Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that Neal Nelson failed to exhaust his administrative remedies pertaining to a request for which the Army had indicated he would owe $4,000 to cover the costs of pre-disclosure notification to business submitters. Nelson had developed a software program that allowed users of newer computers to access programs written for older machines and had licensed it for use by the U.S. Army. He believed the Army was allowing third parties to use the software. He complained to the Army, which investigated the charges and found no violations. In February 2008 he made a FOIA request for a draft version of the report, which he believed concluded that the Army was at fault. This report was initially withheld under Exemption 5 (privileges), but Nelson's appeal was denied on the basis that the draft document no longer existed. Prior to this request, Nelson, in 2007, had requested records showing any non-government use of his software between 2001 and 2006. After getting no response, he followed with another request in 2009 for essentially the same information for the time up to 2009. These requests were denied for failure to pay the cost of pre-disclosure notification. Nelson litigated that charge and lost. He then paid $1159 and received a response in March 2012 in which some information was withheld under Exemption 4 (confidential business information). Nelson appealed to the initial denial authority, which upheld most of the exemption claims and told him he could file a further appeal with the Secretary of the Army. Nelson did not appeal the request further. He submitted a final FOIA request in 2012 for more extensive records concerning any third party use of his software. He received a fee estimate of $4,075 to cover the costs of pre-disclosure notification, but never responded. The court first noted that the Army had asked that Nelson's case be bifurcated, hearing the exhaustion claims first and the exemption claims later. But the Army then suggested the court hear both claims, which the court rejected as being unfair to Nelson. Nelson argued that he had appealed the Army's denial of his 2007 and 2009 requests pertaining to pre-disclosure notification costs. The court noted, however, that "those letters [from the Army] address Plaintiff's responsibility to play PDN fees which were the subject of the parties' prior litigation before this court. . .Plaintiff ultimately paid the PDN fees in 2011 and in 2012 the Army completed its disclosure relating to Nelson's 2007 and 2009 FOIA requests. Nelson subsequently sought a formal denial related to the information redacted from Defendant's 2012 disclosures and the Army IDA issued a formal denial on April 19, 2012. Rather than appealing the IDA decision to the Secretary of the Army, as required to exhaust his administrative remedies, Plaintiff filed the instant suit. Because Plaintiff failed to pursue appellate review from the head of the agency, he has failed to actually exhaust his administrative remedies under the FOIA." As to his failure to appeal the pre-disclosure notification costs for his 2012 request, the court observed that "Regardless of whether Nelson constructively exhausted his administrative remedies [because the agency failed to respond to his request in time], however, he is not entitled to judicial review. Plaintiff is statutorily obligated to pay all fees which the Army is authorized to collect, and constructive exhaustion does not relieve him of this obligation."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2012-06-15	1	COMPLAINT filed by Neal Nelson; (Exhibits) (Attachments: # 1 Attachment 1)(kj, ) (Entered: 06/19/2012)
2012-06-15	2	CIVIL Cover Sheet. (kj, ) (Entered: 06/19/2012)
2012-06-15	3	PRO SE Appearance by Plaintiff Neal Nelson. (kj, ) (Entered: 06/19/2012)
2012-06-19	4	MINUTE entry before Honorable Rebecca R. Pallmeyer: Status hearing set for 8/20/2012 at 09:00 AM, courtroom 2119. Mailed notice (etv, ) (Entered: 06/19/2012)
2012-07-05	6	CERTIFICATE of Service by Plaintiff Neal Nelson (Nelson, Neal) (Entered: 07/05/2012)
2012-07-16	7	DESIGNATION of David R Lidow as U.S. Attorney for Defendant United States Army (Lidow, David) (Entered: 07/16/2012)
2012-07-16	8	MOTION by Defendant United States Army for extension of time to file answer (Lidow, David) (Entered: 07/16/2012)
2012-07-16	9	NOTICE of Motion by David R Lidow for presentment of motion for extension of time to file answer 8 before Honorable Rebecca R. Pallmeyer on 7/19/2012 at 08:45 AM. (Lidow, David) (Entered: 07/16/2012)
2012-07-18	10	MINUTE entry before Honorable Rebecca R. Pallmeyer: Defendant's motion to extend time to answer or otherwise plead 8 granted to and including 8/15/2012. Status hearing set for 8/20/2012 stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to Fed. R. Civ. P. 16. on 8/27/2012 at 9:00 AM. Counsel are requested promptly to meet face-to-face for a discussion of possible settlement and for preparation of a planning report. The form is accessible from the court's Internet site, www.ilnd.uscourts.gov. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Mailed notice (etv, ) (Entered: 07/18/2012)
2012-08-15	11	ANSWER to Complaint by United States Army(Lidow, David) (Entered: 08/15/2012)
2012-08-27	12	MINUTE entry before Honorable Rebecca R. Pallmeyer: Rule16 conference convened. Defendant has leave to file its motion for summary judgment on or before 10/11/2012. Plaintiff's response to Defendant's motion for summary judgment to be filed by or on 11/1/2012; reply to be filed by or on 11/21/2012; ruling to be made by mail. Mailed notice (etv, ) (Entered: 08/27/2012)
2012-10-04	13	MOTION by Defendant United States Army to set a briefing schedule and for leave to bifurcate dispositive motions (Lidow, David) (Entered: 10/04/2012)
2012-10-04	14	NOTICE of Motion by David R Lidow for presentment of motion by filer to set a briefing schedule 13 before Honorable Rebecca R. Pallmeyer on 10/9/2012 at 08:45 AM. (Lidow, David) (Entered: 10/04/2012)
2012-10-04		MOTION by Defendant United States Army to bifurcate. (Omitted Relief from document number 14 .) (kj, ) (Entered: 10/05/2012)
2012-10-09	15	MINUTE entry before Honorable Rebecca R. Pallmeyer: Motion hearing held on 10/9/2012. Defendant's motion to amend scheduling order and for leave to bifurcate dispositive motions 13 granted. Date for Defendant's motion for summary judgment, limited to the issue of exhaustion, to be filed by or on 10/25/2012. Response to be filed by or on 11/8/2012; reply to be filed by or on 11/21/2012. Ruling to be made by mail. Mailed notice (etv, ) (Entered: 10/09/2012)
2012-10-25	16	MOTION by Defendant United States Army for summary judgment (Lidow, David) (Entered: 10/25/2012)
2012-10-25	17	MEMORANDUM by United States Army in support of motion for summary judgment 16 (Lidow, David) (Entered: 10/25/2012)
2012-10-25	18	RULE 56 Statement by United States Army regarding motion for summary judgment 16 (Attachments: # 1 Exhibit A)(Lidow, David) (Entered: 10/25/2012)
2012-10-25	19	NOTICE by United States Army re MOTION by Defendant United States Army for summary judgment 16 (Lidow, David) (Entered: 10/25/2012)
2012-11-08	20	RESPONSE by Neal Nelsonin Opposition to MOTION by Defendant United States Army for summary judgment 16 (Nelson, Neal) (Entered: 11/08/2012)
2012-11-08	21	MEMORANDUM by Neal Nelson in Opposition to motion for summary judgment 16 (Nelson, Neal) (Entered: 11/08/2012)
2012-11-08	22	DECLARATION of Neal Nelson regarding motion for summary judgment 16 (Nelson, Neal) (Entered: 11/08/2012)
2012-11-20	23	REPLY by Defendant United States Army to response in opposition to motion 20 (Lidow, David) (Entered: 11/20/2012)
2012-11-20	24	REPLY by United States Army to memorandum in opposition to motion 21 (Attachments: # 1 Exhibit A-E)(Lidow, David) (Entered: 11/20/2012)
2013-09-05	25	MOTION by Plaintiff Neal Nelson to continue Defendant's Motion for Sum. Judgment (Nelson, Neal) (Entered: 09/05/2013)
2013-09-10	26	NOTICE of Motion by Neal Nelson for presentment of motion to continue 25 before Honorable Rebecca R. Pallmeyer on 9/17/2013 at 08:45 AM. (Nelson, Neal) (Entered: 09/10/2013)
2013-09-17	27	MINUTE entry before Honorable Rebecca R. Pallmeyer: Motion hearing held on 9/17/2013. Plaintiff Neal Nelson's Rule 56(d) motion to continue Defendant's summary judgment motion until the close of discovery, or alternatively, to deny the motion 25 is entered and continued. Status hearing set for 10/7/2013 at 9:00 AM. Mailed notice (etv, ) (Entered: 09/17/2013)
2013-09-25	28	MINUTE entry before Honorable Rebecca R. Pallmeyer: Defendant's motion for summary judgment 16 is granted in part and denied in part. Defendant's motion is granted as to Plaintiff's claim regarding his 2007, 2009, and 2012 FOIA requests. The claim relating to Plaintiff's 2012 request is dismissed without prejudice to renewal of this request upon payment of its associated processing costs. Defendant's motion is denied as to Plaintiff's 2008 FOIA request. Mailed notice (etv, ) (Entered: 09/25/2013)
2013-09-25	29	MEMORANDUM Opinion and Order Signed by the Honorable Rebecca R. Pallmeyer on 9/25/2013: Mailed notice(etv, ) (Entered: 09/25/2013)
2013-10-07	30	MINUTE entry before Honorable Rebecca R. Pallmeyer: Status hearing held on 10/7/2013. Defendant's motion for summary judgment on the remaining issue and Plaintiff's motion for reconsideration to be filed within sixty (60) days. Plaintiff's motion to continue 25 is denied. Status hearing set for 12/12/2013 at 9:00 AM. Mailed notice (etv, ) (Entered: 10/07/2013)
2013-10-07	31	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo. Mailed notice(ph, ) (Entered: 10/07/2013)
2013-10-17	32	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order) Signed by the Honorable Ruben Castillo on 10/17/2013.(nf, ) (Entered: 10/18/2013)
2013-12-06	33	MOTION by Defendant United States Army for extension of time (Lidow, David) (Entered: 12/06/2013)
2013-12-06	34	NOTICE of Motion by David R Lidow for presentment of extension of time 33 before Honorable Rebecca R. Pallmeyer on 12/11/2013 at 08:45 AM. (Lidow, David) (Entered: 12/06/2013)
2013-12-06	35	MOTION by Plaintiff Neal Nelson to compel discovery , MOTION by Plaintiff Neal Nelson for extension of time (Nelson, Neal) (Entered: 12/06/2013)
2013-12-06	36	NOTICE of Motion by Neal Nelson for presentment of motion to compel, extension of time 35 before Honorable Rebecca R. Pallmeyer on 12/11/2013 at 08:45 AM. (Nelson, Neal) (Entered: 12/06/2013)
2013-12-11	37	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held on 12/11/2013. Defendant's motion to extend time to file motion for summary judgment 33 granted to and including 1/10/2014. Plaintiff's motion to compel 35 and for extension of time granted in part and denied in part. Within 30 days, Defendant United States Army to respond to the four interrogatories addressed in open court. Further discovery, if any, will be ordered only if necessary to enable Plaintiff effectively to respond to any motion for summary judgment. Status hearing set for 1/16/2014 at 9:00 AM. Mailed notice (etv, ) (Entered: 12/11/2013)
2014-01-10	38	MOTION by Defendant United States Army for summary judgment (Lidow, David) (Entered: 01/10/2014)
2014-01-10	39	MEMORANDUM by United States Army in support of motion for summary judgment 38 (Lidow, David) (Entered: 01/10/2014)
2014-01-10	40	RULE 56 Statement by United States Army regarding motion for summary judgment 38 (Attachments: # 1 Exhibit A)(Lidow, David) (Entered: 01/10/2014)
2014-01-10	41	LR 56.2 Notice to Pro Se Litigant by United States Army (Lidow, David) (Entered: 01/10/2014)
2014-01-13	42	MOTION by Plaintiff Neal Nelson for order to show cause regarding contempt (Nelson, Neal) (Entered: 01/13/2014)
2014-01-13	43	MEMORANDUM by Neal Nelson in support of motion for order to show cause 42 (Nelson, Neal) (Entered: 01/13/2014)
2014-01-13	44	NOTICE of Motion by Neal Nelson for presentment of motion for order to show cause 42 before Honorable Rebecca R. Pallmeyer on 1/16/2014 at 09:00 AM. (Nelson, Neal) (Entered: 01/13/2014)
2014-01-13	45	MOTION by Plaintiff Neal Nelson to continue until close of discovery (Nelson, Neal) (Entered: 01/13/2014)
2014-01-13	46	NOTICE of Motion by Neal Nelson for presentment of motion to continue 45 before Honorable Rebecca R. Pallmeyer on 1/16/2014 at 09:00 AM. (Nelson, Neal) (Entered: 01/13/2014)
2014-01-16	47	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held on 1/16/14. As Defendant has furnished answers to interrogatories, Plaintiff's motion to show cause (42) is denied. Motion to continue until close of discovery 45 is denied, as well, but Plaintiff is free to explain, in response to Defendant's motion for summary judgment, what discovery, if any, he needs to respond effectively. Defendant's motion for summary judgment (38] is entered and continued for briefing. Plaintiff to respond by 2/18/14. The defendant is to reply by 3/4/14. Mailed notice (clw, ) (Entered: 01/17/2014)
2014-02-13	48	TRANSCRIPT OF PROCEEDINGS held on 9/17/13 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: FRANCES WARD (312)435-5561 or frances_ward@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter FRANCES WARD (312)435-5561 before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter FRANCES WARD (312)435-5561 or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (Ward, Frances) (Entered: 02/13/2014)
2014-02-13	49	TRANSCRIPT OF PROCEEDINGS held on 10/7/13 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: FRANCES WARD (312)435-5561 or frances_ward@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter FRANCES WARD (312)435-5561 before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter FRANCES WARD (312)435-5561 or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (Ward, Frances) (Entered: 02/13/2014)
2014-02-13	50	TRANSCRIPT OF PROCEEDINGS held on 12/11/13 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: FRANCES WARD (312)435-5561 or frances_ward@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter FRANCES WARD (312)435-5561 before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter FRANCES WARD (312)435-5561 or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (Ward, Frances) (Entered: 02/13/2014)
2014-02-13	51	TRANSCRIPT OF PROCEEDINGS held on 1/16/14 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: FRANCES WARD (312)435-5561 or frances_ward@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter FRANCES WARD (312)435-5561 before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter FRANCES WARD (312)435-5561or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (Ward, Frances) (Entered: 02/13/2014)
2014-02-13	52	MOTION by Plaintiff Neal Nelson to compel discovery (Nelson, Neal) (Entered: 02/13/2014)
2014-02-13	53	NOTICE of Motion by Neal Nelson for presentment of motion to compel 52 before Honorable Rebecca R. Pallmeyer on 2/18/2014 at 08:45 AM. (Nelson, Neal) (Entered: 02/13/2014)
2014-02-13	54	MOTION by Plaintiff Neal Nelson to continue (Nelson, Neal) (Entered: 02/13/2014)
2014-02-13	55	NOTICE of Motion by Neal Nelson for presentment of motion to continue 54 before Honorable Rebecca R. Pallmeyer on 2/18/2014 at 08:45 AM. (Nelson, Neal) (Entered: 02/13/2014)
2014-02-18	56	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held. Plaintiff's motion to compel 52 is granted in part and denied in part. Defendant to file supplemental declaration within 7 days. Plaintiff's motion to continue 54 is granted. Plaintiff to respond on or before 3/25/2014 Defendant to reply on or before 4/8/2014. Plaintiff is free to issued subpoena to Ms. Reawood. Mailed notice (meg, ) (Entered: 02/18/2014)
2014-02-27	57	DECLARATION of Margaret B. Baines (Lidow, David) (Entered: 02/27/2014)
2014-03-18	58	MOTION by Plaintiff Neal Nelson to alter judgment (Nelson, Neal) (Entered: 03/18/2014)
2014-03-18	59	NOTICE of Motion by Neal Nelson for presentment of motion to alter judgment 58 before Honorable Rebecca R. Pallmeyer on 3/24/2014 at 09:00 AM. (Nelson, Neal) (Entered: 03/18/2014)
2014-03-24	60	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held on 3/24/2014. As no judgment has been entered in this case, Plaintiff's motion to alter or amend the court's order of February 18, 2014 58 is construed as a motion to compel and is granted in part and denied in part. Plaintiff has leave to take the deposition of Margaret Baines for one hour by telephone, such deposition to be taken and recorded at Plaintiff's expense prior to 3/31/2014. Date for Response to summary judgment motion extended to 4/7/2014; date for reply extended to 5/2/2014. Mailed notice (etv, ) (Entered: 03/24/2014)
2014-04-09	61	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff has advised the court that Ms. Baines reserved the right to review and make corrections in her deposition transcript. The date for filing of Plaintiff's memorandum in opposition to the motion for summary judgment is therefore extended to 7 days after Plaintiff receives the signed copy of the deposition. Mailed notice (etv, ) (Entered: 04/09/2014)
2014-05-15	62	MINUTE entry before the Honorable Rebecca R. Pallmeyer: On April 9, 2014, the court extended the date for Plaintiff's response to the motion for summary judgment to 7 days after Ms. Baines has tendered a signed copy of her deposition. To date, no response has been filed. The court is uncertain whether Ms. Baines has finished her deposition review, or, if not, when she expects to do so. A status is set for Monday, May 19, 2014, at 9:00 a.m. Mailed notice (etv, ) (Entered: 05/15/2014)
2014-05-19	63	TRANSCRIPT OF PROCEEDINGS held on 2/18/14 before the Honorable Rebecca R. Pallmeyer. Court Reporter Contact Information: FRANCES WARD (312)435-5561 or frances_ward@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/9/2014. Redacted Transcript Deadline set for 6/19/2014. Release of Transcript Restriction set for 8/18/2014. (Ward, Frances) (Entered: 05/19/2014)
2014-05-19	64	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 5/19/2014. Plaintiff's response to motion for summary judgment extended to and including 5/27/2014; reply extended to and including 6/17/2014. Mailed notice (etv, ) (Entered: 05/20/2014)
2014-05-27	65	RESPONSE by Neal Nelsonin Opposition to MOTION by Defendant United States Army for summary judgment 38 (Nelson, Neal) (Entered: 05/27/2014)
2014-05-27	66	DECLARATION of Neal Nelson (Nelson, Neal) (Entered: 05/27/2014)
2014-05-27	67	MEMORANDUM by Neal Nelson in Opposition to motion for summary judgment 38 (Nelson, Neal) (Entered: 05/27/2014)
2014-06-13	68	MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, Defendant's reply brief in support of motion for summary judgment extended to and including 6/24/2014. Mailed notice (etv, ) (Entered: 06/13/2014)
2014-06-24	69	REPLY by United States Army to memorandum in opposition to motion 67 (Lidow, David) (Entered: 06/24/2014)
2014-06-26	70	EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on June 26, 2014, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Manish S. Shah, therefore IT IS HEREBY ORDERED That the attached list of 283 cases be reassigned to the Honorable Manish S. Shah. IT IS FURTHER ORDERED that this order shall become effective on June 27, 2014. Signed by Executive Committee on June 26, 2014. Mailed notices. (td, ) (Entered: 06/27/2014)
2014-06-30	71	ORDER: This case has been reassigned to form the initial calendar of the Honorable Manish S. Shah. All previously set status dates and motion hearing dates are hereby stricken. The Court will set a date for a reassignment status conference by separate order. The parties are directed not to notice any motions for presentment prior to the reassignment status conference without first contacting the courtroom deputy. All other hearing dates, deadlines and schedules in place as of the date of this Order remain in effect. All existing referrals to the assigned magistrate judge remain in place. Counsel for the parties shall confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages, within 14 days of the entry of this Order. If defendants counsel has not yet filed an appearance, the Reassignment Status Report should be prepared by plaintiff's counsel. A template for the Reassignment Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx by clicking on Judge Shah's name and then again on the link entitled 'Cases Reassigned to Judge Shah.' Signed by the Honorable Manish S. Shah on 6/30/2014. Mailed notice (td, ) (Entered: 07/01/2014)
2014-07-16	72	STATUS Report for Reassigned Case by Neal Nelson (Nelson, Neal) (Entered: 07/16/2014)
2014-07-17	73	MINUTE entry before the Honorable Manish S. Shah: A status hearing is hereby set before Judge Shah on 8/21/14 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, ) (Entered: 07/17/2014)
2014-08-21	74	MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The defendant's Motion for Summary Judgment 38 is fully briefed. Plaintiff's request for leave to file a motion striking Defendant's Reply 69 on the basis that the reply does not comply with Local Rules 10.1 and 56.1 is denied for the reasons stated in open court. Defendant does not feel a settlement conference in this matter is useful. The court's ruling on the Motion for Summary Judgment 38 will include a ruling on the viability of the remaining counts of the complaint, and will provide the parties with any further directions necessary. Notices mailed by Judicial Staff. (psm, ) (Entered: 08/21/2014)
2014-08-25	75	ORDER Signed by the Honorable Manish S. Shah on 8/25/2014: Defendant's motion for summary judgment 38 is granted. In addition,Counts 2 and 3 of the complaint are dismissed. Enter judgment in favor of defendant. Terminate civil case. [For further detail see attached order.] Notices mailed by Judicial Staff. (psm, ) (Entered: 08/25/2014)
2014-08-25	76	ENTERED JUDGMENT. (psm, ) (Entered: 08/25/2014)
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