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Case TitleAdvocates for the West v. Bonneville Power Administration
DistrictDistrict of Oregon
CityPortland
Case Number3:2022cv01944
Date Filed2022-12-15
Date Closed2023-09-29
JudgeJudge Marco A. Hernandez
PlaintiffAdvocates for the West
Case DescriptionAdvocates for the West submitted a FOIA request to the Bonneville Power Administration for records concerning BPA's relationship with Kintama Research Services. The agency acknowledged receipt of the request. The agency disclosed more than 7,000 pages but withheld 1,172 pages under Exemption 5 (privileges). Advocates for the West filed an administrative appeal. BPA denied the appeal. Advocates of the West then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantBonneville Power Administration
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-151Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8758153 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Advocates for the West against Bonneville Power Administration (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit Acknowledgment Letter, # 3 Exhibit Third Partial Release Letter, # 4 Exhibit Email re Third Partial Release, # 5 Exhibit Response to Email, # 6 Exhibit Fourth Partial Release Letter, # 7 Civil Cover Sheet, # 8 Proposed Summons). (Missel, Andrew) (Entered: 12/15/2022)
2022-12-152Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 4/14/2023. Joint Alternate Dispute Resolution Report is due by 5/15/2023. Pretrial Order is due by 5/15/2023. Ordered by Judge Marco A. Hernandez. (dino) (Entered: 12/15/2022)
2022-12-153Corporate Disclosure Statement . Filed by Advocates for the West. (Missel, Andrew) (Entered: 12/15/2022)
2022-12-154Amended Proposed Summons Filed by Advocates for the West. (Missel, Andrew) (Entered: 12/15/2022)
2022-12-155Summons Issued Electronically as to Bonneville Power Administration. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dino) (Entered: 12/15/2022)
2023-01-036Affidavit of Service upon Bonneville Power Administration served on 12/21/2022 (Attachments: # 1 Exhibit Affidavit of Service and Mail Receipts) Filed by Advocates for the West. (Missel, Andrew) (Entered: 01/03/2023)
2023-01-107Unopposed Motion for Extension of Time to Answer . Filed by Bonneville Power Administration. (Coit, John) (Entered: 01/10/2023)
2023-01-118ORDER: Granting Motion for Extension of Time to Answer 7 . Answer is due by 2/17/2023. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/11/2023)
2023-02-139Notice of Attorney Substitution: Patrick J. Conti is substituted as counsel of record in place of Attorney John Coit . Filed by on behalf of Bonneville Power Administration. (Conti, Patrick) (Entered: 02/13/2023)
2023-02-1710Answer to 1 Complaint,, . Filed by Bonneville Power Administration. (Conti, Patrick) (Entered: 02/17/2023)
2023-03-1011Scheduling Order. A Rule 16 Telephone Conference is set for 3/15/2023 at 01:30PM before Judge Marco A. Hernandez. Counsel are required to confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. The Court directs the parties to submit a jointly proposed schedule to the courtroom deputy by email no later than two business days before the hearing (keeping in mind that Judge Hernandez expects civil cases to be tried within 18 months of the date of filing). The parties shall call into the Court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 03/10/2023)
2023-03-1512MINUTES of Proceedings: Rule 16 Telephone Conference. The Court set the following case schedule: Add Parties/Amend Complaint by 4/14/2023. Defendant's Motion for Summary Judgment (MSJ:) is due by 6/30/2023. Plaintiff's MSJ and Response to Defendant's MSJ is due by 7/28/2023. Defendant's Response to Plaintiff's MSJ and Reply to its MSJ is due by 8/25/2023. Plaintiff's Reply to its MSJ is due by 9/15/2023. Oral Argument is set for 11/27/2023 at 01:30PM in Portland Courtroom 15A before Judge Marco A. Hernandez. Andrew Missel and Lauren Rule present as counsel for plaintiff(s). Patrick Conti present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Marco A. Hernandez presiding. (jp) (Entered: 03/16/2023)
2023-04-2813Joint ADR Report . Filed by Advocates for the West.(Missel, Andrew) (Entered: 04/28/2023)
2023-06-1514Unopposed Motion for Extension of Time . Filed by Bonneville Power Administration. (Conti, Patrick) (Entered: 06/15/2023)
2023-06-2015ORDER: The Court GRANTS Defendant's Unopposed Motion to Modify Scheduling Order 14 . The new case deadlines are as follows: Defendant's Motion for Summary Judgment (MSJ) is due by 7/14/2023. Plaintiff's MSJ and Response to Defendant's MSJ are due 8/11/2023. Defendant's Response to Plaintiff's MSJ and Reply are due 9/8/2023. Plaintiff's Reply is due 9/29/2023. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 06/20/2023)
2023-07-1116Joint Motion to Vacate Scheduling Order . Filed by Bonneville Power Administration. (Conti, Patrick) (Entered: 07/11/2023)
2023-07-1417ORDER: The Court GRANTS the parties' Joint Motion to Vacate Scheduling Order 16 . The dispositive motion briefing schedule and oral argument are vacated. The parties are to submit a joint status report by October 11, 2023. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 07/14/2023)
2023-09-0518ORDER: As this case is reported settled, the parties shall submit Final Papers on or before 10/11/2023. Any pending motions are STRICKEN as moot. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/05/2023)
2023-09-2819Stipulated Notice of Voluntary Dismissal . Filed by Advocates for the West. (Missel, Andrew) (Entered: 09/28/2023)
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by FOIA Project Staff
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