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Case TitleSIERRA CLUB v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Maine
CityPortland
Case Number2:2020cv00382
Date Filed2020-10-16
Date Closed2023-06-12
JudgeJUDGE LANCE E. WALKER
PlaintiffSIERRA CLUB
Case DescriptionThe Sierra Club submitted two FOIA requests to the Department of Energy for records concerning the application by the Central Maine Power Company to the agency for a Presidential Permit to construct and operate an electric transmission line across the United States border with Canada. The agency acknowledged receipt of the requests and told the Sierra Club that it was processing the request. After hearing nothing further from the agency, the Sierra Club filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-161COMPLAINT against UNITED STATES DEPARTMENT OF ENERGY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by SIERRA CLUB. (Service of Process Deadline 1/14/2021) Fee due by 10/19/2020.(bfa) (Entered: 10/16/2020)
2020-10-162CIVIL COVER SHEET. (bfa) (Entered: 10/16/2020)
2020-10-163Summons Issued as to UNITED STATES DEPARTMENT OF ENERGY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (bfa) (Entered: 10/16/2020)
2020-10-194CERTIFICATION for Admission Pro Hac Vice of Kevin Cassidy filed by SUSAN J. ELY on behalf of SIERRA CLUB (Total admission fee $ 100 receipt number AMEDC-2344397.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (ELY, SUSAN) (Entered: 10/19/2020)
2020-10-20Filing Fee Received from SIERRA CLUB on October 19, 2020: Amount Paid: $400. Receipt Number: AMEDC-2344373. Method of Payment: Credit Card. (tcs) (Entered: 10/20/2020)
2020-10-205NOTICE of Interested Parties by SIERRA CLUB (CASSIDY, KEVIN) (Entered: 10/20/2020)
2020-11-04Case Reassigned to JUDGE LANCE E. WALKER due to a related case. JUDGE JOHN A. WOODCOCK, JR no longer assigned to the case. (mlm) (Entered: 11/04/2020)
2020-11-086SUMMONS Return by SIERRA CLUB as to UNITED STATES DEPARTMENT OF ENERGY. (CASSIDY, KEVIN) Modified on 11/9/2020 to change text from "Affidavit of Service" to "Summons Return" and to remove the served on date as unclear when the local US Attorney's Office was served (jgd). (Entered: 11/08/2020)
2020-11-127NOTICE of Appearance by KATELYN SANER on behalf of UNITED STATES DEPARTMENT OF ENERGY (SANER, KATELYN) (Entered: 11/12/2020)
2020-11-128NOTICE of Appearance by JAMES D. CONCANNON on behalf of UNITED STATES DEPARTMENT OF ENERGY (CONCANNON, JAMES) (Entered: 11/12/2020)
2020-11-169AFFIDAVIT of Service by SIERRA CLUB. UNITED STATES DEPARTMENT OF ENERGY served on 10/27/2020. (Attachments: # 1 Exhibit A - Proof of Service and Summons, # 2 Exhibit B - Return Receipts)(CASSIDY, KEVIN) (Entered: 11/16/2020)
2020-11-16Set Answer Deadline for UNITED STATES DEPARTMENT OF ENERGY: Answer due by 11/27/2020. (mlm) (Entered: 11/17/2020)
2020-11-2410Consent MOTION to Extend Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF ENERGY Responses due by 12/15/2020. (SANER, KATELYN) (Entered: 11/24/2020)
2020-11-2411ORDER granting 10 Motion to Extend Time to File Response to Complaint. Time is extended to December 2, 2020. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 11/24/2020)
2020-11-24Reset Answer Deadline for UNITED STATES DEPARTMENT OF ENERGY: Answer due by 12/2/2020. (mlm) (Entered: 11/25/2020)
2020-12-0212ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF ENERGY.(SANER, KATELYN) (Entered: 12/02/2020)
2020-12-0313SCHEDULING ORDER: Discovery due by 4/22/2021. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 4/29/2021. Motions due by 5/13/2021. Ready for Trial on 7/12/2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (jgd) (Entered: 12/03/2020)
2020-12-2414MOTION to Amend Scheduling Order with JOINT Proposed Discovery and Motion Filing Plan by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) Modified on 12/24/2020 to clean-up docket text (jwr). (Entered: 12/24/2020)
2021-01-1415NOTICE of Hearing: Telephone Conference set for 1/25/2021 at 1:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information.(MFS) (Entered: 01/14/2021)
2021-01-2516Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Julie Edgecomb) (MFS) (Entered: 01/25/2021)
2021-01-2517ORDER granting in part 14 Motion to Amend Scheduling Order. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/25/2021)
2021-01-25Set Deadlines: Per Order #17, Plaintiff's Motion to Establish Schedule for Defendant to Produce FOIA Documents due by 2/12/2021; Defendant's Response due by 3/5/2021; and, Plaintiff's Reply due by 3/19/2021. (MFS) (Entered: 01/25/2021)
2021-02-0918Joint MOTION to Extend Time for Briefing on Schedule for Production of FOIA Records by SIERRA CLUB Responses due by 3/2/2021. (CASSIDY, KEVIN) (Entered: 02/09/2021)
2021-02-1019ORDER granting 18 Motion to Extend Time to File Motion. The deadlines set forth in the Court's January 25, 2021, Order are amended as follows: Deadline for Plaintiff to file the motion is extended to February 19, 2021; deadline for Defendant to file a response to the motion is extended to March 12, 2021; deadline for Plaintiff to file a reply in support of the motion is extended to March 26, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 02/10/2021)
2021-02-10Reset Deadlines Per Order #19: Plaintiff's Motion to Establish Schedule for Defendant to Produce FOIA Documents due by 2/19/2021; Defendant's Response due by 3/12/2021; and, Plaintiff's Reply due by 3/26/2021 (mlm) (Entered: 02/10/2021)
2021-02-1820Joint MOTION to Extend Time of Briefing Deadlines by UNITED STATES DEPARTMENT OF ENERGY Responses due by 3/11/2021. (SANER, KATELYN) (Entered: 02/18/2021)
2021-02-1921ORDER granting 20 Motion to Extend Time of Briefing Deadlines. The deadlines set forth in the Court's January 25, 2021, Order, as amended, are amended as follows: Deadline for Plaintiff to file the motion is extended to February 26, 2021; deadline for Defendant to file a response to the motion is extended to March 19, 2021; deadline for Plaintiff to file a reply in support of the motion is extended to April 2, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 02/19/2021)
2021-02-19Reset Deadlines per ECF Order #21: Plaintiff's Motion to Establish Schedule for Defendant to Produce FOIA Documents due by 2/26/2021. Defendant's Response due by 3/19/2021. Plaintiff's Reply due by 4/2/2021. (meh) (Entered: 02/19/2021)
2021-02-2522STIPULATION and Joint Motion for Entry of Agreed Order Setting Production Schedule by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit A: 2/10/2021 Interim Response)(SANER, KATELYN) (Entered: 02/25/2021)
2021-02-2623ORDER granting 22 Motion for Order Setting Production Schedule. The Court vacates the current motion briefing deadlines and scheduling order deadlines. The Court adopts the parties' stipulation and orders that the production of documents in response to Plaintiff's FOIA requests shall be governed by the stipulation. The parties shall file their first status report on or about June 1, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 02/26/2021)
2021-02-26Reset Deadlines per ECF Order #23: Status Report due by 6/1/2021. (meh) (Entered: 02/26/2021)
2021-06-0124STATUS REPORT Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 06/01/2021)
2021-06-1125NOTICE of Appearance by CATHERINE JOHNSON on behalf of SIERRA CLUB (CASSIDY, KEVIN) Modified on 6/11/2021 to reflect the correct attorney (lrt). (Entered: 06/11/2021)
2021-06-1426Unopposed MOTION by Attorney Susan Ely to Withdraw as Attorney by SIERRA CLUB Responses due by 7/6/2021. (ELY, SUSAN) (Entered: 06/14/2021)
2021-06-1527ORDER granting 26 Motion by Attorney Susan Ely to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 06/15/2021)
2021-09-0128STATUS REPORT Second Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 09/01/2021)
2021-09-01Reset Deadlines Regarding Order on Production Schedule (ECF #23): Next Quarterly Status Report due by 12/1/2021. (mmm) (Entered: 09/01/2021)
2021-10-2629CERTIFICATION for Admission Pro Hac Vice of Bridgett Buss filed by CATHERINE BARTON JOHNSON on behalf of SIERRA CLUB (Total admission fee $ 100 receipt number AMEDC-2568507.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (JOHNSON, CATHERINE) (Entered: 10/26/2021)
2021-10-27Set Deadlines Regarding Certification for Admission Pro Hac Vice for BRIDGETT ANN BUSS: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney BRIDGETT ANN BUSS must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 11/3/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (mmy) (Entered: 10/27/2021)
2021-11-1830STATUS REPORT Third Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 11/18/2021)
2021-11-18Reset Deadlines Regarding Order on Production Schedule (ECF #23): Next Quarterly Status Report due by 3/1/2022. (mmy) (Entered: 11/18/2021)
2022-03-0131STATUS REPORT Fourth Joint by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 03/01/2022)
2022-03-02Reset Deadlines: Status Report due by 6/1/2022. (mmy) (Entered: 03/02/2022)
2022-05-2532STATUS REPORT Fifth Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 05/25/2022)
2022-05-26Reset Deadlines: Status Report due by 9/1/2022. (mmy) (Entered: 05/26/2022)
2022-08-2633Unopposed MOTION by Attorney Bridgett Buss to Withdraw as Attorney by SIERRA CLUB Responses due by 9/16/2022. (CASSIDY, KEVIN) (Entered: 08/26/2022)
2022-08-2934ORDER granting 33 Motion by Attorney Bridgett Buss to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 08/29/2022)
2022-08-3035STATUS REPORT Sixth Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 08/30/2022)
2022-08-30Reset Deadlines: Joint Status Report due by 12/1/2022. (mmy) (Entered: 08/30/2022)
2022-11-2936STATUS REPORT Seventh Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 11/29/2022)
2022-11-29Reset Deadlines: Joint Status Report due by 3/1/2023. (mmy) (Entered: 11/29/2022)
2023-02-2437STATUS REPORT Eighth Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 02/24/2023)
2023-02-27Reset Deadlines: Joint Status Report due by 6/1/2023. (mmy) (Entered: 02/27/2023)
2023-05-2438STATUS REPORT Ninth Joint Status Report by UNITED STATES DEPARTMENT OF ENERGY. (SANER, KATELYN) (Entered: 05/24/2023)
2023-06-06Reset Deadlines: Joint Status Report due by 9/1/2023. (mmy) (Entered: 06/06/2023)
2023-06-1239Stipulation of Dismissal by SIERRA CLUB (Attachments: # 1 Exhibit A - Settlement Agreement)(CASSIDY, KEVIN) Modified on 6/12/2023 to correct event used to Stipulation of Dismissal (mmy). (Entered: 06/12/2023)
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