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Case TitleENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv00234
Date Filed2015-02-18
Date Closed2015-12-18
JudgeJudge Tanya S. Chutkan
PlaintiffENERGY & ENVIRONMENT LEGAL INSTITUTE
PlaintiffFREE MARKET ENVIRONMENTAL LAW CLINIC
Case DescriptionThe Energy & Environmental Legal Institute submitted a FOIA request to the Department of Energy for records concerning communications pertaining to EPA's greenhouse gas standards. The Legal Institute also requested a fee waiver. After DOE failed to respond to the request, the Legal Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
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

2015-02-181COMPLAINT against UNITED STATES DEPARTMENT OF ENERGY ( Filing fee $ 400 receipt number 0090-3995642) filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet Signed, # 2 Summons Summons cv 15-234 DOE, # 3 Summons Summons cv 15-234 USAG, # 4 Summons Summons cv 15-234 USAO)(Horner, Christopher) (Entered: 02/18/2015)
2015-02-182LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 02/18/2015)
2015-02-183LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by FREE MARKET ENVIRONMENTAL LAW CLINIC (Horner, Christopher) (Entered: 02/18/2015)
2015-02-18Case Assigned to Judge Tanya S. Chutkan. (md, ) (Entered: 02/19/2015)
2015-02-204SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent, # 2 Consent Form) (md, ) (Entered: 02/20/2015)
2015-02-235NOTICE OF CONSENT TO CIVIL MAGISTRATE by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Horner, Christopher) (Entered: 02/23/2015)
2015-02-236NOTICE OF CONSENT TO CIVIL MAGISTRATE by FREE MARKET ENVIRONMENTAL LAW CLINIC (Horner, Christopher) (Entered: 02/23/2015)
2015-03-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 2/27/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/2/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 4/1/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/02/2015. (Horner, Christopher) (Entered: 03/02/2015)
2015-03-118NOTICE of Appearance by David W. Schnare on behalf of All Plaintiffs (Schnare, David) (Entered: 03/11/2015)
2015-03-249NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) (Entered: 03/24/2015)
2015-03-2610Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF ENERGY (Seabrook, April) (Entered: 03/26/2015)
2015-04-01MINUTE ORDER: Granting 10 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by May 1, 2015. Additionally, by May 1, 2015, Defendant shall notify that Court whether it consents to full referral of this matter to a Magistrate Judge (see 5 6 ). Signed by Judge Tanya S. Chutkan on 4/1/15. (DJS) (Entered: 04/01/2015)
2015-04-2811MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF ENERGY (Attachments: # 1 Text of Proposed Order)(Seabrook, April) (Entered: 04/28/2015)
2015-04-2812Memorandum in opposition to re 11 MOTION for Extension of Time to File Answer re 1 Complaint, filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Horner, Christopher) (Entered: 04/28/2015)
2015-04-29MINUTE ORDER: Granting in part and denying in part 11 Motion for Extension of Time to Answer. Defendant shall file its answer not later than May 8, 2015. Additionally, by May 8, 2015, Defendant shall notify that Court whether it consents to full referral of this matter to a Magistrate Judge (See 5 6 ). Signed by Judge Tanya S. Chutkan on 4/29/15. (DJS) (Entered: 04/29/2015)
2015-04-30Set/Reset Deadlines: Answer due by 5/8/2015. (zsm) (Entered: 04/30/2015)
2015-05-0813ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Seabrook, April) (Entered: 05/08/2015)
2015-05-0814NOTICE of Declination to Proceed Before a Magistrate Judge by UNITED STATES DEPARTMENT OF ENERGY (Seabrook, April) (Entered: 05/08/2015)
2015-05-11MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule should address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 6/1/15. Signed by Judge Tanya S. Chutkan on 5/11/15. (DJS) (Entered: 05/11/2015)
2015-05-11Set/Reset Deadlines: Status Report due by 6/1/2015. (zsm) (Entered: 05/11/2015)
2015-06-0115MEET AND CONFER STATEMENT. (Seabrook, April) (Entered: 06/01/2015)
2015-06-02MINUTE ORDER: The court will hold a status conference at 2:00 p.m. on June 9, 2015. The court will address a schedule going forward in this matter as well as the new Complaint filed by the Plaintiffs against the Defendant in case number 15-cv-798. Signed by Judge Tanya S. Chutkan on 6/2/15. (lctsc3) (Entered: 06/02/2015)
2015-06-02Set/Reset Hearings: Status Conference set for 6/9/2015 at 2:00 PM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 06/02/2015)
2015-06-0216NOTICE of Appearance by Chaim Mandelbaum on behalf of All Plaintiffs (Mandelbaum, Chaim) (Main Document 16 replaced on 6/5/2015) (td). (Entered: 06/02/2015)
2015-06-0217NOTICE of Appearance by Matthew D. Hardin on behalf of All Plaintiffs (Hardin, Matthew) (Entered: 06/02/2015)
2015-06-0318Unopposed MOTION to Continue Status Conference by UNITED STATES DEPARTMENT OF ENERGY (Seabrook, April) (Entered: 06/03/2015)
2015-06-03MINUTE ORDER granting 18 Motion to Continue. The status conference in this matter scheduled for June 9, 2015 is hereby RESCHEDULED for 10:00 a.m. on June 22, 2015. Signed by Judge Tanya S. Chutkan on 6/3/15. (lctsc3) (Entered: 06/03/2015)
2015-06-05Set/Reset Hearings: Status Conference set for 6/22/2015 at 10:00 AM in Courtroom 2 before Judge Tanya S. Chutkan. (zsm) (Entered: 06/05/2015)
2015-06-22Minute Entry for proceedings held before Judge Tanya S. Chutkan: Status Conference held on 6/22/2015. Case is consolidated with case 15cv798 TSC, ENERGY & ENVIRONMENT LEGAL INSTITUTE et al v. UNITED STATES DEPARTMENT OF ENERGY. Status Report due by 9/30/2015. Cases stayed. Order to issue. (Court Reporter Bryan Wayne.) (zsm) (Entered: 06/22/2015)
2015-06-22MINUTE ORDER: This case is hereby STAYED. The parties shall file a joint status report not later than September 30, 2015 advising the court of the status of this litigation and proposing a schedule for moving forward with this case. Signed by Judge Tanya S. Chutkan on 6/22/15. (lctsc3) (Entered: 06/22/2015)
2015-09-3019Joint STATUS REPORT and Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY. (Seabrook, April) (Entered: 09/30/2015)
2015-10-2820Joint MOTION for Briefing Schedule by UNITED STATES DEPARTMENT OF ENERGY (Seabrook, April) (Entered: 10/28/2015)
2015-10-29MINUTE ORDER: Granting 20 Joint Motion for Briefing Schedule. Defendant's Motion for Summary Judgment due on November 3, 2015. Plaintiffs' Opposition due on December 2, 2015. Defendant's Reply due on December 21, 2015. Signed by Judge Tanya S. Chutkan on 10/29/15. (DJS) (Entered: 10/29/2015)
2015-10-30MINUTE ORDER: The Briefing Schedule entered on 10/29/15 is hereby AMENDED as follows. The parties in the two consolidated cases (15-cv-234-TSC & 15-cv-798) shall file their briefs - combining the arguments for both cases- solely in 15-cv-234. Signed by Judge Tanya S. Chutkan on 10/30/15. (DJS) (Entered: 10/30/2015)
2015-10-30Set/Reset Deadlines: Summary Judgment motion due by 11/3/2015. Response to Motion for Summary Judgment due by 12/2/2015. Reply to Motion for Summary Judgment due by 12/21/2015. (tth) (Entered: 10/30/2015)
2015-11-0321MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF ENERGY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K)(Seabrook, April) (Entered: 11/03/2015)
2015-12-0322Consent MOTION for Extension of Time to File Response/Reply by ENERGY & ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 12/03/2015)
2015-12-04MINUTE ORDER granting 22 Plaintiffs' Consent MOTION for Extension of Time to File Response/Reply. Plaintiffs opposition is due not later than 12/17/2015, and Defendants reply is due not later than 1/15/2016. The court reminds Plaintiffs to pay close attention to filing deadlines. Signed by Judge Tanya S. Chutkan on 12/4/2015. (lctsc3) (Entered: 12/04/2015)
2015-12-04Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/17/2015. Reply to Motion for Summary Judgment due by 1/15/2016. (zsm) (Entered: 12/04/2015)
2015-12-1723Consent MOTION for Order Granting Voluntary Dismissal by ENERGY & ENVIRONMENT LEGAL INSTITUTE, FREE MARKET ENVIRONMENTAL LAW CLINIC (Attachments: # 1 Text of Proposed Order)(Mandelbaum, Chaim) (Entered: 12/17/2015)
2015-12-1824ORDER: Granting 23 Plaintiffs' Consent Motion for Voluntary Dismissal. 15-cv-234-TSC and 15-cv-798-TSC are hereby dismissed without prejudice. Signed by Judge Tanya S. Chutkan on 12/18/15. (DJS) (Entered: 12/18/2015)
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