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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00488
Date Filed2023-02-23
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IEA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Defendant2255
FEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-231COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9878192) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons Proposed to AG, US Attorney, and Defendant, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 02/23/2023)
2023-02-232NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 02/23/2023)
2023-02-24Case Assigned to Judge Jia M. Cobb. (zrtw) (Entered: 02/24/2023)
2023-02-243SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 02/24/2023)
2023-03-164ENTERED IN ERROR.....NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) Modified on 3/21/2023; duplicate of Docket Entry 5 . (znmw). (Entered: 03/16/2023)
2023-03-165NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 03/16/2023)
2023-03-286MOTION for Extension of Time to File by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/28/2023)
2023-03-30MINUTE ORDER re 6 Motion for Extension of Time: Having considered the motion and for good cause shown, the Court GRANTS the motion. Defendant is ORDERED to respond to the Complaint by May 1, 2023. The Court recognizes that Plaintiff has only consented to an extension until April 20, 2023. However, the Court finds that the good cause standard is satisfied for the entirety of the requested extension, particularly given that it is not significantly longer than that to which Plaintiff agreed. Signed by Judge Jia M. Cobb on March 30, 2023. (lcjmc3) (Entered: 03/30/2023)
2023-05-017ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Peterson, Benton) (Entered: 05/01/2023)
2023-05-028ORDER. The Court ORDERS the Parties to confer and submit by not later than June 2, 2023, a proposed schedule for the processing and release of responsive records and/or a briefing schedule for the filing of dispositive motions to resolve this matter. In the event the parties cannot agree, separate proposals shall be filed by that date. See document for details. Signed by Judge Jia M. Cobb on May 2, 2023. (lcjmc3) (Entered: 05/02/2023)
2023-06-029Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 06/02/2023)
2023-06-0510SCHEDULING ORDER. The Court ORDERS the Parties to file a joint status report on July 12, 2023, and every 90 days thereafter until further order of the Court. See document for details and more information on case procedures. Signed by Judge Jia M. Cobb on June 5, 2023. (lcjmc3) (Entered: 06/05/2023)
2023-07-1211Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Peterson, Benton) (Entered: 07/12/2023)
2023-07-13MINUTE ORDER re 11 Joint Status Report: The Court has reviewed the Joint Status Report. In the report, the agency represents that it has, in the brief period since the last Joint Status Report was filed, identified between 8,000 and 12,000 pages of records that are potentially responsive to Plaintiff's request. However, the agency provides no timetable for the processing of those records. As such, the Parties are ORDERED to confer and submit, by August 10, 2023, a Joint Status Report including a proposed schedule for the identification, processing, and release of all responsive records in this case. If the Parties are unable to agree on a schedule, the report should include a brief description of each Party's proposed timetable. In the meantime, the Parties should continue to confer in good faith to facilitate the expeditious release of the records that have been identified so far. Signed by Judge Jia M. Cobb on July 13, 2023. (lcjmc3) (Entered: 07/13/2023)
2023-08-1012Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Peterson, Benton) (Entered: 08/10/2023)
2023-09-0813WITHDRAWN PURSUANT TO NOTICE FILED 10/3/2023..... MOTION for Discovery by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Initial Determination Letter), # 3 Exhibit C (Second Determination Letter), # 4 Exhibit D (Letter from Congress))(Hardin, Matthew) Modified on 10/3/2023 (znmw). (Entered: 09/08/2023)
2023-09-12MINUTE ORDER: regarding the Motion for Discovery filed by the Institute for Energy Research 13 , the Court requests that Defendant advise if the Motion is opposed. If Defendant opposes the Motion, it should inform the Court of the basis for the opposition by September 22, 2023. Signed by Judge Jia M. Cobb on September 12, 2023. (lcjmc3) (Entered: 09/12/2023)
2023-09-2014MOTION for Extension of Time to File by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/20/2023)
2023-09-20MINUTE ORDER granting 14 Motion for Extension of Time to Respond: upon consideration of Defendant's Motion for Extension of Time and finding good cause, the Motion is GRANTED. Defendant is ORDERED to respond to Plaintiff's Motion for Discovery 13 by October 2, 2023. Signed by Judge Jia M. Cobb on September 20, 2023. (lcjmc3) (Entered: 09/20/2023)
2023-10-0215MOTION for Extension of Time to File by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/02/2023)
2023-10-0316NOTICE OF WITHDRAWAL OF MOTION by INSTITUTE FOR ENERGY RESEARCH re 13 MOTION for Discovery (Hardin, Matthew) (Entered: 10/03/2023)
2023-10-03MINUTE ORDER finding as moot 15 Motion for Extension of Time to File: In light of the Plaintiff's Withdrawal of Motion 16 , the Court finds this Motion for Extension to be moot. Signed by Judge Jia M. Cobb on October 3, 2023. (lcjmc3) (Entered: 10/03/2023)
2023-12-01MINUTE ORDER: Pursuant to the Scheduling Order 10 , the Court ordered the Parties to submit a joint status report every 90 days apprising the Court of the status of Defendant's responses to Plaintiff's FOIA request. The Court last received such a report on August 8, 2023. The Court therefore ORDERS the Parties to file a Joint Status Report by December 8, 2023. Signed by Judge Jia M. Cobb on December 1, 2023. (lcjmc3) (Entered: 12/01/2023)
2023-12-0717Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Peterson, Benton) (Entered: 12/07/2023)
2023-12-11MINUTE ORDER: The Court has reviewed the Parties' Status Report 17 and directs the Parties to confer and file another joint status report by January 12, 2024. Signed by Judge Jia M. Cobb on December 11, 2023. (lcjmc3) (Entered: 12/11/2023)
2024-01-1218Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER: Upon consideration of the Parties' Joint Status Report 18 , the Court ORDERS Defendant to complete its reconsideration and provide a Vaughn index justifying its withholdings to Plaintiff by February 16, 2024. Additionally, the Parties SHALL submit a joint status report by February 23, 2024, with a proposed schedule for further proceedings. Signed by Judge Jia M. Cobb on January 16, 2024. (lcjmc3) (Entered: 01/16/2024)
2024-02-2319Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 02/23/2024)
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