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Case TitlePROTECT THE PUBLIC'S TRUST v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02486
Date Filed2021-09-23
Date Closed2024-04-12
JudgeJudge Amy Berman Jackson
PlaintiffPROTECT THE PUBLIC'S TRUST
Case DescriptionProtect the Public's Trust submitted a FOIA request to the Department of Energy for records concerning communications to, from, or pertaining to Kelly Speakes-Backman, head of the agency's Office of Energy Efficiency and Renewable Energy. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-231COMPLAINT against PROTECT THE PUBLIC'S TRUST ( Filing fee $ 402 receipt number ADCDC-8752389) filed by PROTECT THE PUBLIC'S TRUST. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (Proposed to Defendant, US Attorney, and US Attorney General))(Hardin, Matthew) (Entered: 09/23/2021)
2021-09-23Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 09/23/2021)
2021-09-242SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 09/24/2021)
2021-10-203NOTICE of Appearance by Christopher Cochran Horner on behalf of PROTECT THE PUBLIC'S TRUST (Horner, Christopher) (Main Document 3 replaced on 10/21/2021) (rj). Modified on 10/21/2021 to flatten pdf (rj). (Entered: 10/20/2021)
2021-10-254NOTICE of Appearance by April Denise Seabrook on behalf of UNITED STATES DEPARTMENT OF ENERGY (Seabrook, April) (Entered: 10/25/2021)
2021-11-055Consent MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF ENERGY. (Seabrook, April) (Entered: 11/05/2021)
2021-11-05MINUTE ORDER granting 5 Motion for Extension of Time. Defendant must file an answer to the complaint or otherwise respond by November 19, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/05/2021. (lcabj2) (Entered: 11/05/2021)
2021-11-196ANSWER to Complaint by UNITED STATES DEPARTMENT OF ENERGY.(Seabrook, April) (Entered: 11/19/2021)
2021-11-227ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before December 20, 2021. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/22/2021. (lcabj2) (Entered: 11/22/2021)
2021-12-168STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Seabrook, April) (Entered: 12/16/2021)
2021-12-17MINUTE ORDER. In light of 8 defendant's status report, defendant must submit another status report by February 18, 2022. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/17/2021. (lcabj2) (Entered: 12/17/2021)
2022-02-189STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Seabrook, April) (Entered: 02/18/2022)
2022-02-2110RESPONSE re 9 Status Report filed by PROTECT THE PUBLIC'S TRUST. (Hardin, Matthew) (Entered: 02/21/2022)
2022-02-2211RESPONSE re 10 Response to Document Regarding Defendant's February Status Report filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit 1 to 3 - Emails)(Seabrook, April) (Entered: 02/22/2022)
2022-02-22MINUTE ORDER. Defendant must make its first production by February 28, and continue to make rolling productions on the 28th of each month thereafter, processing at least 300 pages per month. With each release, defendant will provide the plaintiff with an index of non-responsive attachments. The next status report will be due on March 31, 2022. The Court understands the plaintiff's frustration, but it is not inclined to alter its ordinary procedures or summon the parties to the courthouse because the production in this case which was supposed to begin during the height of the impact of the omicron variant got off to a slow start. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/22/2022. (lcabj2) (Entered: 02/22/2022)
2022-04-0112NOTICE of Non-Filing of Status Report by PROTECT THE PUBLIC'S TRUST re Order,,, Set Deadlines,, (Hardin, Matthew) (Entered: 04/01/2022)
2022-04-0113STATUS REPORT and Response to Plaintiff's Notice by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit - FOIA Response Letter)(Seabrook, April) (Entered: 04/01/2022)
2022-04-04NOTICE OF ERROR re 13 Status Report; emailed to april.seabrook@usdoj.gov, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part document; second docket entry is required, 2. Please note the following deficiency and file/refile document as instructed (zjf). (Entered: 04/04/2022)
2022-04-0414RESPONSE re 12 Notice (Other) filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit - FOIA Response Letter)(Seabrook, April) (Entered: 04/04/2022)
2022-04-0415REPLY re 12 NOTICE of Non-Filing of Status Report filed by PROTECT THE PUBLIC'S TRUST. (Hardin, Matthew) Modified on 4/4/2022 to add docket link (zjf). (Entered: 04/04/2022)
2022-04-04MINUTE ORDER. In light of the 14 status report and given the production delays, defendant must submit another status report by April 29, 2022. Plaintiff's request for a status conference will be DENIED at this time. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/04/2022. (lcabj2) (Entered: 04/04/2022)
2022-04-2716STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Seabrook, April) (Entered: 04/27/2022)
2022-04-28MINUTE ORDER. In light of defendant's 16 status report, it is ORDERED that defendant must submit another status report by June 14, 2022. Signed by Judge Amy Berman Jackson on 04/28/2022. (lcabj2) (Entered: 04/28/2022)
2022-06-1417STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Seabrook, April) (Entered: 06/14/2022)
2022-06-14MINUTE ORDER. In light of defendant's 17 status report, it is ORDERED that defendant must submit another status report by September 13, 2022. Signed by Judge Amy Berman Jackson on 06/14/2022. (lcabj2) (Entered: 06/14/2022)
2022-09-0118NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney April Seabrook (Caplen, Robert) (Entered: 09/01/2022)
2022-09-1319STATUS REPORT by UNITED STATES DEPARTMENT OF ENERGY. (Caplen, Robert) (Entered: 09/13/2022)
2022-09-13MINUTE ORDER. In light of the 19 status report, it is ORDERED that defendant's motion for summary judgment is due by November 4, 2022; plaintiff's opposition and cross motion, if any, to be supported by a single memorandum of points and authorities, is due by December 6, 2022; defendant's reply and cross opposition, if any, to be supported by a single memorandum of points and authorities, is due by January 6, 2023; and plaintiff's cross reply, if any, is due by February 3, 2023. Signed by Judge Amy Berman Jackson on 09/13/2022. (lcabj2) (Entered: 09/13/2022)
2022-10-3120Consent MOTION for Extension of Time to Briefing Deadlines Set Forth in the Court's September 13, 2022, Minute Order by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 10/31/2022)
2022-11-02MINUTE ORDER granting 20 Motion for Extension of Time. It is ORDERED that defendant's motion for summary judgment is due by December 2, 2022; plaintiff's opposition and cross motion, if any, to be supported by a single memorandum of points and authorities, is due by January 6, 2023; defendant's reply and cross opposition, if any, to be supported by a single memorandum of points and authorities, is due by February 3, 2023; and plaintiff's cross reply, if any, is due by March 3, 2023. Signed by Judge Amy Berman Jackson on 11/02/2022. (lcabj2) (Entered: 11/02/2022)
2022-12-0121Consent MOTION for Extension of Time to Briefing Deadlines Set Forth in the Court's November 2, 2022, Minute Order by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 12/01/2022)
2022-12-02MINUTE ORDER granting 21 Motion for Extension of Time. It is ORDERED that defendant's motion for summary judgment is due by December 9, 2022; plaintiff's opposition and cross motion, if any, to be supported by a single memorandum of points and authorities, is due by January 20, 2023; defendant's reply and cross opposition, if any, to be supported by a single memorandum of points and authorities, is due by February 17, 2023; and plaintiff's cross reply, if any, is due by March 17, 2023. Given the expansive nature of the schedule, the parties will need good cause for future extensions. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/02/2022. (lcabj2) (Entered: 12/02/2022)
2022-12-0922MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Alexander C. Morris, # 4 Exhibit 1, # 5 Declaration of Susan Beard, # 6 Vaughn Index, # 7 Text of Proposed Order)(Caplen, Robert) (Entered: 12/09/2022)
2023-01-2023ENTERED IN ERROR.....Memorandum in opposition to re 22 Motion for Summary Judgment, filed by PROTECT THE PUBLIC'S TRUST. (Attachments: # 1 Statement of Facts)(Hardin, Matthew) Modified on 1/24/2023 (zjm). (Entered: 01/20/2023)
2023-01-24NOTICE OF ERROR regarding 23 Memorandum in Opposition. The following error(s) need correction: Incorrect case number. Please refile. (zjm) (Entered: 01/24/2023)
2023-01-2424RESPONSE re 22 MOTION for Summary Judgment (Corrected per Order of the Court) filed by PROTECT THE PUBLIC'S TRUST. (Attachments: # 1 Statement of Facts)(Hardin, Matthew) (Entered: 01/24/2023)
2023-02-0125NOTICE OF SUBSTITUTION OF COUNSEL by Matthew J. Troy on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney Robert A. Caplen (Troy, Matthew) (Entered: 02/01/2023)
2023-02-1726REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit Supplemental Vaughn Index, # 2 Exhibit Supplemental Vaughn Index Redline, # 3 Exhibit Supplemental Morris Declaration)(Troy, Matthew) (Entered: 02/17/2023)
2023-04-2727NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Alan Schiffer on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney Matthew Troy (Schiffer, Daniel) (Entered: 04/27/2023)
2023-08-0128NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF ENERGY. Attorney Daniel Alan Schiffer terminated. (Schiffer, Daniel) (Entered: 08/01/2023)
2023-08-0129NOTICE of Appearance by Brian P. Hudak on behalf of UNITED STATES DEPARTMENT OF ENERGY (Hudak, Brian) (Entered: 08/01/2023)
2023-08-0230NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez Horowitz on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney Brian P. Hudak (Gonzalez Horowitz, Brenda) (Entered: 08/02/2023)
2024-03-28MINUTE ORDER. It is ORDERED that in order to assist the Court in making a responsible de novo determination, defendant is directed to deliver to chambers for in camera inspection the following documents that have been withheld from plaintiff or that have been provided to plaintiffs with redactions, on or before 12:00 PM on March 29, 2024: Bates Nos. 000035-36, 000049-51, 000086-90, 000113-35, 000136, 000137, 000304, and 000306. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). It is further ordered that any redactions to the documents shall be identified with red boxes around the text so the information withheld from plaintiff is easily identifiable. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/28/2024. (lcabj2) (Entered: 03/28/2024)
2024-03-28Set/Reset Deadlines: In-Camera Submission due by 3/29/2024. (znbn) (Entered: 03/28/2024)
2024-03-2831NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of UNITED STATES DEPARTMENT OF ENERGY Substituting for attorney Brenda Gonzalez Horowitz (Ontell, Joshua) (Entered: 03/28/2024)
2024-03-3032ORDER granting 22 Motion for Summary Judgment. Pursuant to Federal Rule of Civil Procedure 56 and 58 and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that defendants' 22 motion for summary judgment is GRANTED and the above-captioned case is DISMISSED. This is a final appealable order. Signed by Judge Amy Berman Jackson on 3/30/2024. (lcabj2) (Entered: 03/30/2024)
2024-03-3033MEMORANDUM AND OPINION. Signed by Judge Amy Berman Jackson on 3/30/2024. (lcabj2) (Entered: 03/30/2024)
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