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Case TitleSmith v. US Federal Aviation Administration
DistrictDistrict of Oregon
CityEugene
Case Number6:2014cv00149
Date Filed2014-01-28
Date Closed2015-04-09
JudgeMagistrate Judge Thomas M. Coffin
PlaintiffSteven Smith
Case DescriptionSteven Smith believed that overflights at the airport near his home were improper. He made a request to the FAA for records concerning the agency's conclusion that such overflights were permitted. The agency acknowledged Smith's request, but apparently indicated that it was unaware of the files Smith was requesting. Smith subsequently filed suit.
Complaint issues: adequacy of search, disclosure of non-exempt records, attorney's fees

DefendantUS Federal Aviation Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [55]
FOIA Project Annotation: A federal court in Oregon has ruled that the FAA conducted an adequate search for records pertaining to Steven Smith's allegations that overflights of aircraft using the Roseburg airport were closer than the permitted 500 feet from his home. Smith submitted multiple FOIA requests and the agency provided information for some. Smith filed suit, arguing the agency was withholding information under what he called a "super-exemption." The agency had withheld several draft memos under Exemption 5 (privileges). The court found that the records were protected under Exemption and, further, that the agency's searches had been adequate.
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative
Opinion/Order [60]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-281Complaint. Filing fee in the amount of $400 collected. Receipt No. 8809. Summons issued as to US Federal Aviation Administration. Jury Trial Requested: No. Filed by Steven Smith against US Federal Aviation Administration (Attachments: # 1 Civil Cover Sheet). (kf) (Entered: 01/30/2014)
2014-01-302Notice 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 5/30/2014. Joint Alternate Dispute Resolution Report is due by 6/30/2014. Pretrial Order is due by 6/30/2014. Ordered by Magistrate Judge Thomas M. Coffin. (Attachments: # 1 Summons Issued) (kf) (Entered: 01/30/2014)
2014-04-043Answer to 1 Complaint, . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 04/04/2014)
2014-04-144First Amended Complaint. Filed by Steven Smith against US Federal Aviation Administration. (cw) (Entered: 04/14/2014)
2014-04-305Answer to 4 Amended Complaint . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 04/30/2014)
2014-05-196Motion for Leave to File Amended Complaint. Filed by Steven Smith. (Attachments: # 1 Proposed Second Amended Complaint) (kf) (Entered: 05/19/2014)
2014-05-197Motion to Compel Discovery. Filed by Steven Smith. (kf) (Entered: 05/19/2014)
2014-05-198Declaration of Steven Smith in Support of Motion to compel 7 . Filed by Steven Smith. (kf) (Entered: 05/19/2014)
2014-06-029Motion for Protective Order Against Discovery . Filed by US Federal Aviation Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Attachment Declaration of Annjanette Cummins, # 4 Attachment Declaration of Margit Skidmore) (Simmons, Timothy) (Entered: 06/02/2014)
2014-06-0210Response of United States of America to Motion to Compel 7 . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 06/02/2014)
2014-06-0511Response to Motion for Leave to File Amended Complaint/Petition 6 . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 06/05/2014)
2014-06-1012Objection to Motion for Protective Order 9 and Response to Motion to Compel 7 and Memorandum. Filed by Steven Smith. (kf) (Entered: 06/11/2014)
2014-06-1013Declaration of Steven Smith in Support of Objection and Response to Motions 12 . Filed by Steven Smith. (kf) (Entered: 06/11/2014)
2014-06-1614Motion to Strike Defendant's Motion for Protective Order Against Discovery 9 and Defendant's Response to Motion to Compel 10 and Memorandum. Filed by Steven Smith. (kf) (Entered: 06/16/2014)
2014-06-1615Objection to Declaration of Annjanette Cummins in Support of Defendant's Motion for Protective Order 9 . Filed by Steven Smith. (kf) (Entered: 06/16/2014)
2014-06-1616Objection to Declaration of Margit Skidmore in Support of Defendant's Motion for Protective Order 9 . Filed by Steven Smith. (kf) (Entered: 06/16/2014)
2014-06-1817Reply to Defendant's Response 11 to Motion for Leave to File Amended Complaint 6 and Memorandum. Filed by Steven Smith. (kf) (Entered: 06/18/2014)
2014-06-1818Declaration of Steven Smith in support of Reply to Defendant's Response 11 to Motion for Leave to File Amended Complaint 6 and Memorandum 17 . Filed by Steven Smith. (kf) (Entered: 06/18/2014)
2014-06-2619Response of USA to Motion to Strike Motion for Protective Order Against Discovery 9 , Response to Motion 10 14 . Filed by US Federal Aviation Administration. (Attachments: # 1 Attachment Declaration of Tim Simmons) (Simmons, Timothy) (Entered: 06/26/2014)
2014-06-3020Revised Exhibit 1 to Motion for Leave to File Amended Complaint 6 regarding Proposed Second Amended Complaint. Filed by Steven Smith. (kf) (Entered: 06/30/2014)
2014-07-0821Reply in objection to defendant's response to plaintiff's motion to strike and alternative motion pursuant to LR 26-3(c). Filed by Steven Smith. (Related document(s): Response to Motion, 19 .) (ljb) (Entered: 07/08/2014)
2014-07-1722ORDER: Granting Motion for Leave to File Amended Complaint 6 only to the extent he may file the proposed second amended complaint submitted on 5/19/2014 and not the revised proposed second amended complaint; Denying Motion to Compel 7 ; Granting Motion for a Protective Order 9 ; Denying Motion to Strike 14 . Signed on 7/17/2014 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 07/18/2014)
2014-07-1823Clerk's Notice of Mailing to Steven Smith regarding Order on motion For Leave to File Amended Complaint, Order on Motion to Compel, Order on motion for protective order, Order on motion to strike 22 . (plb) (Entered: 07/18/2014)
2014-08-0624Scheduling Order by Magistrate Judge Thomas M. Coffin. Pursuant to this court's order 22 on 7/17/2014, the operative complaint in this matter is the "Proposed Second Amended Complaint" attached to the Motion for Leave to File Amended Complaint 6 filed on 5/19/2014. Joint Alternate Dispute Resolution Report is due by 9/5/2014. Dispositive Motions are due by 10/6/2014. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 08/06/2014)
2014-08-0625Clerk's Notice of Mailing to Steven Smith regarding Scheduling 24 . (plb) (Entered: 08/06/2014)
2014-08-2026Declaration of Steven Smith. Filed by Steven Smith. (Related document(s): Amended Complaint 4 .) (ljb) (Entered: 08/21/2014)
2014-08-2027Exhibits to Amended Complaint. Filed by Steven Smith. (Related document(s): Amended Complaint 4 .) (ljb) (Entered: 08/21/2014)
2014-09-0528Joint ADR Report . Filed by US Federal Aviation Administration.(Simmons, Timothy) (Entered: 09/05/2014)
2014-09-2629Motion for Supplemental Disclosure, to Limit Service, for Judicial Notice, and Declaration. Oral Argument, afternoon setting requested. Filed by Steven Smith. (Attachments: # 1 Exhibit pgs. 1-34, # 2 Exhibit pgs. 35-65, # 3 Exhibit pgs. 66-93, # 4 Exhibit pgs. 94-113) (kf) (Entered: 09/29/2014)
2014-10-0330Motion for Extension of Time of the Dispositive Motion Deadline . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 10/03/2014)
2014-10-0331Answer to Second Amended Complaint . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 10/03/2014)
2014-10-0632ORDER: Granting Motion for Extension of Time 30 . Dispositive Motions are due by 10/10/2014. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 10/06/2014)
2014-10-0633Clerk's Notice of Mailing to Steven Smith regarding Order on motion for extension of time 32 . (plb) (Entered: 10/06/2014)
2014-10-1034Motion for Summary Judgment and Memorandum in Support . Oral Argument requested. Filed by US Federal Aviation Administration. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30) (Simmons, Timothy) (Entered: 10/10/2014)
2014-10-1035Declaration of Michael Harris . Filed by US Federal Aviation Administration. (Related document(s): Motion for Summary Judgment,, 34 .) (Simmons, Timothy) (Entered: 10/10/2014)
2014-10-1036Second Declaration of Margit Skidmore . Filed by US Federal Aviation Administration. (Related document(s): Motion for Summary Judgment,, 34 .) (Attachments: # 1 Attachment A) (Simmons, Timothy) (Entered: 10/10/2014)
2014-10-1437Response to Motion for Disclosure 29 . Filed by US Federal Aviation Administration. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32) (Simmons, Timothy) (Entered: 10/14/2014)
2014-10-2038Cross Motion for Partial Summary Judgment re subject matter jurisdiction and for stay. Filed by Steven Smith. (kf) (Entered: 10/20/2014)
2014-10-2439Reply to Defendant's Response to Motion for Supplemental Disclosure, to Limit Service, for Judicial Notice, and Declaration 29 . Oral Argument, afternoon setting requested. Filed by Steven Smith. (kf) (Entered: 10/24/2014)
2014-10-2740Objection to Declaration 36 , Vaughn Index, regarding Motion for Summary Judgment 34 . Filed by Steven Smith. (kf) (Entered: 10/27/2014)
2014-10-2841Objection to Declaration 36 of Margit Skidmore in Support of Defendant's Motion for Summary Judgment 34 . Filed by Steven Smith. (kf) (Entered: 10/28/2014)
2014-10-2942Objection to Declaration 35 of Michael Harris in Support of Motion for Summary Judgment 34 . Filed by Steven Smith. (kf) (Entered: 10/29/2014)
2014-11-0343Response to Motion for Partial Summary Judgment 38 . Filed by US Federal Aviation Administration. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (Simmons, Timothy) (Entered: 11/03/2014)
2014-11-0344Response to Motion for Summary Judgment and Memorandum in Support 34 Oral Argument, afternoon setting requested. Filed by Steven Smith. (kf) (Entered: 11/03/2014)
2014-11-1245Reply to Defendant's Response to Cross Motion for Partial Summary Judgment re subject matter jurisdiction and for stay 38 . Filed by Steven Smith. (kf) (Entered: 11/12/2014)
2014-11-1446Reply to Plaintiff's Response to Motion for Summary Judgment and Memorandum in Support 34 . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 11/14/2014)
2014-11-1447Declaration of Jennifer Audette . Filed by US Federal Aviation Administration. (Related document(s): Reply to Motion 46 .) (Simmons, Timothy) (Entered: 11/14/2014)
2014-11-1448Declaration of Annjanette Cummins . Filed by US Federal Aviation Administration. (Related document(s): Reply to Motion 46 .) (Simmons, Timothy) (Entered: 11/14/2014)
2014-11-1449Declaration of Margit Skidmore . Filed by US Federal Aviation Administration. (Related document(s): Reply to Motion 46 .) (Simmons, Timothy) (Entered: 11/14/2014)
2014-11-1450Declaration of Dwight Williams . Filed by US Federal Aviation Administration. (Related document(s): Reply to Motion 46 .) (Simmons, Timothy) (Entered: 11/14/2014)
2014-11-2451Objection to Declaration of Jennifer Audette 47 in Support of Defendant's Reply 46 to Plaintiff's Response to Motion for Summary Judgment. Filed by Steven Smith. (kf) (Entered: 11/24/2014)
2014-11-2452Motion for Leave to Respond and (Proposed) Surreply to Defendant's Reply to Response to Motion for Summary Judgment. Filed by Steven Smith. (kf) (Entered: 11/24/2014)
2014-12-0453Response in Opposition to Motion for Leave 52 . Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 12/04/2014)
2014-12-1554Additional Points and Authorities re Plaintiff's Surreply re Motion for Summary Judgment. Filed by Steven Smith. (Related document(s): Motion for Leave 52 .) (ljb) (Entered: 12/16/2014)
2015-02-0255ORDER and FINDINGS & RECOMMENDATION: Order denying Motion for Disclosure 29 and granting Motion for Leave to Respond 52 . Findings & Recommendation: Motion for Summary Judgment 34 should be granted and Motion for Partial Summary Judgment 38 should be denied. Objections to the Findings and Recommendation are due by 2/20/2015. Signed on 2/2/2015 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 02/03/2015)
2015-02-0256Order referring Motion for Summary Judgment 34 , Motion for Partial Summary Judgment 38 , Findings & Recommendation 55 , to Judge Michael J. McShane. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 02/03/2015)
2015-02-0357Clerk's Notice of Mailing to Steven Smith regarding Findings & Recommendation 55 , Findings & Recommendation Referred 56 . (plb) (Entered: 02/03/2015)
2015-02-1858Objection to Magistrate Judge's Order and Findings & Recommendation 55 . Filed by Steven Smith. (Attachments: # 1 Exhibits) (kf) (Entered: 02/18/2015)
2015-03-0459Response to Objections to Findings & Recommendation. Related document(s): 58 Objections to Findings & Recommendation. Filed by US Federal Aviation Administration. (Simmons, Timothy) (Entered: 03/04/2015)
2015-04-0960ORDER: Magistrate Judge Coffins Findings and Recommendation 55 ) is adopted in full. Defendants motion for summary judgment 34 is GRANTED. Plaintiffs motion for summary judgment 38 and motion for supplemental disclosure 29 are DENIED. Plaintiffs motion for leave to respond 52 is GRANTED. This action is dismissed. Signed on 4/9/2015 by Judge Michael J. McShane. (cp) (Entered: 04/09/2015)
2015-04-0961Judgment: Based on the record, judgment for Defendant. Signed on 4/9/2015 by Judge Michael J. McShane. (cp) (Entered: 04/09/2015)
2015-04-0962Clerk's Notice of Mailing to Steven Smith regarding Order 60 and Judgment 61 . (cp) (Entered: 04/09/2015)
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by FOIA Project Staff
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