| Date Filed | Doc # | Docket Text |
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| 2022-03-24 | 1 | COMPLAINT against Tennessee Valley Authority ( Filing fee $ 402 receipt number ATNEDC-5014536.), filed by Southern Environmental Law Center. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Attorney General, # 3 Summons TVA Chief Executive Officer, # 4 Summons ED TN United States Attorney, # 5 Other Corporate Disclosure Statement, # 6 Exhibit 1-Original FOIA Request, # 7 Exhibit 2-Cumberland Precedent Agreement, # 8 Exhibit 3-Ridgeline Precedent Agreement, # 9 Exhibit 4-Final Determination Letter, # 10 Exhibit 5-FOIA Administrative Appeal, # 11 Exhibit 6-FOIA Appellate Determination)(Garcia, Amanda) (Attachment 2 - 4 replaced on 3/24/2022 due to editable form) (AMP). (Entered: 03/24/2022) |
| 2022-03-24 | | District Judge Clifton L Corker and Magistrate Judge Debra C Poplin added. (AMP) (Entered: 03/24/2022) |
| 2022-03-24 | 2 | NOTICE of Deficiency (PDF): Summons filed in an editable form. (AMP) (Entered: 03/24/2022) |
| 2022-03-25 | 3 | Administrative Notice to Counsel: Please refile the Disclosure Statement using the event Certificate of Corporate Interest under Other Documents. Requirements due by 3/30/2022 . (AMP) (Entered: 03/25/2022) |
| 2022-03-25 | 4 | Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons Tennessee Valley Authority, # 2 Summons United States Attorney) (AMP) (Entered: 03/25/2022) |
| 2022-03-25 | 5 | Order Governing Depositions. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022) |
| 2022-03-25 | 6 | Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022) |
| 2022-03-25 | 7 | Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022) |
| 2022-03-28 | 8 | Certificate of Corporate Interest by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 03/28/2022) |
| 2022-04-13 | 9 | MOTION for Leave to Appear Pro Hac Vice George Nolan by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(Garcia, Amanda) (Entered: 04/13/2022) |
| 2022-04-13 | 10 | AFFIDAVIT of Service for Summons and Complaint served on Attorney General Merrick B. Garland on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022) |
| 2022-04-13 | 11 | AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. Hamilton III on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022) |
| 2022-04-13 | 12 | AFFIDAVIT of Service for Summons and Complaint served on Tennessee Valley Authority CEO Jeffrey J. Lyash on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022) |
| 2022-04-13 | | Clerk's Verification of PHV Requirements is complete regarding 9 MOTION for George Nolan to Appear Pro Hac Vice (AYB) (Entered: 04/13/2022) |
| 2022-04-13 | 13 | MOTION for Leave to Appear Pro Hac Vice Daniel J. Metzger by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(Garcia, Amanda) (Entered: 04/13/2022) |
| 2022-04-14 | | Clerk's Verification of PHV Requirements is complete regarding 13 MOTION for Daniel J. Metzger to Appear Pro Hac Vice (AYB) (Entered: 04/14/2022) |
| 2022-04-14 | 14 | ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf ; granting 13 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 4/14/2022. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 04/14/2022) |
| 2022-04-15 | 15 | STIPULATION re 1 Complaint,, Extension of Time to Respond by Tennessee Valley Authority. (Ayliffe, David) (Entered: 04/15/2022) |
| 2022-05-18 | 16 | ANSWER to 1 Complaint,, by Tennessee Valley Authority. (Attachments: # 1 October 28, 2021 FOIA Correspondence)(Chin, Steven) (Entered: 05/18/2022) |
| 2022-05-18 | 17 | ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on May 18, 2022. (Attachments: # 1 Other Notice of Consent / Non-consent) (AYB) (Entered: 05/18/2022) |
| 2022-05-19 | 18 | ORDER: Generally, scheduling orders will be entered by the Court after a telephonic scheduling conference unless otherwise requested by the parties. It is therefore ORDERED: As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiff's counsel, for the purpose of considering the nature and basis of their claims and defenses. (Rule 26 Meeting Report due by 7/3/2022 ). Signed by District Judge Clifton L Corker on 5/19/2022. (LCK) (Entered: 05/19/2022) |
| 2022-05-20 | 19 | MOTION to Intervene by East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022) |
| 2022-05-20 | 20 | BRIEF in Support of 19 MOTION to Intervene filed by East Tennessee Natural Gas, LLC. (Attachments: # 1 Exhibit A)(ADA) (Entered: 05/20/2022) |
| 2022-05-20 | 21 | Certificate of Corporate Interest by East Tennessee Natural Gas, LLC identifying Corporate Parent Spectra Energy Partners, LP, Corporate Parent Enbridge Inc for East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022) |
| 2022-05-20 | 22 | MOTION for Leave for Jamie Tabb to Appear Pro Hac Vice (Filing fee $ 90.00 paid receipt #K3044824) by East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022) |
| 2022-05-20 | | Clerk's Verification of PHV Requirements is complete regarding document: 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00.) filed by East Tennessee Natural Gas, LLC (ADA) (Entered: 05/20/2022) |
| 2022-05-23 | 23 | ORDER granting 22 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 5/23/2022. (This entry constitutes the complete Order of the Court). (AGA) Modified on 5/23/2022 to note copy mailed to Jamie F Tabb c/o Vinson & Elkins LLP (DC), 2200 Pennsylvania Avenue NW, Suite 500W, Washington, DC 20037) (AYB). (Entered: 05/23/2022) |
| 2022-05-26 | 24 | ORDER, the Court GRANTS the Unopposed Motion to Intervene 19 . Signed by Magistrate Judge Debra C. Poplin on 5/26/22. (ADA) (Entered: 05/26/2022) |
| 2022-05-27 | 25 | MOTION for Summary Judgment by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 05/27/2022) |
| 2022-05-27 | 26 | MEMORANDUM in Support of Motion re 25 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 05/27/2022) |
| 2022-05-27 | 27 | STATEMENT of Material Facts re 25 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 05/27/2022) |
| 2022-05-31 | 28 | ANSWER to 1 Complaint,, by East Tennessee Natural Gas, LLC.(Tabb, Jamie) (Entered: 05/31/2022) |
| 2022-05-31 | 29 | MOTION to Intervene by Tennessee Gas Pipeline Company, L.L.C.. (Attachments: # 1 Exhibit 1 - Proposed Answer, # 2 Exhibit 2 - Declaration of Troutman)(Stagg, Michael) (Entered: 05/31/2022) |
| 2022-05-31 | 30 | MEMORANDUM in Support of Motion re 29 MOTION to Intervene filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 05/31/2022) |
| 2022-05-31 | 31 | Certificate of Corporate Interest by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 05/31/2022) |
| 2022-06-01 | 32 | RESPONSE to Motion re 29 MOTION to Intervene filed by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 06/01/2022) |
| 2022-06-07 | 33 | ORDER granting 29 Motion to Intervene. Tennessee Gas SHALL file its operative Answer [Doc. 29-1] in CM/ECF on or before June 13, 2022. Signed by Magistrate Judge Debra C Poplin on 6/7/22. (JBR) (Entered: 06/07/2022) |
| 2022-06-09 | 34 | STIPULATION regarding briefing schedule by Tennessee Valley Authority. (Chin, Steven) (Entered: 06/09/2022) |
| 2022-06-10 | 35 | ORDER Regarding Briefing Schedule. Signed by Magistrate Judge Debra C Poplin on 6/10/22. (ABF) (Entered: 06/10/2022) |
| 2022-06-10 | 36 | ANSWER to 1 Complaint,, by Tennessee Gas Pipeline Company, L.L.C..(Stagg, Michael) (Entered: 06/10/2022) |
| 2022-06-10 | 37 | ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Clifton L Corker on 6/10/22. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 06/10/2022) |
| 2022-06-23 | 38 | NOTICE OF NONCONSENT by Southern Environmental Law Center (Garcia, Amanda) (Entered: 06/23/2022) |
| 2022-06-23 | 39 | REPORT of Rule 26(f) Planning Meeting. (Garcia, Amanda) (Entered: 06/23/2022) |
| 2022-07-12 | 40 | Unopposed Joint Stipulation of Partial Settlement and Joint MOTION to Narrow Matters in Controversy and Amend Plaintiff's Pleadings by Tennessee Valley Authority. (Chin, Steven) Modified on 7/12/2022 (AYB). (Entered: 07/12/2022) |
| 2022-07-12 | 41 | PROPOSED Agreed Order regarding Joint MOTION to Narrow Matters in Controversy and Amend Plaintiff's Pleadings by Tennessee Valley Authority. (Attachments: # 1 Other Exhibit 3 to the Complaint)(Chin, Steven) Modified text on 7/12/2022 (AYB). (Entered: 07/12/2022) |
| 2022-07-14 | 42 | Unopposed Joint Stipulation of Partial Settlement and Joint MOTION to Narrow Matters in Controversy and Amend Plaintiff's Pleadings by Tennessee Valley Authority. (Attachments: # 1 Other Agreed Order, # 2 Other Exhibit 2 to the Complaint) (Chin, Steven) Modified text on 7/15/2022 (AYB). (Entered: 07/14/2022) |
| 2022-07-15 | 43 | Cross MOTION for Summary Judgment by East Tennessee Natural Gas, LLC. (Tabb, Jamie) (Entered: 07/15/2022) |
| 2022-07-15 | 44 | MEMORANDUM in Support of Motion re 43 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiff's Motion for Summary Judgment filed by East Tennessee Natural Gas, LLC. (Attachments: # 1 Other Declaration of Anne N. Moore)(Tabb, Jamie) (Entered: 07/15/2022) |
| 2022-07-15 | 45 | STATEMENT of Material Facts re 43 Cross MOTION for Summary Judgment and Response to Plaintiff's Statement of Undisputed Facts filed by East Tennessee Natural Gas, LLC. (Tabb, Jamie) (Entered: 07/15/2022) |
| 2022-07-15 | 46 | Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/15/2022) |
| 2022-07-15 | 47 | AFFIDAVIT in Support re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit TVA FOIA Letter, # 2 Exhibit TVA FOIA Letter, # 3 Exhibit East Tennessee FOIA Response, # 4 Exhibit East Tennessee Supplemental FOIA Response, # 5 Exhibit Tennessee Gas FOIA Response, # 6 Exhibit Emails between TVA and SELC, # 7 Exhibit SELC Email Appeal)(Chin, Steven) (Entered: 07/15/2022) |
| 2022-07-15 | 48 | STATEMENT of Material Facts re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Responses to Plaintiff's Statement of Undisputed Facts filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/15/2022) |
| 2022-07-15 | 49 | MEMORANDUM in Support of Motion re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/15/2022) |
| 2022-07-15 | 50 | RESPONSE in Opposition re 25 MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022) |
| 2022-07-15 | 51 | RESPONSE to Statement of Material Facts re 27 Statement of Material Facts filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022) |
| 2022-07-15 | 52 | Cross MOTION for Summary Judgment by Tennessee Gas Pipeline Company, L.L.C.. (Attachments: # 1 Exhibit 1 - Declaration of H. Preston Troutman)(Stagg, Michael) (Entered: 07/15/2022) |
| 2022-07-15 | 53 | STATEMENT of Material Facts re 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022) |
| 2022-07-15 | 54 | MEMORANDUM in Support of Motion re 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022) |
| 2022-08-04 | 55 | RESPONSE in Opposition re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 52 Cross MOTION for Summary Judgment , 43 Cross MOTION for Summary Judgment filed by Southern Environmental Law Center. (Garcia, Amanda) Modified on 8/5/2022 to note that the attached document was signed by co-counsel George Nolan (ADA). (Entered: 08/04/2022) |
| 2022-08-04 | 56 | RESPONSE to Statement of Material Facts re 48 Statement of Material Facts, 53 Statement of Material Facts, 45 Statement of Material Facts filed by Southern Environmental Law Center. (Garcia, Amanda) Modified on 8/5/2022 to note that the attached document was signed by co-counsel George Nolan (ADA). (Entered: 08/04/2022) |
| 2022-08-05 | 57 | Administrative/Informational Notice to Counsel re e-signature as to 55 Response in Opposition to Motion and 56 Response to Statement of Material Facts(ADA) (Entered: 08/05/2022) |
| 2022-08-19 | 58 | REPLY to Response to Motion re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 08/19/2022) |
| 2022-08-19 | 59 | REPLY to Response to Motion re 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 08/19/2022) |
| 2022-08-19 | 60 | REPLY to Response to Motion re 43 Cross MOTION for Summary Judgment filed by East Tennessee Natural Gas, LLC. (Tabb, Jamie) (Entered: 08/19/2022) |
| 2023-02-07 | 61 | ORDER granting 40 Motion to Amend/Correct; granting 42 Motion to Amend/Correct. The Court finds the parties' Unopposed Joint Motions [Docs. 40, 42] well-taken and GRANTED . The Court will consider the parties' pending motions and cross-motions for summary judgment as addressing only those sections that remain in dispute. See Order for details. Signed by District Judge Clifton L Corker on 02/07/2023. (CAT) (Entered: 02/07/2023) |
| 2023-03-07 | 62 | MEMORANDUM OPINION AND ORDER: Granting 43 Cross MOTION for Summary Judgment filed by East Tennessee Natural Gas, LLC, 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority and 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C. Denying 25 MOTION for Summary Judgment filed by Southern Environmental Law Center. A separate judgment shall issue. See Memorandum for details. Signed by District Judge Clifton L Corker on 3/7/2023. (LCK) (Entered: 03/07/2023) |
| 2023-03-07 | 63 | JUDGMENT re 62 Memorandum Opinion and Order. This case came before the Court on the parties' Motions for Summary Judgment [Docs. 25, 43, 46, 52]. For the reasons stated in the accompanying Memorandum Opinion and Order, Defendant's and Intervenor-Defendant's Motions for Summary Judgment [Docs. 43, 46, 52] are GRANTED, and Plaintiff's Motion for Summary Judgment [Doc. 25] is DENIED. Accordingly, Plaintiff's case is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close this case. Signed by District Judge Clifton L Corker on 3/7/2023. (LCK) (Entered: 03/07/2023) |
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