Southern Environmental Law Center v. Tennessee Valley Authority
Plaintiff: Southern Environmental Law Center
Defendant: Tennessee Valley Authority
Case Number: 3:2024cv00097
Filed: February 29, 2024
Court: US District Court for the Eastern District of Tennessee
Presiding Judge: Jill E McCook
Referring Judge: Debra C Poplin
2 Judge: Thomas A Varlan
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. § 552 Freedom of Information Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2024 Filing 24 NOTICE of Appearance by Sydney D Nenni on behalf of Tennessee Valley Authority (Nenni, Sydney)
April 19, 2024 Filing 23 NOTICE of Appearance by David D Ayliffe on behalf of Tennessee Valley Authority (Ayliffe, David)
April 17, 2024 Opinion or Order Filing 22 SCHEDULING ORDER: Bench Trial set for 9/30/2025 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 9/23/2025 11:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 4/17/24. (ABF)
April 8, 2024 Opinion or Order Filing 21 ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Thomas A Varlan on 4/8/2024. (MKM)
April 8, 2024 Filing 20 MEMORANDUM in Support of Motion re #19 MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint filed by Tennessee Valley Authority. (Chin, Steven)
April 8, 2024 Filing 19 MOTION to Dismiss for Lack of Jurisdiction Counts One and Three of the Complaint by Tennessee Valley Authority. (Chin, Steven)
April 8, 2024 Filing 18 ANSWER to #1 Complaint,,,, by Tennessee Valley Authority. (Attachments: #1 Exhibit March 14, 2024 TVA Response, #2 Exhibit April 3, 2024 TVA Response)(Chin, Steven)
March 20, 2024 Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Merrick Garland, U.S. Attorney General on 03/07/2024, filed by Southern Environmental Law Center. (Attachments: #1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll)
March 20, 2024 Filing 16 AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. (Trey) Hamilton III on 03/05/2024, filed by Southern Environmental Law Center. (Attachments: #1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll)
March 20, 2024 Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Jeffrey J. Lyash, Chief Executive Officer on 03/03/2024, filed by Southern Environmental Law Center. (Attachments: #1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll)
March 15, 2024 Filing 14 AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. (Trey) Hamilton on 03/05/2024, filed by Southern Environmental Law Center. (Attachments: #1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll)
March 15, 2024 Filing 13 AFFIDAVIT of Service for Summons and Complaint served on Jeffrey J. Lyash, Chief Executive Officer on 03/03/2024, filed by Southern Environmental Law Center. (Attachments: #1 Exhibit 1 - Proof of Service by U.S. Mail)(Courtenay, Carroll)
March 12, 2024 Opinion or Order Filing 12 ORDER granting #11 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 03/12/2024. This entry constitutes the complete Order of the Court. (HSN) Modified on 3/12/2024 to indicate c/m to Carroll Courtenay (ABF).
March 11, 2024 Filing 11 MOTION for Carroll Courtenay to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #300003414.) by Southern Environmental Law Center. (ABF)
March 11, 2024 Clerk's Verification of PHV Requirements is complete regarding document: #11 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by Southern Environmental Law Center (ABF)
March 4, 2024 Opinion or Order Filing 10 ORDER REASSIGNING CASE. Magistrate Judge Jill E McCook no longer assigned to case, Case reassigned to Magistrate Judge Debra C Poplin for all further proceedings. Signed by District Judge Travis R McDonough on March 4, 2024. (SAC) Modified on 3/4/2024, Order mailed to Carroll Courtenay Southern Environmental Law Center (Charlottesville) 120 Garrett Street Suite 400 Charlottesville, VA 22902 (SAC).
March 1, 2024 Opinion or Order Filing 9 ORDER OF RECUSAL - Signed by Magistrate Judge Jill E McCook on 3/01/2024. (KMK) Modified on 3/1/2024 (KMK): copy mailed to Carroll Courtenay
February 29, 2024 Filing 8 Certificate of Corporate Interest by Southern Environmental Law Center. (Buppert, Gregory)
February 29, 2024 Opinion or Order Filing 7 Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on 2/29/2024. (Copy of Order mailed to Attorney C. Courtenay). (LCK)
February 29, 2024 Opinion or Order Filing 6 Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on 2/29/2024. (Copy of Order mailed to Attorney C. Courtenay). (LCK)
February 29, 2024 Opinion or Order Filing 5 Order Governing Depositions. Signed by District Judge Thomas A Varlan on 2/29/2024. (Copy of Order mailed to Attorney C. Courtenay). (LCK)
February 29, 2024 Filing 4 Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Attorney General, #2 Summons United States Attorney)(LCK)
February 29, 2024 Filing 3 NOTICE of Deficiency (Pro Hac): Attorney Carroll Courtenay is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (Copy of Notice mailed to Attorney C. Courtenay). (LCK)
February 29, 2024 Filing 2 Administrative Notice to Counsel #1 Complaint: Certificate of Corporate Interest needs to be filed as a separate document. (Requirements due by 3/5/2024). (LCK)
February 29, 2024 Filing 1 COMPLAINT against Tennessee Valley Authority ( Filing fee $ 405 receipt number ATNEDC-5610236.), filed by Southern Environmental Law Center. (Attachments: #1 Exhibit 1 2022.12.22 FOIA to TVA re Cumberland FEIS, #2 Exhibit 2 Daniel Metzger Track 3 23-FOI-00039, #3 Exhibit 3 2023.03.15 Cumberland Fossil Plant Retirement EIS Records, #4 Exhibit 4 2023.03.16 Email from TVA to T. Bussey re Acknowledgment, #5 Exhibit 5 Trey Bussey Track 3 23-FOI-00096, #6 Exhibit 6 2023.07.17 Email from T. Bussey to TVA re Follow-up, #7 Exhibit 7 2023.08.04 Email from T. Bussey to TVA re Narrowing Request, #8 Exhibit 8 2023.11.30 Email from TVA to T. Bussey re Follow-up, #9 Exhibit 9 2023.04.20 FOIA re TVA-Concentric Agreement, #10 Exhibit 10 Trey Bussey Track 3 23-FOI-00112, #11 Exhibit 11 2023.11.30 Email from T. Bussey to TVA re Update, #12 Corporate Disclosure Statement, #13 Civil Cover Sheet, #14 Summons TVA CEO Lyash, #15 Summons U.S. Attorney Hamilton, #16 Summons U.S. Attorney General Garland)(Buppert, Gregory)
February 29, 2024 District Judge Thomas A Varlan and Magistrate Judge Jill E McCook added. (LCK)

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Plaintiff: Southern Environmental Law Center
Represented By: Carroll Courtenay
Represented By: Gregory D. Buppert
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Defendant: Tennessee Valley Authority
Represented By: David D Ayliffe
Represented By: Steven Chin
Represented By: Sydney D Nenni
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