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Case TitleINSTITUTE FOR ENERGY RESEARCH v. UNITED STATES DEPARTMENT OF STATE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01802
Date Filed2018-08-01
Date Closed2019-05-29
JudgeJudge Emmet G. Sullivan
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Department of State for records concerning communications to or from six named individuals from or to Jennifer Morgan and mentioning China. IER also requested a fee waiver. After hearing nothing further from the agency, IER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF STATE
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

2018-08-011COMPLAINT IER V STATE filed against UNITED STATES DEPARTMENT OF STATE re FOIA ( Filing fee $ 400 receipt number 0090-5614068) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Request for Summons STATE DEPT, # 3 Summons Request for Summons US Atty General, # 4 Summons Request for Summons USADC, # 5 Notice and Consent Consent to Magistrate Judge, # 6 Notice and Consent LCvR 7.1 Certificate)(Horner, Christopher) (Entered: 08/01/2018)
2018-08-012NOTICE of Appearance by Jason T. Miller on behalf of INSTITUTE FOR ENERGY RESEARCH (Miller, Jason) (Entered: 08/01/2018)
2018-08-01Case Assigned to Judge Emmet G. Sullivan. (zsth) (Entered: 08/01/2018)
2018-08-013CIVIL COVER SHEET Amended by INSTITUTE FOR ENERGY RESEARCH filed by INSTITUTE FOR ENERGY RESEARCH.(Miller, Jason) (Entered: 08/01/2018)
2018-08-014SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 08/01/2018)
2018-08-015Consent to Proceed before US Magistrate Judge by INSTITUTE FOR ENERGY RESEARCH.. (zsth) (Entered: 08/01/2018)
2018-08-016LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INSTITUTE FOR ENERGY RESEARCH (zsth) (Entered: 08/01/2018)
2018-08-027STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 08/02/18. (Attachment: # 1 Exhibit 1) (mac) (Entered: 08/02/2018)
2018-08-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/6/2018. Answer due for ALL FEDERAL DEFENDANTS by 9/5/2018. (Miller, Jason) (Entered: 08/09/2018)
2018-08-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/06/2018. (Miller, Jason) (Entered: 08/09/2018)
2018-08-1710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 8/6/2018 (Miller, Jason) (Entered: 08/17/2018)
2018-09-0411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 8/27/2018 (Attachments: # 1 Exhibit Postal Tracking Proof of Service)(Miller, Jason) (Entered: 09/04/2018)
2018-09-0512ANSWER to Complaint by UNITED STATES DEPARTMENT OF STATE.(Peterson, Benton) (Entered: 09/05/2018)
2018-09-27MINUTE ORDER. Plaintiff brings this action pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The parties are directed to meet and confer and propose a joint scheduling order for further proceedings in this case by no later than November 1, 2018. The parties' joint proposed scheduling order shall address the following: (1) The status of plaintiff's FOIA request; (2) The anticipated number of documents responsive to plaintiff's FOIA request; (3) The anticipated date(s) for release of documents responsive to plaintiff's FOIA request; (4) Whether a motion for an Open America stay is likely in this case; (5) Whether a Vaughn index will be required in this case; (6) Whether this case would benefit from referral to a magistrate judge or the District Court Mediation Program for purposes of settlement, especially in view of 5 plaintiff's consent to proceed before a Magistrate Judge; and (7) A proposed briefing schedule for dispositive motions, if applicable. If the parties are unable to agree on a joint recommendation, the joint proposed scheduling order shall include each party's individual recommendations. Signed by Judge Emmet G. Sullivan on 9/27/2018. (lcegs3) (Entered: 09/27/2018)
2018-09-28Set/Reset Deadlines: Joint Scheduling Order due by 11/1/2018. (mac) (Entered: 09/28/2018)
2018-11-0113Joint STATUS REPORT filed on behalf of both parties by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Text of Proposed Order Proposed Order for JSR)(Horner, Christopher) (Entered: 11/01/2018)
2018-11-02MINUTE ORDER in view of 13 joint status report, the parties are directed to file another joint status report by no later than November 16, 2018. Signed by Judge Emmet G. Sullivan on 11/2/2018. (lcegs3) (Entered: 11/02/2018)
2018-11-02Set/Reset Deadlines: Joint Status Report due by 11/16/2018. (mac) (Entered: 11/02/2018)
2018-11-1614Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Peterson, Benton) (Entered: 11/16/2018)
2018-11-28MINUTE ORDER in view of 14 joint status report, the parties are directed to file another joint status report advising the Court as to the status of the parties' settlement agreement by no later than December 17, 2018. Signed by Judge Emmet G. Sullivan on 11/28/2018. (lcegs3) (Entered: 11/28/2018)
2018-11-29Set/Reset Deadlines: Joint Status Report due by 12/17/2018. (mac) (Entered: 11/29/2018)
2018-12-1715Joint STATUS REPORT Filed on behalf of both parties by INSTITUTE FOR ENERGY RESEARCH. (Horner, Christopher) (Entered: 12/17/2018)
2018-12-19MINUTE ORDER. In view of 15 joint status report, the parties are directed to submit a joint status report by no later than January 21, 2019 to apprise the Court of the status of the case. Signed by Judge Emmet G. Sullivan on 12/19/2018. (lcegs3) (Entered: 12/19/2018)
2018-12-19Set/Reset Deadlines: Joint Status Report due by 1/21/2019. (mac) (Entered: 12/19/2018)
2019-01-1816Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/18/2019)
2019-01-22MINUTE ORDER denying 16 consent motion to stay and extension of time in light of lapse of appropriations. The parties are directed to comply with the Court's December 19, 2018 Minute Order by no later than February 1, 2019. Signed by Judge Emmet G. Sullivan on 1/22/2019. (lcegs3) (Entered: 01/22/2019)
2019-01-22Set/Reset Deadlines: Status Report due by 2/1/2019 (mac) (Entered: 01/22/2019)
2019-01-2917Joint STATUS REPORT Filed on behalf of both parties by INSTITUTE FOR ENERGY RESEARCH. (Horner, Christopher) (Entered: 01/29/2019)
2019-01-30MINUTE ORDER. In view of 17 joint status report, in which the parties state that they have reached an agreement in principle, the parties are directed to submit another joint status report by no later than March 15, 2019 to apprise the Court of the status of the case. The parties need not file another joint status report if a stipulation of dismissal has been filed before March 15, 2019. Signed by Judge Emmet G. Sullivan on 1/30/2019. (lcegs3) (Entered: 01/30/2019)
2019-01-31Set/Reset Deadlines: Joint Status Report due by 3/15/2019. (mac) (Entered: 01/31/2019)
2019-03-0518NOTICE OF SUBSTITUTION OF COUNSEL by Derek S. Hammond on behalf of UNITED STATES DEPARTMENT OF STATE Substituting for attorney Benton G. Peterson (Hammond, Derek) (Entered: 03/05/2019)
2019-03-1519Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 03/15/2019)
2019-03-18MINUTE ORDER. In view of 19 Joint Status Report, the parties shall file a joint status report to apprise the Court of the status of the case by no later than April 26, 2019. Signed by Judge Emmet G. Sullivan on 3/18/2019. (lcegs3) (Entered: 03/18/2019)
2019-03-18Set/Reset Deadlines: Joint Status Report due by 4/26/2019. (mac) (Entered: 03/18/2019)
2019-04-2620Joint STATUS REPORT by UNITED STATES DEPARTMENT OF STATE. (Hammond, Derek) (Entered: 04/26/2019)
2019-04-26MINUTE ORDER. In view of the parties' 20 Joint Status Report that states the parties have exchanged and commented on language set forth in a draft settlement agreement, the parties are directed to submit another joint status report by no later than May 27, 2019 to apprise the Court of the status of the case. The parties need not file another joint status report if a stipulation of dismissal has been filed before March 27, 2019. Signed by Judge Emmet G. Sullivan on 4/26/2019. (lcegs3) (Entered: 04/26/2019)
2019-04-29Set/Reset Deadlines: Joint Status Report due by 5/27/2019. (mac) (Entered: 04/29/2019)
2019-05-2821STIPULATION of Dismissal filed on behalf of both parties by INSTITUTE FOR ENERGY RESEARCH. (Horner, Christopher) (Entered: 05/28/2019)
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by FOIA Project Staff
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