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Case TitleMABEE v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03448
Date Filed2019-11-15
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffMICHAEL MABEE
Case DescriptionMichael Mabee submitted three FOIA requests to the Federal Energy Regulatory Commission for records concerning notices of penalty submitted by the North American Electric Reliability Corporation to FERC. The agency acknowledged receipt of the requests and asked Mabee to clarify portions of his requests. After hearing nothing further from the agency, Mabee filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-151COMPLAINT 19-cv-3448 against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 400 receipt number ADCDC-6566613) filed by MICHAEL MABEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 11/15/2019)
2019-11-18Case assigned to Judge Ketanji Brown Jackson. (zmc) (Entered: 11/18/2019)
2019-11-182SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) (Entered: 11/18/2019)
2019-12-033GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 12/3/2019. (jag) (Entered: 12/03/2019)
2019-12-104NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 12/10/2019)
2019-12-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/26/2019. (Attachments: # 1 Exhibit)(Sorenson, C.) (Entered: 12/18/2019)
2019-12-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/26/2019. Answer due for ALL FEDERAL DEFENDANTS by 12/26/2019. (Attachments: # 1 Exhibit)(Sorenson, C.) (Entered: 12/18/2019)
2019-12-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL ENERGY REGULATORY COMMISSION served on 11/26/2019 (Attachments: # 1 Exhibit)(Sorenson, C.) (Entered: 12/18/2019)
2019-12-248ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Seabrook, April) (Entered: 12/24/2019)
2019-12-26MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall review this Court's 3 General Order and Guidelines Applicable to FOIA Cases, and promptly confer and file a joint proposed schedule for disclosure or briefing motions for summary judgment, on or before 1/13/2020. Signed by Judge Ketanji Brown Jackson on 12/26/2019. (jag) (Entered: 12/26/2019)
2020-01-06Set/Reset Deadlines: Proposed Briefing Schedule due by 1/13/2020 (hs) (Entered: 01/06/2020)
2020-01-139Joint STATUS REPORT by MICHAEL MABEE. (Sorenson, C.) (Entered: 01/13/2020)
2020-01-28MINUTE ORDER. In light of the representations in the parties' 9 Joint Status Report, it is hereby ORDERED that: Defendant shall process a minimum of 10-15 dockets per month and shall issue a response to Plaintiff's FOIA requests on the 30th day of each month or the next business day if the 30th fallson a weekend or holiday, until production is complete. It is FURTHER ORDERED that Defendant shall file a monthly status report regardingthe processing of Plaintiff's FOIA requests on the 7th day of the month or the next business day, if the 7th day falls on a weekend or holiday, and that, beginning 3/7/2020, the parties shall meet, confer, and file a Joint Status Report every third month. Signed by Judge Ketanji Brown Jackson on 1/28/2020. (jag) (Entered: 01/28/2020)
2020-02-0710STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 02/07/2020)
2020-03-0911Joint STATUS REPORT by MICHAEL MABEE. (Sorenson, C.) (Entered: 03/09/2020)
2020-03-3012NOTICE of Appearance by Paul A. Mussenden on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Mussenden, Paul) (Entered: 03/30/2020)
2020-04-0713STATUS REPORT re March 2020 Processing and Productions by FEDERAL ENERGY REGULATORY COMMISSION. (Mussenden, Paul) (Entered: 04/07/2020)
2020-05-0714STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Mussenden, Paul) (Entered: 05/07/2020)
2020-05-11MINUTE ORDER. In light of the representations in the parties' 14 Joint Status Report, it is hereby ORDERED that, on or before 6/8/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/11/2020. (jag) (Entered: 05/11/2020)
2020-06-0815Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Mussenden, Paul) (Entered: 06/08/2020)
2020-07-03MINUTE ORDER. In the parties' most recent 15 Joint Status Report, Plaintiff requests that this Court order Defendant to take a number of actions. However, the proper means by which to request an Order of this Court is through a motion, not a statement in a status report. See Para 1(a) of Appendix to General Order and Guidelines, ECF No. 3 . Accordingly, it is hereby ORDERED that, should Plaintiff desire this Court order Defendant to take any action, it shall file a notice indicating as much, which shall contain a proposed schedule for briefing the issue. Signed by Judge Ketanji Brown Jackson on 7/3/2020. (jag) (Entered: 07/03/2020)
2020-07-0716STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Mussenden, Paul) (Entered: 07/07/2020)
2020-08-0617STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 08/06/2020)
2020-09-0818Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 09/08/2020)
2020-10-0719STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 10/07/2020)
2020-11-0920STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 11/09/2020)
2020-12-0721Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 12/07/2020)
2021-01-1222STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 01/12/2021)
2021-02-0823STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 02/08/2021)
2021-03-0824Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 03/08/2021)
2021-04-0725STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 04/07/2021)
2021-05-0726STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 05/07/2021)
2021-06-0727Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 06/07/2021)
2021-06-29Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/29/2021)
2021-07-1028STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 07/10/2021)
2021-08-0529STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Seabrook, April) (Entered: 08/05/2021)
2021-09-0730Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 09/07/2021)
2021-10-0731STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 10/07/2021)
2021-10-0732NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney April Denise Seabrook (Quinn, Thomas) (Entered: 10/07/2021)
2021-10-0833Emergency MOTION to Amend/Correct January 28, 2020 Minute Order by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Exhibit Declaration, # 2 Text of Proposed Order)(Quinn, Thomas) (Entered: 10/08/2021)
2021-10-1434RESPONSE re 33 Emergency MOTION to Amend/Correct January 28, 2020 Minute Order filed by MICHAEL MABEE. (Attachments: # 1 Declaration Mabee, # 2 Text of Proposed Order)(Sorenson, C.) (Entered: 10/14/2021)
2021-10-14Case directly reassigned to Judge Florence Y. Pan. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (ztnr) (Entered: 10/14/2021)
2021-10-1935ORDER granting 33 Motion to Amend/Correct January 28, 2020 minute order. Signed by Judge Florence Y. Pan on 10/19/2021. (lcsw) (Entered: 10/19/2021)
2021-10-19Set/Reset Deadlines/Hearings: Defendant to complete processing of remaining dockets by 1/31/2022. (zcdw) (Entered: 10/21/2021)
2021-11-0836STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 11/08/2021)
2021-12-0737Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 12/07/2021)
2021-12-09MINUTE ORDER. Upon consideration of the representation in the 37 Joint Status Report that all documents in the case are expected to be processed by January 31, 2022, the parties are directed to file another joint status report on or before February 14, 2022, proposing a schedule for the litigation of any remaining issues in the case. Signed by Judge Florence Y. Pan on 12/9/2021. (lcsw) (Entered: 12/09/2021)
2021-12-09Set/Reset Deadlines: Joint Status Report due by 2/14/2022. (zacr) (Entered: 12/10/2021)
2022-02-1438Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 02/14/2022)
2022-02-15MINUTE ORDER. Upon consideration of the parties' 38 Joint Status Report, Defendant shall file its Motion for Summary Judgment by May 2, 2022; Plaintiff shall file his Opposition and Cross Motion for Summary Judgment by June 13, 2022; Defendant shall file its Reply and Opposition by July 15, 2022; and Plaintiff shall file his Reply by August 15, 2022. Signed by Judge Florence Y. Pan on 2/15/22. (lcaa) (Entered: 02/15/2022)
2022-02-15Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 5/2/2022. Plaintiff's Response to Motion for Summary Judgment and Cross Motion for Summary Judgment due by 6/13/2022. Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion due by 7/15/2022. Plaintiff's Reply to Cross Motion due by 8/15/2022. (zacr) (Entered: 02/15/2022)
2022-04-2939Unopposed MOTION for Extension of Time to File by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Quinn, Thomas) (Entered: 04/29/2022)
2022-05-02MINUTE ORDER granting 39 Unopposed MOTION for Extension of Time. Defendant's Motion for Summary Judgment is due on May 9, 2022; Plaintiff's Opposition and Cross Motion for Summary Judgment are due on June 13, 2022; Defendant's Reply and Opposition are due on July 6, 2022; and Plaintiff's Reply is due on August 8, 2022. Signed by Judge Florence Y. Pan on 5/2/2022. (lcsw) (Entered: 05/02/2022)
2022-05-03Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 5/9/2022. Plaintiff's Response to Motion for Summary Judgment and Cross Motion for Summary Judgment due by 6/13/2022. Defendant's Reply to Motion for Summary Judgment and Response to Cross Motion due by 7/6/2022. Plaintiff's Reply to Cross Motion due by 8/8/2022. (zacr) (Entered: 05/03/2022)
2022-05-0940Unopposed MOTION for Extension of Time to File by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 05/09/2022)
2022-05-10MINUTE ORDER granting 40 Unopposed MOTION for Extension of Time. Defendant's Motion for Summary Judgment is due on May 11, 2022. Signed by Judge Florence Y. Pan on 5/10/2022. (lcsw) (Entered: 05/10/2022)
2022-05-10Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 5/11/2022. (zacr) (Entered: 05/10/2022)
2022-05-1141MOTION for Summary Judgment , Memo in Support, and Proposed Order by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Exhibit)(Quinn, Thomas) (Entered: 05/11/2022)
2022-06-1342Memorandum in opposition to re 41 MOTION for Summary Judgment , Memo in Support, and Proposed Order filed by MICHAEL MABEE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Mabee, # 3 Declaration of Cotter, # 4 Declaration of Slocum, # 5 Declaration of Vickery, # 6 Declaration of Waller, # 7 Declaration of Weiss, # 8 Statement of Facts, # 9 Memorandum in Support)(Sorenson, C.) (Entered: 06/13/2022)
2022-06-1343Cross MOTION for Summary Judgment by MICHAEL MABEE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Mabee, # 3 Declaration of Cotter, # 4 Declaration of Slocum, # 5 Declaration of Vickery, # 6 Declaration of Waller, # 7 Declaration of Weiss, # 8 Statement of Facts, # 9 Memorandum in Support)(Sorenson, C.) (Entered: 06/13/2022)
2022-07-0144MOTION to Modify Briefing Schedule by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 07/01/2022)
2022-07-07MINUTE ORDER granting 44 Unopposed MOTION to Modify Briefing Schedule. Defendant's Opposition to Plaintiff's 43 Cross-Motion and Reply in support of its 41 Motion for Summary Judgment are due on July 27; 2022; and Plaintiff's Reply in support of his 43 Cross-Motion for Summary Judgment is due on September 13, 2022. Signed by Judge Florence Y. Pan on 7/7/2022. (lcsw) (Entered: 07/07/2022)
2022-07-07Set/Reset Deadlines: Response to Cross Motions due by 7/27/2022. Reply to Cross Motions due by 9/13/2022. Reply to Motion for Summary Judgment due by 7/27/2022. (smc) (Entered: 07/07/2022)
2022-07-2745ENTERED IN ERROR.....Unopposed MOTION to Modify Briefing Schedule by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) Modified on 7/29/2022; refiled as Docket Entry 46 . (znmw). (Entered: 07/27/2022)
2022-07-2746Unopposed MOTION to Modify to Modify Briefing Schedule - CORRECTED by FEDERAL ENERGY REGULATORY COMMISSION. (Quinn, Thomas) (Entered: 07/27/2022)
2022-07-28MINUTE ORDER granting 46 Unopposed MOTION to Modify Briefing Schedule. Defendant's Reply in support of its 41 Motion for Summary Judgment is due on August 10, 2022; and Plaintiff's Reply in support of his 43 Cross-Motion for Summary Judgment is due on September 27, 2022. Signed by Judge Florence Y. Pan on 7/28/2022. (lcsw) (Entered: 07/28/2022)
2022-07-28Set/Reset Deadlines: Reply to Cross Motion due by 9/27/2022. Reply to Motion for Summary Judgment due by 8/10/2022. (smc) (Entered: 07/29/2022)
2022-08-1047Memorandum in opposition to re 43 Motion for Summary Judgment, filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Exhibit)(Quinn, Thomas) Modified on 8/11/2022 to correct docket text (zjf). (Entered: 08/10/2022)
2022-08-11NOTICE OF ERROR re 47 Memorandum in Opposition; emailed to tony.quinn2@usdoj.gov, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following deficiency and file/refile document as instructed (Entered: 08/11/2022)
2022-08-1248REPLY to opposition to motion re 41 MOTION for Summary Judgment , Memo in Support, and Proposed Order (refiled as directed) filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit to Declaration)(Quinn, Thomas) (Entered: 08/12/2022)
2022-09-23Judge Florence Y. Pan has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Pan's former deputy clerk, Samantha Calloway, at 202-354-3163 or samantha_calloway@dcd.uscourts.gov. (ztnr) (Entered: 09/23/2022)
2022-09-2749REPLY to opposition to motion re 43 Cross MOTION for Summary Judgment filed by MICHAEL MABEE. (Sorenson, C.) Modified on 9/27/2022 to add docket link(zjm). (Entered: 09/27/2022)
2023-02-24Case directly reassigned to District Judge Ana C. Reyes. Circuit Judge Florence Y Pan is no longer assigned to the case. (ztnr) (Entered: 02/24/2023)
2023-04-04MINUTE ORDER: In the interest of judicial efficiency, the parties' cross-motions for summary judgment 41 43 are DENIED WITHOUT PREJUDICE. The parties are ORDERED to meet-and-confer to resolve or narrow the disputes between them. The parties must meet-and-confer in person at least once before determining that they cannot resolve their disputes. If the parties are unable to resolve their disputes, they are directed to file a status report identifying as to the meetings: (a) the individuals who participated; (b) their location; (c) their length; and (d) a summary of the efforts made by each party to narrow the disputes. The parties must also include a proposed process for the Court's review of challenged redactions in camera, as the Court may take that step. If after reviewing exempted materials in camera, the Court determines that either party was not acting in good faith during the meet-and-confer process, the Court will take appropriate action. Signed by Judge Ana C. Reyes on 4/4/23. (lcas) (Entered: 04/04/2023)
2023-08-1150NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney T. Anthony Quinn (Venguswamy, Kartik) (Entered: 08/11/2023)
2023-12-0551Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 12/05/2023)
2023-12-06MINUTE ORDER. Upon consideration of the parties' 51 Joint Status Report, it is hereby ORDERED that, no later than December 13, 2023, the parties shall meet and confer and submit a joint status report proposing a schedule for summary judgment briefing. Unless the Court issues an order to the contrary, the parties should then file their summary judgment papers on the agreed-upon schedule. The parties should update their briefing to incorporate any relevant case law decided after the previous round of summary judgment briefing in this case, but may otherwise reuse their earlier briefs. It is further ORDERED that Defendant shall submit ten of the records at issue for in camera review. The records shall be selected in cooperation with Plaintiff using the process described in paragraph 10 of the 51 Joint Status Report. Signed by Judge Ana C. Reyes on 12/6/2023. (lcar3) (Entered: 12/06/2023)
2023-12-06Set/Reset Deadlines/Hearings: Joint Status Report due by 12/13/2023. (zcdw) (Entered: 12/06/2023)
2023-12-1352Joint STATUS REPORT and Proposed Briefing Schedule by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 12/13/2023)
2023-12-13MINUTE ORDER. Upon consideration of the parties' 52 Joint Status Report, it is hereby ORDERED that the parties shall submit ten records to the Court for in camera review on the schedule proposed in the Joint Status Report. It is further ORDERED that the parties shall submit their summary judgment briefing on the following schedule: Defendant shall file its motion for summary judgment, and any supporting exhibits on or before March 4, 2024. Plaintiff shall file his cross-motion for summary judgment, opposition to Defendant's motion, and any supporting exhibits on or before March 18, 2024. Defendant shall file its reply in support of its motion and opposition to Plaintiff's cross-motion on or before April 1, 2024. Plaintiff shall file his reply in support of his cross-motion on or before April 15, 2024. Signed by Judge Ana C. Reyes on 12/13/2023. (lcar3) Modified on 12/13/2023 to update text (zcdw). (Entered: 12/13/2023)
2023-12-13Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 3/4/2024. Response to Motion for Summary Judgment due by 3/18/2024. Reply to Motion for Summary Judgment due by 4/1/2024. Plaintiff's Cross Motion for Summary Judgment due by 3/18/2024. Response to Cross Motion for Summary Judgment due by 4/1/2024. Reply to Cross Motion for Summary Judgment due by 4/15/2024. (zcdw) (Entered: 12/13/2023)
2024-01-3153NOTICE of Submission for In Camera Review by FEDERAL ENERGY REGULATORY COMMISSION re Order,,, (Venguswamy, Kartik) (Entered: 01/31/2024)
2024-02-0154MOTION for Leave to File In Camera Declaration by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 02/01/2024)
2024-02-02MINUTE ORDER. Upon consideration of Defendant's 54 Motion for Leave to File In Camera Declaration, it is ORDERED that the Motion is DENIED WITHOUT PREJUDICE. If the Court determines, after reviewing the submitted documents and the parties' forthcoming summary judgment briefing, that it requires more context concerning the documents, it will order further briefing in which both parties are able to participate. Signed by Judge Ana C. Reyes on 2/2/2024. (lcar3) (Entered: 02/02/2024)
2024-03-0455MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit A)(Venguswamy, Kartik) (Entered: 03/04/2024)
2024-03-0556Amended MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Exhibit A)(Venguswamy, Kartik) (Entered: 03/05/2024)
2024-03-1857Memorandum in opposition to re 56 Motion for Summary Judgment filed by MICHAEL MABEE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Mabee 3d, # 3 Declaration Cotter, # 4 Declaration Slocum, # 5 Declaration Vickery, # 6 Declaration Waller, # 7 Declaration Weiss, # 8 Statement of Facts, # 9 Memorandum in Support)(Sorenson, C.) (Entered: 03/18/2024)
2024-03-1858Cross MOTION for Summary Judgment by MICHAEL MABEE. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Mabee 3d, # 3 Declaration Cotter, # 4 Declaration Slocum, # 5 Declaration Vickery, # 6 Declaration Waller, # 7 Declaration Weiss, # 8 Statement of Facts, # 9 Memorandum in Support)(Sorenson, C.) (Entered: 03/18/2024)
2024-03-2559NOTICE of Appearance by Stephen DeGenaro on behalf of FEDERAL ENERGY REGULATORY COMMISSION (DeGenaro, Stephen) (Entered: 03/25/2024)
2024-03-2560Consent MOTION for Extension of Time to File by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 03/25/2024)
2024-03-25MINUTE ORDER granting 60 Motion for Extension of Time to File. It is hereby ORDERED that Defendant shall file its reply in support of its 56 Corrected Motion for Summary Judgment and opposition to Plaintiff's 58 Cross-Motion for Summary Judgment on or before April 3, 2024. It is further ORDERED that Plaintiff shall file his reply in support of his Cross-Motion on or before April 17, 2024. Signed by Judge Ana C. Reyes on 3/25/2024. (lcar3) (Entered: 03/25/2024)
2024-03-26Set/Reset Deadlines/Hearings: Reply to 56 due by 4/3/2024. Response to 58 due by 4/3/2024. Reply to 58 due by 4/17/2024. (zcdw) (Entered: 03/26/2024)
2024-04-0361REPLY to opposition to motion re 56 Amended MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 04/03/2024)
2024-04-0362Memorandum in opposition to re 58 Motion for Summary Judgment, filed by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 04/03/2024)
2024-04-1663REPLY to opposition to motion re 58 Cross MOTION for Summary Judgment filed by MICHAEL MABEE. (Sorenson, C.) (Entered: 04/16/2024)
2024-09-19NOTICE of Hearing: Motion Hearing set for 10/24/2024 at 10:30 AM in Courtroom 12- In Person before Judge Ana C. Reyes. (zjch, ) (Entered: 09/19/2024)
2024-09-2564MOTION for Order Clarifying and Allowing Plaintiff to Appear Via Telephone or Videoconference by MICHAEL MABEE. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7(m) Certificate, # 3 Declaration Mabee 4th, # 4 Declaration Sorenson, # 5 Memorandum in Support)(Sorenson, C.) (Entered: 09/25/2024)
2024-10-07MINUTE ORDER granting in part and denying in part 64 Motion for Order Clarifying and Allowing Plaintiff to Appear Via Telephone or Videoconference. The Court informs the parties that there will not be witnesses at the hearing. The Court ORDERS the parties to appear in person for argument. Plaintiff may appear via zoom, but plaintiff's counsel must appear in person. If the parties have not yet met in person to discuss settlement, the Court ORDERS them to do so in DC prior to the hearing. Signed by Judge Ana C. Reyes on 10/7/2024. (lcacr3) (Entered: 10/07/2024)
2024-10-22NOTICE of Hearing: The Motion Hearing currently set for 10/24/2024 is VACATED and rescheduled for 11/6/2024 at 10:30 AM before Judge Ana C. Reyes. All counsel must appear in person for argument. (zjch, ) Modified on 10/23/2024 (smc). (Entered: 10/22/2024)
2024-10-23NOTICE of Hearing: Motion Hearing set for 11/6/2024 at 10:30 AM in Courtroom 12- In Person before Judge Ana C. Reyes. (zjch, ) (Entered: 10/23/2024)
2024-10-29NOTICE of Hearing: Motion Hearing set for 11/6/2024 at 12:30 PM in Courtroom 12- In Person before Judge Ana C. Reyes. (zjch, ) (Entered: 10/29/2024)
2024-11-06NOTICE of Hearing on 56 , 58 Cross Motions for Summary Judgment: Hearing set for 11/13/2024 at 2:00 PM in Courtroom 12 Judge Ana C. Reyes. (zcdw) (Entered: 11/06/2024)
2024-11-13Minute Entry for proceedings held before Judge Ana C. Reyes: Motion Hearing held on 11/13/2024 re 56 , 58 Cross Motions for Summary Judgment. Motions heard and taken under advisement. Parties directed to meet and confer within 30 days. Defendant's amended declaration due within 45 days. Joint Status Report due on or before 1/27/2025. Status Conference set for 2/4/2025 at 12:00 PM via videoconference before Judge Ana C. Reyes. (Court Reporter: Christine Asif) (zcdw) (Entered: 11/13/2024)
2024-12-2765DECLARATION (Revised) of Barry W. Kuehnle by FEDERAL ENERGY REGULATORY COMMISSION re Motion Hearing,, Set Deadlines/Hearings,. (Attachments: # 1 Exhibit A)(Venguswamy, Kartik) (Entered: 12/27/2024)
2025-01-02MINUTE ORDER. The Court has received and reviewed the 65 Declaration of Barry W. Kuehnle. The Court ORDERS the parties to meet and confer before January 14, 2025. The parties are to discuss whether any part of either Motion for Summary Judgment or any part of either opposition is withdrawn in light of the declaration. The Court ORDERS the parties to submit, via Joint Status Report, what parts of the motions, if any, are withdrawn on or before January 14, 2025. If the parties cannot reach agreement, the parties must contact the courtroom deputy to schedule a hearing for the week of January 27. Signed by Judge Ana C. Reyes on 1/2/2025. (lcacr3) (Entered: 01/02/2025)
2025-01-06Set/Reset Deadlines/Hearings: Joint Status Report due by 1/14/2025. (zcdw) (Entered: 01/06/2025)
2025-01-0966MOTION for Order Clarifying by MICHAEL MABEE. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7(m) Certificate, # 3 Declaration 2d Sorenson)(Sorenson, C.) (Entered: 01/09/2025)
2025-01-1467Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 01/14/2025)
2025-01-15MINUTE ORDER finding as moot 66 Motion for Order. Because the parties submitted 67 Joint Status Report, the Court finds 66 as moot. The Court apologizes for the confusion that the last Minute Order ordering the joint status report caused. The parties should not submit a further joint status report on January 27. However, the parties are still expected to attend the February 4 hearing. Additionally, parties should prepare in case the Court decides to move the hearing to in-person. Signed by Judge Ana C. Reyes on 1/15/2025. (lcacr3) (Entered: 01/15/2025)
2025-01-2368DECLARATION by MICHAEL MABEE re 58 Cross MOTION for Summary Judgment . (Attachments: # 1 Plaintiff's Notice of Filing, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Sorenson, C.) (Entered: 01/23/2025)
2025-01-27MINUTE ORDER. The Court has reviewed Defendant's updated declaration and Plaintiff's response. In the Court's view, there are many outstanding factual issues, including whether the release of the entity names poses a cybersecurity threat that would create a material risk to the bulk electric system. In light of that, the Court ORDERS the parties to file a joint status report on or before January 30, 2025, at 5pm. The status report should update the Court on whether the parties need more time to assess the Government's position and/or whether the parties agree that because there are material issues in dispute, the Court must deny summary judgment. Signed by Judge Ana C. Reyes on 1/27/2025. (lcacr3) (Entered: 01/27/2025)
2025-01-3069Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 01/30/2025)
2025-02-04MINUTE ORDER denying 56 Motion for Summary Judgment; denying 58 Motion for Summary Judgment. For the reasons stated on the record at today's hearing, both Motions for Summary Judgment are DENIED. The parties have 30 days to meet and confer on whether either party can refile a motion for summary judgment without any material issues in dispute. If the parties are unable to do that, the parties should contact the courtroom deputy to schedule an evidentiary hearing on the material issues in dispute. The Court ORDERS the parties to file a joint status report on or before March 6, 2025. Signed by Judge Ana C. Reyes on 2/4/2025. (lcacr3) (Entered: 02/04/2025)
2025-02-1170TRANSCRIPT OF PROCEEDINGS, before Judge Ana C. Reyes, held on 2-04-2025. Page Numbers: 1 - 15. Date of Issuance: 2-11-2025. Court Reporter: Elizabeth Davila. Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/4/2025. Redacted Transcript Deadline set for 3/14/2025. Release of Transcript Restriction set for 5/12/2025.(Davila, Elizabeth) (Entered: 02/11/2025)
2025-03-0671Joint MOTION for Extension of Time to File Status Report by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 03/06/2025)
2025-03-20MINUTE ORDER granting 71 Motion for Extension of Time to File Status Report. The Court ORDERS the parties to file a joint status report on or before April 4, 2025. Signed by Judge Ana C. Reyes on 03/20/2025. (lcacr3) (Entered: 03/20/2025)
2025-03-20Set/Reset Deadlines: Joint Status Report due by 4/4/2025. (hmc) (Entered: 03/20/2025)
2025-04-0472Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Venguswamy, Kartik) (Entered: 04/04/2025)
2025-04-08MINUTE ORDER. The Court ORDERS the parties to submit a joint status report no later on or before May 1, 2025, indicating (a) whether the parties are in agreement on the statement of material facts and proposing a briefing schedule for the renewed motions for summary judgment; or (b) whether the parties cannot reach agreement and proposing next steps. Signed by Judge Ana C. Reyes on 4/8/2025. (lcacr3) (Entered: 04/08/2025)
2025-04-11Set/Reset Deadlines/Hearings: Joint Status Report due by 5/1/2025. (zcdw) (Entered: 04/11/2025)
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