Filed: Dec. 19, 2012
Latest Update: Dec. 19, 2012
Summary: SECOND SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT MARIA-ELENA JAMES, District Judge. This is an action brought by Plaintiffs pursuant to the Freedom of Information Act, 5 U.S.C. 552, to compel production of documents. The information request upon which this suit is based, sought information submitted to defendant relating to the operations of coal-fired power plants owned by the Luminant Corporation. After the parties completed briefing cross-motions for summary judgment, but before oral arg
Summary: SECOND SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT MARIA-ELENA JAMES, District Judge. This is an action brought by Plaintiffs pursuant to the Freedom of Information Act, 5 U.S.C. 552, to compel production of documents. The information request upon which this suit is based, sought information submitted to defendant relating to the operations of coal-fired power plants owned by the Luminant Corporation. After the parties completed briefing cross-motions for summary judgment, but before oral argu..
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SECOND SUPPLEMENTAL JOINT CASE MANAGEMENT REPORT
MARIA-ELENA JAMES, District Judge.
This is an action brought by Plaintiffs pursuant to the Freedom of Information Act, 5 U.S.C. § 552, to compel production of documents. The information request upon which this suit is based, sought information submitted to defendant relating to the operations of coal-fired power plants owned by the Luminant Corporation.
After the parties completed briefing cross-motions for summary judgment, but before oral argument on same, on May 20, 2012, the Court vacated the scheduled hearing and ordered the parties to meet and confer in her chambers on May 30, 2012. Dkt. No. 50. After fruitful discussion in chambers, the parties agreed to continue with informal settlement discussions in an effort to resolve this matter without further litigation. Accordingly, the parties engaged in a number of direct and informal settlement conference calls and have exchanged a settlement proposal. Additionally, as the Parties informed the Court, recent EPA enforcement activities involving Luminant have impacted EIP and Sierra Club's interest in the documents at issue in this matter. Because the parties required additional time in which to explore possible resolution of this case, when they reported back to the Court on September 20, 2012, they requested that the case be stayed until November 21, 2012 by which time they would inform the Court of the status of their settlement efforts. Dkt. No. 52. The Court so ordered. Dkt. No. 53.
The parties reported to the court on November 21, 2012, that they desired additional time to explore a possible settlement of this case. Dkt. No. 54. Accordingly, the Court set December 21, 2012 as a deadline for the parties to report their progress in this regard. Dkt. No. 55.
The parties have continued their dialogue and are closer to a general consensus on how to settle the case. However, the parties require additional time to negotiate the details of the settlement terms and obtain approval for a final settlement from their respective organizations. They therefore desire additional time in which to explore a negotiated resolution to this dispute.
Accordingly, the parties request that they be provided an additional 60 days in which to attempt to conclude their settlement negotiations and report back to the Court on the status of same no later than February 21, 2013.
