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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02756
Date Filed2022-09-12
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning correspondence between FERC and the White House on FERC's processing of FOIA requests from January 2021 to August 2022. IEA also requested a fee waiver. 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

2022-09-121COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9510025) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Proposed to AG, USAO, and Agency Counsel)(Hardin, Matthew) (Attachment 1 replaced on 9/15/2022) (zmrl). (Entered: 09/12/2022)
2022-09-15Case Assigned to Judge Colleen Kollar-Kotelly. (zmrl) (Entered: 09/15/2022)
2022-09-152SUMMONS (1) Issued Electronically as to U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) Modified on 9/16/2022 (znmw). (Main Document 2 replaced on 9/16/2022) (znmw). (Entered: 09/15/2022)
2022-09-153REQUEST FOR SUMMONS TO ISSUE (correcting erroneous initial summonses) re 1 Complaint, filed by INSTITUTE FOR ENERGY RESEARCH. Related document: 1 Complaint, filed by INSTITUTE FOR ENERGY RESEARCH.(Hardin, Matthew) (Entered: 09/15/2022)
2022-09-154SUMMONS (2) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION. (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 09/15/2022)
2022-09-165ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 9/16/2022. (DM) (Entered: 09/16/2022)
2022-10-046NOTICE of Appearance by Robert Aaron Caplen on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Caplen, Robert) (Entered: 10/04/2022)
2022-10-047MOTION for Extension of Time to File Answer re 1 Complaint, by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 10/04/2022)
2022-10-048NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 10/04/2022)
2022-10-049RESPONSE re 7 MOTION for Extension of Time to File Answer re 1 Complaint, filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 10/04/2022)
2022-10-0510REPLY to opposition to motion re 7 MOTION for Extension of Time to File Answer re 1 Complaint, filed by FEDERAL ENERGY REGULATORY COMMISSION. (Caplen, Robert) (Entered: 10/05/2022)
2022-10-06MINUTE ORDER: The Court is in receipt of Defendant's 7 Motion for Extension of Time. Defendant requests an extension of time, from October 17, 2022 to December 2, 2022, to answer or otherwise respond to Plaintiff's complaint. In support thereof, Defendant relies on a long list of competing deadlines, none of which is a trial. Although Plaintiff consents to a 21-day extension, it opposes an extension of time to December. As Plaintiff rightly notes, Federal Rule of Civil Procedure 6(b) permits the Court to grant an opposed extension request only upon a showing of good cause. A heavy caseload is usually insufficient to establish good cause. See Joseph v. Hess Oil Virgin Islands Corp. , 651 F.3d 348, 356 (3d Cir. 2011) (collecting cases). Although extensions of time are routinely granted in FOIA cases such as this, the Court is hesitant to grant an opposed request beyond 21 days. As such, the Court GRANTS IN PART AND DENIES IN PART Defendant's 7 Motion for Extension of Time and directs Defendant to answer or otherwise respond to Plaintiff's complaint on or before November 14, 2022 . Signed by Judge Colleen Kollar-Kotelly on October 6, 2022. (lcckk1) (Entered: 10/06/2022)
2022-10-06Set/Reset Deadlines: Defendant to answer or otherwise respond to Plaintiff's complaint on or before 11/14/2022. (dot) (Entered: 10/10/2022)
2022-11-1411ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Caplen, Robert) (Entered: 11/14/2022)
2022-11-1512ORDER directing parties to file joint status report on or before December 13, 2022 . See Order for details. Signed by Judge Colleen Kollar-Kotelly on November 15, 2022. (lcckk1) (Entered: 11/15/2022)
2022-11-15Set/Reset Deadlines: Joint Status Report due by 12/13/2022. (dot) (Entered: 11/15/2022)
2022-12-1313Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Caplen, Robert) (Entered: 12/13/2022)
2022-12-15MINUTE ORDER: The Court is in receipt of the parties' initial 13 Joint Status Report. In consideration thereof, the parties shall file another joint status report on or before January 27, 2023 . Because the parties indicate that this FOIA matter should proceed directly to dispositive motions briefing, the Court will not direct rolling joint status reports. The parties also suggest that this matter is related to another matter before the Court, IER v. FERC , Civ. A. No. 22-3419 (CKK). The parties should indicate in their next joint status report whether they propose consolidating the two cases. Signed by Judge Colleen Kollar-Kotelly on December 15, 2022. (lcckk1) (Entered: 12/15/2022)
2022-12-15Set/Reset Deadlines: Joint Status Report due by 1/27/2023. (dot) (Entered: 12/15/2022)
2023-01-2714Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Caplen, Robert) (Entered: 01/27/2023)
2023-03-2415Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Robertson, L'Shauntee) (Entered: 03/24/2023)
2023-03-2416NOTICE OF SUBSTITUTION OF COUNSEL by L'Shauntee J. Robertson on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney Robert Caplen (Robertson, L'Shauntee) (Entered: 03/24/2023)
2023-03-2717ORDER consolidating Civ. A. No. 22-2756 and Civ. A. No. 22-3419. Signed by Judge Colleen Kollar-Kotelly on March 24, 2023. (lcckk1) (Entered: 03/27/2023)
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