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Case TitleSouthern Environmental Law Center v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2024cv00117
Date Filed2024-03-14
Date ClosedOpen
JudgeDistrict Judge Katherine A Crytzer
PlaintiffSouthern Environmental Law Center
Case DescriptionSouthern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the Johnsonville Project in Humphreys County, TN. TVA acknowledged receipt of the request and asked SELC to clarify the scope of the request. SELC clarified the scope of the request. TVA responded by sending a copy of an administrative record filed in the Middle District of Tennessee. SELC believed the records were not responsive. After hearing nothing further from the agency, SELC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantTennessee Valley Authority
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-141COMPLAINT against Tennessee Valley Authority ( Filing fee $ 405 receipt number ATNEDC-5622942.), filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - FOIA Request, # 2 Exhibit 2 - Interim Response Letter, # 3 Exhibit 3 - Email Correspondence, # 4 Exhibit 4 - Completion Letter, # 5 Exhibit 5 - January 9 Letter, # 6 Other Civil Cover Sheet, # 7 Summons TVA CEO Lyash, # 8 Summons US Attorney Hamilton, # 9 Summons US Attorney General Garland)(Bussey, O.) (Entered: 03/14/2024)
2024-03-142Certificate of Corporate Interest by Southern Environmental Law Center. (Bussey, O.) (Entered: 03/14/2024)
2024-03-14Case has been referred to Magistrate Judge Poplin's Chambers for a related case determination. (CAT) (Entered: 03/14/2024)
2024-03-143Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons US Attorney, # 2 Summons US Attorney General) (CAT) (Entered: 03/14/2024)
2024-03-264AFFIDAVIT of Service for Summons and Complaint served on Jeffrey J. Lyash, Chief Executive Officer on 03/20/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Bussey, O.) (Entered: 03/26/2024)
2024-03-265AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. (Trey) Hamilton on 03/20/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Bussey, O.) (Entered: 03/26/2024)
2024-04-05District Judge Katherine A Crytzer and Magistrate Judge Jill E McCook added. (CAT) (Entered: 04/05/2024)
2024-04-056Order Governing Sealing Confidential Information. Signed by District Judge Katherine A Crytzer on 04/05/2024. (CAT) (Entered: 04/05/2024)
2024-04-057Order Governing Depositions. Signed by District Judge Katherine A Crytzer on 04/05/2024. (CAT) (Entered: 04/05/2024)
2024-04-058Order Governing Motions To Dismiss. Signed by District Judge Katherine A Crytzer on 04/05/2024. (CAT) (Entered: 04/05/2024)
2024-04-059ORDER OF RECUSAL. Signed by Magistrate Judge Jill E McCook on 4/5/2024. (MKM) (Entered: 04/05/2024)
2024-04-0510ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case. Case reassigned to Magistrate Judge Debra C Poplin for all further proceedings. Signed by District Judge Travis R McDonough on April 5, 2024. (SAC) (Entered: 04/05/2024)
2024-04-1111AFFIDAVIT of Service for Summons and Complaint served on Merrick Garland, U.S. Attorney General, on 03/25/2024, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1 - Proof of Service by U.S. Mail)(Bussey, O.) (Entered: 04/11/2024)
2024-04-2412ANSWER to 1 Complaint,, by Tennessee Valley Authority. (Attachments: # 1 Exhibit TVA's May 19, 2023 Response)(Chin, Steven) (Entered: 04/24/2024)
2024-04-2413MOTION to Dismiss for Lack of Jurisdiction by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/24/2024)
2024-04-2414MEMORANDUM in Support of Motion re 13 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 04/24/2024)
2024-04-2415ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Katherine A Crytzer on 4/24/24. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 04/24/2024)
2024-05-1516RESPONSE to Motion re 13 MOTION to Dismiss for Lack of Jurisdiction filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit Declaration of Spencer T. Gall)(Bussey, O.) (Entered: 05/15/2024)
2024-05-1717MOTION for Leave to Appear Pro Hac Vice on Behalf of Mathieu Erramuzpe ( Filing fee $ 90 receipt number ATNEDC-5680968.) by Southern Environmental Law Center. (Attachments: # 1 Exhibit Certificate of Good Standing)(Bussey, O.) (Entered: 05/17/2024)
2024-05-20Clerk's Verification of PHV Requirements is complete regarding document: 17 MOTION for Leave to Appear Pro Hac Vice on Behalf of Mathieu Erramuzpe ( Filing fee $ 90 receipt number ATNEDC-5680968.) filed by Southern Environmental Law Center (ABF) (Entered: 05/20/2024)
2024-05-2018REPLY to Response to Motion re 13 MOTION to Dismiss for Lack of Jurisdiction filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 05/20/2024)
2024-05-2119ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 05/21/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 5/22/2024 to indicate c/m to Mathieu Erramuzpe, Southern Environmental Law Center, 10 10th St NW, 1050, Atlanta, GA 30309 (ABF). (Entered: 05/21/2024)
2024-05-3120ORDER. The Court ORDERS the Parties to confer and submit the required Rule 26(f) report on or before June 14, 2024. For the convenience of the Parties, the Court's Judicial Preferences and a Sample Civil Scheduling Order are available at https://www.tned.uscourts.gov/content/katherine-crytzer-united-states-district-judge. The Court will determine whether to hold a Rule 16 scheduling conference after receiving the Parties' Rule 26(f) report. Signed by District Judge Katherine A. Crytzer on 05/31/2024. This docket entry constitutes the complete order of the Court. (MJN) (Entered: 05/31/2024)
2024-06-0421NOTICE OF NONCONSENT by Southern Environmental Law Center (Bussey, O.) (Entered: 06/04/2024)
2024-06-0722REPORT of Rule 26(f) Planning Meeting. (Erramuzpe, Mathieu) (Entered: 06/07/2024)
2024-07-1023MEMORANDUM OPINION AND ORDER denying 13 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Katherine A Crytzer on 7/10/2024. (MKM) (Entered: 07/10/2024)
2024-07-1524Notice of Attorney Withdrawal Attorney Mathieu Erramuzpe terminated. (Erramuzpe, Mathieu) (Entered: 07/15/2024)
2024-07-1625SCHEDULING ORDER: If this action proceeds past summary judgment, the Court will set a trial date. Signed by District Judge Katherine A Crytzer on 7/16/2024. (KMK) (Entered: 07/16/2024)
2024-07-2926MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Receipt 300004231) by Southern Environmental Law Center. (Attachments: # 1 Other Receipt, # 2 Other Envelope)(MKM) (Entered: 07/29/2024)
2024-07-29Clerk's Verification of PHV Requirements is complete as to Kimberly Hunter regarding document: 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Southern Environmental Law Center (MKM) (Entered: 07/29/2024)
2024-07-2927ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 07/29/2024. This entry constitutes the complete order of the Court. (HSN) Modified on 7/30/2024 to indicate c/m to Kimberly Hunter, Southern Environmental Law Center, 601 West Rosemary Street, Suite 220, Chapel Hill, NC 27516 (ABF). (Entered: 07/29/2024)
2024-08-2628MOTION for Summary Judgment by Southern Environmental Law Center. (Hunter, Kimberley) (Entered: 08/26/2024)
2024-08-2629MEMORANDUM in Support of Motion re 28 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Hunter, Kimberley) (Entered: 08/26/2024)
2024-08-2630STRICKEN per Order 34 Statement of Material Facts re 28 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Hunter, Kimberley) Modified text on 9/4/2024 (MKM). (Entered: 08/26/2024)
2024-08-2631STRICKEN per Order 34 Statement of Material Facts re 28 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Hunter, Kimberley) Modified on 8/27/2024 to note that this is a duplicate- spoke to paralegal. See doc 30 (CNC). Modified text on 9/4/2024 (MKM). (Entered: 08/26/2024)
2024-08-2832ORDER TO SHOW CAUSE. Show Cause Response due by 9/3/2024 . Signed by District Judge Katherine A Crytzer on 08/27/2024. c/m Kimberly Hunter, Southern Environmental Law Center, 601 West Rosemary Street, Suite 220, Chapel Hill, NC 27516. (MKM) (Entered: 08/28/2024)
2024-08-2833RESPONSE TO ORDER TO SHOW CAUSE by Southern Environmental Law Center. (Hunter, Kimberley) (Entered: 08/28/2024)
2024-09-0434ORDER re 30 Statement of Material Facts filed by Southern Environmental Law Center, 31 Statement of Material Facts filed by Southern Environmental Law Center. The Court STRIKES Plaintiffs Statement[s] of UndisputedMaterial Facts. Signed by District Judge Katherine A Crytzer on 9/4/2024. c/m Kimberly Hunter, Southern Environmental Law Center, 601 West Rosemary Street, Suite 220, Chapel Hill, NC 27516. (MKM) (Entered: 09/04/2024)
2024-09-1635Cross MOTION for Summary Judgment by Tennessee Valley Authority. (Attachments: # 1 Affidavit of Collins, # 2 Exhibit 1 of Collins Decl, # 3 Exhibit 2 of Collins Decl, # 4 Exhibit 3 of Collins Decl, # 5 Exhibit 4 of Collins Decl, # 6 Exhibit 5 of Collins Decl, # 7 Exhibit 6 of Collins Decl, # 8 Exhibit 7 of Collins Decl, # 9 Exhibit 8 of Collins Decl, # 10 Exhibit 9 of Collins Decl, # 11 Exhibit 10 of Collins Decl, # 12 Affidavit of Meade, # 13 Exhibit 1 of Meade Decl, # 14 Exhibit 2 of Meade Decl, # 15 Exhibit 3 of Meade Decl, # 16 Exhibit 4 of Meade Decl)(Chin, Steven) (Entered: 09/16/2024)
2024-09-1636MEMORANDUM in Support of Motion re 35 Cross MOTION for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 09/16/2024)
2024-09-1637RESPONSE in Opposition re 28 MOTION for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 09/16/2024)
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by FOIA Project Staff
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