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Case TitleCity of Los Angeles v. Federal Aviation Administration
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2019cv10506
Date Filed2019-12-12
Date Closed2022-07-18
JudgeJudge Ronald S.W. Lew
PlaintiffCity of Los Angeles
Case DescriptionThe City of Los Angeles submitted FOIA requests to the Federal Aviation Administration for records concerning a Draft Environmental Review Proposed Categorical Exclusion report regarding proposed new airport procedures. The agency acknowledged receipt of the requests. The agency located responsive records but disclosed only a single document, withholding 33 records under Exemption 5 (privileges). The City filed an administrative appeal. After hearing nothing further from the agency, the City of Los Angeles filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFederal Aviation Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-121COMPLAINT Receipt No: 0973-24939541 - Fee: $400, filed by Plaintiff CITY OF LOS ANGELES. (Attachments: # 1 Exhibit Exhibits A-L, # 2 Civil Cover Sheet) (Attorney David J Michaelson added to party CITY OF LOS ANGELES(pty:pla))(Michaelson, David) (Entered: 12/12/2019)
2019-12-122Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiff CITY OF LOS ANGELES. (Michaelson, David) (Entered: 12/12/2019)
2019-12-123CERTIFICATE of Interested Parties filed by Plaintiff CITY OF LOS ANGELES, identifying City of Los Angeles. (Michaelson, David) (Entered: 12/12/2019)
2019-12-174NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Maria A. Audero. (et) (Entered: 12/17/2019)
2019-12-175NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 12/17/2019)
2019-12-17660 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Federal Aviation Administration. (et) (Entered: 12/17/2019)
2019-12-177NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) 1 . The following error(s) was found: The Civil Cover Sheet is attached to the Complaint. It should have been filed and entered separately under its proper event. You are not required to take any action to correct this deficiency unless the Court so directs. (et) (Entered: 12/17/2019)
2020-01-168STIPULATION Extending Time to Answer the complaint as to Federal Aviation Administration answer now due 2/20/2020, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant Federal Aviation Administration.(Attorney Jason K Axe added to party Federal Aviation Administration(pty:dft))(Axe, Jason) (Entered: 01/16/2020)
2020-01-179SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff City of Los Angeles, upon Defendant Federal Aviation Administration served on 12/19/2019, answer due 2/20/2020. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Michaelson, David) (Entered: 01/17/2020)
2020-01-1710PROOF OF SERVICE Executed City of Los Angeles, upon Defendant Federal Aviation Administration served on 12/23/2019, answer due 2/20/2020. Service of the Summons and Complaint were 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. (Michaelson, David) (Entered: 01/17/2020)
2020-01-3111APPLICATION of Non-Resident Attorney Nathaniel H. Hunt to Appear Pro Hac Vice on behalf of Plaintiff City of Los Angeles (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25233517) filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order) (Michaelson, David) (Entered: 01/31/2020)
2020-02-0412ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Ronald S.W. Lew: GRANTING 11 Non-Resident Attorney Nathaniel H. Hunt APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs City of Los Angeles, designating David J. Michaelson as local counsel. (lt) (Entered: 02/04/2020)
2020-02-0613APPLICATION of Non-Resident Attorney Peter J. Kirsch to Appear Pro Hac Vice on behalf of Plaintiff City of Los Angeles (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25272798) filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order) (Michaelson, David) (Entered: 02/06/2020)
2020-02-1014ORDER by Judge Ronald S.W. Lew: GRANTING 13 Non-Resident Attorney Peter J. Kirsch APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, City of Los Angeles, designating David J. Michaelson as local counsel. (shb) (Entered: 02/10/2020)
2020-02-2015ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendant Federal Aviation Administration.(Axe, Jason) (Entered: 02/20/2020)
2020-02-2116MINUTE ORDER (IN CHAMBERS) SETTING SCHEDULING CONFERENCE by Judge Ronald S.W. Lew. Scheduling Conference set for 4/21/2020 at 10:00 AM. See order for complete details. (jre) (Entered: 02/21/2020)
2020-04-1417JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendant Federal Aviation Administration.. (Axe, Jason) (Entered: 04/14/2020)
2020-04-1618MINUTE ORDER IN CHAMBERS by Judge Ronald S.W. Lew: The Scheduling Conference, set for April 21, 2020, at 10:00 a.m., is hereby ADVANCED to this date and taken OFF- CALENDAR. No appearance necessary on April 21, 2020. The Court finds the matter suitable for decision without oral argument and sets the following dates: Deadline to Amend Pleadings: 06-15-2020. Discovery Cut-Off: 07-31-2020. Motion Filing Cut-Off: 08-31-2020. Final Pretrial Conference: 12-15-2020 at 10:00 am. ; Jury Trial (1-5 day est) : 01-12-2021 at 9:00 am. All other dates applicable to this action which are not specifically set herein or otherwise ordered by this Court shall be governed by applicable Local Rules of Court for the Central District of California and Federal Rules of Civil Procedure. Any request presented to the Court for ruling should not be embodied in a report or notice and should be separately made and formally filed onto the docket of this action. This includes any request to stay or continue discovery set before the District Judge. All discovery related motions, with exception to any deadlines set forth herein, shall be brought before the assigned Magistrate Judge, and comply with the Magistrate Judges requirements. All hearings before Judge Ronald S.W. Lew shall take place at the U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Courtroom location to be determined and will be noticed to the parties/counsel prior to the hearing date. See order for further details. (shb) (Entered: 04/16/2020)
2020-04-1719ORDER/REFERRAL to ADR Procedure No 2 by Judge Ronald S.W. Lew. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11 days before trial. (shb) (Entered: 04/17/2020)
2020-05-0820REQUEST for ADR Procedure No. 1 filed. Parties request Filed by Plaintiff City of Los Angeles. (Attachments: # 1 Declaration of Nathaniel Hunt, # 2 Proposed Order re: ADR Procedure No. 1)(Hunt, Nathaniel) (Entered: 05/08/2020)
2020-05-1121*THIS SUPERSEDES ANY PRIOR REFERRALS TO ADR. ORDER/REFERRAL to ADR Procedure No 1 by Judge Ronald S.W. Lew. Case ordered to Magistrate Judge Maria A. Audero for Settlement Conference. ADR Proceeding to be held no later than 11 days before trial. (shb) (Entered: 05/11/2020)
2020-06-0322NOTICE OF MOTION AND MOTION to Stay pending HEARING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Defendant Federal Aviation Administration. Motion set for hearing on 7/7/2020 at 10:00 AM before Judge Ronald S.W. Lew. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order) (Axe, Jason) (Entered: 06/03/2020)
2020-06-1623OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay pending HEARING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT 22 filed by Plaintiff City of Los Angeles. (Attachments: # 1 Exhibit Exhibit A to Declaration of Nathaniel H. Hunt)(Kirsch, Peter) (Entered: 06/16/2020)
2020-06-2324REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Stay pending HEARING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT 22 filed by Defendant Federal Aviation Administration. (Axe, Jason) (Entered: 06/23/2020)
2020-07-0225TEXT ONLY ORDER (IN CHAMBERS) by Judge Ronald S.W. Lew: The hearing on the MOTION to Stay pending HEARING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Defendant Federal Aviation Administration 22 is hereby vacated and taken OFF-CALENAR. The motion is suitable for decision without oral argument and stands SUBMITTED. No appearance necessary on 7/7/2020. The Court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 07/02/2020)
2020-08-2126ORDER re: Defendants Motion to Stay Discovery Pending Hearing on Defendants Motion for Summary Judgment 22 , by Judge Ronald S.W. Lew: The Court GRANTSDefendants Motion and STAYS all discovery in this Action pending ruling on Defendants forthcoming summary judgment motion, which may be filed no later than August 31, 2020. See Scheduling Order, ECF No. 8. (shb) (Entered: 08/21/2020)
2020-08-3127STIPULATION for Order CONTINUING DISCOVERY CUT-OFF, MOTION CUT-OFF, PRETRIAL CONFERENCE, AND TRIAL filed by Defendant Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 08/31/2020)
2020-09-0128ORDER CONTINUING DISCOVERY CUT-OFF, MOTION CUT-OFF, PRETRIAL CONFERENCE, AND TRIAL 27 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that all dates in this action shall be continued by eight weeks, and that the following specific dates shall govern in this action, for the reasons set forth in the parties' separately filed stipulation: Pretrial Conference is set for 2/16/21 and the Jury Trial is set for 3/16/21. (See Order for further details) (yl) (Entered: 09/01/2020)
2020-11-0329STIPULATION for Order TO CONTINUE DISCOVERY CUT-OFF, MOTION CUT-OFF, PRETRIAL CONFERENCE, AND TRIAL filed by Defendant Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 11/03/2020)
2020-11-0330ORDER CONTINUING DISCOVERY CUTOFF, MOTION CUT-OFF, PRETRIAL CONFERENCE, AND TRIAL 29 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that all dates in this action shall be continued by four weeks, and that the following specific dates shall govern in this action, for the reasons set forth in the parties' separately filed stipulation: Discovery cut-off - 10/30/20; Motion Filing Cut-Off - 11/30/20; Pretrial Conference - 3/16/21 at 10:00 A.M.; Trial - 4/13/21 at 9:00 A.M. (lom) (Entered: 11/06/2020)
2020-12-0131STIPULATION to Continue Discovery Cut-Off, Motion Cut-Off, Pretrial Conference and Trial filed by Defendant Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 12/01/2020)
2020-12-0832ORDER CONTINUING DISCOVERY CUTOFF, MOTION CUT-OFF, PRETRIAL CONFERENCE, AND TRIAL by Judge Ronald S.W. Lew 31 . The pretrial conference 5/4/21 at 10:00 am; Jury trial is set 6/1/21 at 9:00 a.m. (See document for further details) (yl) (Entered: 12/09/2020)
2021-02-1133Joint NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 2/1/2021 filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Proposed Order Continuing Discovery Cut-Off and Motion Filing Cut-Off) (Hunt, Nathaniel) (Entered: 02/11/2021)
2021-02-1634ORDER CONTINUING DISCOVERY CUT-OFF AND MOTION FILING CUT-OFF, 33 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED that all dates in this action shall be continued by45 days, and that the following dates shall govern in this action, for the reasons set forth in the parties separately filed stipulation: Discovery cut-off continued to February 1, 2021. Motion Filing Cut-Off continued to March 5, 2021. Pretrial Conference continued to June 22, 2021. Trial continued to July 7, 2021. (shb) (Entered: 02/17/2021)
2021-03-0535Joint STIPULATION to Extend Discovery Cut-Off Date to 3/18/2021 filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Proposed Order Continuing Dates)(Hunt, Nathaniel) (Entered: 03/05/2021)
2021-03-0836ORDER CONTINUING DATES 35 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that the following dates shall govern in this action, for the reasons set forth in the parties' separately filed stipulation: Discovery cut-off 3/18/21; Motion Filing Cut-Off 4/19/21; Pretrial Conference (10:00 a.m.) 8/3/21; Trial (9:00 a.m.) 8/24/21. See order for details. (lom) (Entered: 03/09/2021)
2021-04-1937Joint STIPULATION to Stay Case pending Settlement Discussions filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order)(Hunt, Nathaniel) (Entered: 04/19/2021)
2021-04-2138ORDER STAYING LITIGATION, 37 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED that litigation shall be stayed 60 days and all litigation deadlines in this action shall be struck from the Courts calendar for the reasons set forth in the parties separately filed stipulation. (shb) (Entered: 04/22/2021)
2021-06-2139Joint STIPULATION to Stay Case pending Settlement Discussion filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Extending Stay of Litigation)(Hunt, Nathaniel) (Entered: 06/21/2021)
2021-06-2340ORDER EXTENDING STAY OF LITIGATION, 39 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED that the stay of litigation shall be extended 60 days for the reasons set forth in the parties separately filed stipulation. (shb) (Entered: 06/23/2021)
2021-08-2041STIPULATION to Stay Case pending Settlement filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Proposed Order Extending Stay of Litigaton)(Hunt, Nathaniel) (Entered: 08/20/2021)
2021-08-2042ORDER EXTENDING STAY OF LITIGATION, 41 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED that the stay of litigation shall be extended 60 days for the reasons set forth in the parties separately filed stipulation. (shb) (Entered: 08/23/2021)
2021-10-2243STIPULATION to Stay Case pending Settlement filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Proposed Order Extending Stay of Litigaton)(Hunt, Nathaniel) (Entered: 10/22/2021)
2021-10-2244ORDER EXTENDING STAY OF LITIGATION, 43 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED that the stay of litigation shall be extended 60 days for the reasons set forth in the parties separately filed stipulation. (shb) (Entered: 10/25/2021)
2021-12-2145STIPULATION to Stay Case pending Settlement Discussions filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Proposed Order Extending Stay o f Litigation)(Hunt, Nathaniel) (Entered: 12/21/2021)
2021-12-2146ORDER EXTENDING STAY OF LITIGATION 45 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that the stay of litigation shall be extended 60 days for the reasons set forth in the parties' separately filed stipulation. (lom) (Entered: 12/22/2021)
2022-02-2247Joint STIPULATION to Stay Case pending Settlement Discussions filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Extending Stay of Litigation)(Hunt, Nathaniel) (Entered: 02/22/2022)
2022-02-2248ORDER EXTENDING STAY OF LITIGATION 47 by Judge Ronald S.W. Lew. IT IS HEREBY ORDERED that the stay of litigation shall be extended 60 days for the reasons set forth in the parties' separately filed stipulation. (lom) (Entered: 02/23/2022)
2022-03-3049SCHEDULING NOTICE by Magistrate Judge Maria A. Audero. Telephonic Pre-Settlement Conference set for 4/12/2022 at 10:00 AM before Magistrate Judge Maria A. Audero. The Courtroom Deputy will distribute the log-in information.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nne) TEXT ONLY ENTRY (Entered: 03/30/2022)
2022-04-1250MINUTES OF ORGANIZATIONAL CONFERENCE RE SETTLEMENT CONFERENCE held before Magistrate Judge Maria A. Audero: Case called. Counsel make their appearance. The Court confers with the parties regarding various organizational matters related to the Settlement Conference, currently set for May 17, 2022 at 9:00 am. A separate Settlement Conference Order will issue. Court Recorder: CourtSmart 4/12/222 (Crt 580). (es) (Entered: 04/13/2022)
2022-04-1252ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Maria A. Audero. A Settlement Conference will be held before Judge Audero on May 17, 2022 at 9:00 a.m. No later than May 10, 2022 by noon, each party shall submit a Settlement Conference Statement ("Statement") directly to the chambers of Judge Audero via email to MAA_Chambers@cacd.uscourts.gov. [See Order for details (es) (Entered: 04/13/2022)
2022-04-1351STIPULATION to Stay Case pending Mediation filed by Plaintiff City of Los Angeles. (Attachments: # 1 Proposed Order Proposed Order Extending Stay o f Litigation)(Hunt, Nathaniel) (Entered: 04/13/2022)
2022-04-1353ORDER EXTENDING STAY OF LITIGATION, 51 by Judge Ronald S.W. Lew: IT IS HEREBY ORDERED that the stay of litigation shall be extended until June 22, 2022, and the deadline for the parties to complete their ADR proceedings, per the Courts Order/Referral to ADR (Dkt. 21), shall be set for June 15, 2022, for the reasons set forth in the parties separately filed stipulation. (shb) (Entered: 04/13/2022)
2022-05-1054SCHEDULING NOTICE by Magistrate Judge Maria A. Audero. Settlement Conference set for 5/17/2022 at 09:00 AM before Magistrate Judge Maria A. Audero via Zoom video conference. The Courtroom Deputy will distribute the Zoom login information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nne) TEXT ONLY ENTRY (Entered: 05/10/2022)
2022-05-1755MINUTES OF (via Zoom) Settlement Conference held before Magistrate Judge Maria A. Audero: On May 17, 2022, the Court held a settlement conference with the parties via video conference. The parties reached a settlement of the case in its entirety and, at the conclusion, the parties affirmed their acceptance of same, and confirmed their understanding that they are bound by the settlement despite not having a signed agreement at this time. The parties are ORDERED to file a Joint Notice of Settlement with the Court forthwith. See Order for further details. Court Reporter: XtR 5/17/22. (es) (Entered: 05/18/2022)
2022-05-1956NOTICE of Settlement filed by Defendant Federal Aviation Administration. (Axe, Jason) (Entered: 05/19/2022)
2022-07-1857STIPULATION for Settlement and Dismissal filed by Defendant Federal Aviation Administration. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 07/18/2022)
2022-07-1858ORDER DISMISSING ACTION WITH PREJUDICE by Judge Ronald S.W. Lew: IT IS SO ORDERED that pursuant to the parties' Stipulation 57 , this action is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. In consideration of the terms set forth in the Stipulation, each party will bear its own remaining fees, expenses, and costs. ( Case Terminated. Made JS-6. ) (gk) (Entered: 07/20/2022)
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