entered: 04/18/2023)
2023-05-1824STIPULATION of Dismissal by FEDERAL ENERGY REGULATORY COMMISSION. (Littman, M.) (Entered: 05/18/2023)
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