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Case TitleENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01497
Date Filed2022-05-27
Date Closed2023-10-23
JudgeJudge Trevor N. McFadden
PlaintiffENERGY POLICY ADVOCATES
Case DescriptionEnergy Policy Advocates submitted two FOIA requests to the Securities and Exchange Commission for records concerning communications sent to or from four SEC officials that were also sent to four White House officials. EPA also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, EPA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

Defendant2255
SECURITIES AND EXCHANGE COMMISSION
DefendantSECURITIES AND EXCHANGE COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-271COMPLAINT against SECURITIES AND EXCHANGE COMMISSION ( Filing fee $ 402 receipt number ADCDC-9267048) filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Summons Proposed to US Attorney, US Attorney General, and SEC, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 05/27/2022)
2022-05-292NOTICE of Appearance by Christopher Cochran Horner on behalf of ENERGY POLICY ADVOCATES (Horner, Christopher) (Main Document 2 flattened and replaced on 5/31/2022.) (ztnr) (Entered: 05/29/2022)
2022-05-31Case Assigned to Judge Trevor N. McFadden. (zmh) (Entered: 05/31/2022)
2022-05-313SUMMONS (3) Issued Electronically as to SECURITIES AND EXCHANGE COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 05/31/2022)
2022-05-314STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/31/22. (lctnm3) (Entered: 05/31/2022)
2022-06-275NOTICE of Appearance by Mary Alexandra Verdi on behalf of SECURITIES AND EXCHANGE COMMISSION (Verdi, Mary) (Entered: 06/27/2022)
2022-06-276MOTION for Extension of Time to File Answer by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Text of Proposed Order on Consent Motion for Enlargement of Time to Respond to Complaint)(Verdi, Mary) (Entered: 06/27/2022)
2022-06-27MINUTE ORDER granting the Government's 6 Motion for Extension of Time. The Government shall now respond to the 1 Complaint on or before July 25, 2022. The Parties are directed to Paragraph 9(A) of the Court's 4 Standing Order requiring motions for extension of time to be filed at least four days prior to the first affected deadline. Future extension requests that do not comply with this rule will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/27/2022. (lctnm3) (Entered: 06/27/2022)
2022-06-27Set/Reset Deadlines: Answer due by 7/25/2022. (hmc) (Entered: 06/27/2022)
2022-07-217ANSWER to Complaint by SECURITIES AND EXCHANGE COMMISSION.(Verdi, Mary) (Entered: 07/21/2022)
2022-07-21MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before August 22, 2022. Signed by Judge Trevor N. McFadden on 7/21/2022. (lctnm3) (Entered: 07/21/2022)
2022-07-21Set/Reset Deadlines: Proposed Briefing Schedule due by 8/22/2022. (ztg) (Entered: 07/21/2022)
2022-08-228Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 08/22/2022)
2022-08-22MINUTE ORDER: Upon consideration of the 8 Joint Status Report, the parties are ORDERED to file another Joint Status Report on or before September 21, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/22/2022. (lctnm3) (Entered: 08/22/2022)
2022-08-23Set/Reset Deadlines: Joint Status Report due by 9/21/2022. (hmc) (Entered: 08/23/2022)
2022-09-219Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 09/21/2022)
2022-09-21MINUTE ORDER: Upon consideration of the 9 Joint Status Report, the Court ORDERS the parties to file another Joint Status Report on or before October 21, 2022 updating the Court on the status of this case and proposing a briefing schedule for dispositive motions, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/21/2022. (lctnm3) (Entered: 09/21/2022)
2022-09-22Set/Reset Deadlines: Joint Status Report due by 10/21/2022. (hmc) (Entered: 09/22/2022)
2022-10-1910Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 10/19/2022)
2022-10-19MINUTE ORDER: Upon consideration of the 10 Joint Status Report, the Court ORDERS the parties to file another Joint Status Report on or before November 21, 2022 updating the Court on the status of this case and proposing a briefing schedule for dispositive motions, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/19/2022. (lctnm3) (Entered: 10/19/2022)
2022-10-20Set/Reset Deadlines: Joint Status Report due by 11/21/2022. (hmc) (Entered: 10/20/2022)
2022-11-2111Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 11/21/2022)
2022-11-21MINUTE ORDER: Upon consideration of the 11 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before December 21, 2022 updating the Court on the status of this case and proposing a briefing schedule for dispositive motions, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/21/2022. (lctnm3) (Entered: 11/21/2022)
2022-11-22Set/Reset Deadlines: Joint Status Report due by 12/21/2022. (hmc) (Entered: 11/22/2022)
2022-12-2112Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 12/21/2022)
2022-12-21MINUTE ORDER: Upon consideration of the 12 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before January 20, 2023 notifying the Court whether dispositive motions are necessary and proposing a briefing schedule, if needed. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/21/2022. (lctnm3) (Entered: 12/21/2022)
2022-12-22Set/Reset Deadlines: Joint Status Report due by 1/20/2023. (hmc) (Entered: 12/22/2022)
2023-01-2013Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 01/20/2023)
2023-01-23MINUTE ORDER: Upon consideration of the 13 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before February 20, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/23/2023. (lctnm3) (Entered: 01/23/2023)
2023-01-23Set/Reset Deadlines: Joint Status Report due by 2/20/2023. (hmc) (Entered: 01/23/2023)
2023-02-2114Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 02/21/2023)
2023-02-21MINUTE ORDER: Upon consideration of the 14 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before March 22, 2023. The parties shall also appear for a telephonic status conference on April 6, 2023 at 4:00 PM. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/21/2023. (lctnm3) (Entered: 02/21/2023)
2023-02-22Set/Reset Deadlines/Hearings: Joint Status Report due by 3/22/2023, Telephonic Status Conference set for 4/6/2023 at 4:00 PM before Judge Trevor N. McFadden. (hmc) (Entered: 02/22/2023)
2023-03-2215Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 03/22/2023)
2023-03-22MINUTE ORDER: After considering the 15 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before April 21, 2023 informing the Court of the status of this case. The telephonic hearing previously scheduled for April 6, 2023 is RESCHEDULED to April 26, 2023 at 2:00 PM. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2023. (lctnm3) (Entered: 03/22/2023)
2023-03-22Set/Reset Deadlines/Hearings: Joint Status Report due by 4/21/2023. Telephonic Status Conference rescheduled to 4/26/2023 at 2:00 PM before Judge Trevor N. McFadden. (hmc) (Entered: 03/22/2023)
2023-04-2116Joint STATUS REPORT by SECURITIES AND EXCHANGE COMMISSION. (Verdi, Mary) (Entered: 04/21/2023)
2023-04-21MINUTE ORDER: After considering the 16 Joint Status Report, the parties are hereby ORDERED to comply with the following briefing schedule. The Government shall file its Motion for Summary Judgment on or before June 2, 2023. Plaintiff shall file a combined Opposition and Cross-Motion (if any) on or before June 30, 2023. The Government shall file a combined Reply and Opposition on or before July 14, 2023. Plaintiff shall file any Reply, if any, on or before July 28, 2023. The telephonic status conference previously scheduled for April 26 is hereby VACATED. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/21/2023. (lctnm3) (Entered: 04/21/2023)
2023-04-25Set/Reset Deadlines: Government's Motion for Summary Judgment due by June 2, 2023. Plaintiff's combined Opposition and Cross-Motion (if any) due by June 30, 2023. Government's combined Reply and Opposition due by July 14, 2023. Plaintiff's Reply, if any, due by July 28, 2023. (hmc) (Entered: 04/25/2023)
2023-06-0217MOTION for Summary Judgment by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Carrie Hyde-Michaels, # 3 Declaration of Mark Tallarico, # 4 Exhibit 1 (Vaughn Index), # 5 Memorandum in Support, # 6 Text of Proposed Order)(Verdi, Mary) (Entered: 06/02/2023)
2023-06-3018Memorandum in opposition to re 17 MOTION for Summary Judgment and Counter Statement of Material Facts filed by ENERGY POLICY ADVOCATES. (Attachments: # 1 Affidavit of Matthew Hardin, # 2 Exhibit 1 (SEC Correspondence))(Hardin, Matthew) Modified docket event/text on 6/30/2023 (zed). (Entered: 06/30/2023)
2023-07-1419REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by SECURITIES AND EXCHANGE COMMISSION. (Attachments: # 1 Declaration (Supplemental) of Carrie Hyde-Michaels, # 2 Declaration of Elizabeth Murphy)(Verdi, Mary) (Entered: 07/14/2023)
2023-10-2320MEMORANDUM OPINION re 17 Motion for Summary Judgment. See attached Opinion for details. Signed by Judge Trevor N. McFadden on 10/23/2023. (lctnm2) (Entered: 10/23/2023)
2023-10-2321ORDER GRANTING 17 Motion for Summary Judgment. The Clerk shall close this case. Signed by Judge Trevor N. McFadden on 10/23/2023. (lctnm2) (Entered: 10/23/2023)
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