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Case TitleENERGY POLICY ADVOCATES v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01463
Date Filed2021-05-28
Date Closed2022-03-10
JudgeJudge Trevor N. McFadden
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted two FOIA requests to OMB for records concerning correspondence between White House Climate Advisor Gina McCarthy with certain environmental groups, as well as correspondence between David Hayes and Elizabeth Klein. The other request was for correspondence of Climate Change Advisor John Kerry pertaining to the Paris agreement on climate change. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Energy Policy Advocates filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-281COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 402 receipt number ADCDC-8490181) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (FOIA Request), # 3 Civil Cover Sheet, # 4 Summons US Attorney General, # 5 Summons US Attorney's Office, # 6 Summons to OMB)(Hardin, Matthew) (Entered: 05/28/2021)
2021-05-28Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 05/28/2021)
2021-05-282SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/28/2021)
2021-05-283STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/28/2021. (lctnm1) (Entered: 05/28/2021)
2021-05-284NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Entered: 05/28/2021)
2021-06-255ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/7/2021. (Attachments: # 1 USPS tracking)(Hardin, Matthew) Modified on 6/25/2021 (eg). (Entered: 06/25/2021)
2021-06-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/7/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/7/2021. (Attachments: # 1 USPS tracking)(Hardin, Matthew) (Entered: 06/25/2021)
2021-06-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 6/8/2021 (Attachments: # 1 USPS tracking)(Hardin, Matthew) (Entered: 06/25/2021)
2021-06-258RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/7/2021. (Attachments: # 1 USPS Receipts, # 2 USPS Tracking)(Hardin, Matthew) (Entered: 06/25/2021)
2021-06-25NOTICE OF CORRECTED DOCKET ENTRY: re 5 Summons Returned Executed as to U.S. Attorney General, was entered in error. Counsel has refiled corrected document in docket entry 8 . (eg) (Entered: 06/25/2021)
2021-07-079ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET.(Simon, Jeremy) (Entered: 07/07/2021)
2021-07-07MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceedings in this matter. The report should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before August 2, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2021. (lctnm1) (Entered: 07/07/2021)
2021-07-08Set/Reset Deadlines: Joint Status Report due by 8/2/2021. (hmc) (Entered: 07/08/2021)
2021-08-0210Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 08/02/2021)
2021-08-02MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, the parties shall file a further Joint Status Report on or before September 28, 2021, updating the Court on the status of production and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/2/2021. (lctnm1) (Entered: 08/02/2021)
2021-08-02Set/Reset Deadlines: Joint Status Report due by 9/28/2021. (hmc) (Entered: 08/02/2021)
2021-09-2811Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 09/28/2021)
2021-09-28MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, the parties shall file a further Joint Status Report on or before October 28, 2021, updating the Court on the status of production and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/28/2021. (lctnm1) (Entered: 09/28/2021)
2021-09-29Set/Reset Deadlines: Joint Status Report due by 10/28/2021. (hmc) (Entered: 09/29/2021)
2021-10-2812Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 10/28/2021)
2021-10-28MINUTE ORDER. Upon consideration of the 11 Joint Status Report, the parties shall file a further Joint Status Report on or before December 9, 2021, updating the Court on the status of production and recommending further proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/28/2021. (lctnm1) (Entered: 10/28/2021)
2021-10-28Set/Reset Deadlines: Joint Status Report due by 12/9/2021. (hmc) (Entered: 10/28/2021)
2021-12-0913Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 12/09/2021)
2021-12-09MINUTE ORDER. Upon consideration of the 13 Joint Status Report, the parties shall file a further Joint Status Report on or before January 14, 2022, or within 14 days of Defendant completing its response to Plaintiff's FOIA request, whichever is sooner. The Joint Status Report should update the Court on the status of production since the previous report and propose a briefing schedule. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/9/2021. (lctnm1) (Entered: 12/09/2021)
2021-12-10Set/Reset Deadlines: Joint Status Report due by 1/14/2022. (hmc) (Entered: 12/10/2021)
2022-01-0514Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 01/05/2022)
2022-01-05MINUTE ORDER: Upon consideration of the 14 Joint Status Report, the parties are directed to file a further status report on or before February 7, 2022. If the parties reach a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/5/2022. (Entered: 01/05/2022)
2022-01-06Set/Reset Deadlines: Joint Status Report due by 2/7/2022. (hmc) (Entered: 01/06/2022)
2022-02-0515Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 02/05/2022)
2022-02-08MINUTE ORDER: Upon consideration of the 15 Joint Status Report, the parties are hereby ORDERED to file another status report on or before March 7, 2022. If the parties formalize a settlement before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/8/2022. (lctnm1) (Entered: 02/08/2022)
2022-02-08Set/Reset Deadlines: Joint Status Report due by 3/7/2022. (hmc) (Entered: 02/08/2022)
2022-03-0716Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 03/07/2022)
2022-03-08MINUTE ORDER: Upon consideration of the 16 Joint Status Report, the parties are hereby ORDERED to file another status report on or before April 7, 2022. Alternatively, the parties may file a stipulation of dismissal before that date. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/8/2022. (lctnm1) (Entered: 03/08/2022)
2022-03-08Set/Reset Deadlines: Joint Status Report due by 4/7/2022. (hmc) (Entered: 03/08/2022)
2022-03-0917STIPULATION of Dismissal by OFFICE OF MANAGEMENT AND BUDGET. (Simon, Jeremy) (Entered: 03/09/2022)
2022-03-09MINUTE ORDER: Upon consideration of the 17 Stipulation of Dismissal, this case is hereby DISMISSED. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/9/2022. (lctnm1) (Entered: 03/09/2022)
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