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Case TitleEnergy and Policy Institute v. Tennessee Valley Authority (TV2)
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2022cv00220
Date Filed2022-06-23
Date ClosedOpen
JudgeDistrict Judge Thomas A Varlan
PlaintiffEnergy and Policy Institute
Case DescriptionThe Energy and Policy Institute submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency's involvement with outside lawyers at Woods McGuire. The agency acknowledged receipt of the request. The agency disclosed records but withheld others under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). EPI filed an administrative appeal. TVA upheld its original decision. EPI then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantTennessee Valley Authority
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-231COMPLAINT against Tennessee Valley Authority ( Filing fee $ 402 receipt number ATNEDC-5095526.), filed by Energy and Policy Institute. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Other Civil Cover Sheet)(Irwin, Christopher) (Entered: 06/23/2022)
2022-06-232First MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5095609.) by Energy and Policy Institute. (Irwin, Christopher) (Entered: 06/23/2022)
2022-06-233First MOTION for Leave to Appear Pro Hac Vice Zehava Robbins ( Filing fee $ 90 receipt number ATNEDC-5095625.) by Energy and Policy Institute. (Irwin, Christopher) (Entered: 06/23/2022)
2022-06-24District Judge Thomas A Varlan and Magistrate Judge Jill E McCook added. (JBR) (Entered: 06/24/2022)
2022-06-244Summons Issued as to Tennessee Valley Authority. (JBR) (Entered: 06/24/2022)
2022-06-245Order Governing Depositions. Signed by District Judge Thomas A Varlan on 6/24/22. (JBR) (Entered: 06/24/2022)
2022-06-246Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 6/24/22. (JBR) (Entered: 06/24/2022)
2022-06-247Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 6/24/22. (JBR) (Entered: 06/24/2022)
2022-06-24Clerk's Verification of PHV Requirements is complete regarding document: 3 First MOTION for Leave to Appear Pro Hac Vice Zehava Robbins ( Filing fee $ 90 receipt number ATNEDC-5095625.) filed by Energy and Policy Institute, 2 First MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-5095609.) filed by Energy and Policy Institute (JBR) (Entered: 06/24/2022)
2022-06-248ORDER OF RECUSAL.Signed by Magistrate Judge Jill E. McCook on 6/24/22. (ADA) (Entered: 06/24/2022)
2022-06-289ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case. Case reassigned to Magistrate Judge Debra C Poplin for all further proceedings. Signed by District Judge Travis R McDonough on 6/28/2022. (AWS) (Entered: 06/28/2022)
2022-06-3010ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf ; granting 3 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 6/30/2022. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 06/30/2022)
2022-08-0111ANSWER to 1 Complaint, by Tennessee Valley Authority. (Attachments: # 1 Tait FOIA Request, # 2 TVA Response to Tait FOIA Request, # 3 Administrative Appeal of Tait FOIA Request, # 4 TVA Appellate Determination of Tait FOIA Request)(McCarty, Lane) (Entered: 08/01/2022)
2022-08-0112ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Thomas A Varlan on 8/1/22. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 08/01/2022)
2022-08-0213SCHEDULING ORDER: Bench Trial set for 11/7/2023 09:00 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 10/31/2023 02:30 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 8/2/22. (ABF) (Entered: 08/02/2022)
2022-08-1114REPORT of Rule 26(f) Planning Meeting. (McCarty, Lane) (Entered: 08/11/2022)
2022-08-1115Joint MOTION to Amend/Revise Certain Deadlines and Obligations in the Scheduling Order by Tennessee Valley Authority. (Attachments: # 1 Proposed Order)(McCarty, Lane) (Entered: 08/11/2022)
2022-08-1616ORDER GRANTING JOINT MOTION TO AMEND CERTAIN DEADLINES AND OBLIGATIONS IN THE SCHEDULING ORDER 15 as set forth more fully herein. Signed by District Judge Thomas A Varlan on August 16, 2022. (AYB) (Entered: 08/16/2022)
2022-08-3117First MOTION to Amend/Revise 1 Complaint, by Energy and Policy Institute. (Attachments: # 1 Other Memorandum in Support of Motion for Leave to Amend, # 2 Other Amended Complaint)(Robbins, Zehava) (Entered: 08/31/2022)
2022-09-0818ORDER granting 17 Motion to Amend/Correct. Plaintiff SHALL FILE its Amended Complaint [Doc. 17-2] as its operative pleading in CM/ECF on or before September 14, 2022. Defendant SHALL respond to the Amended Complaint within thirty days of its filing. Signed by Magistrate Judge Debra C Poplin on 9/8/22. (ABF) (Entered: 09/08/2022)
2022-09-0819AMENDED COMPLAINT against Tennessee Valley Authority., filed by Energy and Policy Institute.(Robbins, Zehava) (Entered: 09/08/2022)
2022-09-1520NOTICE OF NONCONSENT by Tennessee Valley Authority (McCarty, Lane) (Entered: 09/15/2022)
2022-10-0621ANSWER to 19 Amended Complaint by Tennessee Valley Authority. (Attachments: # 1 FOIA Request 109, # 2 TVA Acknowledgment of FOIA Request 109, # 3 TVA Response to FOIA Request 109, # 4 Administrative Appeal of FOIA Request 109, # 5 TVA Appellate Determination FOIA Request 109, # 6 FOIA Request 208, # 7 TVA Acknowledgment of FOIA Request 208, # 8 TVA Response to FOIA Request 208, # 9 Administrative Appeal of FOIA Request 208, # 10 TVA Appellate Determinaton of FOIA Request 208)(McCarty, Lane) (Entered: 10/06/2022)
2022-12-2222Joint MOTION to Modify Scheduling Order Deadlines for Dispositive Motion Briefing by Tennessee Valley Authority. (Attachments: # 1 Proposed Order)(McCarty, Lane) (Entered: 12/22/2022)
2023-01-1023ORDER granting 22 Joint Motion to Modify Scheduling Order Deadlines for Dispositive Motion Briefing. However, the Court finds it appropriate to reinstate the deadline for dispositive motions that was initially set in the Courts Scheduling Order 13 . The parties are reminded that they are free to file dispositive motions at any time before this deadline expires, including in accordance with the deadlines that they have requested in their Joint Motion 22 . Thus, the deadline for dispositive motions in the Courts Scheduling Order 13 is reinstated, and all other provisions of the Scheduling Order 13 , except as otherwise amended 16 , will remain unchanged. Signed by District Judge Thomas A Varlan on 1/10/23. (ABF) (Entered: 01/10/2023)
2023-05-1624MOTION for Summary Judgment by Energy and Policy Institute. (Robbins, Zehava) (Entered: 05/16/2023)
2023-05-1625MEMORANDUM in Support of Motion re 24 MOTION for Summary Judgment filed by Energy and Policy Institute. (Robbins, Zehava) (Entered: 05/16/2023)
2023-05-1626STATEMENT of Material Facts re 24 MOTION for Summary Judgment filed by Energy and Policy Institute. (Robbins, Zehava) (Entered: 05/16/2023)
2023-05-1627AFFIDAVIT in Support re 24 MOTION for Summary Judgment filed by Energy and Policy Institute. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Robbins, Zehava) (Entered: 05/16/2023)
2023-05-2228Joint MOTION to File Consolidated Briefs and for Stipulated Briefing Schedule by Tennessee Valley Authority. (Attachments: # 1 Proposed Order)(McCarty, Lane) (Entered: 05/22/2023)
2023-05-2329ORDER granting 28 Motion to File Consolidated Briefs and for Stipulated Briefing Schedule. On or before Monday, June 12, 2023, defendant SHALL file a consolidated brief of up to 35 pages in response to plaintiffs motion for summary judgment [Doc. 24] and in support of defendants own motion for summary judgment. In addition, on or before Monday, July 10, 2023, plaintiff SHALL file a consolidated brief of up to 35 pages in reply to defendants response and in response to defendants motion for summary judgment. Further, on or before Monday, July 17, 2023, defendant SHALL file any reply to plaintiffsresponse. All unexpired scheduling deadlines as of the date of the filing of the Motion SHALL be applied according to the same time limitations set forth in the Courts Scheduling Order [Doc. 13, as amended at Docs. 16, 23]. Signed by District Judge Thomas A Varlan on 5/23/23. (ABF) (Entered: 05/23/2023)
2023-06-1230MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Tennessee Valley Authority. (McCarty, Lane) (Entered: 06/12/2023)
2023-06-1231MEMORANDUM in Support of Motion re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Attach. 1 - Doc. No. 365)(McCarty, Lane) (Entered: 06/12/2023)
2023-06-1232STATEMENT of Material Facts re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment filed by Tennessee Valley Authority. (McCarty, Lane) (Entered: 06/12/2023)
2023-06-1233AFFIDAVIT in Support re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment Declaration of Buddy Eller filed by Tennessee Valley Authority. (Attachments: # 1 Attach. 1 - Litigation Counsel's January 13, 2023 Letter to EPI, # 2 Attach. 2 - Litigation Counsel's April 4, 2023 Letter to EPI, # 3 Attach. 3 - Vaughn Index for FOIA Request 109)(McCarty, Lane) (Entered: 06/12/2023)
2023-06-1234AFFIDAVIT in Support re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment Declaration of Makram Jaber filed by Tennessee Valley Authority. (Attachments: # 1 Attach. 1 - TVA's January 14, 2022 Letter to McGuireWoods, # 2 Attach. 2 - McGuireWoods' Objection, # 3 Attach. 3 - Contract No. 15140, # 4 Attach. 4 - Vaughn Index Chart)(McCarty, Lane) (Entered: 06/12/2023)
2023-06-1235AFFIDAVIT in Support re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment Declaration of Maria Gillen filed by Tennessee Valley Authority. (McCarty, Lane) (Entered: 06/12/2023)
2023-06-1236AFFIDAVIT in Support re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment Declaration of Martin Gaffney filed by Tennessee Valley Authority. (Attachments: # 1 Attach. 1 - TVA's March 18, 2022 Letter to AEGIS, # 2 Attach. 2 - AEGIS' Objection)(McCarty, Lane) (Entered: 06/12/2023)
2023-06-1237AFFIDAVIT in Support re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment Declaration of Kirk Kelley filed by Tennessee Valley Authority. (McCarty, Lane) (Entered: 06/12/2023)
2023-07-1038REPLY to Response to Motion re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 24 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by Energy and Policy Institute. (Attachments: # 1 Affidavit Supplemental Declaration of Daniel Tait, # 2 Exhibit Exhibit A: EPI's Exemption 4 Objections, # 3 Exhibit Exhibit B: EPI's Exemption 5 Objections)(Robbins, Zehava) (Entered: 07/10/2023)
2023-07-1039RESPONSE to Statement of Material Facts re 32 Statement of Material Facts filed by Energy and Policy Institute. (Robbins, Zehava) (Entered: 07/10/2023)
2023-07-1740REPLY to Response to Motion re 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (McCarty, Lane) (Entered: 07/17/2023)
2023-07-1741AFFIDAVIT re 40 Reply to Response to Motion Supplemental Declaration of Makram B. Jaber by Tennessee Valley Authority. (McCarty, Lane) (Entered: 07/17/2023)
2023-08-1142STATUS REPORT Joint Status Report by Tennessee Valley Authority. (McCarty, Lane) (Entered: 08/11/2023)
2023-10-0443Joint MOTION to Continue Trial and Suspend Scheduling Order Deadlines by Tennessee Valley Authority. (Attachments: # 1 Proposed Order)(McCarty, Lane) (Entered: 10/04/2023)
2023-10-0644ORDER: In light of the cited deficiencies in defendant's Vaughn Index and the supplementary declarations, the Court ORDERS defendant to submit a more detailed Vaughn Index and/or supplement its declarations by Tuesday, November 28, 2023. Further, in light of the above and the parties' joint motion to continue the trial date and suspend scheduling order deadlines [Doc. 43 ], this case is STAYED and the remaining scheduling order deadlines are SUSPENDED pending resolution of the parties' motions for summary judgment. The trial originally scheduled for November 7, 2023 is CANCELLED. Accordingly, the parties' motion [Doc. 43 ] is DENIED as MOOT. Signed by District Judge Thomas A Varlan on 10/6/23. (JBR) (Entered: 10/06/2023)
2023-11-2845SUPPLEMENT to 30 MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Tennessee Valley Authority. (Attachments: # 1 Supplemental Vaughn Index)(McCarty, Lane) (Entered: 11/28/2023)
2023-11-2846AFFIDAVIT re 45 Supplement Second Supplemental Declaration of Makram B. Jaber by Tennessee Valley Authority. (Attachments: # 1 Supplemental Chart)(McCarty, Lane) (Entered: 11/28/2023)
2023-12-1247RESPONSE re 46 Affidavit filed by Tennessee Valley Authority, 45 Supplement filed by Tennessee Valley Authority . (Kole, Allison) (Entered: 12/12/2023)
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