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Case TitlePerrusquia v. Tennessee Valley Authority (JRG2)
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2022cv00309
Date Filed2022-09-07
Date Closed2023-10-10
JudgeDistrict Judge J Ronnie Greer
PlaintiffJose Marcus Perrusquia
Case DescriptionJose Marcus Perrusquia submitted a FOIA request to the Tennessee Valley Authority for records concerning the salary and total compensation of each of the TVA's four regional vice presidents. The agency acknowledged receipt of the request. The agency denied the request under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Perrusquia filed an administrative appeal of the denial. The agency upheld its denial. Perrusquia then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantTennessee Valley Authority
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-071COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number ATNEDC-5162515.), filed by Jose Marcus Perrusquia. (Attachments: # 1 Other Civil Cover Sheet, # 2 Summons TVA Summons, # 3 Summons US Attorney Summons, # 4 Summons AG Summons, # 5 Exhibit Exhibit A, # 6 Exhibit Exhibit B, # 7 Exhibit Exhibit C, # 8 Exhibit Exhibit D)(McAdoo, Paul) (Entered: 09/07/2022)
2022-09-08District Judge J Ronnie Greer and Magistrate Judge Jill E McCook added. (JCK) (Entered: 09/08/2022)
2022-09-082Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons US Attorney, # 2 Summons US Attorney General)(JCK) (Entered: 09/08/2022)
2022-09-083Order Governing Depositions Signed by District Judge J Ronnie Greer on 9/8/2022. (JCK) (Entered: 09/08/2022)
2022-09-084Order Governing Motions To Dismiss Signed by District Judge J Ronnie Greer on 9/8/2022. (JCK) (Entered: 09/08/2022)
2022-09-085Order Governing Sealing Confidential Information Signed by District Judge J Ronnie Greer on 9/8/2022. (JCK) (Entered: 09/08/2022)
2022-09-096ORDER OF RECUSAL. Pursuant to the provisions of 28 U.S.C. § 455(a), the undersigned judge hereby recuses in this matter and requests that the Chief Judge reassign this case to another judge. Signed by Magistrate Judge Jill E. McCook on 9/9/22. (ADA) (Entered: 09/09/2022)
2022-09-127ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case Case reassigned to Magistrate Judge Debra C Poplin to handleany matters routinely considered by a magistrate judge pursuant to 28 U.S.C. § 636(b) and the Rules of this Court.Signed by District Judge Travis R McDonough on 9/12/2022. (DJH) (Entered: 09/12/2022)
2022-09-138AFFIDAVIT of Service for Summons and Complaint served on Jeffrey Lyash on 9/9/22, filed by Jose Marcus Perrusquia. (Attachments: # 1 Exhibit)(McAdoo, Paul) (Entered: 09/13/2022)
2022-09-139AFFIDAVIT of Service for Summons and Complaint served on Francis M. Hamilton III on 9/9/22, filed by Jose Marcus Perrusquia. (Attachments: # 1 Exhibit)(McAdoo, Paul) (Entered: 09/13/2022)
2022-09-1510AFFIDAVIT of Service for Summons and Complaint served on Attorney General Merrick Garland on 09/09/2022, filed by Jose Marcus Perrusquia. (Attachments: # 1 Exhibit)(McAdoo, Paul) (Entered: 09/15/2022)
2022-10-0711ANSWER to 1 Complaint, by Tennessee Valley Authority.(Sanders, Christopher) (Entered: 10/07/2022)
2022-10-0712ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge J Ronnie Greer on 10/7/22. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 10/07/2022)
2022-10-1213ORDER: Generally, scheduling orders will be entered by the Court in lieu of in-person or telephonic scheduling conferences unless otherwise requested by the parties. It is therefore ORDERED : 1. As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiffs counsel, for the purpose of considering the nature and basis of their claims and defenses. Signed by District Judge J Ronnie Greer on 10/12/2022. (CAT) (Entered: 10/12/2022)
2022-11-0814NOTICE OF NONCONSENT by Jose Marcus Perrusquia (McAdoo, Paul) (Entered: 11/08/2022)
2022-11-0815REPORT of Rule 26(f) Planning Meeting. (McAdoo, Paul) (Entered: 11/08/2022)
2022-11-1516SCHEDULING ORDER: The parties have now filed their Rule 26(f) report. In their report, the parties state that this matter is unlikely to require trial, and the parties anticipate that the matter can be resolved through cross-motions for summary judgment. The parties also agree that discovery and initial disclosures are unnecessary in this matter. Therefore, pursuant to Rule 16(b), it is hereby ORDERED as follows: See Order for details. Signed by District Judge Clifton L Corker on 11/15/2022. (LCK) (Entered: 11/15/2022)
2023-01-2317MOTION for Summary Judgment by Tennessee Valley Authority. (Attachments: # 1 Affidavit Eller Declaration, # 2 Affidavit Eimers Declaration, # 3 Affidavit Maierhofer Declaration, # 4 Affidavit Mitchem Declaration, # 5 Affidavit Yates Declaration)(Chin, Steven) (Entered: 01/23/2023)
2023-01-2318STATEMENT of Material Facts re 17 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit TVA 2021 Form 10-K, # 2 Exhibit OPM Guide to Personnel Recordkeeping, # 3 Exhibit TVA Service Regions, # 4 Exhibit MLGW Decision)(Chin, Steven) (Entered: 01/23/2023)
2023-01-2319MEMORANDUM in Support of Motion re 17 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 01/23/2023)
2023-02-2220Cross MOTION for Summary Judgment and RESPONSE to 17 Defendant's Motion for Summary Judgment by Jose Marcus Perrusquia. (Attachments: # 1 Other Perrusquia Declaration with Exhibits, # 2 Other McAdoo Declaration with Exhibits, # 3 Other Marshall Declaration with Exhibit) (McAdoo, Paul) Modified text on 2/23/2023 (AYB). (Entered: 02/22/2023)
2023-02-2221Plaintiff's Combined STATEMENT of Material Facts re 20 MOTION for Summary Judgment and RESPONSE to 18 Defendant's Statement of Material Facts filed by Jose Marcus Perrusquia. (McAdoo, Paul) Modified text on 2/23/2023 (AYB). (Entered: 02/22/2023)
2023-02-2222MEMORANDUM in Opposition to 17 Defendant's Motion for Summary Judgment and in Support of 20 Plaintiff's Cross MOTION for Summary Judgment filed by Jose Marcus Perrusquia. (McAdoo, Paul) Modified text on 2/23/2023 (AYB). (Entered: 02/22/2023)
2023-03-1523RESPONSE to Statement of Material Facts re 21 Statement of Material Facts filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 03/15/2023)
2023-03-1524REPLY in Support of 17 TVA's MOTION for Summary Judgment and In Response to 20 Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit News Article - Daily Memphian, # 2 Exhibit News Article - A Dim View, # 3 Exhibit News Article - Critics Blast TVA, # 4 Exhibit Jan 11, 2022 Email, # 5 Exhibit Jan 15, 2022 Email) (Chin, Steven) Modified text and created docket relationship on 3/15/2023 (AYB). (Entered: 03/15/2023)
2023-04-0525REPLY to Response to Motion re 20 Cross MOTION for Summary Judgment and RESPONSE to 17 Defendant's Motion for Summary Judgment filed by Jose Marcus Perrusquia. (McAdoo, Paul) (Entered: 04/05/2023)
2023-09-2726MEMORANDUM OPINION AND ORDER denying 17 MOTION for Summary Judgment filed by Tennessee Valley Authority granting 20 Cross MOTION for Summary Judgment and RESPONSE to 17 Defendant's Motion for Summary Judgment filed by Jose Marcus Perrusquia. Defendant's Motion for Summary Judgment [Doc. 17] is DENIED and Plaintiff's Cross-Motion for Summary Judgment [Doc. 20] is GRANTED. An appropriate judgment will enter. Signed by District Judge J Ronnie Greer on 9/27/2023. (LCK) (Entered: 09/27/2023)
2023-10-1027JUDGMENT re 26 Memorandum Opinion and Order. For the reasons set forth in the previously filed Memorandum Opinion and Order, summary judgment is GRANTED to Plaintiff and DENIED to Defendant. As there are no pending matters remaining before the Court, the Clerk is DIRECTED to CLOSE the case. Signed by District Judge J Ronnie Greer on 10/10/2023. (LCK) (Entered: 10/10/2023)
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by FOIA Project Staff
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