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Case TitleSouthern California Public Radio v. United States Small Business Administration
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2020cv06490
Date Filed2020-07-21
Date ClosedOpen
JudgeJudge Otis D. Wright, II
PlaintiffSouthern California Public Radio a non-profit organization
doing business as KPCC/LAist
Case DescriptionReporter Emily Guerin of KPCC/LA submitted a FOIA request to the U.S. Small Business Administration for records concerning a list of recipients of payroll protection loans in California. The agency acknowledged receipt of the request and told Guerin that it would provide the records in full. However, after hearing nothing from the agency, Guerin filed an administrative appeal. After hearing nothing further, Guerin filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Small Business Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-211COMPLAINT Receipt No: ACACDC-27298172 - Fee: $400, filed by plaintiff KPCC/LAist. (Attorney Karl Olson added to party KPCC/LAist(pty:pla))(Olson, Karl) (Entered: 07/21/2020)
2020-07-212CIVIL COVER SHEET filed by Plaintiff KPCC/LAist. (Olson, Karl) (Entered: 07/21/2020)
2020-07-213Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by plaintiff KPCC/LAist. (Olson, Karl) (Entered: 07/21/2020)
2020-07-214Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by plaintiff KPCC/LAist. (Olson, Karl) (Entered: 07/21/2020)
2020-07-215Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff KPCC/LAist. (Olson, Karl) (Entered: 07/21/2020)
2020-07-216NOTICE of Interested Parties filed by Plaintiff KPCC/LAist, identifying SOUTHERN CALIFORNIA PUBLIC RADIO. (Olson, Karl) (Entered: 07/21/2020)
2020-07-227NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alka Sagar. (lh) (Entered: 07/22/2020)
2020-07-228NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 07/22/2020)
2020-07-229NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 5 , Summons Request 3 , Summons Request 4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lh) (Entered: 07/22/2020)
2020-07-2210Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/22/2020)
2020-07-2211Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/22/2020)
2020-07-2212Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/22/2020)
2020-07-2213NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 10 , Summons Request 11 , Summons Request 12 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Matter is no longer pending before case opening clerk. Case number is MISSING. Official case number as assigned is :2:20cv06490 ODW (ASx), see docket no. 7.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) (Entered: 07/22/2020)
2020-07-2214Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/22/2020)
2020-07-2215Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/22/2020)
2020-07-2216Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/22/2020)
2020-07-2317NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request 14 , Summons Request 15 , Summons Request 16 . The following error(s) was found: Clerk was about to issue the resubmitted summons now with case number. However upon the attempt to issue the summon s, it was found that 1) The Clerk in Error, initially failed to find this was a Freedom of Information Act case when the first deficiency was issued. Freedom of Information act cases requires a 30 DAY summons to be issued. The pdfs are incorrect re 21 and or 60 day. Please Refer to court website under A0-440 Summons form section 4.... Exception: If a defendant is subject to a different time period for responding to the complaint, as described below, prepare a separate summons with the appropriate time period for that defendant. 30 days: if the case is filed under the Freedom of Information Act. 2) There is only one Named defendant UNITED STATES SMALL BUSINESS ADMINISTRATION Filer has prepared 2 separate summons as named defendants William P. Barr US Attorney General and Nicola T Hanna, US Attorney... these are Not Named defendants. Only one summons is issued re one defendant, if additional summons are requested, please correct the Named defendant area, accordingly. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) (Entered: 07/23/2020)
2020-07-2318MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 07/23/2020)
2020-07-2319AMENDED Notice of Deficiency in Request to Issue Summons 17 (see document re deficiencies as previously cited. Amended with NOTE :SEE ATTACHMENT OF FOIA 30 SUMMONS TO ASSIST FILER- Acceptable form). (Attachments: # 1 FOIA SMS FORM)(lc) (Entered: 07/23/2020)
2020-07-2420Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 07/24/2020)
2020-07-242130 DAYS Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant United States Small Business Administration. (lc) (Entered: 07/24/2020)
2020-07-2922First NOTICE of Appearance filed by attorney Karlene Worthington Goller on behalf of Plaintiff Southern California Public Radio (Goller, Karlene) (Entered: 07/29/2020)
2020-07-2923PROOF OF SERVICE Executed Southern California Public Radio, upon Defendant United States Small Business Administration served on 7/27/2020, answer due 8/26/2020. Service of the Summons and Complaint were The officer agency or corporation was NOT served. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (Olson, Karl) (Entered: 07/29/2020)
2020-08-1824PROOF OF SERVICE Executed Southern California Public Radio, upon Defendant United States Small Business Administration served on 8/12/2020, answer due 9/11/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to William Barr, Attorney General of the United States. Executed upon the officer agency or corporation by delivering a copy to Small Business Administration. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (Olson, Karl) (Entered: 08/18/2020)
2020-08-3125First NOTICE of Appearance filed by attorney Irene Lee on behalf of Plaintiff Southern California Public Radio (Attorney Irene Lee added to party Southern California Public Radio(pty:pla))(Lee, Irene) (Entered: 08/31/2020)
2020-09-1126Notice of Appearance or Withdrawal of Counsel: for attorney James Bickford counsel for Defendant United States Small Business Administration. Adding James Bickford as counsel of record for U.S. Small Business Administration for the reason indicated in the G-123 Notice. Filed by Defendant U.S. Small Business Administration. (Attorney James Bickford added to party United States Small Business Administration(pty:dft))(Bickford, James) (Entered: 09/11/2020)
2020-09-1127ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Small Business Administration.(Bickford, James) (Entered: 09/11/2020)
2020-09-1428ORDER that the Scheduling Conference is set for January 4, 2021 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) (Entered: 09/14/2020)
2020-09-1429First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 filed by Plaintiff Southern California Public Radio. Motion set for hearing on 10/19/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: # 1 Declaration Karl Olson Declaration, # 2 Exhibit Karl Olson Declaration Exhibits A-W, # 3 Declaration Karlene Goller Declaration, # 4 Declaration Emily Guerin Declaration) (Olson, Karl) (Entered: 09/14/2020)
2020-09-1430STATEMENT of UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 09/14/2020)
2020-09-1431REQUEST FOR JUDICIAL NOTICE re First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 09/14/2020)
2020-09-1432MEMORANDUM in Support of First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 09/14/2020)
2020-09-1433Amendment to First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 09/14/2020)
2020-09-1434NOTICE OF LODGING filed regarding Proposed Judgment re First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 (Attachments: # 1 Proposed Judgment)(Olson, Karl) (Entered: 09/14/2020)
2020-09-1535NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement (Motion related), 30 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): proposed statement of controverted facts are to be approved by the Judge, and should not be efiled, but submitted as a separate attachment to a main document. In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 09/15/2020)
2020-09-2836NOTICE OF MOTION AND MOTION to Stay Case filed by Defendant United States Small Business Administration. Motion set for hearing on 11/2/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Bickford, James) (Entered: 09/28/2020)
2020-09-2837MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 filed by Defendant United States Small Business Administration. (Attachments: # 1 Statement of Disputed Facts)(Bickford, James) (Entered: 09/28/2020)
2020-09-2938NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Stay Case 36 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. RE the above - Missing formal LR 6.1 formal Notice of Motion TEXT re hearing date, time, Judge and courtroom and Court Street address, information In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 09/29/2020)
2020-10-0539REPLY in support of First NOTICE OF MOTION AND MOTION for Summary Judgment as to Freedom of Information Act Requests Pursuant to 5 U.S.C. section 552 & Federal Rule of Civil Procedure 56 29 filed by Plaintiff Southern California Public Radio. (Attachments: # 1 Declaration)(Olson, Karl) (Entered: 10/05/2020)
2020-10-0940MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On the Court's own motion, the Court CONTINUES the hearing on Plaintiff's Motion for Summary Judgment (ECF No. 29) currently set for hearing on October 19, 2020, to November 2, 2020, at 1:30 p.m. (bm) (Entered: 10/09/2020)
2020-10-1941REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Stay Case 36 filed by Defendant United States Small Business Administration. (Bickford, James) (Entered: 10/19/2020)
2020-10-2942NOTICE of Supplemental Authority filed by Defendant United States Small Business Administration. (Attachments: # 1 Exhibit A)(Bickford, James) (Entered: 10/29/2020)
2020-10-2943COUNSEL ARE NOTIFIED, the (Telephonic)-Motion hearing set on November 2, 2020, will be HEARD at 2:30pm.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY (Entered: 10/29/2020)
2020-10-3044OBJECTION In Opposition to re: NOTICE OF MOTION AND MOTION to Stay Case 36 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 10/30/2020)
2020-11-0245MINUTES OF MOTIONS RE SUMMARY JUDGMENT AND TO STAY CASE HEARING held before Judge Otis D. Wright, II: Case called, telephonic appearances made. The Court having carefully considered the papers, and having heard oral argument of counsel. The Court rules as follows: -MOTION for Summary Judgment 29 -DENIED.-MOTION to Stay Case 36 -GRANTED. Counsel for defendant, SBA is ordered to keep the Court apprised of the status of the two lawsuits in the District Court in the District of Columbia. Court Reporter: Miranda Algorri-(VTC). (lc) (Entered: 11/02/2020)
2020-11-0546NOTICE of Related Decision filed by Defendant United States Small Business Administration. (Attachments: # 1 Exhibit -- Opinion in Washington Post v. SBA)(Bickford, James) (Entered: 11/05/2020)
2020-11-1247TRANSCRIPT ORDER as to plaintiff Southern California Public Radio for Court Reporter. Court will contact Karl Olson at kolson@cofolaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Olson, Karl) (Entered: 11/12/2020)
2020-11-1348MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: In light of the related decision in Washington Post, et al. v. U.S. Small Business Administration, No. 20-cv-1240 (D.D.C.) and Center for Public Integrity v. U.S. Small BusinessAdministration, No. 20-cv-1614 (D.D.C.), ordering the Small Business Administration to release withheld Paycheck Protection Program loan data by November 19, 2020, the stay in this matter is hereby LIFTED. The parties are ORDERED to submit a Joint Status Report by no later than November 19, 2020, regarding the status of production. (lc) (Entered: 11/13/2020)
2020-11-1949TRANSCRIPT for proceedings held on 11-02-2020, 2:29 pm. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 12/21/2020. Release of Transcript Restriction set for 2/17/2021. (Algorri, Miranda) (Entered: 11/19/2020)
2020-11-1950NOTICE OF FILING TRANSCRIPT filed for proceedings 11-02-2020, 2:29 pm re Transcript 49 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY (Entered: 11/19/2020)
2020-11-1951STATUS REPORT filed by Plaintiff Southern California Public Radio. (Field, Aaron) (Entered: 11/19/2020)
2020-11-2352MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:On November 19, 2020, the parties filed a Joint Status Report regarding the status of the related actions and the associated court order for disclosure of PPP loan information. The parties request leave to submit a further joint status report on or before December 14, 2020. The parties request is GRANTED. No later than December 14, 2020, the parties shall file a joint status report and propose a schedule for further proceedings in this case. (lc) (Entered: 11/23/2020)
2020-12-1453STATUS REPORT PURSUANT TO ECF NO. 52 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 12/14/2020)
2020-12-1454STATUS REPORT PURSUANT TO ECF NO. 52 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 12/14/2020)
2020-12-1455STATUS REPORT PURSUANT TO ECF NO. 52 filed by Plaintiff Southern California Public Radio. (Olson, Karl) (Entered: 12/14/2020)
2020-12-2856STATEMENT Joint Case Management Statement filed by Plaintiff Southern California Public Radio (Attachments: # 1 Supplement)(Field, Aaron) (Entered: 12/28/2020)
2020-12-2957MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: Pursuant to the parties Joint Case Management Statement (ECF No. 56), in which Plaintiff requests, with Defendants consent, that the Court set a schedule to govern Plaintiffsmotion for attorneys fees, the Court sets the following briefing schedule:Deadline to file: Plaintiffs Motion for Attorneys Fees: February 5, 2021Defendants Opposition to Motion for Attorneys Fees: February 19, 2021Plaintiffs Reply: February 26, 2021 The hearing on Plaintiffs motion shall be on March 15, 2021, at 1:30 p.m. Additionally, pursuant to the parties ADR request (ECF No. 56-1), the Court ORDERS parties shall conduct settlement conference in accordance with ADR Procedure No 1, appearance before the Magistrate Judge assigned to the case, Magistrate Judge Alka Sagar no later than March 8, 2021. (lc) (Entered: 12/29/2020)
2020-12-2958ORDER/REFERRAL to ADR Procedure No 1 by Judge Otis D. Wright, II. Case ordered to Magistrate Judge Alka Sagar for Settlement Conference. (lc) (Entered: 12/29/2020)
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