Skip to content

Case Detail

[Subscribe to updates]
Case TitleHUSCH BLACKWELL LLP v. UNITED STATES SMALL BUSINESS ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00663
Date Filed2019-03-08
Date Closed2020-03-04
JudgeJudge Colleen Kollar-Kotelly
PlaintiffHUSCH BLACKWELL LLP
Case DescriptionThe law firm of Husch Blackwell submitted FOIA requests to the U.S. Small Business Administration and the Defense Logistics Agency for records concerning the waiver of the non-manufacturer rule. The agencies acknowledged receipt of the requests. The SBA responded to only two of the law firm's requests, while the DLA responded to none of the requests. After hearing nothing further from the agencies, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES SMALL BUSINESS ADMINISTRATION
DefendantUNITED STATES DEFENSE LOGISTICS AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-081COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5991157) filed by HUSCH BLACKWELL LLP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Civil Cover Sheet, # 16 Summons Office of US Attorney, # 17 Summons General Counsel, DLA, # 18 Summons US Attorney General, DOJ, # 19 Summons Office of US Attorney, # 20 Summons General Counsel, SBA, # 21 Summons US Attorney General, DOJ)(Waagner, Brian) (Attachment 15 replaced on 3/11/2019) (zef, ). (Entered: 03/08/2019)
2019-03-11Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) (Entered: 03/11/2019)
2019-03-112SUMMONS (6) Issued Electronically as to UNITED STATES DEFENSE LOGISTICS AGENCY, UNITED STATES SMALL BUSINESS ADMINISTRATION, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/11/2019)
2019-03-143REQUEST FOR SUMMONS TO ISSUE U.S. Defense Logistics Agency re 1 Complaint,, filed by HUSCH BLACKWELL LLP. Related document: 1 Complaint,, filed by HUSCH BLACKWELL LLP.(Waagner, Brian) (Entered: 03/14/2019)
2019-03-144REQUEST FOR SUMMONS TO ISSUE U. S. Small Business Administration re 1 Complaint,, filed by HUSCH BLACKWELL LLP. Related document: 1 Complaint,, filed by HUSCH BLACKWELL LLP.(Waagner, Brian) (Entered: 03/14/2019)
2019-03-145SUMMONS (2) Re-Issued Electronically as to UNITED STATES DEFENSE LOGISTICS AGENCY, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Attachments: # 1 Summons)(ztd) Modified text on 3/19/2019 (znmw). (Entered: 03/14/2019)
2019-03-206ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/20/2019. (DM) (Entered: 03/20/2019)
2019-03-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/15/2019. Answer due for ALL FEDERAL DEFENDANTS by 4/14/2019. (Waagner, Brian) (Entered: 03/27/2019)
2019-03-278RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/13/2019. (Waagner, Brian) (Entered: 03/27/2019)
2019-03-279RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES SMALL BUSINESS ADMINISTRATION served on 3/13/2019 (Waagner, Brian) (Entered: 03/27/2019)
2019-03-2710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEFENSE LOGISTICS AGENCY served on 3/15/2019 (Waagner, Brian) (Entered: 03/27/2019)
2019-04-1511ANSWER to Complaint by UNITED STATES DEFENSE LOGISTICS AGENCY, UNITED STATES SMALL BUSINESS ADMINISTRATION.(Hair, Christopher) (Entered: 04/15/2019)
2019-04-1512NOTICE of Appearance by Christopher Charles Hair on behalf of UNITED STATES DEFENSE LOGISTICS AGENCY, UNITED STATES SMALL BUSINESS ADMINISTRATION (Hair, Christopher) (Entered: 04/15/2019)
2019-04-1513ORDER. Signed by Judge Colleen Kollar-Kotelly on 4/15/2019. (lcckk3) (Entered: 04/15/2019)
2019-04-15Set/Reset Deadlines: Answer due by 5/10/2019. (dot) (Entered: 04/16/2019)
2019-04-2214MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tierra Jones, :Firm- Husch Blackwell LLP, :Address- 750 17th Street NW, Suite 900, Washington, DC 20006. Phone No. - (202) 378-2392. Fax No. - (202) 378-2319 Filing fee $ 100, receipt number 0090-6074684. Fee Status: Fee Paid. by HUSCH BLACKWELL LLP (Attachments: # 1 Declaration of Tierra Jones in Support of Motion for Admission Pro Hac Vice)(Waagner, Brian) (Entered: 04/22/2019)
2019-04-23MINUTE ORDER granting 14 Motion for Admission of Attorney Pro Hac Vice with respect to Tierra Jones, in order for her to appear as counsel for Plaintiffs, CONTINGENT on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than APRIL 30, 2019. Counsel shall promptly register for this Court's CM/ECF system.Signed by Judge Colleen Kollar-Kotelly on 4/23/2019. (lcckk3) (Entered: 04/23/2019)
2019-04-3015AFFIDAVIT Declaration of Tierra Jones Certifying Familiarity with Local Rules by HUSCH BLACKWELL LLP. (Jones, Tierra) (Entered: 04/30/2019)
2019-05-1016Joint STATUS REPORT Joint Status Report by HUSCH BLACKWELL LLP. (Jones, Tierra) (Entered: 05/10/2019)
2019-05-14MINUTE ORDER. The Court is receipt of the parties' 16 Joint Status Report. Plaintiff seeks copies of individual waivers for the non-manufacturer rule issued in connection with several solicitations by the U.S. Small Business Administration ("SBA"). Plaintiff also seeks background information supporting several requested waivers from the Defense Logistics Agency ("DLA"), in addition to copies of several contracts and all contract modifications from DLA. DLA reports that it is continuing to review and process Plaintiff's request. DLA expects to complete its processing and release any responsive non-exempt information to Plaintiff by June 15, 2019 for most requests and by July 15, 2019 for Plaintiff's January 25, 2019 request. The SBA has provided Plaintiff with one responsive record. The SBA will provide Plaintiff with an affidavit describing the scope of the SBA's search by May 30, 2019. The Court ORDERS the parties to file a Joint Status Report by JUNE 30, 2109, updating the Court on the parties' progress bringing this case towards resolution. Signed by Judge Colleen Kollar-Kotelly on 5/14/2019. (lcckk3) (Entered: 05/14/2019)
2019-05-14Set/Reset Deadlines: Joint Status Report due by 6/30/2019, updating the Court on the parties' progress bringing this case towards resolution. (dot) (Entered: 05/20/2019)
2019-06-2817Joint STATUS REPORT by HUSCH BLACKWELL LLP. (Attachments: # 1 Text of Proposed Order Proposed Order)(Jones, Tierra) (Entered: 06/28/2019)
2019-07-01MINUTE ORDER. The Court is receipt of the parties' 17 Joint Status Report. Plaintiff seeks copies of individual waivers for the non-manufacturer rule issued in connection with several solicitations by the U.S. Small Business Administration ("SBA"). Plaintiff also seeks background information supporting several requested waivers from the Defense Logistics Agency ("DLA"), in addition to copies of several contracts and all contract modifications from DLA. DLA has completed its response to all but one of Plaintiff's FOIA requests. For that FOIA request, DLA is consulting with specific vendors regarding any required withholdings under Exemption 4. DLA will update Plaintiff by July 12, 2019. SBA provided Plaintiff with an affidavit describing the scope of its search. The parties conferred and consider SBA's involvement in the action to be resolved. The Court ORDERS the parties to file another Joint Status Report by JULY 30, 2019, updating the Court on the parties' progress bringing this case towards resolution. Signed by Judge Colleen Kollar-Kotelly on 7/1/2019. (lcckk3) (Entered: 07/01/2019)
2019-07-01Set/Reset Deadlines: Joint Status Report due by 7/30/2019, updating the Court on the parties' progress bringing this case towards resolution. (dot) (Entered: 07/02/2019)
2019-07-3018Joint STATUS REPORT by HUSCH BLACKWELL LLP. (Jones, Tierra) (Entered: 07/30/2019)
2019-07-3019NOTICE of Proposed Order by HUSCH BLACKWELL LLP (Jones, Tierra) Modified event title on 8/1/2019 (znmw). (Entered: 07/30/2019)
2019-07-31MINUTE ORDER. The Court is receipt of the parties' 18 Joint Status Report. Plaintiff seeks copies of individual waivers for the non-manufacturer rule issued in connection with several solicitations by the U.S. Small Business Administration ("SBA"). The parties conferred and consider SBA's involvement in the action to be resolved. Plaintiff also seeks background information supporting several requested waivers from the Defense Logistics Agency ("DLA"), in addition to copies of several contracts and all contract modifications from DLA. DLA has completed its response to all but one of Plaintiff's FOIA requests. For that FOIA request, DLA is consulting with specific vendors regarding any required withholdings under Exemption 4. As indicated would occur in the last status report, DLA has provided Plaintiff with an update on the consultation process. Plaintiff requests that the Court order an August 12, 2019 deadline for DLA to produce the documents responsive to the remaining request and an August 19, 2019 deadline for the production of remaining documents and a detailed Vaughn index. DLA reports that Plaintiff's request is not feasible as the consultation process is not complete. DLA indicates that the Supreme Court's recent decision in Food Marketing Inst. v. Argus Leader Media, 139 S. Ct. 2356 (2019), has required additional consultations. The Court ORDERS DLA to provide Plaintiff with an update regarding the consultation process on AUGUST 12, 2019. The Court further ORDERS that DLA prioritize the production of responsive contracts and contract modifications because DLA has indicated that the Exemption 4 consultation process for those records may be shorter than for the contract proposals. The Court further ORDERS the parties to file another Joint Status Report by AUGUST 30, 2019, updating the Court on the parties' progress bringing this case towards resolution. Signed by Judge Colleen Kollar-Kotelly on 7-31-2019. (lcckk3) (Entered: 07/31/2019)
2019-07-31Set/Reset Deadlines: Joint Status Report due by 8/30/2019, updating the Court on the parties' progress bringing this case towards resolution. (dot) (Entered: 08/02/2019)
2019-08-2920Joint STATUS REPORT by UNITED STATES DEFENSE LOGISTICS AGENCY, UNITED STATES SMALL BUSINESS ADMINISTRATION. (Hair, Christopher) (Entered: 08/29/2019)
2019-08-29MINUTE ORDER. The Court is receipt of the parties' 20 Joint Status Report. Plaintiff seeks copies of individual waivers for the non-manufacturer rule issued in connection with several solicitations by the U.S. Small Business Administration ("SBA"). The parties conferred and consider SBA's involvement in the action to be resolved. Plaintiff also seeks background information supporting several requested waivers from the Defense Logistics Agency ("DLA"), in addition to copies of several contracts and all contract modifications from DLA. DLA has completed its response to all but one of Plaintiffs FOIA requests. For that FOIA request, DLA is consulting with specific vendors regarding any required withholdings under Exemption 4. DLA will provide Plaintiff with an update regarding DLA's Exemption 4 review by September 13, 2019. The Court further ORDERS the parties to file another Joint Status Report by SEPTEMBER 30, 2019, updating the Court on the parties' progress bringing this case towards resolution. Signed by Judge Colleen Kollar-Kotelly on 8-29-2019. (lcckk3) (Entered: 08/29/2019)
2019-08-29Set/Reset Deadlines: Joint Status Report due by 9/30/2019, updating the Court on the parties' progress bringing this case towards resolution. (dot) (Entered: 08/30/2019)
2019-09-3021Joint STATUS REPORT by HUSCH BLACKWELL LLP. (Jones, Tierra) (Entered: 09/30/2019)
2019-09-3022NOTICE of Proposed Order by HUSCH BLACKWELL LLP re 21 Status Report (Jones, Tierra) (Entered: 09/30/2019)
2019-10-01MINUTE ORDER. The Court is receipt of the parties' 21 Joint Status Report. Plaintiff seeks copies of individual waivers for the non-manufacturer rule issued in connection with several solicitations by the U.S. Small Business Administration ("SBA"). The parties conferred and consider SBA's involvement in the action to be resolved. Plaintiff also seeks background information supporting several requested waivers from the Defense Logistics Agency ("DLA"), in addition to copies of several contracts and all contract modifications from DLA. DLA has completed its response to all but one of Plaintiff's FOIA requests. For that FOIA request, DLA consulted with specific vendors regarding any required withholdings under Exemption 4. DLA is currently reviewing the responses from all three vendors to make a final determination of the applicability of Exemption 4. DLA will provide Plaintiff with an update regarding DLA's Exemption 4 review by October 15, 2019. The Court further ORDERS the parties to file another Joint Status Report by OCTOBER 30, 2019, updating the Court on the parties' progress bringing this case towards resolution. Signed by Judge Colleen Kollar-Kotelly on 10-1-2019. (lcckk3) (Entered: 10/01/2019)
2019-10-01Set/Reset Deadlines: Joint Status Report due by 10/30/2019, updating the Court on the parties' progress bringing this case towards resolution. (dot) (Entered: 10/01/2019)
2019-10-3023Joint STATUS REPORT by HUSCH BLACKWELL LLP. (Jones, Tierra) (Entered: 10/30/2019)
2019-10-3024NOTICE of Proposed Order by HUSCH BLACKWELL LLP (Jones, Tierra) (Entered: 10/30/2019)
2019-10-31MINUTE ORDER. The Court is receipt of the parties' 23 Joint Status Report. Plaintiff seeks copies of individual waivers for the non-manufacturer rule issued in connection with several solicitations by the U.S. Small Business Administration ("SBA"). The parties conferred and consider SBA's involvement in the action to be resolved. Plaintiff also seeks background information supporting several requested waivers from the Defense Logistics Agency ("DLA"), in addition to copies of several contracts and all contract modifications from DLA. DLA has completed its response to all but one of Plaintiff's FOIA requests. For that FOIA request, DLA consulted with specific vendors regarding any required withholdings under Exemption 4. DLA is in the final stages of preparing the remaining responsive records for release and anticipates making its final production on November 8, 2019. The parties intend to confer regarding any issues in Defendants' responses to Plaintiff's FOIA requests. The Court ORDERS the parties to file another Joint Status Report by DECEMBER 30, 2019, updating the Court on the parties' progress bringing this case towards resolution. Signed by Judge Colleen Kollar-Kotelly on 10-31-2019. (lcckk3) (Entered: 10/31/2019)
2019-10-31Set/Reset Deadlines: Joint Status Report due by 12/30/2019, updating the Court on the parties' progress bringing this case towards resolution. (dot) (Entered: 10/31/2019)
2019-12-3025Joint STATUS REPORT by HUSCH BLACKWELL LLP. (Jones, Tierra) (Entered: 12/30/2019)
2020-03-02MINUTE ORDER. On December 30, 2019, the parties indicated that they anticipated filing a stipulation of dismissal. As of this date, no such stipulation has been filed. The Court ORDERS the parties to file such a stipulation or to file a Joint Status Report explaining why such a stipulation has not yet been filed by MARCH 9, 2020. Signed by Judge Colleen Kollar-Kotelly on 3-2-2020. (lcckk3) (Entered: 03/02/2020)
2020-03-02Set/Reset Deadlines: Status Report due by 3/9/2020. (dot) (Entered: 03/02/2020)
2020-03-0426STIPULATION of Dismissal by HUSCH BLACKWELL LLP. (Waagner, Brian) (Entered: 03/04/2020)
2020-03-0427ORDER of dismissal. Signed by Judge Colleen Kollar-Kotelly on 3-4-2020. (lcckk3) (Entered: 03/04/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar