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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03414
Date Filed2022-11-08
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionInstitute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning text message threads and other non-email electronic communications sent by three FERC employees over a specified of time that to or from six named officials in the White House. The agency acknowledged receipt of the request and located 90 responsive text messages, releasing 47 in full. The agency withheld 21 text messages in full and released other redactions, primarily under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). EPA filed an administrative appeal of the denial. The agency denied EPA's appeal. EPA then filed suit.
Complaint issues: Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-081COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9656666) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit 1 (referenced in paragraphs 23-24 of Complaint), # 2 Civil Cover Sheet, # 3 Summons to Agency, USAG, and USAO)(Hardin, Matthew) (Entered: 11/08/2022)
2022-11-082NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 11/08/2022)
2022-11-09Case Assigned to Judge Christopher R. Cooper. (zmrl) (Entered: 11/09/2022)
2022-11-093SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 11/09/2022)
2022-12-024NOTICE of Appearance by Thomas Anthony Quinn on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Quinn, Thomas) (Entered: 12/02/2022)
2022-12-035Consent MOTION for Extension of Time to Respond to Complaint by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 12/03/2022)
2022-12-07MINUTE ORDER granting 5 Defendant's Consent Motion for Extension of Time to Answer. Defendant shall file an answer or otherwise respond to the complaint by December 30, 2022. Signed by Judge Christopher R. Cooper on 12/07/2022. (lccrc3) (Entered: 12/07/2022)
2022-12-296ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Quinn, Thomas) (Entered: 12/29/2022)
2022-12-29MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties promptly confer and file a joint proposed schedule for briefing or disclosure by January 12, 2023. Signed by Judge Christopher R. Cooper on 12/29/2022. (lccrc3) (Entered: 12/29/2022)
2023-01-037AMENDED COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hardin, Matthew) (Entered: 01/03/2023)
2023-01-128Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 01/12/2023)
2023-01-13MINUTE ORDER: In light of the 8 Joint Status Report, the parties are hereby directed to file a further Joint Status Report on or before January 23, 2023. Signed by Judge Christopher R. Cooper on 01/13/2023. (lccrc3) (Entered: 01/13/2023)
2023-01-179ANSWER to 7 Amended Complaint, by FEDERAL ENERGY REGULATORY COMMISSION.(Quinn, Thomas) (Entered: 01/17/2023)
2023-01-2310Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 01/23/2023)
2023-01-24MINUTE ORDER: The Court hereby sets the following deadlines. Motions for Summary Judgment shall be filed on or before March 10, 2023. Oppositions to Motions for Summary Judgment shall be filed on or before April 11, 2023. Replies shall be filed on or before April 25, 2023. Signed by Judge Christopher R. Cooper on 01/24/2023. (lccrc3) (Entered: 01/24/2023)
2023-03-0911Unopposed MOTION to Modify Briefng Schedule by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 03/09/2023)
2023-03-14MINUTE ORDER granting 11 Defendant's Unopposed Motion to Modify Briefing Schedule. Defendant's Motion for Summary Judgment due by March 31, 2023; Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment due by May 2, 2023; Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Reply in Support of its Summary Judgment Motion due by May 16, 2023; and Plaintiff's Reply in support of Motion for Summary Judgment due by May 31, 2023. Signed by Judge Christopher R. Cooper on 03/14/2023. (lccrc3) (Entered: 03/14/2023)
2023-03-2912Unopposed MOTION to Modify Summary Judgement Briefing Schedule by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 03/29/2023)
2023-03-30MINUTE ORDER granting 12 Defendant's Unopposed Motion to Modify Briefing Schedule. Defendant's Motion for Summary Judgment is due by April 21, 2023; Plaintiff's Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment is due by May 26, 2023; Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Reply in Support of its Summary Judgment Motion is due by June 9, 2023; and Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is due by June 30, 2023. Signed by Judge Christopher R. Cooper on 03/30/2023. (lccrc3) (Entered: 03/30/2023)
2023-04-2113MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit)(Quinn, Thomas) (Entered: 04/21/2023)
2023-05-2614RESPONSE re 13 MOTION for Summary Judgment filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Statement of Facts)(Hardin, Matthew) (Entered: 05/26/2023)
2023-06-0815Unopposed MOTION to Modify the Briefing Schedule as to 13 MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas); Modified docketing relief 6/9/2023 (ztth). (Entered: 06/08/2023)
2023-06-09MINUTE ORDER granting 15 Defendant's Unopposed Motion to Modify Briefing Schedule. Defendant's Reply shall be filed on or before June 30, 2023. Signed by Judge Christopher R. Cooper on 06/09/2023. (lccrc3) (Entered: 06/09/2023)
2023-06-2716MOTION for Extension of Time to File Response/Reply by FEDERAL ENERGY REGULATORY COMMISSION. (Truong, John) (Entered: 06/27/2023)
2023-06-29MINUTE ORDER granting 16 Defendant's Motion for Extension of Time. Defendant shall file its reply to its Motion for Summary Judgment by July 31, 2023. Further requests for extension of this deadline may not be granted. Signed by Judge Christopher R. Cooper on 06/29/2023. (lccrc3) (Entered: 06/29/2023)
2023-07-2017NOTICE OF SUBSTITUTION OF COUNSEL by Bradley Silverman on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney Thomas Anthony Quinn (Silverman, Bradley) (Entered: 07/20/2023)
2023-07-3118REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 2d Decl., # 2 Supp. Vaughn Index)(Silverman, Bradley) (Entered: 07/31/2023)
2023-12-1619NOTICE of Supplemental Release by FEDERAL ENERGY REGULATORY COMMISSION (Attachments: # 1 Released Records)(Silverman, Bradley) (Entered: 12/16/2023)
2024-03-1320MEMORANDUM OPINION AND ORDER granting in part and denying in part 13 Defendant's Motion for Summary Judgment. The parties are directed to file a joint status report, by March 27, 2024, indicating the need for further proceedings with a proposed schedule as necessary. See full Memorandum Opinion and Order for details. Signed by Judge Christopher R. Cooper on 3/13/2024. (lccrc3) (Entered: 03/13/2024)
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