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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. UNITED STATES DEPARTMENT OF ENERGY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01828
Date Filed2022-06-27
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionThe Functional Government Initiative submitted a FOIA request to the Department of Energy for records concerning the release or potential release from the Strategic Petroleum Reserve. FGI also requested a fee waiver. The agency acknowledged receipt of the request and granted FGI a fee waiver. After hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF ENERGY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-271COMPLAINT against DEPARTMENT OF ENERGY ( Filing fee $ 402 receipt number ADCDC-9332900) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit FOIA from FGI to Department of Energy, # 2 Exhibit FGI Email Inquiries April 14 & 19, 2022, # 3 Exhibit FGI Request for Update May 5, 2022, # 4 Summons U.S. Attorney General, # 5 Summons U.S. Attorney's Office for D.C., # 6 Summons Depart. of Energy Office of Gen Counsel, # 7 Civil Cover Sheet)(Goeken, Richard) (Entered: 06/27/2022)
2022-06-27Case Assigned to Judge John D. Bates. (zsb) (Entered: 06/27/2022)
2022-06-272SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF ENERGY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 06/27/2022)
2022-08-013RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 1, 2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/30/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 7/30/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 7/1/2022 (Goeken, Richard) Modified on 8/3/2022 to correct date served(zjm). (Entered: 08/01/2022)
2022-08-024WITHDRAWN PURSUANT TO MINUTE ORDER FILED ON 08/08/2022.....AFFIDAVIT FOR DEFAULT by FUNCTIONAL GOVERNMENT INITIATIVE. (Goeken, Richard) Modified on 8/3/2022 to correct event type(zjm). Modified on 8/10/2022 (tb). (Entered: 08/02/2022)
2022-08-03MINUTE ORDER: Defendant is hereby ORDERED to explain why service was not properly made in this case or respond to 1 the complaint by not later than August 17, 2022. SO ORDERED. Signed by Judge John D. Bates on 8/3/2022. (lcjdb2) (Entered: 08/03/2022)
2022-08-03Set/Reset Deadlines: Defendant is ORDERED to explain why service was not properly made in this case or respond to the complaint 1 by 8/17/2022. (jth) (Entered: 08/03/2022)
2022-08-085RESPONSE TO ORDER OF THE COURT re Order filed by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Exhibit (Tracking Information))(Hudak, Brian) (Entered: 08/08/2022)
2022-08-086REPLY re 5 RESPONSE TO ORDER OF THE COURT filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Goeken, Richard) Modified on 8/10/2022 to correct docket text (zjm). (Entered: 08/08/2022)
2022-08-09MINUTE ORDER: Upon consideration of 6 plaintiff's reply to the response to court order, and the entire record herein, it is hereby ORDERED that 4 plaintiff's request for default judgment is WITHDRAWN AS MOOT. SO ORDERED. Signed by Judge John D. Bates on 8/9/2022. (lcjdb2) (Entered: 08/09/2022)
2022-08-197CERTIFICATE OF SERVICE by FUNCTIONAL GOVERNMENT INITIATIVE Affidavit of Service of Process as to All Defendants . (Goeken, Richard) (Entered: 08/19/2022)
2022-08-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/11/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 9/10/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/01/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF ENERGY served on 7/1/2022 (See Docket Entry 7 to view document) (zjm) (Entered: 08/23/2022)
2022-09-079NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Brian Hudak (Jones, Sian) (Entered: 09/07/2022)
2022-09-0810Unopposed MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF ENERGY. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/08/2022)
2022-09-08MINUTE ORDER: Upon consideration of 10 defendant's unopposed motion for extension of time, and the entire record herein, it is hereby ORDERED that defendant's motion is GRANTED; and it is further ORDERED that defendant shall respond to 1 the complaint by not later than October 12, 2022. SO ORDERED. Signed by Judge John D. Bates on 9/8/2022. (lcjdb2) (Entered: 09/08/2022)
2022-09-12Set/Reset Deadlines: Answer due by 10/12/2022. (tb) (Entered: 09/12/2022)
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by FOIA Project Staff
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