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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03420
Date Filed2022-11-07
Date Closed2024-02-13
JudgeJudge Beryl A. Howell
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning for calendars kept by two named FERC officials over a two-month period. The agency acknowledged receipt of the request. The disclosed some records but withheld others under Exemption 5 (privileges). IER filed an administrative appeal of the denial. The agency upheld is original decision. IER submitted a second FOIA request for phone bills for mobile devices for four employees over a period of six to 13 months. The agency acknowledged receipt of the request. The agency provided some records but withheld most of the records under Exemption 6 (invasion of privacy). IER filed an administrative appeal of the redactions. The agency upheld its original decision and argued that the phone records were not agency subject to FOIA. IER then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-121COMPLAINT for Declaratory and injunctive Relief against All Defendants filed by Institute for Energy Research. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Envelope)(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/12/2022)
2022-09-12Initial Filing fee: $402.00 re: 1 Complaint, receipt number VIC2568, filed. (BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/12/2022)
2022-09-122MOTION for Matthew D. Hardin to Appear Pro Hac Vice by Institute for Energy Research, filed. Motion Docket Date 10/3/2022. (Attachments: # 1 Certificate of Good Standing)(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/12/2022)
2022-09-12Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/12/2022)
2022-09-123ORDER granting 2 Motion for Matthew D. Hardin to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here .(Signed by Judge Drew B Tipton) Parties notified.(RochelleLimon, 2) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/12/2022)
2022-09-124ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/12/2022 at 03:00 PM by video before Judge Drew B Tipton.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/13/2022)
2022-09-145MOTION for Christopher C. Horner to Appear Pro Hac Vice by Institute for Energy Research, filed. Motion Docket Date 10/5/2022. (Attachments: # 1 Certificate of Good Standing)(Hardin, Matthew) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/14/2022)
2022-09-156ORDER granting 5 Motion for Christopher C. Horner to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found here .(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 09/15/2022)
2022-10-277ANSWER to 1 Complaint by Federal Energy Regulatory Commission, filed.(Siddiqui, Myra) [Transferred from Texas Southern on 11/8/2022.] (Entered: 10/27/2022)
2022-10-288MOTION to Transfer Case to District of Columbia by Federal Energy Regulatory Commission, filed. Motion Docket Date 11/18/2022. (Attachments: # 1 Exhibit A Declaration of Kevin Corbin, # 2 Exhibit B D.D.C. Complaints, # 3 Exhibit C Institute for Energy Research Webpage, # 4 Exhibit D Harris County Appraisal District Listing, # 5 Proposed Order)(Siddiqui, Myra) [Transferred from Texas Southern on 11/8/2022.] (Entered: 10/28/2022)
2022-11-019NOTICE of Consent to Transfer re: 8 MOTION to Transfer Case to District of Columbia by Institute for Energy Research, filed. (Hardin, Matthew) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/01/2022)
2022-11-0710ORDER TO TRANSFER CASE to District of Columbia; granting 8 Motion to Transfer.(Signed by Judge Drew B Tipton) Parties notified.(BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/07/2022)
2022-11-07Interdistrict transfer to District of Columbia. Case transferred electronically. Case terminated on 11/7/2022, filed. (BrittanyBoniface, 6) [Transferred from Texas Southern on 11/8/2022.] (Entered: 11/07/2022)
2022-11-0811Case transferred in from District of Texas Southern; Case Number 6:22-cv-00036. Original file ,transfer order and docket sheet received. (Entered: 11/08/2022)
2022-11-0812STANDING ORDER. Signed by Chief Judge Beryl A. Howell on November 8, 2022. (lcbah1) (Entered: 11/08/2022)
2022-11-2113NOTICE of Appearance by Brenda A. Gonzalez Horowitz on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Gonzalez Horowitz, Brenda) (Entered: 11/21/2022)
2022-11-2214Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Gonzalez Horowitz, Brenda) (Entered: 11/22/2022)
2022-11-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file another joint status report by December 22, 2022, unless a motion for summary judgment has been filed prior to that date. Signed by Chief Judge Beryl A. Howell on November 28, 2022. (lcbah1) (Entered: 11/28/2022)
2022-11-29Set/Reset Deadlines: Joint Status Report due by 12/22/2022. (ztg) (Entered: 11/29/2022)
2022-12-2215Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Gonzalez Horowitz, Brenda) (Entered: 12/22/2022)
2022-12-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file a joint status report by January 30, 2023, addressing whether this case is related to Case No. 22-cv-3602 and, if so, the parties' positions on whether these cases should be consolidated or otherwise addressed by the same Judge, and proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on December 28, 2022. (lcbah1) (Entered: 12/28/2022)
2022-12-28Set/Reset Deadlines: Joint Status Report due by 1/30/2023. (ztg) (Entered: 12/28/2022)
2023-01-2616NOTICE OF SUBSTITUTION OF COUNSEL by Fithawi Berhane on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney Brenda Gonzalez Horowitz (Berhane, Fithawi) (Entered: 01/26/2023)
2023-01-3017Consent MOTION for Extension of Time to File Joint Status Report by FEDERAL ENERGY REGULATORY COMMISSION. (Berhane, Fithawi) (Entered: 01/30/2023)
2023-01-31MINUTE ORDER (paperless) GRANTING, nunc pro tunc , defendant's 17 Consent Motion to Extend Deadline, and DIRECTING parties to file the Joint Status Report, previously due to be filed on January 30, 2023, by January 31, 2023. Signed by Chief Judge Beryl A. Howell on January 31, 2023. (lcbah1) (Entered: 01/31/2023)
2023-01-3118Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Berhane, Fithawi) (Entered: 01/31/2023)
2023-02-01MINUTE ORDER (paperless) ISSUING, upon consideration of the parties' 18 Joint Status Report, the following SCHEDULING ORDER: (1) by March 1, 2023, defendant shall submit a Vaughn index to plaintiff; (2) by March 31, 2023, defendant shall file any motion for summary judgment; (3) by April 28, 2023, plaintiff shall file any opposition to defendant's motion; and (4) by May 26, 2023, defendant shall file any reply. Signed by Chief Judge Beryl A. Howell on February 1, 2023. (lcbah1) (Entered: 02/01/2023)
2023-02-02Set/Reset Deadlines: Vaughn Index due by 3/1/2023; summary judgment motion due by 3/31/2023; opposition to motion for summary judgment due by 4/28/2023; reply to opposition to motion for summary judgment due by 5/26/2023. (ztg) (Entered: 02/02/2023)
2023-03-3119MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Vaughn Index, # 5 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/31/2023)
2023-04-2820RESPONSE re 19 MOTION for Summary Judgment filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Statement of Facts, # 2 Affidavit)(Hardin, Matthew) (Entered: 04/28/2023)
2023-05-2521Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 05/25/2023)
2023-05-30MINUTE ORDER (paperless) GRANTING defendant's 21 Motion for Extension of Time and DIRECTING defendant to file any reply in support of its 19 Motion for Summary Judgment by June 2, 2023. Signed by Judge Beryl A. Howell on May 30, 2023. (lcbah1) (Entered: 05/30/2023)
2023-05-31Set/Reset Deadlines: Defendant's reply, if any, in support of its 19 Motion for Summary Judgment due by 6/2/2023. (ztg) (Entered: 05/31/2023)
2023-06-0222REPLY to opposition to motion re 19 MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Declaration)(Berhane, Fithawi) (Entered: 06/02/2023)
2023-06-0523ERRATA by FEDERAL ENERGY REGULATORY COMMISSION re 22 Reply to opposition to Motion. (Attachments: # 1 Exhibit Exhibit A to Second Declaration of Carolyn R. Templeton, # 2 Exhibit Exhibit B to Second Declaration of Carolyn R. Templeton)(Berhane, Fithawi) (Entered: 06/05/2023)
2024-01-0824NOTICE of Supplemental Release by FEDERAL ENERGY REGULATORY COMMISSION re 19 Motion for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berhane, Fithawi) (Entered: 01/08/2024)
2024-01-30MINUTE ORDER (paperless) upon consideration of defendant's 24 Notice of Supplemental Release, which states that only three redactions pursuant to Exemption 5 remain, "all of which appear on Former Chairman Glick's Calendar records [at] April 25 at 3:30pm, May 25 at 10:30am, and May 26 at 2:00pm," DIRECTING defendant to clarify, by February 1, 2024, whether these three remaining redactions all "reference policy proposals," and, if not, the basis of defendant's withholding pursuant to the deliberative process privilege, see 19 Gov't's Mot. for Summ. J., Decl. of Carolyn Templeton ¶ 32, ECF No. 19-3 ("[N]umerous calendar entries reference policy proposals."). Signed by Judge Beryl A. Howell on January 30, 2024. (lcbah1) (Entered: 01/30/2024)
2024-01-31Set/Reset Deadlines: Defendant Clarification due by 2/1/2024. (mac) (Entered: 01/31/2024)
2024-02-0125STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Berhane, Fithawi) (Entered: 02/01/2024)
2024-02-1226ORDER GRANTING IN PART AND DENYING IN PART defendant's 19 Motion for Summary Judgment. See Order for further details. The Clerk of the Court is directed to close this case. Signed by Judge Beryl A. Howell on February 12, 2024. (lcbah1) (Entered: 02/12/2024)
2024-02-1227MEMORANDUM OPINION regarding defendant's 19 Motion for Summary Judgment. Signed by Judge Beryl A. Howell on February 12, 2024. (lcbah1) (Entered: 02/12/2024)
2024-02-1428MOTION to Alter Judgment as to 26 Order on Motion for Summary Judgment, 27 Memorandum & Opinion , MOTION to Amend/Correct by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 02/14/2024)
2024-02-1429MOTION for Extension of Time to File Motion for Attorney's Fees by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 02/14/2024)
2024-02-14MINUTE ORDER (paperless) DIRECTING, upon consideration of defendant's 28 Motion to Amend or Alter Judgment, defendant, by February 16, 2024, to explain (1) why a (b)(6) redaction remains in Chairman Glick's calendar at 12:30 PM on May 5, 2022, see [24-2] Def.'s Notice of Supp. Release, Ex. at 3, which defendant represented was the most recent production made to plaintiff, see 24 Def.'s Notice of Supp. Release at 2, if defendant is right that it already released the name of the individual under the (b)(6) redaction, see 28 Def.'s Mot. to Amend at 2; and (2) whether Elissa Levin is the name beneath this (b)(6) redaction; and FURTHER DIRECTING that, by February 20, 2024, plaintiff may file any response to defendant's 28 Motion to Amend or Alter Judgment. Signed by Judge Beryl A. Howell on February 14, 2024. (lcbah1) (Entered: 02/14/2024)
2024-02-14Set/Reset Deadlines: Defendant Explanation due by 2/16/2024. Plaintiff Response To 28 Motion To Amend Or Alter Judgment due by 2/20/2024 (mac) (Entered: 02/14/2024)
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by FOIA Project Staff
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