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Case TitleSmith v. U.S. Department of Transportation et al
DistrictDistrict of Oregon
CityEugene
Case Number6:2016cv01875
Date Filed2016-09-23
Date ClosedOpen
JudgeMagistrate Judge Thomas M. Coffin
PlaintiffSteven Smith
DefendantU.S. Department of Transportation
DefendantU.S. Department of Justice
Documents
Docket
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-09-231Complaint. Filing fee in the amount of $400 collected. Receipt No. 10906. Jury Trial Requested: No. Filed by Steven Smith against All Defendants (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet). (jk) (Entered: 09/23/2016)
2016-09-232Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 1/23/2017. Joint Alternate Dispute Resolution Report is due by 2/21/2017. Pretrial Order is due by 2/21/2017. Ordered by Magistrate Judge Thomas M. Coffin. (jk) (Entered: 09/23/2016)
2016-09-233Clerk's Notice of Mailing to Smith of Discovery order, 2 . (jk) (Entered: 09/23/2016)
2016-10-064Summons Issued Electronically as to U.S. Department of Justice, U.S. Department of Transportation. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ljb) (Entered: 10/07/2016)
2016-11-165Answer to 1 Complaint . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 11/16/2016)
2016-12-066Amended Complaint. Filed by Steven Smith against U.S. Department of Justice, U.S. Department of Transportation. (ljb) (Entered: 12/06/2016)
2016-12-197Answer to 6 Amended Complaint . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/19/2016)
2017-01-259Motion for Partial Summary Judgment and Memorandum and plaintiff's Declaration in Support. Filed by Steven Smith. (ljb) (Entered: 01/31/2017)
2017-01-308Motion to Set Pretrial Deadlines . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/30/2017)
2017-02-1410Response in Opposition to Motion to Set Pretrial Deadlines 8 . Filed by Steven Smith. (ljb) (Entered: 02/14/2017)
2017-02-1511Response to Motion for Partial Summary Judgment 9 . Filed by U.S. Department of Justice. (Danielson, Kevin) (Entered: 02/15/2017)
2017-02-1512Declaration of Michelle Volker in Support of Defendant's Response to Plaintiff's Motion for Partial Summary Judgment . Filed by U.S. Department of Justice. (Related document(s): Response to Motion 11 .) (Danielson, Kevin) (Entered: 02/15/2017)
2017-02-1513Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment 9 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 02/15/2017)
2017-02-1614Cross Motion for Summary Judgment . Filed by U.S. Department of Justice. (Danielson, Kevin) (Entered: 02/16/2017)
2017-02-2215Plaintiff's Notice and Motion for Voluntary to Dismissal of Defendant U.S. Department of Justice. Filed by Steven Smith. (ljb) (Entered: 02/22/2017)
2017-03-0816Response to Motion for Partial Summary Judgment 9 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 03/08/2017)
2017-03-0817Declaration of Derek Honda in Support of Defendant's Response to Plaintiff's Motion for Partial Summary Judgment . Filed by U.S. Department of Transportation. (Related document(s): Response to Motion 16 .) (Danielson, Kevin) (Entered: 03/08/2017)
2017-03-0918Cross Motion for Summary Judgment . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 03/09/2017)
2017-03-2119Motion for Discovery and Supporting Declaration of Plaintiff. Filed by Steven Smith. (ljb) (Entered: 03/28/2017)
2017-03-2120Response in Opposition to Cross Motion for Summary Judgment 18 , Cross Motion for Summary Judgment 14 and Motion for Leave to File Supplemental Response. Filed by Steven Smith. (ljb) (Entered: 03/28/2017)
2017-04-0421Response to Motion for Discovery and/or Inspection 19 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 04/04/2017)
2017-04-0422Response to Plaintiff's Motion for Leave to File Supplemental Response . Filed by U.S. Department of Transportation. (Related document(s): Response in Opposition to Motion 20 .) (Danielson, Kevin) (Entered: 04/04/2017)
2017-06-0623ORDER: Pro se plaintiff's motion 19 for discovery in the form of an evidentiary hearing or limited interrogatories is denied. As noted by defendant in it's response 21 , discovery is rarely allowed in FOIA cases and it is not appropriate in the present action. Pro se plaintiff has also filed a motion 20 entitled provisional response to defendants' motion for summary judgment and motion to file a supplemental response. Such motion is denied and such provisional response is stricken based on the following which includes a briefing schedule. Defendant DOT's motion 13 for extension of time to respond is allowed. Defendants' motion 8 to set pretrial deadlines is allowed to the extent that follows: Pro se plaintiff shall have until 6/27/2017 to make a single filing that will be his Reply for his motion for summary judgment 9 and his Opposition to Defendant DOT's Cross Motion for Summary Judgment 18 . Defendant DOT shall have 14 days thereafter to file a Reply to their Cross Motion for Summary Judgment 18 . Plaintiff's Motion for Partial Summary Judgment 9 and Defendant DOT's Cross Motion for Summary Judgment 18 and Defendant DOJ's Cross Motion for Summary Judgment 14 will be taken under advisement on 7/17/2017. Ordered by Magistrate Judge Thomas M. Coffin. (cp) (Entered: 06/06/2017)
2017-06-0624Clerk's Notice of Mailing to Steven Smith regarding Order 23 . (cp) (Entered: 06/06/2017)
2017-06-1225Objection to Order 23 and Motion to Modify Briefing Schedule. Expedited Hearing requested. Filed by Steven Smith. (kf) (Entered: 06/12/2017)
2017-06-2726Response to Plaintiff's Objection to Order Pursuant to Rule 72(a) and Motion to Modify Briefing Schedule . Filed by U.S. Department of Transportation. (Related document(s): Motion to Amend/Correct 25 .) (Danielson, Kevin) (Entered: 06/27/2017)
2017-07-2727ORDER: Plaintiff objects under Rule 72(a) to Magistrate Judge Coffin's nondispositive order 23 . Plaintiff's objections are denied as the order is neither clearly erroneous nor contrary to law. As the timeline set out in order 23 has passed, the motion to modify briefing schedule 25 is granted in part. Pro se plaintiff shall have until 8/18/2017 to make a single filing that will be his reply for his motion for summary judgment 9 and his Oppositiion to Defendant DOT's Cross Motion for Summary Judgment 18 . Defendant DOT shall have 14 days thereafter to file a Reply to their Cross Motion for Summary Judgment 18 . Ordered by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp) (Entered: 07/27/2017)
2017-08-2128Combined Brief Re Cross-Motions for Summary Judgment and Plaintiff's Renewed Motions. Filed by Steven Smith. (Attachments: # 1 Exhibit 1) (jk) (Entered: 08/22/2017)
2017-09-0129Reply in Support of its Cross Motion for Summary Judgment 18 . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) Modified on 9/5/2017, incorrect event selected, changed from response to reply to motion. (kf). (Entered: 09/01/2017)
2017-09-0130Supplemental Declaration of Derek Honda . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Related document(s): Declaration 17 .) (Danielson, Kevin) (Entered: 09/01/2017)
2017-09-1131Motion for Leave to File Plaintiff's Response to Defendant's First Supplemental Declaration of Derek Honda 30 . Filed by Steven Smith. (kf) (Entered: 09/11/2017)
2017-09-2532Order and Findings & Recommendation: Order granting Motion for Voluntary Dismissal 15 and denying as moot Motion for Summary Judgment 14 . Order granting Motion for Leave to File a Response and Plaintiff's Response to Defendant's First Supplemental Declaration of Derek Honda 31 . Findings & Recommendation: Cross Motion for Summary Judgment 18 should be denied and Motion for Partial Summary Judgment 9 should be granted in part and denied in part. Objections to the Findings and Recommendation are due by 10/10/2017. Signed on 9/25/2017 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 09/26/2017)
2017-09-2533Order referring Findings & Recommendation 32 , Cross Motion for Summary Judgment 18 , Motion for Partial Summary Judgment 9 to Judge Michael J. McShane. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 09/26/2017)
2017-10-1034Objection to Orders & Motion for Extension of Time to File Objections. Expedited Hearing requested. Filed by Steven Smith. (kf) (Entered: 10/12/2017)
2017-10-1335ORDER: Granting Plaintiff's Objection and Motion for Extension of Time 34 . Objections to the Findings and Recommendation are due by 10/23/2017. Responses to any objections to the Findings and Recommendation are due by 11/6/2017. Ordered by Judge Michael J. McShane. (cp) (Entered: 10/13/2017)
2017-10-1336Clerk's Notice of Mailing to Steven Smith and regarding Order on motion for extension of time, 35 . (cp) (Entered: 10/13/2017)
2017-10-1337Clerk's Notice of Mailing to Steven Smith regarding Findings & Recommendation 32 , Findings & Recommendation Referred 33 . (plb) (Entered: 10/13/2017)
2017-10-2338Objections to Findings & Recommendation 32 . Filed by Steven Smith. (kf) (Entered: 10/24/2017)
2017-11-0639Response to Objections to Findings & Recommendation. Related document(s): 38 Objections to Findings & Recommendation. Filed by All Defendants. (Danielson, Kevin) (Entered: 11/06/2017)
2017-12-1140ORDER: Magistrate Judge Coffins Findings and Recommendation 32 is adopted in full. Plaintiffs motion for voluntary dismissal 15 of defendant DOJ is allowed. DOJs motion for summary judgment 14 is denied as moot. Plaintiffs motion for partial summary judgment 9 is allowed as stated in the Findings and Recommendation. DOTs cross-motion for summary judgment 18 is denied without prejudice. Signed on 12/11/2017 by Judge Michael J. McShane. (cp) (Entered: 12/12/2017)
2017-12-2141Motion for Reconsideration of Order on Findings & Recommendation, Order on motion for partial summary judgment, Order on motion for summary judgment 40 and for Notice of Orders. Filed by Steven Smith. (kf) (Entered: 12/21/2017)
2017-12-2142Clerk's Notice of Mailing to Steven Smith regarding Order on Findings & Recommendation, Order 40 . (cp) (Entered: 12/21/2017)
2017-12-2843ORDER: Denying Motion for Reconsideration 41 of Order on Findings & Recommendation 40 . Ordered by Judge Michael J. McShane. (cp) (Entered: 12/28/2017)
2017-12-2844Clerk's Notice of Mailing to Steven Smit regarding Order on motion for reconsideration 43 . (cp) (Entered: 12/28/2017)
2017-12-2945Motion for Extension of Time to Move for Summary Judgment . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/29/2017)
2018-01-0246ORDER: Granting Motion for Extension of Time 45 . Dispositive Motions are due by 1/16/2018. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/02/2018)
2018-01-0247Clerk's Notice of Mailing to Steven Smith regarding Order on motion for extension of time 46 . (plb) (Entered: 01/02/2018)
2018-01-1648Motion for Summary Judgment . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/16/2018)
2018-01-1649Declaration of Angelique Berry . Filed by U.S. Department of Justice, U.S. Department of Transportation. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 01/16/2018)
2018-01-1650Declaration of Derek Honda (Second Supplemental) . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 01/16/2018)
2018-01-1651Declaration of Susan H. McLean . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Danielson, Kevin) (Entered: 01/16/2018)
2018-01-1652Declaration of Benjamin W. Sanders . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 01/16/2018)
2018-01-1653Declaration of Margit Skidmore . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 01/16/2018)
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by FOIA Project Staff