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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01026
Date Filed2023-04-13
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionInstitute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning emails of three named FERC officials over a six-month period. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

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

2023-04-131COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9995599) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons Proposed to AG, US Attorney, and Defendant, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 04/13/2023)
2023-04-13NOTICE OF ERROR re 1 Complaint; emailed to MatthewDHardin@gmail.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) (Entered: 04/13/2023)
2023-04-132ERRATA by INSTITUTE FOR ENERGY RESEARCH re 1 Complaint,. (Hardin, Matthew) (Entered: 04/13/2023)
2023-04-14Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 04/14/2023)
2023-04-143SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 04/14/2023)
2023-04-164NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 04/16/2023)
2023-05-165NOTICE of Appearance by Thomas Duffey on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Duffey, Thomas) (Entered: 05/16/2023)
2023-05-166MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 05/16/2023)
2023-05-267RESPONSE re 6 MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 05/26/2023)
2023-06-168ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Duffey, Thomas) (Entered: 06/16/2023)
2023-06-20MINUTE ORDER: Defendant's 6 Motion for Extension of Time is hereby GRANTED. Signed by Judge Tanya S. Chutkan on 6/20/2023. (lcja) (Entered: 06/20/2023)
2023-06-20MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than August 4, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/20/2023. (lcja) (Entered: 06/20/2023)
2023-08-049Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 08/04/2023)
2023-08-07MINUTE ORDER: Upon consideration of the parties' 9 joint status report it appears that both parties have failed to comply with the court's June 20, 2023 Minute Order. The latest status report does not elucidate the "anticipated number of documents," the "anticipated release dates" for those documents, whether a "motion for an Open America stay is likely," "whether a Vaughn index will be required" or whether "either party anticipates filing a dispositive motion." Minute Order, 06/20/2023. No later than August 14, 2023, the parties shall file a joint status report in compliance with the court's previous order. Signed by Judge Tanya S. Chutkan on 8/7/2023. (lcb) (Entered: 08/07/2023)
2023-08-07Set/Reset Deadline: Joint Status Report due by 8/14/2023. (jth) (Entered: 08/07/2023)
2023-08-1310MOTION for Leave to File First Amended Complaint by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Proposed First Amended Complaint)(Hardin, Matthew) (Entered: 08/13/2023)
2023-08-1411Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 08/14/2023)
2023-09-0112MOTION FOR IMPOSITION OF A CASE MANAGEMENT SCHEDULE by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 09/01/2023)
2023-09-05MINUTE ORDER: Plaintiff's 10 Motion for Leave to file First Amended Complaint is hereby GRANTED. On August 13, 2023, Plaintiff sought leave to file its first amended complaint, and more than 14 days later, Defendant has not responded to the motion. The court treats the motion as conceded, see Local Civ. R. 7(b), and Plaintiff shall docket its proposed first amended complaint, ECF No. 10-1, as a separate docket entry. Signed by Judge Tanya S. Chutkan on 9/5/2023. (lcb) (Entered: 09/05/2023)
2023-09-0513AMENDED COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION filed by INSTITUTE FOR ENERGY RESEARCH.(Hardin, Matthew) (Entered: 09/05/2023)
2023-09-11MINUTE ORDER: Plaintiff's 12 Motion for Imposition of a Case Management Schedule is hereby DENIED without prejudice. Given that Plaintiff has filed an Amended Complaint and Defendant has not yet responded, Plaintiff's request for a production schedule is premature. Signed by Judge Tanya S. Chutkan on 9/11/2023. (lcb) (Entered: 09/11/2023)
2023-09-1914ANSWER to 13 Amended Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Duffey, Thomas) (Entered: 09/19/2023)
2023-09-20MINUTE ORDER: Before the Court in this FOIA case are an Amended Complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than November 3, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 9/20/2023. (lcb) (Entered: 09/20/2023)
2023-09-20Set/Reset Deadlines: Joint Status Report due by 11/3/2023. (zed) (Entered: 09/21/2023)
2023-11-0315Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 11/03/2023)
2023-11-03MINUTE ORDER: Upon consideration of 15 Joint Status Report, the parties are hereby directed to file a proposed order by 11/10/23 in compliance with the court's Minute Order 09/20/23, which provided that "[t]he joint status report shall be accompanied by a proposed order." Signed by Judge Tanya S. Chutkan on 11/03/23. (lce) (Entered: 11/03/2023)
2023-11-1016NOTICE of Proposed Order by FEDERAL ENERGY REGULATORY COMMISSION re 15 Status Report (Duffey, Thomas) (Entered: 11/10/2023)
2023-11-13MINUTE ORDER: Upon consideration of the parties 15 Joint Status Report and 16 Proposed Order, the parties are hereby ORDERED to file another joint status report by January 3, 2024, to update the court on the status of Defendant's production. The status report shall be accompanied by a proposed order. This minute order shall not prejudice the right of either party to file an appropriate motion in the interim. Signed by Judge Tanya S. Chutkan on 11/13/23. (lce) (Entered: 11/13/2023)
2023-11-2017Second MOTION for Scheduling Order by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 11/20/2023)
2023-11-3018MOTION for Extension of Time to File Response/Reply as to 17 Second MOTION for Scheduling Order with proposed order by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 11/30/2023)
2023-12-01MINUTE ORDER: GRANTING 18 Motion for Extension of Time. Defendant's response to 17 Second Motion for Scheduling Order is due by 12/18/23. Signed by Judge Tanya S. Chutkan on 12/01/23. (lce) (Entered: 12/01/2023)
2023-12-1819Memorandum in opposition to re 17 Motion for Scheduling Order filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Declaration)(Duffey, Thomas) (Entered: 12/18/2023)
2023-12-2620REPLY to opposition to motion re 17 Second MOTION for Scheduling Order filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 12/26/2023)
2024-01-02MINUTE ORDER: The parties' January 3, 2024, deadline to file a joint status report is hereby CONTINUED. The parties shall file a joint status report by January 12, 2024, to update the court on the status of Defendant's production. The status report shall also include three dates and times the parties would be available for a status conference. Please note the court is unavailable from January 15-19, 2024. The status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/2/24. (lce) (Entered: 01/02/2024)
2024-01-1221Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER: Upon consideration of 21 Joint Status Report, the parties shall appear for a status conference on February 1, 2024, at 2:00 p.m. via Teleconference. The parties shall meet and confer before the status conference and file a joint status report by January 29, 2024, apprising the court of any updates following Plaintiff's review of Defendant's list and proposal. Signed by Judge Tanya S. Chutkan on 1/16/24. (lce) (Entered: 01/16/2024)
2024-01-2922Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 01/29/2024)
2024-01-31MINUTE ORDER: The status conference set for February 1, 2024, is hereby CONTINUED. The parties shall confer and submit a joint status report on or before February 9, 2024, proposing three dates/times the parties are available for a rescheduled status conference. Signed by Judge Tanya S. Chutkan on 1/31/24. (lce) (Entered: 01/31/2024)
2024-02-0923Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Duffey, Thomas) (Entered: 02/09/2024)
2024-02-12MINUTE ORDER: A status conference is hereby scheduled for February 27, 2024, at 2:00 p.m. via Teleconference. Signed by Judge Tanya S. Chutkan on 2/12/24. (lce) (Entered: 02/12/2024)
2024-02-27Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held Via Video (ZOOM) on 2/27/2024. (Court Reporter TAMMY NESTOR.) (mac) (Entered: 02/27/2024)
2024-02-27MINUTE ORDER: DENYING 17 Plaintiff's Renewed Motion for Imposition of a Case Management Schedule for the reasons explained at the conference on February 27, 2024. The parties shall continue to confer and file a joint status report on or before March 28, 2024, and every 30 days thereafter, updating the court regarding the status of production and negotiations narrowing the scope of the FOIA request. To the extent that the parties request a change in the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 2/27/24. (lce) (Entered: 02/27/2024)
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