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Case TitleINSTITUTE FOR ENERGY RESEARCH v. FEDERAL ENERGY REGULATORY COMMISSION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03602
Date Filed2022-11-30
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINSTITUTE FOR ENERGY RESEARCH
Case DescriptionThe Institute for Energy Research submitted a FOIA request to the Federal Energy Regulatory Commission for records concerning certain described text messages and phone bills related to FERC Chairman Richard Glick. The agency acknowledged receipt of the request. The agency located 12 responsive records and withheld 9 records under Exemption 5 (privileges). IER filed an administrative appeal. FERC denied its administrative appeal and IER filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFEDERAL ENERGY REGULATORY COMMISSION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-301COMPLAINT against FEDERAL ENERGY REGULATORY COMMISSION ( Filing fee $ 402 receipt number ADCDC-9704945) filed by INSTITUTE FOR ENERGY RESEARCH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Proposed to AG, USAO, and Agency Counsel)(Hardin, Matthew) (Entered: 11/30/2022)
2022-12-01Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 12/01/2022)
2022-12-012SUMMONS (3) Issued Electronically as to FEDERAL ENERGY REGULATORY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 12/01/2022)
2022-12-013ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/1/22. (DM) (Entered: 12/01/2022)
2022-12-064NOTICE of Appearance by Christopher Cochran Horner on behalf of INSTITUTE FOR ENERGY RESEARCH (Horner, Christopher) (Entered: 12/06/2022)
2022-12-235Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 12/23/2022)
2022-12-28MINUTE ORDER: The Court is in receipt of Defendant's 5 Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. Defendant requests that the Court extend Defendant's deadline to answer from January 3, 2023 to January 25, 2023, relying, essentially, on the substantially increased caseload at the United States Attorney's Office for the District of Columbia. As Plaintiff consents, and upon good cause shown, Defendant's 5 Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint is GRANTED . Defendant shall answer or otherwise respond to Plaintiff's complaint on or before January 25, 2023 . Signed by Judge Colleen Kollar-Kotelly on December 28, 2022. (lcckk1) (Entered: 12/28/2022)
2022-12-28Set/Reset Deadlines: Answer due by 1/25/2023. (kt) (Entered: 12/28/2022)
2023-01-256ANSWER to Complaint by FEDERAL ENERGY REGULATORY COMMISSION.(Simon, Jeremy) (Entered: 01/25/2023)
2023-01-267ORDER directing parties to file joint status report on or before March 1, 2023 . Signed by Judge Colleen Kollar-Kotelly on January 25, 2023. (lcckk1) (Entered: 01/26/2023)
2023-01-26Set/Reset Deadlines: Joint Status Report due by 3/1/2023. (dot) (Entered: 01/27/2023)
2023-02-238MOTION for Extension of Time to File Initial Status Report by FEDERAL ENERGY REGULATORY COMMISSION. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/23/2023)
2023-02-23MINUTE ORDER: The Court is in receipt Defendant's 8 Motion for Extension of Time to File Initial Status Report. Defendant requests an extension of time, from March 1, 2023, to March 10, 2023, to file the parties' joint initial status report in this Freedom of Information Act matter due to counsel for Defendant's competing trial obligations. Plaintiff opposes Defendant's rather routine extension request. As such, Plaintiff shall file its opposition on or before February 27, 2023 . Signed by Judge Colleen Kollar-Kotelly on February 23, 2023. (lcckk1) (Entered: 02/23/2023)
2023-02-23Set/Reset Deadlines: Plaintiff shall file its opposition on or before 2/27/2023. (dot) (Entered: 02/23/2023)
2023-02-249RESPONSE re 8 MOTION for Extension of Time to File Initial Status Report filed by INSTITUTE FOR ENERGY RESEARCH. (Hardin, Matthew) (Entered: 02/24/2023)
2023-02-26MINUTE ORDER: The Court is in receipt of Plaintiff's 9 Opposition to Defendant's Motion for Additional Time to File Joint Status Report. As the Court noted in its last minute order, counsel for Defendant filed a perfunctory motion for an extension of nine days, from March 1, 2023 to March 10, 2023, to file the parties' first joint status report in light of counsel for Defendant's competing trial obligations. In opposition, Plaintiff laments the delay in the agency's processing of its FOIA request. Not only is that response a non sequitur to the excusable challenges Defendant faces in timely filing, the Court is generally unable to direct faster processing in the first instance. See Open Am. v. Watergate Special Pros. Force , 547 F.2d 605, 614 (D.C. Cir. 1976). Therefore, upon good cause shown, Defendant's 8 Motion for Extension of Time to File Initial Status Report is GRANTED over Plaintiff's opposition. The parties shall file their first joint status report on or before March 10, 2023 . Signed by Judge Colleen Kollar-Kotelly on February 26, 2023. (lcckk1) (Entered: 02/26/2023)
2023-02-27Set/Reset Deadlines: Joint Status Report due by 3/10/2023. (dot) (Entered: 02/27/2023)
2023-03-1010Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 03/10/2023)
2023-03-10MINUTE ORDER: The Court is in receipt of the parties' 10 Joint Status Report. Upon consideration thereof, the parties shall file their next joint status report on or before May 2, 2023 , and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on March 10, 2023. (lcckk1) (Entered: 03/10/2023)
2023-03-10Set/Reset Deadlines: Joint Status Report due by 5/2/2023, and, if necessary, every ninety days thereafter. (dot) (Entered: 03/12/2023)
2023-05-0211Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 05/02/2023)
2023-07-3112Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 07/31/2023)
2023-10-3013Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 10/30/2023)
2024-02-09MINUTE ORDER: Per the Court's March 10, 2023 Minute Order, a joint status report was due no later than January 29, 2024. No such status report has been filed. As such, the Court ORDERS the parties to file a joint status report on or before February 16, 2024 , and, if necessary, every 60 days thereafter. Signed by Judge Colleen Kollar-Kotelly on 2/9/2024. (lcckk1) (Entered: 02/09/2024)
2024-02-09Set/Reset Deadlines: Joint Status Report due by 2/16/2024. (dot) (Entered: 02/09/2024)
2024-02-1414Joint STATUS REPORT by FEDERAL ENERGY REGULATORY COMMISSION. (Simon, Jeremy) (Entered: 02/14/2024)
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