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Case TitleTexas Public Policy Foundation v. United States Department of State
DistrictWestern District of Texas
CityAustin
Case Number1:2022cv01208
Date Filed2022-11-16
Date Closed2024-01-23
JudgeJudge David A. Ezra
PlaintiffTexas Public Policy Foundation
Case DescriptionTexas Public Policy Foundation submitted a FOIOA request to the Department of State for records concerning the agency's efforts to support the 2030 Nationally Determined Contribution emissions standard. The agency acknowledged receipt of the request and told TPPF that it would not be able to meet the 20-day time limit for responding. After hearing nothing further from the agency, TPPF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of State
AppealFifth Circuit 24-50189
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-161COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16761582). No Summons requested at this time, filed by Texas Public Policy Foundation. (Attachments: # 1 Civil Cover Sheet)(Disher, Todd) (Entered: 11/16/2022)
2022-11-16Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cr5) (Entered: 11/16/2022)
2022-11-16If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (cr5) (Entered: 11/16/2022)
2022-11-162Pro Hac Vice Letter to Alexis Swartz, Texas Public Policy Foundation. (cr5) (Entered: 11/16/2022)
2022-11-163Pro Hac Vice Letter to Michael B. Schon, Texas Public Policy Foundation. (cr5) (Entered: 11/16/2022)
2022-11-214MOTION to Appear Pro Hac Vice by Todd Lawrence Disher ( Filing fee $ 100 receipt number ATXWDC-16775865) by on behalf of Texas Public Policy Foundation. (Attachments: # 1 Proposed Order)(Disher, Todd) (Entered: 11/21/2022)
2022-11-215NOTICE of Attorney Appearance by Alexis Swartz on behalf of Texas Public Policy Foundation. Attorney Alexis Swartz added to party Texas Public Policy Foundation(pty:pla) (Swartz, Alexis) (Entered: 11/21/2022)
2022-11-216REQUEST FOR ISSUANCE OF SUMMONS by Texas Public Policy Foundation. (Swartz, Alexis) (Entered: 11/21/2022)
2022-11-217Summons Issued as to United States Department of State. (pg) (Entered: 11/21/2022)
2022-11-288ORDER GRANTING 4 Motion to Appear Pro Hac Vice as to MICHAEL B. SCHON. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Lee Yeakel. (cc3) (Entered: 11/28/2022)
2022-12-079SUMMONS Returned Executed by Texas Public Policy Foundation. United States Department of State served on 11/28/2022, answer due 1/27/2023. (Swartz, Alexis) (Entered: 12/07/2022)
2022-12-2810ANSWER to 1 Complaint . Attorney David B. Goode added to party United States Department of State(pty:dft) by United States Department of State. (Attachments: # 1 Exhibit, # 2 Exhibit)(Goode, David) (Entered: 12/28/2022)
2023-02-2711STATUS REPORT Joint Status Report and Agreed Proposed Scheduling Order by Texas Public Policy Foundation. (Attachments: # 1 Proposed Order)(Swartz, Alexis) (Entered: 02/27/2023)
2023-03-0112AGREED SCHEDULING ORDER. Signed by Judge Lee Yeakel. (pg) (Entered: 03/01/2023)
2023-04-2013NOTICE of Attorney Appearance by Liane Ngin Noble-AUSA on behalf of United States Department of State. Attorney Liane Ngin Noble-AUSA added to party United States Department of State(pty:dft) (Noble-AUSA, Liane) (Entered: 04/20/2023)
2023-04-2414ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Lee Yeakel no longer assigned to case. Signed by Judge Lee Yeakel. (pg) (Entered: 04/25/2023)
2023-05-0515Joint MOTION for Entry of Scheduling Order Deadlines (AMENDED) and Joint Status Report by United States Department of State. (Attachments: # 1 Proposed Order)(Noble-AUSA, Liane) (Entered: 05/05/2023)
2023-05-0816AGREED AMENDED SCHEDULING ORDER. Signed by Judge David A. Ezra. (pg) (Entered: 05/08/2023)
2023-08-3017MOTION for Summary Judgment by Texas Public Policy Foundation. (Attachments: # 1 Exhibit In Support of Plaintiff's Motion for Summary Judgment)(Disher, Todd) (Entered: 08/30/2023)
2023-09-1318Unopposed MOTION for Leave to File Combined Response to Motion for Summary Judgment/Cross Motion for Summary Judgment by United States Department of State. (Attachments: # 1 Proposed Order Granting Leave to File Combined Response to MSJ/Cross-MSJ, # 2 Brief Proposed Response to MSJ/Cross-MSJ, # 3 Exhibit A - Weetman Declaration, # 4 Exhibit A1 - Vaughn Index, # 5 Exhibit A2 - Initial FOIA Request, # 6 Exhibit A3 - DOS Acknowledgment, # 7 Exhibit A4 - Production, # 8 Exhibit A5 - Production, # 9 Exhibit A6 - Production, # 10 Exhibit A7 - Production)(Noble-AUSA, Liane) (Entered: 09/13/2023)
2023-09-13Text Order GRANTING 18 Motion for Leave to File entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc) (Entered: 09/13/2023)
2023-09-1319DEFENDANT'S COMBINED RESPONSE to 17 MOTION for Summary Judgment filed by Plaintiff Texas Public Policy Foundation; AND CROSS MOTION FOR SUMMARY JUDGMENT. (Attachments: # 1 Exhibits)(pg) (Entered: 09/15/2023)
2023-09-1820Unopposed MOTION for Extension of Time to File Response/Reply , Unopposed MOTION for Leave to File combined response to Defendants cross-motion for summary judgment and reply in support of Plaintiffs motion for summary judgment by Texas Public Policy Foundation. (Attachments: # 1 Proposed Order)(Swartz, Alexis) (Entered: 09/18/2023)
2023-09-19Text Order GRANTING 20 Motion for Extension of Time to File Response/Reply re 20 Unopposed MOTION for Extension of Time to File Response/Reply Unopposed MOTION for Leave to File combined response to Defendants cross-motion for summary judgment and reply in support of Plaintiffs motion for summary judgment ; GRANTING 20 Motion for Leave to File. Plaintiffs combined Response and Reply is due September27, 2023. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lc) (Entered: 09/19/2023)
2023-09-2721REPLY to Response to Motion, filed by Texas Public Policy Foundation, re 20 Unopposed MOTION for Extension of Time to File Response/Reply Unopposed MOTION for Leave to File combined response to Defendants cross-motion for summary judgment and reply in support of Plaintiffs motion for summary judgment filed by Plaintiff Texas Public Policy Foundation (Disher, Todd) (Entered: 09/27/2023)
2023-10-0422REPLY to Response to Motion, filed by United States Department of State, re 18 Unopposed MOTION for Leave to File Combined Response to Motion for Summary Judgment/Cross Motion for Summary Judgment filed by Defendant United States Department of State (Noble-AUSA, Liane) (Entered: 10/04/2023)
2024-01-2323ORDER, the Court DENIES Plaintiff Texas Public Policy Foundation's Motion for Summary Judgment (Dkt. # 17 ) and GRANTS Defendant United States Department of State's Cross-Motion for Summary Judgment (Dkt. # 19 ). Signed by Judge David A. Ezra. (pg) (Entered: 01/23/2024)
2024-01-2324JUDGMENT in favor of United States Department of State. Signed by Judge David A. Ezra. (pg) (Entered: 01/23/2024)
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