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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03556
Date Filed2022-11-22
Date Closed2024-02-13
JudgeJudge Trevor N. McFadden
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning ethics pertaining to Commissioner Allison Clements and Chairman Richard Glick. The agency acknowledged receipt of the request and told IER that there were likely responsive records. After hearing nothing further from the agency, IER 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-221COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9689727) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons Proposed to AG, US Attorney, and Defendant, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 11/22/2022)
2022-11-232Case Assigned to Judge Trevor N. McFadden. (zljn) (Entered: 11/23/2022)
2022-11-233SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 11/23/2022)
2022-11-234NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 11/23/2022)
2022-11-235STANDING 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 11/23/2022. (lctnm2) (Entered: 11/23/2022)
2022-12-196NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 12/19/2022)
2022-12-197Consent MOTION for Extension of Time to Respond by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 12/19/2022)
2022-12-19MINUTE ORDER granting Defendant's 7 Consent Motion for Extension of Time to Respond. Defendant shall have through and including January 13, 2023, to respond to the Complaint. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/19/2022. (lctnm2) (Entered: 12/19/2022)
2022-12-20Set/Reset Deadlines: Answer due by 1/13/2023. (hmc) (Entered: 12/20/2022)
2023-01-138ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Jones, Sian) (Entered: 01/13/2023)
2023-01-16MINUTE 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 proceeding in this matter. The schedule 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 schedule on or before March 16, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/16/2023. (lctnm2) (Entered: 01/16/2023)
2023-01-17Set/Reset Deadlines: Joint Status Report due by 3/16/2023. (hmc) (Entered: 01/17/2023)
2023-03-169Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Jones, Sian) (Entered: 03/16/2023)
2023-03-17MINUTE ORDER: After considering the 9 Joint Status Report, the parties are directed to file another joint status report on or before May 16, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/17/2023. (lctnm2) (Entered: 03/17/2023)
2023-03-17Set/Reset Deadlines: Joint Status Report due by 5/16/2023. (ztg) (Entered: 03/17/2023)
2023-05-1610Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Jones, Sian) (Entered: 05/16/2023)
2023-05-16MINUTE ORDER: After considering the 10 Joint Status Report, the parties are directed to file another JSR by June 20, 2023, updating the Court on the status of this case and proposing a briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/16/2023. (lctnm2) (Entered: 05/16/2023)
2023-05-17Set/Reset Deadlines: Joint Status Report due by 6/20/2023. (hmc) (Entered: 05/17/2023)
2023-06-2011Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Jones, Sian) (Entered: 06/20/2023)
2023-06-20MINUTE ORDER: After considering the 11 Joint Status Report, the Court directs the parties to file another JSR by August 1, 2023, proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/20/2023. (lctnm2) (Entered: 06/20/2023)
2023-06-21Set/Reset Deadlines: Joint Status Report due by 8/1/2023. (hmc) (Entered: 06/21/2023)
2023-08-0112Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Jones, Sian) (Entered: 08/01/2023)
2023-08-01MINUTE ORDER: After considering the 12 Joint Status Report, the Court directs the parties to file another JSR by October 2, 2023, proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/1/2023. (lctnm2) (Entered: 08/01/2023)
2023-08-3113NOTICE of Appearance by Stephen DeGenaro on behalf of FEDERAL ENERGY REGULATORY COMMISSION (DeGenaro, Stephen) (Entered: 08/31/2023)
2023-10-0214Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (DeGenaro, Stephen) (Entered: 10/02/2023)
2023-10-03MINUTE ORDER: After considering the 14 Joint Status Report, the Court ORDERS the parties to file another JSR by November 1, 2023, updating the Court on the progress of their resolution efforts and proposing a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/3/2023. (lctnm2) (Entered: 10/03/2023)
2023-11-0115Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (DeGenaro, Stephen) (Entered: 11/01/2023)
2023-11-02MINUTE ORDER. After considering the 15 Joint Status Report, the Court ORDERS the parties to file another JSR by December 1, 2023, updating the Court on the progress of their resolution efforts. The Court FURHTER ORDERS the Defendant to complete its Vaughn-style index by or on December 1, 2023, unless good cause can be shown that doing so is infeasible. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/2/2023. (lctnm2) Modified on 11/2/2023 to add event title (hmc). (Entered: 11/02/2023)
2023-12-0116Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (DeGenaro, Stephen) (Entered: 12/01/2023)
2023-12-02MINUTE ORDER: After considering the 16 Joint Status Report, the Court ORDERS the parties to file another JSR by January 15, 2024, updating the Court on the progress of their resolution efforts. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/1/2023. (lctnm2) (Entered: 12/02/2023)
2024-01-1217Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (DeGenaro, Stephen) (Entered: 01/12/2024)
2024-01-16MINUTE ORDER: After considering the 17 Joint Status Report, the Court ORDERS the parties to file another JSR by February 12, 2024, updating the Court on the progress of their resolution efforts. The Court FURTHER ORDERS that after all productions are complete and before parties propose a briefing schedule for summary judgment motions they shall meet in-person to discuss the sufficiency of Defendant's productions. Any request for a briefing schedule must certify this meeting has occurred and that despite good-faith negotiations, no resolution between the parties is possible. Signed by Judge Trevor N. McFadden on 1/16/2024. (lctnm2) (Entered: 01/16/2024)
2024-02-1218STIPULATION of Dismissal by FEDERAL ENERGY REGULATORY COMMISSION. (Jones, Sian) (Entered: 02/12/2024)
2024-02-12MINUTE ORDER: Having considered the parties' 18 Stipulation of Dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Court ORDERS that this matter is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/12/2024. (lctnm2) (Entered: 02/12/2024)
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