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Case TitleCOMPETITIVE ENTERPRISE INSTITUTE v. MCCARTHY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01238
Date Filed2021-05-06
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCOMPETITIVE ENTERPRISE INSTITUTE
Case DescriptionCompetitive Enterprise Institute submitted FOIA requests to Gina McCarthy, the head of the National Climate Task Force, the Department of Commerce, and the EPA for records concerning the first meeting of the Task Force. McCarthy did not acknowledge receipt of the request, but Commerce and the EPA did acknowledge receipt of the requests. After hearing nothing further from the agencies, CEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantGINA MCCARTHY
DefendantGINA MCCARTHY
TERMINATED: 09/16/2022
DefendantNATIONAL CLIMATE TASK FORCE
DefendantNATIONAL CLIMATE TASK FORCE
TERMINATED: 11/28/2022
DefendantOFFICE OF THE SECRETARY OF COMMERCE
DefendantOFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
DefendantJOHN PODESTA
TERMINATED: 11/28/2022
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-061COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8428994) filed by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(McGinley, Michael) (Entered: 05/06/2021)
2021-05-06Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 05/06/2021)
2021-05-062SUMMONS (4) Issued Electronically as to GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/06/2021)
2021-05-203ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 5/20/21. (DM) (Entered: 05/20/2021)
2021-05-284CERTIFICATE OF SERVICE by COMPETITIVE ENTERPRISE INSTITUTE re 1 Complaint, 2 Summons Issued Electronically . (McGinley, Michael) (Entered: 05/28/2021)
2021-06-145NOTICE of Appearance by Cody Taylor Knapp on behalf of All Defendants (Knapp, Cody) (Entered: 06/14/2021)
2021-06-146Partial MOTION to Dismiss by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Knapp, Cody) (Entered: 06/14/2021)
2021-06-287AMENDED COMPLAINT as of right against All Defendants filed by COMPETITIVE ENTERPRISE INSTITUTE.(McGinley, Michael) (Entered: 06/28/2021)
2021-06-308NOTICE of Appearance by Eric Dean Hageman on behalf of All Plaintiffs (Hageman, Eric) (Entered: 06/30/2021)
2021-07-019NOTICE of Appearance by Charles Devin Watkins on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Watkins, Charles) (Entered: 07/01/2021)
2021-07-0210MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Corcoran, Filing fee $ 100, receipt number ADCDC-8573986. Fee Status: Fee Paid. by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Declaration Declaration of Michael Corcoran, # 2 Text of Proposed Order Proposed Order re Pro Hac Vice Motion)(Hageman, Eric) (Entered: 07/02/2021)
2021-07-05MINUTE ORDER: The Court has received and reviewed the 10 Motion for Admission of Mr. Michael Corcoran. By or before July 12, 2021, Mr. Corcoran shall submit a declaration confirming that he has reviewed and is familiar with the local rules of this Court. Signed by Judge Colleen Kollar-Kotelly on July 5, 2021. (lcckk1) (Entered: 07/05/2021)
2021-07-0711DECLARATION of Michael Corcoran [Amended] by COMPETITIVE ENTERPRISE INSTITUTE re 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael Corcoran, Filing fee $ 100, receipt number ADCDC-8573986. Fee Status: Fee Paid. filed by COMPETITIVE ENTERPRISE INSTITUTE. (Hageman, Eric) (Entered: 07/07/2021)
2021-07-07MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Clic k for instructions Signed by Judge Colleen Kollar-Kotelly on July 7, 2021. (lcckk1) (Entered: 07/07/2021)
2021-07-1212Partial MOTION to Dismiss by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Executive Order 14008, # 3 Text of Proposed Order)(Knapp, Cody) (Entered: 07/12/2021)
2021-07-1413NOTICE of Appearance by Michael Corcoran on behalf of All Plaintiffs (Corcoran, Michael) (Entered: 07/14/2021)
2021-07-1614Consent MOTION for Extension of Time to File Response/Reply Briefs of Plaintiff and Defendants by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order Proposed Order)(McGinley, Michael) (Entered: 07/16/2021)
2021-07-1915ORDER granting 14 Motion for Extension of Time. Signed by Judge Colleen Kollar-Kotelly on July 19, 2021. (lcckk1) (Entered: 07/19/2021)
2021-07-19Set/Reset Deadlines: Plaintiff's Brief in Opposition due by 8/9/2021. Defendants' Reply Brief due by 8/30/2021. (dot) (Entered: 07/19/2021)
2021-07-2016MOTION for Leave to File a Supplemental Complaint by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Exhibit Proposed Supplemental Complaint, # 2 Text of Proposed Order Proposed Order re Supplemental Complaint)(McGinley, Michael) (Entered: 07/20/2021)
2021-08-0917Memorandum in opposition to re 12 Partial MOTION to Dismiss filed by COMPETITIVE ENTERPRISE INSTITUTE. (McGinley, Michael) (Entered: 08/09/2021)
2021-08-3018REPLY to opposition to motion re 12 Partial MOTION to Dismiss filed by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 08/30/2021)
2021-10-0719MEMORANDUM OPINION & ORDER. Signed by Judge Colleen Kollar-Kotelly on October 7, 2021. (lcckk1) (Entered: 10/07/2021)
2021-10-07Set/Reset Deadlines: Defendants may refile Motion or otherwise respond to [16-1] First Amended and Supplemental Complaint by 10/28/2021. (dot) (Entered: 10/08/2021)
2021-10-2820Partial MOTION to Dismiss by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Executive Order 14008, # 3 Text of Proposed Order)(Knapp, Cody) (Entered: 10/28/2021)
2021-11-1121Memorandum in opposition to re 20 Partial MOTION to Dismiss filed by COMPETITIVE ENTERPRISE INSTITUTE. (McGinley, Michael) (Entered: 11/11/2021)
2021-11-1822REPLY to opposition to motion re 20 Partial MOTION to Dismiss filed by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 11/18/2021)
2022-05-0523MOTION to Withdraw as Attorney Michael Corcoran by COMPETITIVE ENTERPRISE INSTITUTE. (Corcoran, Michael) (Entered: 05/05/2022)
2022-05-05MINUTE ORDER granting counsel Michael Corcoran's consent 23 Motion to Withdraw as Attorney. The Clerk of Court is directed to terminate Michael Corcoran as counsel of record. Plaintiff's additional counsel remain counsel of record in this case. Signed by Judge Colleen Kollar-Kotelly on May 5, 2022. (lcckk1) (Entered: 05/05/2022)
2022-10-0624MOTION to Compel Preservation by COMPETITIVE ENTERPRISE INSTITUTE. (Attachments: # 1 Text of Proposed Order)(McGinley, Michael) (Entered: 10/06/2022)
2022-10-1425Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Compel Preservation by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Attachments: # 1 Text of Proposed Order)(Knapp, Cody) (Entered: 10/14/2022)
2022-10-17MINUTE ORDER: Before the Court is Defendants' 25 Consent Motion for Extension of Time to Respond to Plaintiff's Motion to Compel. Counsel for Defendant represents that, due to competing obligations, he requires an extension of time from October 20, 2022 to October 27, 2022 to file Defendants' opposition to Plaintiff's 24 Motion to Compel. As Plaintiff consents, and upon good cause shown, Defendants' 25 Consent Motion for Extension of Time to Respond to Plaintiff's Motion to Compel is GRANTED . Defendants shall file their opposition on or before October 27, 2022 , and Plaintiff shall file its reply on or before November 3, 2022 . Signed by Judge Colleen Kollar-Kotelly on October 17, 2022. (lcckk1) (Entered: 10/17/2022)
2022-10-17Set/Reset Deadlines: Defendants' Opposition to 24 due by 10/27/2022. Plaintiff's Reply to 24 due by 11/3/2022. (dot) (Entered: 10/17/2022)
2022-10-2726Memorandum in opposition to re 24 Motion to Compel filed by GINA MCCARTHY, NATIONAL CLIMATE TASK FORCE, OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE. (Knapp, Cody) (Entered: 10/27/2022)
2022-11-0327REPLY to opposition to motion re 24 MOTION to Compel to compel preservation filed by COMPETITIVE ENTERPRISE INSTITUTE. (McGinley, Michael) Modified on 11/4/2022 to add docket link (zjm). (Entered: 11/03/2022)
2022-11-2828ORDER granting 20 Renewed Motion to Dismiss in Part. The Clerk of Court is respectfully directed to terminate Defendants John Podesta (substituted for Gina McCarthy) and National Climate Task Force as parties. Signed by Judge Colleen Kollar-Kotelly on November 28, 2022. (lcckk1) (Entered: 11/28/2022)
2022-11-2829MEMORANDUM OPINION re 28 Order. Signed by Judge Colleen Kollar-Kotelly on November 28, 2022. (lcckk1) (Entered: 11/28/2022)
2022-11-3030NOTICE of Appearance by Justin Aimonetti on behalf of COMPETITIVE ENTERPRISE INSTITUTE (Aimonetti, Justin) (Entered: 11/30/2022)
2022-12-1231ANSWER to 7 Amended Complaint as supplemented by [16-1] Plaintiff's Supplemental Complaint by OFFICE OF THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, OFFICE OF THE SECRETARY OF COMMERCE.(Knapp, Cody) (Entered: 12/12/2022)
2023-01-0632ORDER directing parties to file joint status report on or before March 3, 2023 . Signed by Judge Colleen Kollar-Kotelly on January 6, 2023. (lcckk1) (Entered: 01/06/2023)
2023-01-06Set/Reset Deadlines: Joint Status Report due by 3/3/2023. (dot) (Entered: 01/06/2023)
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by FOIA Project Staff
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