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Case TitleSmith v. U.S. Department of Transportation et al
DistrictDistrict of Oregon
CityEugene
Case Number6:2019cv01482
Date Filed2019-09-13
Date ClosedOpen
JudgeJudge Ann L. Aiken
PlaintiffSteven Smith
Case DescriptionSteven Smith submitted four FOIA requests to the Department of Transportation and one FOIA request to the Department of Health and Human Services. His requests to DOT concerned a fly-over of his home. His FOIA request to HHS asked for records concerning Medicare coverage of biopsies for suspicious cancerous lesions. The agencies acknowledged receipt of his requests but after both agencies failed to respond, Smith filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantU.S. Department of Transportation
DefendantU.S. Department of Health and Human Services
DefendantU.S. Department of Health and Human Services
TERMINATED: 11/18/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-131Complaint. Filing fee in the amount of $400 collected. Receipt No. 13107. Summons issued as to U.S Department of Transportation and U.S. Department of Health and Human Services. Jury Trial Requested: No. Filed by Steven Smith against All Defendants (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Proposed Summons, # 4 Proposed Summons). (kf) (Entered: 09/13/2019)
2019-09-132Summons Issued as to U.S. Department of Health and Human Services, U.S. Department of Transportation. (kf) (Entered: 09/13/2019)
2019-09-133Notice of Case Assignment to Judge Ann L. Aiken 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 1/13/2020. Joint Alternate Dispute Resolution Report is due by 2/10/2020. Pretrial Order is due by 2/10/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 9/13/19.) (kf) (Entered: 09/13/2019)
2019-09-134CASE MANAGEMENT ORDER. Signed on 9/13/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 9/13/2019.) (ck) (Entered: 09/13/2019)
2019-10-285Answer to 1 Complaint, . Filed by U.S. Department of Health and Human Services, U.S. Department of Transportation. (Danielson, Kevin) (Entered: 10/28/2019)
2019-11-126Plaintiff's Motion for Partial Summary Judgment and Memorandum and Plaintiff's Declaration in Support. Filed by Steven Smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (bd) (Entered: 11/13/2019)
2019-11-157Plaintiff's Motion for Voluntary Dismissal of Defendant U.S. Dept. of Health & Human Services. Filed by Steven Smith. (bd) (Entered: 11/18/2019)
2019-11-188ORDER: Granting Plaintiff's Motion for Voluntary Dismissal of Defendant U.S. Dept. of Health & Human Services 7 . Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 11/18/2019.) (ck) (Entered: 11/18/2019)
2019-12-039Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Partial Summary Judgment 6 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/03/2019)
2019-12-0310ORDER: Granting 9 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Partial Summary Judgment 6 filed by Steven Smith. Response is due by 1/2/2020. Motion is taken under advisement as of 1/21/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 12/3/2019.) (ck) (Entered: 12/03/2019)
2019-12-3111Unopposed Motion for Extension of Time to File a Response/Reply (Second) to Motion for Partial Summary Judgment 6 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 12/31/2019)
2019-12-3112ORDER: Granting 11 Unopposed Motion for Extension of Time to File Response/Reply to Motion for Partial Summary Judgment 6 . Response is due by 1/9/2020. Motion is taken under advisement as of 1/27/2020. Ordered by Judge Ann L. Aiken. (Mailed to Pro Se party on 12/31/2019.) (ck) (Entered: 12/31/2019)
2020-01-0913Response to Motion for Partial Summary Judgment 6 . Filed by U.S. Department of Transportation. (Danielson, Kevin) (Entered: 01/09/2020)
2020-01-0914Declaration of Michael Bell . Filed by U.S. Department of Transportation. (Related document(s): Response to Motion 13 .) (Danielson, Kevin) (Entered: 01/09/2020)
2020-01-2415Plaintiff's Reply to Defendant's Response to Plaintiff's Motion for Partial Summary Judgment 6 . Filed by Steven Smith. (Attachments: # 1 Exhibit) (bd) (Entered: 01/27/2020)
2020-02-0416OPINION AND ORDER: Plaintiff's Motion for Partial Summary Judgment 6 is DENIED. Signed on 2/4/2020 by Judge Ann L. Aiken. (Mailed to Pro Se party on 2/5/2020.) (ck) (Entered: 02/05/2020)
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by FOIA Project Staff
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