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Case TitleBerlant v. US Election Assistance Commission
DistrictDistrict of Oregon
CityPortland
Case Number3:2023cv00257
Date Filed2023-02-21
Date ClosedOpen
JudgeJudge Adrienne Nelson
PlaintiffShannon Berlant
Case DescriptionShannon Berlant submitted four FOIA requests to U.S. Election Assistance Commission for records concerning the most recent accreditation for the VSTL SLLC Compliance Division of Gaming Laboratories International. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Berlant filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Election Assistance Commission
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-211Complaint. Filing fee in the amount of $402 collected. Receipt No. 101573. Summons issued as to US Election Assistance Commission. Jury Trial Requested: No. Filed by Shannon Berlant against US Election Assistance Commission (Attachments: # 1 Civil Cover Sheet). (kgc) (Entered: 02/22/2023)
2023-02-212Notice of Case Assignment to Judge Michael H. Simon 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 6/21/2023. Joint Alternate Dispute Resolution Report is due by 7/21/2023. Pretrial Order is due by 7/21/2023. Ordered by Judge Michael H. Simon. (Deposited in outgoing mail to pro se party on 2/22/2023.) (kgc) (Entered: 02/22/2023)
2023-02-213Summons Issued at Intake at the time of filing as to US Election Assistance Commission. (kgc) (Entered: 02/22/2023)
2023-02-214Application for CM/ECF Registration as a Self-Represented Party. Filed by Shannon Berlant. (kgc) (Entered: 02/22/2023)
2023-02-275Return of Service Executed as to US Election Assistance Commission served on 2/21/2023, answer due on 3/23/2023. Service specifically made upon Attorney General Merrick Garland, U.S. Election Assitance Commission, U.S. Attorney for the District of Columbia. (kgc) (Entered: 02/28/2023)
2023-02-286ORDER - The Court GRANTS Plaintiff's Application for CM/ECF Registration as a Self-Represented Party, ECF 4 . Ordered by Judge Michael H. Simon. (mja) (Entered: 02/28/2023)
2023-03-227Notice of Case Reassignment: This case has been reassigned from Judge Michael H. Simon to Judge Adrienne Nelson. (eo) (Entered: 03/22/2023)
2023-03-258Affidavit of Shannon Berlant . Filed by Shannon Berlant. (Related document(s): Complaint, 1 .) (Attachments: # 1 Exhibit) (Berlant, Shannon) (Entered: 03/25/2023)
2023-03-259Stricken per Order 14 . Motion for Summary Judgment . Filed by Shannon Berlant. (Berlant, Shannon) Modified to Strike on 5/26/2023 (joha). (Entered: 03/25/2023)
2023-03-2910Certificate of Service by Shannon Berlant of Motion for Summary Judgment 9 Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 03/29/2023)
2023-04-1711Supplemental Return of Service (Berlant, Shannon) (Entered: 04/17/2023)
2023-05-1812Amended Motion for Summary Judgment . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 05/18/2023)
2023-05-1913Answer to 1 Complaint, . Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 05/19/2023)
2023-05-2514OPINION AND ORDER: Plaintiff's Motion for Summary Judgment, ECF 9 , is STRUCK from the record. Plaintiff is permitted to refile that motion after properly complying with Local Rule 7-1(a). Further, the Court construes plaintiff's Amended Motion for Summary Judgment, ECF 12 , as a Motion for Leave to File an Amended Motion for Summary Judgment and that motion is DENIED. Signed on 5/25/2023 by Judge Adrienne Nelson. (joha) Modified Docket text to remove notice of mailing on 5/25/2023 (joha). (Entered: 05/25/2023)
2023-06-0215STRICKEN per Order 16. Response to Defendant's Answer .(Related document(s): Answer to Complaint 13 .) Filed by Shannon Berlant. (Attachments: # 1 Exhibit Response Exhibits 1-13) (Berlant, Shannon) Modified tp Strike on 6/7/2023 (joha). (Entered: 06/02/2023)
2023-06-0716ORDER: Plaintiff recently filed a Response to Defendant's Answer, ECF 15 . For the foregoing reasons, that response is STRUCK from the record. Pursuant to Federal Rule of Civil Procedure 12(a)(1)(C), a reply to an answer is mandated only if this Court issues an order directing that one be filed. This Court has neither issued such an order, nor has plaintiff requested leave to file a reply to defendant's answer. Although plaintiff is proceeding pro se, she is still required to comply with this Court's procedural rules. See Carter v. Commissioner of Internal Revenue, 784 F.2d 1006, 1008 (9th Cir. 1986). Ordered by Judge Adrienne Nelson. (joha) (Entered: 06/07/2023)
2023-06-2017Joint Status Report by US Election Assistance Commission. Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 06/20/2023)
2023-06-2118ORDER: The Court is in receipt of the parties' Joint Status Report, ECF 17 . The parties are ordered to submit a second joint status report by August 18, 2023. Ordered by Judge Adrienne Nelson. (joha) (Entered: 06/21/2023)
2023-08-1819Joint Status Report by US Election Assistance Commission. Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 08/18/2023)
2023-08-2120ORDER: The Court is in receipt of the parties' Joint Status Report, ECF 17 . The parties are ordered to submit a final joint status report by October 30, 2023. Ordered by Judge Adrienne Nelson. (joha) (Entered: 08/21/2023)
2023-10-3021Joint Status Report by US Election Assistance Commission. Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 10/30/2023)
2023-11-0122ORDER: The Court is in receipt of the parties' Joint Status report, ECF 21 . The parties are ordered to submit an additional joint status report by December 15, 2023. Ordered by Judge Adrienne Nelson. (joha) (Entered: 11/01/2023)
2023-12-1523Joint Status Report . Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 12/15/2023)
2023-12-2824ORDER: The Court is in receipt of the parties' Joint Status Report, ECF 23 . The parties are ordered to submit an additional joint status report by February 2, 2024. Ordered by Judge Adrienne Nelson. (Deposited in outgoing mail to pro se party on 12/28/2023.) (mja) (Entered: 12/28/2023)
2024-01-0825Mail Returned - Undeliverable: Scheduling Order (ECF No. 24 ) sent to pro se party returned as undeliverable. (dino) (Entered: 01/08/2024)
2024-02-0226Joint Status Report by US Election Assistance Commission. Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 02/02/2024)
2024-02-0627ORDER: The Court is in receipt of the parties' Joint Status Report, ECF 26 . The parties are ordered to submit an additional joint status report by April 2, 2024. If unresolved issues remain at that time, the Court will set a schedule for summary judgment briefing. Ordered by Judge Adrienne Nelson. (joha) (Entered: 02/06/2024)
2024-04-0228Joint Status Report by US Election Assistance Commission. Filed by US Election Assistance Commission. (Rice-Stitt, Austin) (Entered: 04/02/2024)
2024-04-0329ORDER: The Court is in receipt of the parties' Joint Status Report, ECF 28 . Plaintiff is ordered to file her Motion to Compel by May 3, 2024. Defendant is ordered to respond to the motion by June 3, 2024. Plaintiff may file a reply by June 17, 2024. Ordered by Judge Adrienne Nelson. (dsg) (Entered: 04/03/2024)
2024-05-0230Notice of Attorney Substitution: Michael James Jeter is substituted as counsel of record in place of Attorney Austin Rice-Stitt . Filed by on behalf of US Election Assistance Commission. (Jeter, Michael) (Entered: 05/02/2024)
2024-05-0331Motion to Compel Document Production and for Limited Discovery . Oral Argument requested. Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 05/03/2024)
2024-05-1732Motion for Extension of Time to File a Response/Reply to Motion to Compel Document Production and for Limited Discovery 31 . Filed by US Election Assistance Commission. (Jeter, Michael) (Entered: 05/17/2024)
2024-05-2033ORDER: Defendant's Unopposed Motion for Extension of Time, ECF 32 , is GRANTED. Defendant's deadline to respond to the motion to compel is now June 17, 2024. Plaintiff's deadline to file a reply is July 1, 2024, or fourteen (14) days after defendant files its response, whichever is earlier. Ordered by Judge Adrienne Nelson. (dsg) (Entered: 05/20/2024)
2024-06-1734Response in Opposition to Motion to Compel Document Production and for Limited Discovery 31 . Filed by US Election Assistance Commission. (Jeter, Michael) (Entered: 06/17/2024)
2024-06-1735Declaration of Camden Kelliher . Filed by US Election Assistance Commission. (Related document(s): Response to Motion 34 .) (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) (Jeter, Michael) (Entered: 06/17/2024)
2024-06-2836Motion for Summary Judgment . Filed by US Election Assistance Commission. (Jeter, Michael) (Entered: 06/28/2024)
2024-07-0137Reply in Support of Plaintiff's Motion [ECF31] to Motion to Compel Document Production and for Limited Discovery 31 . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 07/01/2024)
2024-07-1938Motion to Allow Limited Discovery Pursuant to Rule 56 . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 07/19/2024)
2024-07-1939Response in Opposition to Defendant's ECF 36 to Motion for Summary Judgment 36 . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 07/19/2024)
2024-08-0240Reply in Support to Motion for Summary Judgment 36 . Filed by US Election Assistance Commission. (Jeter, Michael) (Entered: 08/02/2024)
2024-08-0241Response to Motion to Allow Limited Discovery Pursuant to Rule 56 38 . Filed by US Election Assistance Commission. (Jeter, Michael) (Entered: 08/02/2024)
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