Case Detail

FOIA Project Annotation: A federal court in Oregon has ruled that the Department of Transportation is not required to honor Mark Mann's choice of format request to convert its records into XML files because it is too burdensome. Mann, who provided engineering services to general contractors on highway and airport projects, requested records pertaining to the Tiller Trail Highway Project. DOT sent him 21 files in the format in which the agency maintained them and told Mann converting the files to XML format was too burdensome. Mann then filed another FOIA request for records in the XML format, which the agency again denied. The agency argued the files were not "readily reproducible" and the court agreed. The court explained that "DOT does not possess or maintain an XML or XSR file for the Tiller Trail Highway Project. DOT designers do not create XML or XSR files with horizontal alignment, vertical alignment, final design surface, and existing ground surface; XML and XSR are not standard files created by DOT designers and are not normally used at any stage of the design process. Further, DOT does not provide data in XML and XSR files to contractors that are constructing highway projects." The agency argued that to convert the files to XML format would be a multi-step process that would require 24-40 hours to ensure that the data was reformatted accurately. The court found it was too burdensome to require the agency to reformat the data. The court noted that "given the time, effort, and resources required to convert the data plaintiff seeks into several XML and/or XSR files, I find that XML and XSR files are not readily reproducible and that their creation would place an undue burden on DOT." The agency indicated it had provided Mann with the underlying data he needed to create his own XML file. The court observed that "under the circumstances, it is not the DOT's duty to shoulder the burden of converting data into specific file formats to further plaintiff's business interests, particularly at the unnecessary expense of government resources." DOT told the court that it could produce the information Mann requested in CVS file format, which is the format in which DOT provides final decision surfaces to its contractors. The court noted that "according to DOT, the CSV file can be read, used, and manipulated by any person and allows others to segregate and/or parse the data for import into other applications. I therefore find that DOT has complied with its duty to maintain information in an accessible and readily reproducible format."
Issues: Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2014-11-07	1	Complaint. Filing fee in the amount of $400 collected. Receipt No. ORX600009350. Jury Trial Requested: No. Filed by Mark A. Mann against The United States of America (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (jk) (Entered: 11/07/2014)
2014-11-07	2	Notice of Case Assignment to Chief 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 3/9/2015. Joint Alternate Dispute Resolution Report is due by 4/6/2015. Pretrial Order is due by 4/6/2015. Ordered by Chief Judge Ann L. Aiken. (jk) (Entered: 11/07/2014)
2014-11-07	3	Clerk's Notice of Mailing to Mann of Discovery Order 2 . (jk) (Entered: 11/07/2014)
2014-11-26	4	Summons Issued Electronically as to The United States of America. 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. Originals mailed to plaintiff in provided envelope. (ljb) (Entered: 11/26/2014)
2014-12-09	5	Proof of Service returned executed via certified mail on 11/28/14 upon Local US Attorney, US Attorney General, Western Federal Highways Division and Federal Highway Administration of complaint, summons and discovery/pretrial scheduling order. Filed by Mark A. Mann. (ljb) (Entered: 12/09/2014)
2014-12-30	6	Motion for Extension of Time to Answer Complaint 1 . Filed by The United States of America. (Danielson, Kevin) (Entered: 12/30/2014)
2015-01-02	7	ORDER: Granting Motion for Extension of Time to Answer 6 . Answer is due by 1/14/2015. Copy of this order sent to Pro Se Plaintiff. Ordered by Chief Judge Ann L. Aiken. (rh) (Entered: 01/02/2015)
2015-01-05	8	Application for CM/ECF Registration and Filing using CM/ECF as a Self-Represented Party. Filed by Mark A. Mann. (Attachments: # 1 Exhibits) (kf) (Entered: 01/05/2015)
2015-01-05	9	Declaration of Mark A. Mann in Support of CM/ECF Registration. Filed by Mark A. Mann. (Related document(s): Application for CM/ECF Registration and Filing as a Self-Represented Party 8 .) (kf) (Entered: 01/05/2015)
2015-01-14	10	Answer to 1 Complaint . Filed by The United States of America. (Danielson, Kevin) (Entered: 01/14/2015)
2015-01-23	11	Joint Motion for Extension of Time Joint Motion to Modify the Scheduling Order . Filed by The United States of America. (Danielson, Kevin) (Entered: 01/23/2015)
2015-01-26	12	ORDER: Granting Motion for Extension of Time 11 . Defendant's summary judgment motion due by 4/30/2015. Plaintiff's response and cross-motion due by 5/21/2015. Defendant's reply to summary judgment motion and response to Plaintiff's cross-motion due by 6/13/2015. Plaintiff's reply to cross-motion due by 6/25/2015. Ordered by Chief Judge Ann L. Aiken. (rh) (Entered: 01/26/2015)
2015-01-26	13	Clerk's Notice of Mailing to Mark A. Mann 1123 NW Canyon Drive Redmond, OR 97756 copy of Order on motion for extension of time 12 . (rh) (Entered: 01/26/2015)
2015-03-02	14	Motion for Protective Order . Filed by The United States of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 03/02/2015)
2015-03-10	15	Response to Defendant's Motion for Protective Order and Cross-Motion to Compel Discovery. Filed by Mark A. Mann. (ljb) (Entered: 03/10/2015)
2015-03-25	16	ORDER: Granting 8 Application for CM/ECF Registration as a Self-Represented Party ( CM/ECF Registered User ). Ordered by Chief Judge Ann L. Aiken. (rh) (Entered: 03/25/2015)
2015-03-25	17	Clerk's Notice of Mailing to Mark A. Mann 1123 NW Canyon Drive Redmond, OR 97756 copy of Order on Application for CMECF Registration as a Self-Represented Party 16 . (rh) (Entered: 03/25/2015)
2015-03-27	18	Brief Defendant's Response to Plaintiff's Cross-Motion to Compel Discovery . Filed by The United States of America. (Danielson, Kevin) (Entered: 03/27/2015)
2015-04-27	19	Unopposed Motion for Extension of Time to File Motion for Summary Judgment . Filed by The United States of America. (Danielson, Kevin) (Entered: 04/27/2015)
2015-04-28	20	ORDER: Granting Motion for Extension of Time 19 . Defendant's summary judgment motion due by 5/4/2015. Ordered by Chief Judge Ann L. Aiken. (rh) (Entered: 04/28/2015)
2015-05-04	21	Motion for Summary Judgment . Filed by The United States of America. (Danielson, Kevin) (Entered: 05/04/2015)
2015-05-04	22	Declaration of Juan P. Aguirre in Support of Motion for Summary Judgment . Filed by The United States of America. (Related document(s): Motion for Summary Judgment 21 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 05/04/2015)
2015-05-04	23	Declaration of Telina Thompson in Support of Motion for Summary Judgment . Filed by The United States of America. (Related document(s): Motion for Summary Judgment 21 .) (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) (Danielson, Kevin) (Entered: 05/04/2015)
2015-05-05	24	OPINION AND ORDER: Defendant's motion for a protective order 14 is GRANTED and plaintiff's motion to compel discovery 15 is DENIED. See formal OPINION AND ORDER. Signed on 5/5/2015 by Chief Judge Ann L. Aiken. (rh) (Entered: 05/06/2015)
2015-05-18	25	Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 21 . Filed by All Plaintiffs. (Mann, Mark) (Entered: 05/18/2015)
2015-05-19	26	ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment 21 filed by The United States of America. Plaintiff's response to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment due by 6/1/2015. Defendant's reply to summary judgment and response to Plaintiff's cross-motion due by 6/22/2015. Plaintiff's reply to cross-motion due by 7/6/2015. Ordered by Chief Judge Ann L. Aiken. (rh) (Entered: 05/19/2015)
2015-06-01	27	Second Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment 21 . Filed by Mark A. Mann. (Mann, Mark) (Entered: 06/01/2015)
2015-06-02	28	ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion for Summary Judgment 21 filed by The United States of America. Plaintiff's response to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment is due by 6/8/2015. Defendant's reply to summary judgment and response to Plaintiff's cross-motion is due by 6/29/2015. Plaintiff's reply to cross-motion is due by 7/13/2015. Ordered by Chief Judge Ann L. Aiken. (rh) Modified to correct typo on 6/2/2015 (ljb). (Entered: 06/02/2015)
2015-06-08	29	First Response in Opposition to Motion for Summary Judgment 21 . Filed by Mark A. Mann. (Mann, Mark) (Entered: 06/08/2015)
2015-06-08	30	First Declaration of Mark A. Mann . Filed by Mark A. Mann. (Related document(s): Response in Opposition to Motion 29 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Mann, Mark) Modified for clarity of the record on 6/9/2015 (ljb). (Entered: 06/08/2015)
2015-06-24	31	Unopposed Motion for Extension of Time to File Reply to Summary Judgment and Response to Plaintiff's Cross Motion for Summary Judgment . Filed by The United States of America. (Danielson, Kevin) (Entered: 06/24/2015)
2015-06-25	32	ORDER: Granting Motion for Extension of Time 31 . Defendant's Reply Brief in support of Summary Judgment and Response Brief to Plaintiff's cross-motion for Summary Judgment are due by 7/9/2015. Plaintiff's Reply to Defendant's cross-motion for Summary Judgment is due by 7/23/2015. Ordered by Chief Judge Ann L. Aiken. (rh) (Entered: 06/25/2015)
2015-07-09	33	Reply in Support to Motion for Summary Judgment 21 . Filed by The United States of America. (Danielson, Kevin) (Entered: 07/09/2015)
2015-07-09	34	Supplemental Declaration of Juan P. Aguirre in Support of Motion for Summary Judgment . Filed by The United States of America. (Related document(s): Reply to Motion 33 .) (Danielson, Kevin) (Entered: 07/09/2015)
2015-07-09	35	Declaration of Stephen Chapman in Support of Motion for Summary Judgment . Filed by The United States of America. (Related document(s): Reply to Motion 33 .) (Danielson, Kevin) (Entered: 07/09/2015)
2015-10-14	36	OPINION AND ORDER: Defendant's motion for summary judgment 21 is GRANTED. This case is DISMISSED. See formal OPINION AND ORDER. Signed on 10/14/2015 by Chief Judge Ann L. Aiken. (rh) (Entered: 10/16/2015)
2015-10-14	37	Judgment. This case is dismissed. See formal Judgment. Signed on by Clerk of Court. (rh) (Entered: 10/16/2015)
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