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Case TitleA Better Way for BPA vs. United States Department of Energy Bonneville Power Administration
DistrictWestern District of Washington
CityTacoma
Case Number3:2015cv05896
Date Filed2015-12-09
Date Closed2018-09-27
JudgeJudge Ronald B. Leighton
PlaintiffA Better Way for BPA
Case DescriptionA Better Way for BPA submitted a FOIA request to the Department of Energy's Bonneville Power Administration for records concerning its plans to build a transmission line from Castle Rock, Washington, to Troutdale, Oregon. The agency acknowledged receipt of the request, but after the agency failed to respond within ten months, the organization filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Energy Bonneville Power Administration
DefendantBonneville Power Administration
AppealNinth Circuit 16-35414
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-091COMPLAINT against defendant(s) A Better Way for BPA (Receipt # 0981-4261128), filed by A Better Way for BPA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Bricklin, David) (Entered: 12/09/2015)
2015-12-10Judge Ronald B. Leighton added. (MET) (Entered: 12/10/2015)
2015-12-10NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) must file a Corporate Disclosure Statement by 12/17/2015. (MET) (Entered: 12/10/2015)
2015-12-102ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Ronald B. Leighton. (DN) (Entered: 12/10/2015)
2015-12-103ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 3/9/2016, FRCP 26f Conference Deadline is 2/24/2016, Initial Disclosure Deadline is 3/2/2016, by Judge Ronald B. Leighton. (DN) (Entered: 12/10/2015)
2015-12-104Summons Issued as to defendant(s) United States Department of Energy Bonneville Power Administration. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(MET) (Entered: 12/10/2015)
2015-12-105CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by A Better Way for BPA (Brooks, Jacob) (Entered: 12/10/2015)
2016-01-196NOTICE of Appearance by attorney Peter Angus Winn on behalf of Defendant United States Department of Energy Bonneville Power Administration. (Winn, Peter) (Entered: 01/19/2016)
2016-01-197MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Defendant United States Department of Energy Bonneville Power Administration. (Attachments: # 1 Proposed Order) Noting Date 2/12/2016, (Winn, Peter) (Entered: 01/19/2016)
2016-01-198DECLARATION of Sarah Westenberg filed by Defendant United States Department of Energy Bonneville Power Administration re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Winn, Peter) (Entered: 01/19/2016)
2016-02-089STIPULATION AND PROPOSED ORDER Re-Noting Motion to Dismiss by parties re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Bricklin, David) (Entered: 02/08/2016)
2016-02-0810ORDER on STIPULATION 9 re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction : Noting Date is reset to 2/19/2016; signed by Judge Ronald B. Leighton. (DN) (Entered: 02/08/2016)
2016-02-1111RESPONSE, by Plaintiff A Better Way for BPA, to 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction . (Bricklin, David) (Entered: 02/11/2016)
2016-02-1112DECLARATION of Cheryl Brantley filed by Plaintiff A Better Way for BPA re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Bricklin, David) (Entered: 02/11/2016)
2016-02-1113DECLARATION of Jacob Brooks filed by Plaintiff A Better Way for BPA re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bricklin, David) (Entered: 02/11/2016)
2016-02-1914REPLY, filed by Defendant United States Department of Energy Bonneville Power Administration, TO RESPONSE to 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Winn, Peter) (Entered: 02/19/2016)
2016-02-1915DECLARATION of Christopher Frost filed by Defendant United States Department of Energy Bonneville Power Administration re 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Winn, Peter) (Entered: 02/19/2016)
2016-02-1916PRAECIPE to attach document re 14 Reply to Response to Motion by Defendant United States Department of Energy Bonneville Power Administration (Attachments: # 1 Corrected Reply Brief)(Winn, Peter) (Entered: 02/19/2016)
2016-02-2317STIPULATION AND PROPOSED ORDER Vacating Order on Initial Disclosures by parties (Bricklin, David) (Entered: 02/23/2016)
2016-02-2318ORDER on STIPULATION 17 Vacating Initial Scheduling Order 3 ; signed by Judge Ronald B. Leighton. (DN) (Entered: 02/23/2016)
2016-03-2119ORDER granting 7 Defendant's Motion to Dismiss; Plaintiff's claims are DISMISSED with prejudice; signed by Judge Ronald B. Leighton.(DN) (Entered: 03/21/2016)
2016-03-2420JUDGMENT BY COURT (JAB) (Entered: 03/24/2016)
2016-04-2121NOTICE of Change of Address/Change of Name of Attorney David A Bricklin. Filed by Plaintiff A Better Way for BPA. (Bricklin, David) Modified Firm Address on 5/2/2016 (DS). (Entered: 04/21/2016)
2016-05-1722NOTICE OF APPEAL to Ninth Circuit (16-35414) re 19 Order on Motion to Dismiss, 20 Judgment by Court by Plaintiff A Better Way for BPA. Filing Fee $505, Receipt number 0981-4452805. (Brooks, Jacob) Modified on 5/18/2016 to add CCA number (CMG). (Entered: 05/17/2016)
2016-05-1723REPRESENTATION STATEMENT, by Plaintiff A Better Way for BPA, (re: 22 Notice of Appeal.) (Brooks, Jacob) (Entered: 05/17/2016)
2016-05-1724APPLICATION for Admission Ninth Circuit by Plaintiff A Better Way for BPA (Brooks, Jacob) Modified on 5/17/2016: entry stricken, document sealed - document actually the application for admission to the Ninth Circuit (CMG). (Entered: 05/17/2016)
2016-05-17NOTICE of Docket Text Modification re 24 Application: entry stricken and document sealed, as document is actually the application for admission to the Ninth Circuit. (CMG) (Entered: 05/17/2016)
2016-05-1825TIME SCHEDULE ORDER (16-35414) as to 22 Notice of Appeal filed by A Better Way for BPA. (CMG) (Entered: 05/18/2016)
2016-05-18USCA Case Number 16-35414 as to the 22 Notice of Appeal, filed by A Better Way for BPA. (GMR) (Entered: 06/20/2017)
2016-05-3126TRANSCRIPT REQUEST by Plaintiff A Better Way for BPA for proceedings held on Requesting Attorney: Jacob Brooks. (Brooks, Jacob) (Entered: 05/31/2016)
2018-05-2527OPINION-Not the Mandate (16-35414) as to the 22 Notice of Appeal filed by A Better Way for BPA. The district court's dismissal for lack of standing is REVERSED . (CMG) (Entered: 05/25/2018)
2018-07-1728MANDATE OF USCA (16-35414) as to the 22 Notice of Appeal filed by A Better Way for BPA. The 27 judgment of this Court, entered May 25, 2018, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellee in the amount of $72.90. REVERSED (GMR) (Entered: 07/17/2018)
2018-09-2629STIPULATION for Dismissal with Prejudice by parties (Kipnis, Brian) (Entered: 09/26/2018)
2018-09-2730MINUTE ORDER re 29 DISMISSING this matter with prejudice, as authorized by Judge Ronald B. Leighton. (DN) (Entered: 09/27/2018)
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by FOIA Project Staff
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