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Case TitleAmerican Small Business League v. Department of Defense
DistrictNorthern District of California
CitySan Francisco
Case Number3:2018cv01979
Date Filed2018-03-30
Date ClosedOpen
JudgeJudge William Alsup
PlaintiffAmerican Small Business League
Case DescriptionThe American Small Business League submitted two FOIA requests to the Department of Defense for the master comprehensive subcontracting plan submitted by BAE System. The agency responded by providing a heavily redacted copy of the plan. ASBL filed an administrative appeal, but heard nothing further from the agency. ASBL's second FOIA request was for the master comprehensive subcontracting plan submitted by GE Aviation. The agency indicated that some information would be withheld under Exemption 4 (confidential business information). ASBL filed an administrative appeal of that decision, but after hearing nothing further from the agency as its appeals of both requests, ASBL filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantLockheed Martin Corporation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [58]
FOIA Project Annotation: A federal court in California has ruled that there remains a factual dispute on whether or not information contained in a small-business subcontracting plan submitted to the Department of Defense by GE in protected by Exemption 4 (confidential business information) which may require the court to hold a trial on the issue. Ruling in the latest of a series of suits brought by the American Small Business League seeking small-business subcontracting plans submitted by large defense contractors, the court also found that the plans were not protected by the Procurement Integrity Act, which the agency argued qualified under Exemption 3 (other statutes). The court also found that records submitted by Sikorsky during the first round of litigation over the disclosure of small-business subcontracting plans were protected by Exemption 5 (privileges), specifically the common interest doctrine. In 2013, ASBL filed suit to obtain Sikorsky's 2013 small-business subcontracting plan. That case went to the Ninth Circuit and was remanded, resulting in Sikorsky's plan being disclosed in 2018 over the company's objection. The current litigation involved a request by ASBL for GE's 2014 plan. The agency withheld records under Exemption 3, Exemption 4, Exemption 5, and Exemption 6 (invasion of privacy). ASBL challenged the agency's exemption claims as well as the adequacy of the search. ASBL argued that the search was inadequate because the agency found some records months after its initial disclosure. Approving the search, District Court Judge William Alsup noted that "here, the government readily acknowledged certain missing documents once notified by plaintiff and promptly took steps to address the errors, including voluntarily redoing its search for documents from custodians located within the United States Attorney's Office. . ." The agency redacted records pertaining to Sikorsky's actual subcontracting performance and compliance as "source selection information" under the PIA, which protects source selection information before a contract is awarded. Alsup rejected that claim, pointing out that "the details of [Sikorsky's] actual subcontracting performance and compliance relate to contracts already awarded to [Sikorsky]." He observed that "the government's broad assertion that it can withhold redacted information effectively ad infinitum however, eviscerates any distinction between pre- and post-award of a contract " a distinction the PIA clearly contemplates " thereby rendering the statutory language 'before the award' meaningless." Turning to Exemption 4, Alsup, pointing to the conflict between the agency and ASBL on the issue of whether disclosure would cause competitive harm, noted that "issues of material fact exist as to Exemption 4. . . [T]he parties have submitted competing declarations as to whether disclosure of requested information would cause competitive harm" and added that "additionally, the parties have submitted competing declarations as to whether disclosure would impede the government's information-gathering ability." Alsup did nothing more than deny the parties' summary judgment motions but without any likelihood of an informal settlement he will probably need to hold a trial on the issue. Citing the Fourth Circuit's decision in Hunton & Williams v. Dept of Justice, 590 F. 3 272 (4th Cir. 2010), in which the Fourth Circuit found that once DOJ intervened on the side of RIM, which manufactured the BlackBerry, to defend against a patent infringement claim any discussions between DOJ and RIM were privileged by the common interest doctrine, Alsup found the common interest doctrine applied here as well to protect discussions between DOD and Sikorsky on the issue of whether its information was protected by Exemption 4. In finding Hunton persuasive, Alsup rejected a more recent holding in Lucaj v. FBI, 852 F.3d 541 (6th Cir. 2017), in which the Sixth Circuit rejected DOJ's claim that an international agreement to honor requests for assistance in law enforcement matters was protected by the common interest doctrine. But Alsup pointed out that the agency had to show the existence of a joint defense agreement before it could claim the privilege in this case.
Issues: Exemption 3 - Limited agency discretion, Exemption 4 - Confidential business information, Exemption 5 - Consultant privilege
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-301COMPLAINT against Department of Defense ( Filing fee $ 400, receipt number 0971-12236017.). Filed byAmerican Small Business League. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Olson, Karl) (Filed on 3/30/2018) (Entered: 03/30/2018)
2018-04-022Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/16/2018. (srnS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)
2018-04-023Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/21/2018. Initial Case Management Conference set for 6/28/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)
2018-04-024Summons Issued as to Department of Defense, U.S. Attorney and U.S. Attorney General (hdjS, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)
2018-04-065CERTIFICATE OF SERVICE by American Small Business League (Olson, Karl) (Filed on 4/6/2018) (Entered: 04/06/2018)
2018-04-166CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Defense.. (London, Ellen) (Filed on 4/16/2018) (Entered: 04/16/2018)
2018-04-167CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Small Business League.. (Olson, Karl) (Filed on 4/16/2018) (Entered: 04/16/2018)
2018-04-168MOTION to Relate Case filed by American Small Business League. (Attachments: # 1 Declaration)(Olson, Karl) (Filed on 4/16/2018) (Entered: 04/16/2018)
2018-04-179CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 4/17/2018) (Entered: 04/17/2018)
2018-04-1810ORDER REASSIGNING CASE. Case Reassigned to Judge William H. Orrick. Magistrate Judge Maria-Elena James no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 4/18/18. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/18/2018)
2018-04-1811CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 6/19/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 6/12/2018. Signed by Judge William H. Orrick on 04/18/2018. (jmdS, COURT STAFF) (Filed on 4/18/2018) (Entered: 04/18/2018)
2018-04-1912Proposed Order re Motion to Relate Case by American Small Business League. (Olson, Karl) (Filed on 4/19/2018) (Entered: 04/19/2018)
2018-04-2013RESPONSE to 8 Administrative Motion to Relate Case by Department of Defense. (Attachments: # 1 Proposed Order)(London, Ellen) (Filed on 4/20/2018) Modified on 4/23/2018 (aaaS, COURT STAFF). (Entered: 04/20/2018)
2018-04-2014CERTIFICATE OF SERVICE by American Small Business League re 11 Case Management Scheduling Order, (Olson, Karl) (Filed on 4/20/2018) (Entered: 04/20/2018)
2018-04-2515RESPONSE to re 13 Response ( Non Motion ) Reply Brief in Support of Administrative Motion to Relate Case by American Small Business League. (Olson, Karl) (Filed on 4/25/2018) (Entered: 04/25/2018)
2018-04-3016ORDER RELATING CASE. Signed by Judge Alsup on 4/30/2018. (whalc2, COURT STAFF) (Filed on 4/30/2018) (Entered: 04/30/2018)
2018-05-0117Case reassigned to Judge Judge William Alsup. Judge William H. Orrick no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (srnS, COURT STAFF) (Filed on 5/1/2018) (Entered: 05/01/2018)
2018-05-0318ANSWER to Complaint byDepartment of Defense. (London, Ellen) (Filed on 5/3/2018) (Entered: 05/03/2018)
2018-05-0319CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT ON REASSIGNMENT: Initial Case Management Conference set for 6/28/2018 at 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Case Management Statement due by 6/21/2018. Judge Alsup's standing orders may be downloaded from the Court's web page at: www.cand.uscourts.gov/whaorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 5/3/2018) (Entered: 05/03/2018)
2018-05-2420AMENDED COMPLAINT against Department of Defense. Filed byAmerican Small Business League. (Olson, Karl) (Filed on 5/24/2018) (Entered: 05/24/2018)
2018-06-0721ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (London, Ellen) (Filed on 6/7/2018) (Entered: 06/07/2018)
2018-06-0722ANSWER to Amended Complaint Defendant's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint for Declaratory and Injunctive Relief byDepartment of Defense. (London, Ellen) (Filed on 6/7/2018) (Entered: 06/07/2018)
2018-06-1223NOTICE by Department of Defense of government action (London, Ellen) (Filed on 6/12/2018) (Entered: 06/12/2018)
2018-06-1424ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Olson, Karl) (Filed on 6/14/2018) (Entered: 06/14/2018)
2018-06-2125CASE MANAGEMENT STATEMENT filed by Department of Defense. (London, Ellen) (Filed on 6/21/2018) (Entered: 06/21/2018)
2018-06-2826CASE MANAGEMENT SCHEDULING ORDER: Further Case Management Conference set for 7/19/2018 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Case Management Statement due by 7/12/2018. Signed by Judge William Alsup on 6/28/2018. (whasec, COURT STAFF) (Filed on 6/28/2018) (Entered: 06/28/2018)
2018-06-2827Minute Entry for proceedings held before Judge William Alsup: Initial Case Management Conference held on 6/28/2018. Counsel states that all documents should be produced in roughly 3 months. The Court sets a further case management conference for 7/19/2018 at 11:00 a.m. to monitor the progress. Total Time in Court: 2 Minutes. Court Reporter: Belle Ball. Plaintiff Attorney: Karl Olson. Defendant Attorney: Ellen London. (afmS, COURT STAFF) (Date Filed: 6/28/2018) (Entered: 06/28/2018)
2018-06-2928Letter from Ellen London regarding DOJ FOIA request . (London, Ellen) (Filed on 6/29/2018) (Entered: 06/29/2018)
2018-07-1229STIPULATION WITH PROPOSED ORDER filed by Department of Defense. (Attachments: # 1 Exhibit A, # 2 Declaration)(London, Ellen) (Filed on 7/12/2018) (Entered: 07/12/2018)
2018-07-1230CASE MANAGEMENT STATEMENT filed by Department of Defense. (London, Ellen) (Filed on 7/12/2018) (Entered: 07/12/2018)
2018-07-1731ORDER GRANTING 29 STIPULATION RE PRODUCTION OF DOCUMENTS AND AMENDMENT OF COMPLAINT. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 7/17/2018) (Entered: 07/17/2018)
2018-07-1832CLERK'S NOTICE VACATING AND RESETTING CASE MANAGEMENT CONFERENCE: Further Case Management Conference set for 7/19/2018 at 11:00 a.m. is VACATED and RESET for 10/4/2018 at 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Case Management Statement due by 9/27/2018.If the parties have resolved all issues before the CMC date, then the parties may file a stipulated dismissal and then CMC will be vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 7/18/2018) (Entered: 07/18/2018)
2018-07-2733NOTICE by Department of Defense Notice of Agency Action (London, Ellen) (Filed on 7/27/2018) (Entered: 07/27/2018)
2018-07-3134ANSWER to Complaint Defendants' Answser and Affirmative Defenses to Plaintiff's Second Amended Complaint for Declaratory and Injunctive Relief byDepartment of Defense. (London, Ellen) (Filed on 7/31/2018) (Entered: 07/31/2018)
2018-08-1035STATUS REPORT Joint Status Report by Department of Defense. (London, Ellen) (Filed on 8/10/2018) (Entered: 08/10/2018)
2018-09-0436NOTICE by Department of Defense Notice of Agency Action (London, Ellen) (Filed on 9/4/2018) (Entered: 09/04/2018)
2018-09-1437NOTICE by Department of Defense (London, Ellen) (Filed on 9/14/2018) (Entered: 09/14/2018)
2018-09-2138NOTICE by Department of Defense re 37 Notice (Other) (London, Ellen) (Filed on 9/21/2018) (Entered: 09/21/2018)
2018-09-2539NOTICE by Department of Defense re 38 Notice (Other) (London, Ellen) (Filed on 9/25/2018) (Entered: 09/25/2018)
2018-09-2740JOINT CASE MANAGEMENT STATEMENT ; Stipulation and [Proposed] Order Adjourning Case Management Conference filed by Department of Defense. (London, Ellen) (Filed on 9/27/2018) (Entered: 09/27/2018)
2018-10-0141ORDER ADJOURNING CASE MANAGEMENT CONFERENCE AND SETTING BRIEFING SCHEDULE (as modified) (re 40 ). Signed by Judge Alsup on 10/1/2018. (whalc2, COURT STAFF) (Filed on 10/1/2018) (Entered: 10/01/2018)
2018-10-01Set/Reset Hearing (whalc2, COURT STAFF) (Filed on 10/1/2018) (Entered: 10/01/2018)
2018-10-02Set/Reset Deadlines:, Set/Reset Deadlines as to 41 Order., ***Deadlines terminated. 41 Order. Government's Summary Judgment Motion due by 11/16/2018. Plaintiff's Opposition /Cross Motions due by 12/7/2018. Government's Reply / Cross-Opposition due by 12/20/2018. Plaintiff's cross-reply due 1/3/2019. Cross- Motion(s) for Summary Judgment Hearing set for 1/24/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (tlS, COURT STAFF) (Filed on 10/2/2018) (Entered: 10/02/2018)
2018-10-0342*** NOTICE OF APPEARANCE *** MOTION for Leave to Appear Notice of Appearance of Counsel filed by American Small Business League. (Field, Aaron) (Filed on 10/3/2018) Modified on 10/3/2018 (fff, COURT STAFF). (Entered: 10/03/2018)
2018-10-0343NOTICE by American Small Business League of Change of Firm Name (Field, Aaron) (Filed on 10/3/2018) (Entered: 10/03/2018)
2018-11-1644MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support of Motion filed by Department of Defense. Motion Hearing set for 1/24/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 11/30/2018. Replies due by 12/7/2018. (Attachments: # 1 Declaration of Janice Buffler, # 2 Declaration of Mark Herrington, # 3 Declaration of Ellen London, # 4 Declaration of Hirsh Kravitz, # 5 Declaration of Kimberly Friday, # 6 Declaration of Abraham Simmons, # 7 Affidavit of Susannah Raheb, # 8 Affidavit of Martha Crawford, # 9 Declaration of Bethani Clever, # 10 Declaration of Harry Nahatis, # 11 Declaration of Aleksander Lamvol, # 12 Proposed Order)(London, Ellen) (Filed on 11/16/2018) (Entered: 11/16/2018)
2018-11-3045STIPULATION WITH PROPOSED ORDER TO FILE BRIEF OF NO MORE THAN THIRTY-FIVE (35) PAGES IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT filed by American Small Business League. (Olson, Karl) (Filed on 11/30/2018) (Entered: 11/30/2018)
2018-12-0346ORDER GRANTING 45 STIPULATED REQUEST TO FILE BRIEF OF NO MORE THAN THIRTY-FIVE (35) PAGES. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 12/3/2018) (Entered: 12/03/2018)
2018-12-0747OPPOSITION/RESPONSE (re 44 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support of Motion ) filed byAmerican Small Business League. (Attachments: # 1 Declaration Declaration of Karl Olson in Support of Plaintiff's Cross-Motion for Summary Judgement and Opposition to Defendants' Motion for Summary Judgement, # 2 Exhibit A - to Declaration of Karl Olson, # 3 Exhibit B - to Declaration of Karl Olson, # 4 Exhibit C - to Declaration of Karl Olson, # 5 Exhibit D - to Declaration of Karl Olson, # 6 Exhibit E - to Declaration of Karl Olson, # 7 Exhibit F - to Declaration of Karl Olson, # 8 Exhibit G - to Declaration of Karl Olson, # 9 Exhibit H - to Declaration of Karl Olson, # 10 Exhibit I - to Declaration of Karl Olson, # 11 Exhibit J - to Declaration of Karl Olson, # 12 Exhibit K - to Declaration of Karl Olson, # 13 Exhibit L - to Declaration of Karl Olson, # 14 Exhibit M - to Declaration of Karl Olson, # 15 Exhibit N - to Declaration of Karl Olson, # 16 Exhibit O - to Declaration of Karl Olson, # 17 Exhibit P - to Declaration of Karl Olson, # 18 Exhibit Q - to Declaration of Karl Olson, # 19 Exhibit R - to Declaration of Karl Olson, # 20 Exhibit S - to Declaration of Karl Olson, # 21 Exhibit T - to Declaration of Karl Olson, # 22 Exhibit U - to Declaration of Karl Olson, # 23 Exhibit V - to Declaration of Karl Olson, # 24 Exhibit W - to Declaration of Karl Olson, # 25 Exhibit X - to Declaration of Karl Olson, # 26 Exhibit Y - to Declaration of Karl Olson, # 27 Exhibit Z - to Declaration of Karl Olson, # 28 Exhibit AA - to Declaration of Karl Olson, # 29 Exhibit BB - to Declaration of Karl Olson, # 30 Exhibit CC - to Declaration of Karl Olson, # 31 Exhibit DD - to Declaration of Karl Olson, # 32 Exhibit EE - to Declaration of Karl Olson, # 33 Exhibit FF - to Declaration of Karl Olson, # 34 Exhibit GG - to Declaration of Karl Olson, # 35 Exhibit HH - to Declaration of Karl Olson, # 36 Exhibit II - to Declaration of Karl Olson, # 37 Exhibit JJ - to Declaration of Karl Olson, # 38 Exhibit KK - to Declaration of Karl Olson, # 39 Exhibit LL - to Declaration of Karl Olson, # 40 Exhibit MM - to Declaration of Karl Olson, # 41 Exhibit NN - to Declaration of Karl Olson, # 42 Exhibit OO - to Declaration of Karl Olson, # 43 Exhibit PP - to Declaration of Karl Olson, # 44 Exhibit QQ - to Declaration of Karl Olson, # 45 Exhibit RR - to Declaration of Karl Olson, # 46 Exhibit SS - to Declaration of Karl Olson, # 47 Exhibit TT - to Declaration of Karl Olson, # 48 Exhibit UU - to Declaration of Karl Olson, # 49 Exhibit VV - to Declaration of Karl Olson, # 50 Declaration Declaration of Charles Tiefer in Support of Plaintiff's Cross-Motion for Summary Judgement and Opposition to Defendants' Motion for Summary Judgement, # 51 Declaration Declaration of David Downey in Support of Plaintiff's Cross-Motion for Summary Judgement and Opposition to Defendants' Motion for Summary Judgement, # 52 Exhibit A - to Declaration of David Downey, # 53 Declaration Declaration of Lloyd Chapman in Support of Plaintiff's Cross-Motion for Summary Judgement and Opposition to Defendants' Motion for Summary Judgement, # 54 Exhibit A - to Declaration of Lloyd Chapman, # 55 Exhibit B - to Declaration of Lloyd Chapman, # 56 Exhibit C - to Declaration of Lloyd Chapman, # 57 Exhibit D - to Declaration of Lloyd Chapman, # 58 Declaration Declaration of William Shook in Support of Plaintiff's Cross-Motion for Summary Judgement and Opposition to Defendants' Motion for Summary Judgement, # 59 Appendix Request for Judicial Notice in Support of Opposition to Defendants' Motion for Summary Judgement and Cross-Motion for Summary Judgement, # 60 Proposed Order [Proposed] Order Denying Defendants' Motion for Summary Judgement and Granting Plaintiff Cross-Motion for Summary Judgement)(Olson, Karl) (Filed on 12/7/2018) (Entered: 12/07/2018)
2018-12-2048REPLY (re 44 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support of Motion ) and Opposition to Cross-Motion filed byDepartment of Defense. (Attachments: # 1 Declaration of Janice Buffler, # 2 Declaration of Mark H. Herrington, # 3 Declaration of Kimberly Friday, # 4 Declaration of Ellen London)(London, Ellen) (Filed on 12/20/2018) (Entered: 12/20/2018)
2018-12-2649MOTION Defendants' Administrative Motion to Continue the Hearing on the Parties' Cross Motions for Summary Judgment filed by Department of Defense. Responses due by 1/9/2019. Replies due by 1/16/2019. (Attachments: # 1 Declaration of Ellen London, # 2 Proposed Order)(London, Ellen) (Filed on 12/26/2018) (Entered: 12/26/2018)
2018-12-2850ORDER RE 49 ADMINISTRATIVE MOTION TO CONTINUE HEARING. Signed by Judge Alsup. Motion Hearing set for 1/31/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (whalc2, COURT STAFF) (Filed on 12/28/2018) (Entered: 12/28/2018)
2019-01-0351REPLY (re 44 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support of Motion ) filed byAmerican Small Business League. (Attachments: # 1 Declaration REPLY DECLARATION OF KARL OLSON IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES CROSS-MOTION FOR SUMMARY JUDGMENT)(Olson, Karl) (Filed on 1/3/2019) (Entered: 01/03/2019)
2019-01-03Set/Reset Deadlines as to 44 MOTION for Summary Judgment: Motion Hearing set for 1/31/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (tlhS, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)
2019-01-03Set/Reset Hearing (tlhS, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)
2019-01-2452NOTICE by Department of Defense (London, Ellen) (Filed on 1/24/2019) (Entered: 01/24/2019)
2019-01-2853STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed by American Small Business League. (Olson, Karl) (Filed on 1/28/2019) Modified on 1/28/2019 (amgS, COURT STAFF). (Entered: 01/28/2019)
2019-01-3154Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re 44 MOTION for Summary Judgment held on 1/31/2019. Matter taken under submission. Court to issue written order. (Total Time in Court: 28 minutes.) Court Reporter: Katherine Sullivan. Plaintiff Attorney: Karl Olson, Aaron Field, Qwalyne Lawson. Defendant Attorney: Ellen London. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 1/31/2019) (Entered: 01/31/2019)
2019-03-0155NOTICE by Department of Defense (Attachments: # 1 Declaration of Mark H. Herrington)(London, Ellen) (Filed on 3/1/2019) (Entered: 03/01/2019)
2019-03-0156TRANSCRIPT ORDER for proceedings held on 1/31/2019 before Judge William Alsup by American Small Business League, for Court Reporter Katherine Sullivan. (Olson, Karl) (Filed on 3/1/2019) (Entered: 03/01/2019)
2019-03-0857Transcript of Proceedings held on 1/31/19, before Judge William H. Alsup. Court Reporter/Transcriber Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 56 Transcript Order ) Redaction Request due 3/29/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/6/2019. (Related documents(s) 56 ) (Sullivan, Katherine) (Filed on 3/8/2019) (Entered: 03/08/2019)
2019-03-0858ORDER ON 44 47 CROSS-MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 3/8/2019) (Entered: 03/08/2019)
2019-03-1959JOINT CASE MANAGEMENT STATEMENT Pursuant to ECF 58 filed by American Small Business League and Department of Defense. (Olson, Karl) (Filed on 3/19/2019) Modified on 3/19/2019 (amgS, COURT STAFF). Modified on 3/19/2019 (amgS, COURT STAFF). (Entered: 03/19/2019)
2019-03-2560STIPULATION WITH PROPOSED ORDER Re Scheduling of Pretrial and Trial Dates filed by Department of Defense and American Small Business League. (London, Ellen) (Filed on 3/25/2019) Modified on 3/26/2019 (amgS, COURT STAFF). (Entered: 03/25/2019)
2019-04-0961ORDER ON 60 STIPULATED SCHEDULE RE PRETRIAL AND TRIAL DATES. Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 4/9/2019) (Entered: 04/09/2019)
2019-04-1762NOTICE of Appearance by Savith Iyengar (Iyengar, Savith) (Filed on 4/17/2019) (Entered: 04/17/2019)
2019-04-1863NOTICE of Appearance by Therese Yvonne Cannata (Cannata, Therese) (Filed on 4/18/2019) (Entered: 04/18/2019)
2019-04-2664NOTICE by Department of Defense re 58 Order on Motion for Summary Judgment of Further Release of Documents (Attachments: # 1 Declaration Mark H. Herrington, # 2 Declaration Hirsh D. Kravitz, # 3 Declaration Ellen London)(London, Ellen) (Filed on 4/26/2019) (Entered: 04/26/2019)
2019-05-0365STIPULATION WITH PROPOSED ORDER Re Amendment to Pretrial Schedule filed by Department of Defense and American Small Business League. (London, Ellen) (Filed on 5/3/2019) Modified on 5/6/2019 (amgS, COURT STAFF). (Entered: 05/03/2019)
2019-05-0366STIPULATION WITH PROPOSED ORDER re Evidence of FOIA Requests and Responses filed by American Small Business League and Department of Defense. (Olson, Karl) (Filed on 5/3/2019) Modified on 5/6/2019 (amgS, COURT STAFF). (Entered: 05/03/2019)
2019-05-0767*** DISREGARD. ERROR IN FILING. PLEASE SEE 68 FOR UPDATED MOTION *** MOTION to Intervene ; Memorandum of Points & Authorities filed by Lockheed Martin Corporation. Motion Hearing set for 6/13/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 5/21/2019. Replies due by 5/28/2019. (Attachments: # 1 Answer to Second Amended Complaint, # 2 Proposed Order Granting Lockheed Martin's Motion to Intervene)(Chun, A.) (Filed on 5/7/2019) Modified on 5/8/2019 (amgS, COURT STAFF). (Entered: 05/07/2019)
2019-05-0768MOTION to Intervene ; Memorandum of Points and Authorities CORRECTION OF DOCKET # 67 filed by Lockheed Martin Corporation. Motion Hearing set for 6/13/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 5/21/2019. Replies due by 5/28/2019. (Attachments: # 1 Answer to Second Amended Complaint, # 2 Proposed Order Granting Lockheed Martin's Motion to Intervene)(Chun, A.) (Filed on 5/7/2019) (Entered: 05/07/2019)
2019-05-0869ORDER RE AMENDMENT TO PRETRIAL ORDER (pursuant to 65 ). Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 5/8/2019) (Entered: 05/08/2019)
2019-05-0870ORDER RE EVIDENCE OF FOIA REQUESTS AND RESPONSES (pursuant to 66 ). Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 5/8/2019) (Entered: 05/08/2019)
2019-05-0971CLERK'S NOTICE CONTINUING MOTION HEARING: Motion Hearing re 68 MOTION to Intervene previously set for 6/13/2019 8:00 AM is rescheduled to 6/20/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 5/9/2019) (Entered: 05/09/2019)
2019-05-0972Supplemental Brief re 64 Notice (Other), Response and Objection to Defendants' "Notice of Further Release of Documents" filed byAmerican Small Business League. (Attachments: # 1 Declaration Supplemental Declaration of Karl Olson, # 2 Proposed Order RE Defendants' Continued Withholdings Under Exemption 5)(Related document(s) 64 ) (Olson, Karl) (Filed on 5/9/2019) (Entered: 05/09/2019)
2019-05-0973MOTION for Leave to File Motion for Reconsideration (Civil L.R. 7-9) filed by American Small Business League. (Attachments: # 1 Proposed Order Granting Motion for Leave to File Motion for Reconsideration)(Olson, Karl) (Filed on 5/9/2019) (Entered: 05/09/2019)
2019-05-1374ORDER GRANTING 73 MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION (AS MODIFIED). Signed by Judge William Alsup. (whalc2, COURT STAFF) (Filed on 5/13/2019) (Entered: 05/13/2019)
2019-05-1775Rule 7.1 Disclosures by Lockheed Martin Corporation identifying Other Affiliate State Street Corporation, Other Affiliate Sikorsky Aircraft Corporation, Other Affiliate State Street Bank and Trust Company for Lockheed Martin Corporation. (Chun, A.) (Filed on 5/17/2019) (Entered: 05/17/2019)
2019-05-2076MOTION for leave to appear in Pro Hac Vice of Daniel W. Wolff ( Filing fee $ 310, receipt number 0971-13362631.) filed by Lockheed Martin Corporation. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Wolff, Daniel) (Filed on 5/20/2019) (Entered: 05/20/2019)
2019-05-2177OPPOSITION/RESPONSE (re 68 MOTION to Intervene ; Memorandum of Points and Authorities CORRECTION OF DOCKET # 67 ) filed byAmerican Small Business League. (Attachments: # 1 Declaration of Karl Olson, # 2 Proposed Order)(Olson, Karl) (Filed on 5/21/2019) (Entered: 05/21/2019)
2019-05-2178NOTICE by American Small Business League re 72 Supplemental Brief, of Errata (Attachments: # 1 Declaration Corrected Declaration of Karl Olson)(Olson, Karl) (Filed on 5/21/2019) (Entered: 05/21/2019)
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