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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02114
Date Filed2022-07-19
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning calendar entries for four senior agency officials. IER also requested a fee waiver. The agency acknowledged receipt of the request. The agency disclosed heavily redacted calendar entries, primarily under Exemption 5 (privileges). IER filed an administrative appeal. After hearing nothing further from the agency, IER filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-191COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9379663) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Summons Proposed to US Attorney, US Attorney General, and FERC, # 2 Civil Cover Sheet)(Hardin, Matthew) (Entered: 07/19/2022)
2022-07-19Case Assigned to Chief Judge Beryl A. Howell. (znmg) (Entered: 07/19/2022)
2022-07-192STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 19, 2022. (lcbah4) (Entered: 07/19/2022)
2022-07-203NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 07/20/2022)
2022-07-214SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsss) (Entered: 07/21/2022)
2022-08-125NOTICE of Appearance by Benton Gregory Peterson on behalf of FEDERAL ENERGY REGULATORY COMMISSION (Peterson, Benton) (Entered: 08/12/2022)
2022-08-226ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Peterson, Benton) (Entered: 08/22/2022)
2022-09-30MINUTE ORDER (paperless) DIRECTING plaintiff to SHOW CAUSE, by October 7, 2022, why this case should not be dismissed for failure to prosecute, given that more than four weeks have passed since defendant filed its 6 Answer, on August 22, 2022, and the parties have not filed a Joint Meet and Confer Report as required under this Court's 2 Standing Order, see id. para. 3.b. Signed by Chief Judge Beryl A. Howell on September 30, 2022. (lcbah4) (Entered: 09/30/2022)
2022-09-30Set/Reset Deadlines: Response to Show Cause due by 10/7/2022. (ztg) (Entered: 09/30/2022)
2022-10-067Joint STATUS REPORT by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 10/06/2022)
2022-10-06MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 7 Joint Status Report, the parties to submit, by November 7, 2022, a joint status report advising the Court of the status of their discussions concerning the resolution of this matter and proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on October 6, 2022. (lcbah4) (Entered: 10/06/2022)
2022-10-07Set/Reset Deadlines: Joint Status Report due by 11/7/2022. (ztg) (Entered: 10/07/2022)
2022-10-078RESPONSE TO ORDER TO SHOW CAUSE re Order, filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 10/07/2022)
2022-10-319NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of FEDERAL ENERGY REGULATORY COMMISSION Substituting for attorney Benton Peterson (Escher, Sam) (Entered: 10/31/2022)
2022-11-0710Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Escher, Sam) (Entered: 11/07/2022)
2022-11-0811MOTION for Summary Judgment by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Counsel (with exhibits), # 4 Exhibit A (to Declaration of Counsel), # 5 Exhibit B (to Declaration of Counsel), # 6 Exhibit C (to Declaration of Counsel), # 7 Exhibit D (to Declaration of Counsel), # 8 Exhibit E (to Declaration of Counsel), # 9 Exhibit F (to Declaration of Counsel), # 10 Exhibit G (to Declaration of Counsel))(Hardin, Matthew) (Entered: 11/08/2022)
2022-11-1712Consent MOTION for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 11/17/2022)
2022-11-17MINUTE ORDER (paperless) GRANTING the government's 12 Motion for Extension of Time; and ISSUING, in consideration of the government's 12 Motion for Extension of Time and the parties' 10 Joint Status Report, the following SCHEDULING ORDER: 1. By December 7, 2022, the parties shall file a joint status report advising the Court what disputes remain between the parties, and if so, proposing a schedule for further proceedings; 2. By December 16, 2022, the government shall file its response to plaintiffs motion for summary judgment; 3. By January 6, 2023, the plaintiff shall file any reply in support of its motion for summary judgment. Signed by Chief Judge Beryl A. Howell on November 17, 2022. (lcbah4) (Entered: 11/17/2022)
2022-11-18Set/Reset Deadlines: Joint Status Report due by 12/7/2022; government's response to motion for summary judgment due by 12/16/2022; plaintiff's reply in support of its motion for summary judgment due by 1/6/2023. (ztg) (Entered: 11/18/2022)
2022-12-0713Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Escher, Sam) (Entered: 12/07/2022)
2022-12-1614Memorandum in opposition to re 11 Motion for Summary Judgment,, filed by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Statement of Facts, # 2 Declaration of Sarah Venuto, # 3 Vaughn Index, # 4 Text of Proposed Order)(Escher, Sam) (Entered: 12/16/2022)
2022-12-1615Cross MOTION for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Memorandum of Law, # 2 Statement of Facts, # 3 Declaration of Sarah Venuto, # 4 Vaughn Index, # 5 Text of Proposed Order)(Escher, Sam) (Entered: 12/16/2022)
2022-12-2316REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Statement of Facts)(Hardin, Matthew) (Entered: 12/23/2022)
2022-12-2317Memorandum in opposition to re 15 Motion for Summary Judgment filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Statement of Facts)(Hardin, Matthew) (Entered: 12/23/2022)
2022-12-2918Unopposed MOTION for Extension of Time to Reply by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 12/29/2022)
2022-12-29MINUTE ORDER (paperless) GRANTING the government's 18 Unopposed Motion for Extension of Time to Reply, and DIRECTING the government to file any reply in support of its 15 Cross Motion for Summary Judgment by January 13, 2023. Signed by Chief Judge Beryl A. Howell on December 29, 2022. (lcbah4) (Entered: 12/29/2022)
2022-12-30Set/Reset Deadlines: Government's reply in support of its 15 Cross Motion for Summary Judgment due by 1/13/2023. (ztg) (Entered: 12/30/2022)
2023-01-1319REPLY to opposition to motion re 15 Cross MOTION for Summary Judgment filed by FEDERAL ENERGY REGULATORY COMMISSION. (Escher, Sam) (Entered: 01/13/2023)
2023-09-1920ORDER DENYING, without prejudice, plaintiff's 11 Motion for Summary Judgment, and GRANTING IN PART and DENYING IN PART, without prejudice, defendant's 15 cross-motion for summary judgment. See order for further details. Signed by Judge Beryl A. Howell on September 19, 2023. (lcbah4) (Entered: 09/19/2023)
2023-09-1921MEMORANDUM OPINION regarding plaintiff's 11 Motion for Summary Judgment and defendant's 15 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 19, 2023. (lcbah4) (Entered: 09/19/2023)
2023-09-19Set/Reset Deadlines: Parties Status Report due by 10/3/2023 (mac) (Entered: 09/19/2023)
2023-10-0322Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Escher, Sam) (Entered: 10/03/2023)
2023-10-30MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, the parties to submit, by December 6, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on October 30, 2023. (lcbah4) (Entered: 10/30/2023)
2023-10-31Set/Reset Deadlines: Parties Joint Status Report due by 12/6/2023 (mac) (Entered: 10/31/2023)
2023-12-0623Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Escher, Sam) (Entered: 12/06/2023)
2023-12-12MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to submit, by December 28, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on December 12, 2023. (lcbah4) (Entered: 12/12/2023)
2023-12-12Set/Reset Deadlines: Parties Joint Status Report due by 12/28/2023 (mac) (Entered: 12/12/2023)
2023-12-2624Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Escher, Sam) (Entered: 12/26/2023)
2023-12-29MINUTE ORDER (paperless), upon consideration of the schedule proposed in the parties' 24 Joint Status Report, ISSUING the following SCHEDULING ORDER: (1) By March 4, 2024, defendant shall file any motion for summary judgment; (2) By April 1, 2024, plaintiff shall file any combined cross-motion for summary judgment and opposition to defendant's motion; (3) By April 22, 2024, defendant shall file any combined opposition to plaintiff's motion and reply in support of defendant's motion; and (4) By May 13, 2024, plaintiff shall file any reply in support of its motion. Signed by Judge Beryl A. Howell on December 29, 2023. (lcbah4) (Entered: 12/29/2023)
2023-12-29Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 3/4/2024. Plaintiff Combined Cross-Motion For Summary Judgment And Opposition To Defendant's Motion due by 4/1/2024. Defendant Combined Opposition To Plaintiff's Motion And Reply In Support Of Defendant's Motion due by 4/22/2024. Plaintiff Reply In Support Of It's Motion due by 5/13/2024. (mac) (Entered: 12/29/2023)
2024-02-2625Joint MOTION for Extension of Time to File Renewed Motions for Summary Judgment by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 02/26/2024)
2024-02-29MINUTE ORDER (paperless) GRANTING the parties' 25 Joint Motion for Extension of Time to File Renewed Motions for Summary Judgment, and MODIFYING the SCHEDULING ORDER issued on December 29, 2023, as follows: (1) By April 2, 2024, defendant shall file any motion for summary judgment; (2) By April 30, 2024, plaintiff shall file any combined cross-motion for summary judgment and opposition to defendant's motion; (3) By May 14, 2024, defendant shall file any combined opposition to plaintiff's motion and reply in support of defendant's motion; and (4) By June 4, 2024, plaintiff shall file any reply in support of its motion. Signed by Judge Beryl A. Howell on February 29, 2024. (lcbah4) (Entered: 02/29/2024)
2024-03-01Set/Reset Deadlines: Defendant Motion For Summary Judgment due by 4/2/2024. Plaintiff Combined Cross-Motion For Summary Judgment And Opposition To Defendant's Motion due by 4/30/2024. Defendant Combined To Plaintiff's Motion And Reply In Support Of Defendant's Motion due by 5/14/2024. Plaintiff Reply In Support Of Its Motion due by 6/4/2024. (mac) (Entered: 03/01/2024)
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by FOIA Project Staff
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