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Case TitleAmerican Small Business League v. Small Business Administration
DistrictNorthern District of California
CitySan Francisco
Case Number3:2020cv04619
Date Filed2020-07-10
Date ClosedOpen
JudgeJudge Maxine M. Chesney
PlaintiffAmerican Small Business League American Small Business League
Case DescriptionThe American Small Business League submitted a FOIA request to U.S. Small Business Administration for records concerning the establishment of advisory committees to oversee the Payroll Protection program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the American Small Business League filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantSmall Business Administration U.S. Small Business Administration
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-101COMPLAINT against Small Business Administration ( Filing fee $ 400, receipt number 0971-14680125.). Filed byAmerican Small Business League. (Attachments: # 1 Civil Cover Sheet)(Olson, Karl) (Filed on 7/10/2020) (Entered: 07/10/2020)
2020-07-102Proposed Summons. (Olson, Karl) (Filed on 7/10/2020) (Entered: 07/10/2020)
2020-07-103Proposed Summons. (Attachments: # 1 Summons)(Olson, Karl) (Filed on 7/10/2020) (Entered: 07/10/2020)
2020-07-134Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/27/2020. (mbcS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-135Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/8/2020. Initial Case Management Conference set for 10/15/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (Attachments: # 1 Standing Order, # 2 Standing Order)(msrS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-136Summons Issued as to Small Business Administration. (Attachments: # 1 Supplement Summons USDOJ, Summons USAG Barr)(msrS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-147CERTIFICATE OF SERVICE by American Small Business League re 6 Summons Issued, 1 Complaint, 5 Initial Case Management Scheduling Order with ADR Deadlines, (Olson, Karl) (Filed on 7/14/2020) (Entered: 07/14/2020)
2020-07-168AFFIDAVIT of Service for Summons in a Civil Action; Complaint; Civil Cover Sheet; Order Setting Initial Case Management Conference and ADR Deadlines ; Civil Standing Order for Magistrate Judge Jacqueline Scott Corley; ECF Registration Information; and Notice of Assignment of Case and Consent/Decline to a United States Magistrate Judge for Trial served on U.S. Small Business Administration on 7/15/2020, filed by American Small Business League. (Olson, Karl) (Filed on 7/16/2020) (Entered: 07/16/2020)
2020-07-169AFFIDAVIT of Service for Summons in a Civil Action; Complaint; Civil Cover Sheet; Order Setting Initial Case Management Conference and ADR Deadlines ; Civil Standing Order for Magistrate Judge Jacqueline Scott Corley; ECF Registration Information; and Notice of Assignment of Case and Consent/Decline to a United States Magistrate Judge for Trial served on William P. Barr, U.S. Department of Justice on 7/15/2020, filed by American Small Business League. (Olson, Karl) (Filed on 7/16/2020) (Entered: 07/16/2020)
2020-07-1710NOTICE of Appearance by Irene Lee (Olson, Karl) (Filed on 7/17/2020) Modified on 7/20/2020 (msrS, COURT STAFF). (Entered: 07/17/2020)
2020-07-1711NOTICE of Appearance by Aaron Field (Olson, Karl) (Filed on 7/17/2020) Modified on 7/20/2020 (msrS, COURT STAFF). (Entered: 07/17/2020)
2020-07-20Electronic filing error . Document not properly linked. [err102]Incorrect PDF attached. [err201]Corrected by Clerk's Office. No further action is necessary. Re: 11 Notice of Appearance filed by American Small Business League, 10 Notice of Appearance filed by American Small Business League (msrS, COURT STAFF) (Filed on 7/20/2020) (Entered: 07/20/2020)
2020-07-2412CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Small Business League.. (Olson, Karl) (Filed on 7/24/2020) (Entered: 07/24/2020)
2020-08-1413NOTICE of Appearance by James Bickford (Bickford, James) (Filed on 8/14/2020) (Entered: 08/14/2020)
2020-08-1414ANSWER to Complaint bySmall Business Administration. (Bickford, James) (Filed on 8/14/2020) (Entered: 08/14/2020)
2020-08-1415CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Small Business Administration.. (Bickford, James) (Filed on 8/14/2020) (Entered: 08/14/2020)
2020-08-1416CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 8/14/2020) (Entered: 08/15/2020)
2020-08-1717ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 8/17/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 8/17/2020) (Entered: 08/17/2020)
2020-08-1718CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 10/16/2020 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 10/9/2020.. Signed by Judge Maxine M. Chesney on 8/17/2020. (tlS, COURT STAFF) (Filed on 8/17/2020) (Entered: 08/17/2020)
2020-08-1819CERTIFICATE OF SERVICE by American Small Business League re 18 Case Management Scheduling Order, (Olson, Karl) (Filed on 8/18/2020) (Entered: 08/18/2020)
2020-09-0420First MOTION for Summary Judgment filed by American Small Business League. Motion Hearing set for 10/9/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 9/18/2020. Replies due by 9/25/2020. (Attachments: # 1 Declaration, # 2 Exhibit A - AA to Karl Olson Declaration, # 3 Declaration of Lloyd Champan, # 4 Declaration of Mark Olson, # 5 Proposed Order)(Olson, Karl) (Filed on 9/4/2020) Modified on 9/10/2020 (tlS, COURT STAFF). (Entered: 09/04/2020)
2020-09-0421Request for Judicial Notice filed byAmerican Small Business League. (Olson, Karl) (Filed on 9/4/2020) (Entered: 09/04/2020)
2020-09-10Set/Reset Deadlines as to 20 First MOTION for Summary Judgment . Motion Hearing set for 10/9/2020 at 09:00 AM before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 9/10/2020) (Entered: 09/10/2020)
2020-09-1122CLERK'S NOTICE - OCTOBER 16, 2020 INITIAL CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are advised to be on telephone stand-by from 10:30 AM until called by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 9/11/2020) (Entered: 09/11/2020)
2020-09-1823OPPOSITION/RESPONSE (re 20 First MOTION for Summary Judgment ) filed bySmall Business Administration. (Bickford, James) (Filed on 9/18/2020) (Entered: 09/18/2020)
2020-09-1824MOTION to Stay filed by Small Business Administration. Motion Hearing set for 10/23/2020 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 10/2/2020. Replies due by 10/9/2020. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(Bickford, James) (Filed on 9/18/2020) (Entered: 09/18/2020)
2020-09-2525REPLY (re 20 First MOTION for Summary Judgment ) filed byAmerican Small Business League. (Attachments: # 1 Declaration, # 2 Declaration)(Olson, Karl) (Filed on 9/25/2020) (Entered: 09/25/2020)
2020-09-2926ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. The hearing on plaintiff's Motion for Summary Judgment is continued to October 23, 2020. Signed by Judge Maxine M. Chesney on September 29, 2020. (mmclc2, COURT STAFF) (Filed on 9/29/2020) (Entered: 09/29/2020)
2020-09-30Set/Reset Deadlines as to 20 First MOTION for Summary Judgment . Motion Hearing reset to 10/23/2020 at 09:00 AM before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 9/30/2020) (Entered: 09/30/2020)
2020-09-3027ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Olson, Karl) (Filed on 9/30/2020) (Entered: 09/30/2020)
2020-10-0228OPPOSITION/RESPONSE (re 24 MOTION to Stay ) filed byAmerican Small Business League. (Olson, Karl) (Filed on 10/2/2020) (Entered: 10/02/2020)
2020-10-0229Proposed Order re 28 Opposition/Response to Motion by American Small Business League. (Olson, Karl) (Filed on 10/2/2020) (Entered: 10/02/2020)
2020-10-0730CLERK'S NOTICE RE: OCTOBER 23, 2020 MOTION(S) HEARING - As to 24 MOTION to Stay , 20 First MOTION for Summary Judgment .,. Motion Hearing set for 10/23/2020 09:00 AM before Judge Maxine M. Chesney. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Motion Hearing set for 10/23/2020 09:00 AM before Judge Maxine M. Chesney. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,(tlS, COURT STAFF) (Filed on 10/7/2020) (Entered: 10/07/2020)
2020-10-0931JOINT CASE MANAGEMENT STATEMENT filed by American Small Business League. (Olson, Karl) (Filed on 10/9/2020) (Entered: 10/09/2020)
2020-10-0932REPLY (re 24 MOTION to Stay ) filed bySmall Business Administration. (Bickford, James) (Filed on 10/9/2020) (Entered: 10/09/2020)
2020-10-1633Minute Entry for proceedings held before Judge Maxine M. Chesney: Initial Case Management Conference held on 10/16/2020.Total Time in Court: 51 minutes. Court Reporter: Not Reported. (lrcS, COURT STAFF) (Date Filed: 10/16/2020) (Additional attachment(s) added on 10/19/2020: # 1 Minute) (lrcS, COURT STAFF). (Additional attachment(s) added on 10/19/2020: # 2 Amended Minute) (lrcS, COURT STAFF). (Entered: 10/16/2020)
2020-10-1934ORDER VACATING HEARING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; VACATING HEARING ON DEFENDANT'S MOTION TO STAY. Signed by Judge Maxine M. Chesney on October 19, 2020. (mmclc2, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/20/2020)
2020-10-2635ORDER GRANTING DEFENDANT'S MOTION TO STAY; DEFERRING RULING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. The SBA's Motion to Stay is granted, and, to the extent ASBL's FOIA request seeks PPP loan information, the above-titled action is stayed pending a decision in Washington Post and Center for Public Integrity . The parties are directed to submit, no later than 14 days after such decision, a Joint Status Report apprising the Court of the effect thereof on the instant action and proposing a schedule for proceeding in the instant action. The SBA is directed to provide, by November 20, 2020, a response to the remainder of ASBL's FOIA request. Signed by Judge Maxine M. Chesney on October 26, 2020. (mmclc2, COURT STAFF) (Filed on 10/26/2020) (Entered: 10/26/2020)
2020-11-0536NOTICE by Small Business Administration of Related Decision in Washington Post v. SBA (Attachments: # 1 Exhibit - Opinion in Washington Post v. SBA)(Bickford, James) (Filed on 11/5/2020) (Entered: 11/05/2020)
2020-11-1937STATUS REPORT by American Small Business League. (Field, Aaron) (Filed on 11/19/2020) (Entered: 11/19/2020)
2020-11-2038ORDER LIFTING STAY; DIRECTING PARTIES TO FILE JOINT STATUS REPORT; SETTING CASE MANAGEMENT CONFERENCE. The stay of the instant action is lifted. The parties are directed to file, no later than December 14, 2020, a Joint Status Report proposing a schedule for further proceedings in the instant action. A telephonic Case Management Conference is set for February 5, 2021, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than January 29, 2021. Signed by Judge Maxine M. Chesney on November 20, 2020. (mmclc2, COURT STAFF) (Filed on 11/20/2020) (Entered: 11/20/2020)
2020-11-23***Set/Clear Flags, Set/Reset Deadlines:, Set/Reset Hearing re 38 Order,, Joint Case Management Statement due by 1/29/2021. Joint Status Report due by 12/14/2020. Case Management Conference set for 2/5/2021 at 10:30 AM in San Francisco, - Telephonic Only. (tlS, COURT STAFF) (Filed on 11/23/2020) (Entered: 11/23/2020)
2020-12-1439STATUS REPORT PURSUANT TO ECF NO. 38 by American Small Business League. (Attachments: # 1 Declaration)(Olson, Karl) (Filed on 12/14/2020) (Entered: 12/14/2020)
2020-12-2840ORDER RE: JOINT STATUS REPORT. Signed by Judge Maxine M. Chesney on December 28, 2020. (mmclc2, COURT STAFF) (Filed on 12/28/2020) (Entered: 12/28/2020)
2021-01-1541CLERK'S NOTICE - FEBRUARY 5, 2021 FURTHER CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are directed to be on telephone stand-by from 10:30 AM until called by the Court.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 1/15/2021) (Entered: 01/15/2021)
2021-01-2942JOINT CASE MANAGEMENT STATEMENT filed by American Small Business League. (Attachments: # 1 Declaration of Karl Olson in Support of Joint CMC Statement)(Field, Aaron) (Filed on 1/29/2021) (Entered: 01/29/2021)
2021-02-0543Minute Entry for proceedings held before Judge Maxine M. Chesney: Further Case Management Conference held on 2/5/2021. Joint Case Management Statement due by 3/19/2021. Further Case Management Conference set for 3/26/2021 at 10:30 AM in San Francisco, - Telephonic Only.Total Time in Court: 37 minutes. Not Reported or Recorded. Plaintiff Attorney: Aaron Field and Karl Olson. Defendant Attorney: James Bickford. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 2/5/2021) (Entered: 02/05/2021)
2021-02-1644CLERK'S NOTICE - MARCH 26, 2021 FURTHER CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are directed to be on telephone stand-by from 10:30 AM until called by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 2/16/2021) (Entered: 02/16/2021)
2021-03-1945JOINT CASE MANAGEMENT STATEMENT filed by American Small Business League. (Attachments: # 1 Declaration of Aaron R. Field re: Joint Case Management Statement)(Field, Aaron) (Filed on 3/19/2021) (Entered: 03/19/2021)
2021-03-2646Minute Entry for proceedings held before Judge Maxine M. Chesney: Further Case Management Conference held on 3/26/2021.; 20 Motion for Summary Judgment deemed withdrawn without prejudice to Plaintiff raising any issues therein as part of Plaintiff's cross-motion for summary judgment. Joint Case Management Statement due by 8/13/2021. Further Case Management Conference set for 8/20/2021 at 10:30 AM in San Francisco, - Telephonic Only.Total Time in Court: 1:03. Not Reported or Recorded. Plaintiff Attorney: Aaron Field and Karl Olson. Defendant Attorney: James Bickford. Attachment: Civil Minutes. (tlS, COURT STAFF) (Date Filed: 3/26/2021) (Entered: 03/26/2021)
2021-07-1647CLERK'S NOTICE - AUGUST 20, 2021 FURTHER CASE MANAGEMENT CONFERENCE WILL BE HELD TELEPHONICALLY. The Court will initiate the call. Counsel participating in the conference call are directed to email their name and direct phone number to: mmccrd@cand.uscourts.gov. Due to multiple hearings, counsel are directed to be on telephone stand-by from 10:30 AM until called by the Court.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 7/16/2021) (Entered: 07/16/2021)
2021-08-1248Consent MOTION for Extension of Time to File Motion for Partial Summary Judgment filed by Small Business Administration. (Attachments: # 1 Proposed Order)(Bickford, James) (Filed on 8/12/2021) (Entered: 08/12/2021)
2021-08-1349JOINT CASE MANAGEMENT STATEMENT filed by American Small Business League. (Attachments: # 1 Declaration of Aaron Field in support of Joint Case Management Statement)(Olson, Karl) (Filed on 8/13/2021) (Entered: 08/13/2021)
2021-08-1850ORDER GRANTING CONSENT MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR PARTIAL SUMMARY JUDGMENT. Summary judgment briefing shall proceed on the following schedule: August 30, 2021 - Defendant's motion for partial summary judgment; September 20, 2021 - Plaintiff's cross-motion for summary judgment and opposition; October 11, 2021 - Defendant's opposition and reply; October 25, 2021 - Plaintiff's reply. Signed by Judge Maxine M. Chesney on August 18, 2021. (mmclc2S, COURT STAFF) (Filed on 8/18/2021) (Entered: 08/18/2021)
2021-08-2051Minute Entry for proceedings held before Judge Maxine M. Chesney: Deadline for defendant to produce non-Regulatory Fairness Board records responsive to April 9, 2020 requests: December 17, 2021.Briefing re: defendants Motion for Summary Judgment as to Paycheck Protection Program Issue:Defendants deadline to file motion: 30 days after D.C. Court decision in Washington Post.Plaintiffs Opposition/Cross-Motion for Summary Judgment: Three (3) weeks thereafter.Defendants Reply/Opposition to plaintiffs Cross-Motion for Summary Judgment: Three (3) weeks thereafter.Plaintiffs Reply to defendants Opposition: Two (2) weeks thereafter.Hearing on Motions for Summary Judgment: Three (3) weeks after plaintiffs Reply.Further Telephonic Case Management Conference held on 8/20/2021. A Joint Case Management Statement due by 1/14/2022. Further Case Management Conference set for 1/21/2022 10:30 AM in San Francisco - To be determined. (Total Time in Court: 40 Minutes) Court Reporter: Not Reported. (lsS, COURT STAFF) (Date Filed: 8/20/2021) (Entered: 08/23/2021)
2021-12-1352NOTICE of Appearance by Indraneel Sur on behalf of U.S. Small Business Administration (Sur, Indraneel) (Filed on 12/13/2021) (Entered: 12/13/2021)
2021-12-1753CLERK'S NOTICE CONVERTING JANUARY 21, 2022 AT 10:30 AM - FURTHER CASE MANAGEMENT CONFERENCE - TO A ZOOM WEBINAR. Further Case Management Conference set for 1/21/2022 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Further Case Management Conference set for 1/21/2022 at 10:30 AM in San Francis co, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,.(tl, COURT STAFF) (Filed on 12/17/2021) (Entered: 12/17/2021)
2021-12-2154STIPULATION WITH PROPOSED ORDER re schedule for summary judgment filed by Small Business Administration. (Attachments: # 1 Declaration, # 2 Proposed Order)(Sur, Indraneel) (Filed on 12/21/2021) (Entered: 12/21/2021)
2021-12-2255ORDER GRANTING, AS MODIFIED, STIPULATED REQUEST FOR AN ORDER SETTING BRIEFING SCHEDULE FOR MOTIONS FOR SUMMARY JUDGMENT; CONTINUING CASE MANAGEMENT CONFERENCE. Defendant's motion for summary judgment shall be filed no later than February 17, 2022. Plaintiff's cross-motion for summary judgment and opposition shall be filed no later than March 17, 2022. Defendant's opposition and reply shall be filed no later than April 7, 2022. Plaintiff's reply shall be filed no later than April 28, 2022. Hearing on motions for summary judgment shall be held on May 27, 2022, at 9:00 a.m. The Case Management Conference currently scheduled for January 21, 2022, is continued to July 1, 2022, at 10:30 a.m. Signed by Judge Maxine M. Chesney on December 22, 2021. (mmclc2, COURT STAFF) (Filed on 12/22/2021) (Entered: 12/22/2021)
2022-02-0156STIPULATION WITH PROPOSED ORDER re 55 Order,,,, Terminate Motions,,, filed by Small Business Administration. (Attachments: # 1 Declaration, # 2 Proposed Order)(Sur, Indraneel) (Filed on 2/1/2022) (Entered: 02/01/2022)
2022-02-0257ORDER APPROVING, AS MODIFIED, STIPULATED REQUEST FOR AN ORDER MODIFYING BRIEFING SCHEDULE FOR MOTIONS FOR SUMMARY JUDGMENT. Defendant's motion for summary judgment shall be filed no later than March 28, 2022. Plaintiff's cross-motion for summary judgment and opposition shall be filed no later than April 25, 2022. Defendant's opposition and reply shall be filed no later than May 17, 2022. Plaintiff's reply shall be filed no later than June 7, 2022. Hearing on motions for summary judgment is continued to July 8, 2022, at 9:00 a.m. The Case Management Conference currently scheduled for July 1, 2022 is continued to July 29, 2022, at 10:30 a.m. Signed by Judge Maxine M. Chesney on February 2, 2022. (mmclc2, COURT STAFF) (Filed on 2/2/2022) (Entered: 02/02/2022)
2022-02-02Set/Reset Deadlines as to 57 Order,,,, Terminate Motions,,,., Set/Reset Deadlines:, Set/Reset Hearing re 57 Order,,,, Terminate Motions,,, Defendant's Motion for Summary Judgment due by 3/28/2022. Plaintiff's cross motion and opposition due by 4/25/2022. Defendant's Opposition/Reply due by 5/17/2022. Plaintiff's reply due by 6/7/2022. Cross Motion(s) for Summary Judgment Hearing set for 7/8/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 7/22/2022. Further Case Management Conference reset to 7/29/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 2/2/2022) (Entered: 02/02/2022)
2022-03-1058STIPULATION WITH PROPOSED ORDER re 57 Order,,,, Terminate Motions,,, filed by Small Business Administration. (Attachments: # 1 Declaration, # 2 Proposed Order)(Sur, Indraneel) (Filed on 3/10/2022) (Entered: 03/10/2022)
2022-03-1059ORDER APPROVING SECOND STIPULATED REQUEST FOR AN ORDER MODIFYING BRIEFING SCHEDULE FOR MOTIONS FOR SUMMARY JUDGMENT. Defendant's motion for summary judgment shall be filed no later than April 25, 2022. Plaintiff's cross-motion for summary judgment and opposition shall be filed no later than May 23, 2022. Defendant's opposition and reply shall be filed no later than June 16, 2022. Plaintiff's reply shall be filed no later than July 7, 2022. Hearing on motions for summary judgment is continued to August 5, 2022, at 9:00 a.m. The Case Management Conference currently scheduled for July 29, 2022 is continued to August 26, 2022, at 10:30 a.m. Signed by Judge Maxine M. Chesney on March 10, 2022. (mmclc2, COURT STAFF) (Filed on 3/10/2022) (Entered: 03/10/2022)
2022-03-11Reset Deadlines/Hearings re 59 : Defendant's Motion for Summary Judgment due by 4/25/2022. Plaintiff's cross-motion for summary judgment and opposition due by 5/23/2022. Defendant's opposition and reply due by 6/16/2022. Plaintiff's reply due by 7/7/2022. Motion Hearing reset to 8/5/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 8/19/2022. Further Case Management Conference reset to 8/26/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (bxs, COURT STAFF) (Filed on 3/11/2022) (Entered: 03/11/2022)
2022-04-1860STIPULATION WITH PROPOSED ORDER re 59 Order,,,, Terminate Motions,,, filed by Small Business Administration. (Attachments: # 1 Declaration, # 2 Proposed Order)(Sur, Indraneel) (Filed on 4/18/2022) (Entered: 04/18/2022)
2022-04-1861ORDER APPROVING, WITH REVISION, THIRD STIPULATED REQUEST FOR AN ORDER MODIFYING BRIEFING SCHEDULE FOR MOTIONS FOR SUMMARY JUDGMENT. Defendant's motion for summary judgment shall be filed no later than May 31, 2022. Plaintiff's cross-motion for summary judgment and opposition shall be filed no later than July 14, 2022. Defendant's opposition and reply shall be filed no later than August 4, 2022. Plaintiff's reply shall be filed no later than August 25, 2022. Hearing on motions for summary judgment is continued to September 30, 2022, at 9:00 a.m. The Case Management Conference currently scheduled for August 26, 2022 is continued to October 28, 2022, at 10:30 a.m. Signed by Judge Maxine M. Chesney on April 18, 2022. (mmclc2, COURT STAFF) (Filed on 4/18/2022) (Entered: 04/18/2022)
2022-04-19Set/Reset Deadlines as to 61 Order,Defendant's Motion for Summary Judgment due by 5/31/2022. Plaintiff's Cross Motion/Opposition due by 7/14/2022. Defendant's opposition/reply due by 8/4/2022. Plaintiff's Reply due by 8/25/2022. Cross-Motion(s) for Summary Judgment Hearing set for 9/30/2022 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Joint Case Management Statement due by 10/21/2022. Further Case Management Conference set for 10/28/2022 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. (tl, COURT STAFF) (Filed on 4/19/2022) (Entered: 04/19/2022)
2022-05-2662ADMINISTRATIVE MOTION to vacate briefing schedule & set processing rate re 61 Order consented to in part and opposed in part filed by Small Business Administration. Responses due by 5/31/2022. (Attachments: # 1 Declaration SBA Declaration, # 2 Proposed Order)(Sur, Indraneel) (Filed on 5/26/2022) Modified on 5/26/2022 (mcl, COURT STAFF). (Entered: 05/26/2022)
2022-05-2763ORDER RE: DEFENDANT'S "CONSENT MOTION TO VACATE SUMMARY JUDGMENT BRIEFING SCHEDULE AND OPPOSED MOTION REGARDING THE PROCESSING RATE FOR NEW SEARCHES." Signed by Judge Maxine M. Chesney on May 27, 2022. (mmclc2, COURT STAFF) (Filed on 5/27/2022) (Entered: 05/27/2022)
2022-05-3164OPPOSITION/RESPONSE (re 62 ADMINISTRATIVE MOTION to vacate briefing schedule & set processing rate re 61 Order,,,, Terminate Motions,,, consented to in part and opposed in part ) filed byAmerican Small Business League. (Attachments: # 1 Declaration of Karl Olson, # 2 Proposed Order)(Olson, Karl) (Filed on 5/31/2022) (Entered: 05/31/2022)
2022-06-0865ORDER RE: PROCESSING RATE. Deadline for defendant to process documents responsive to the two new searches is December 1, 2022. The first monthly production shall occur no later than June 30, 2022. The parties shall file a status report 60 days after the first production and every 60 days thereafter, until production is complete. The parties shall file, no later than December 15, 2022, a joint status report regarding further proceedings. Signed by Judge Maxine M. Chesney on June 8, 2022. (mmclc2, COURT STAFF) (Filed on 6/8/2022) (Entered: 06/08/2022)
2022-06-0966ORDER VACATING CASE MANAGEMENT CONFERENCE. Signed by Judge Maxine M. Chesney on June 9, 2022. (mmclc2, COURT STAFF) (Filed on 6/9/2022) (Entered: 06/09/2022)
2022-08-3067STATUS REPORT by the parties under June 8 Order by Small Business Administration. (Sur, Indraneel) (Filed on 8/30/2022) (Entered: 08/30/2022)
2022-10-3168STATUS REPORT SECOND JOINT STATUS REPORT UNDER ORDER OF JUNE 8, 2022 (ECF NO. 65) by American Small Business League. (Olson, Karl) (Filed on 10/31/2022) (Entered: 10/31/2022)
2022-12-1469Third Joint Status Report UNDER ORDER OF JUNE 8, 2022 (ECF NO. 65) by American Small Business League. (Olson, Karl) (Filed on 12/14/2022) Modified on 12/15/2022 (kmg, COURT STAFF). (Entered: 12/14/2022)
2023-01-1870FOURTH JOINT STATUS REPORT by American Small Business League. (Olson, Karl) (Filed on 1/18/2023) Modified on 1/18/2023 (mcl, COURT STAFF). (Entered: 01/18/2023)
2023-02-1771FIFTH JOINT STATUS REPORT by Small Business Administration. (Bickford, James) (Filed on 2/17/2023) Modified on 2/17/2023 (mcl, COURT STAFF). (Entered: 02/17/2023)
2023-02-2472SIX JOINT STATUS REPORT by Small Business Administration. (Bickford, James) (Filed on 2/24/2023) Modified on 2/24/2023 (mcl, COURT STAFF). (Entered: 02/24/2023)
2023-03-0773ORDER RE: SIXTH JOINT STATUS REPORT UNDER ORDER OF JUNE 8, 2022 (ECF NO. 65). Signed by Judge Maxine M. Chesney on 3/7/2023. (mmclc2, COURT STAFF) (Filed on 3/7/2023) (Entered: 03/07/2023)
2023-03-2774MOTION for Attorney Fees AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by American Small Business League. Motion Hearing set for 5/26/2023 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 4/10/2023. Replies due by 4/17/2023. (Attachments: # 1 Declaration OF KARL OLSON IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES NOTICE OF MOTION AND MOTION FOR ATTORNEYS FEES AND COSTS, # 2 Declaration OF AARON R. FIELD IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES MOTION FOR ATTORNEYS FEES AND COSTS, # 3 Declaration OF IRENE LEE IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES NOTICE OF MOTION AND MOTION FOR ATTORNEYS FEES AND COSTS, # 4 Declaration OF LLOYD CHAPMAN IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES NOTICE OF MOTION AND MOTION FOR ATTORNEYS FEES AND COSTS, # 5 Declaration OF MICHAEL F. RAM IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES NOTICE OF MOTION AND MOTION FOR ATTORNEYS FEES AND COSTS, # 6 Declaration OF THOMAS R. BURKE IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES NOTICE OF MOTION AND MOTION FOR ATTORNEYS FEES AND COSTS, # 7 Proposed Order GRANTING PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES MOTION FOR ATTORNEYS FEES AND COSTS)(Olson, Karl) (Filed on 3/27/2023) (Entered: 03/27/2023)
2023-04-20Set/Reset Deadlines as to 74 MOTION for Attorney Fees AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT . Opposition due by 4/24/2023. Reply due by 5/8/2023. Motion Hearing set for 5/26/2023 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 4/20/2023) (Entered: 04/20/2023)
2023-04-2475OPPOSITION/RESPONSE (re 74 MOTION for Attorney Fees AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT ) filed bySmall Business Administration. (Bickford, James) (Filed on 4/24/2023) (Entered: 04/24/2023)
2023-04-2476DECLARATION of Eric S. Benderson filed bySmall Business Administration. (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)(Bickford, James) (Filed on 4/24/2023) (Entered: 04/24/2023)
2023-04-2577ERRATA re 76 Declaration in Opposition, by Small Business Administration. (Attachments: # 1 Declaration of Eric S. Benderson)(Bickford, James) (Filed on 4/25/2023) (Entered: 04/25/2023)
2023-05-0878REPLY (re 74 MOTION for Attorney Fees AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT ) filed byAmerican Small Business League. (Attachments: # 1 SUPPLEMENTAL DECLARATION OF IRENE LEE IN SUPPORT OF PLAINTIFF AMERICAN SMALL BUSINESS LEAGUES NOTICE OF MOTION AND MOTION FOR ATTORNEYS FEES AND COSTS)(Olson, Karl) (Filed on 5/8/2023) Modified on 5/9/2023 (mcl, COURT STAFF). (Entered: 05/08/2023)
2023-05-1279ORDER DIRECTING DEFENDANT TO SUBMIT COURTESY COPIES IN COMPLIANCE WITH COURT'S STANDING ORDERS. Signed by Judge Maxine M. Chesney on May 12, 2023. (mmclc2, COURT STAFF) (Filed on 5/12/2023) (Entered: 05/12/2023)
2023-05-1780ORDER VACATING HEARING ON MOTION FOR ATTORNEYS FEES; REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. The hearing set for May 26, 2023, is hereby vacated, and the matter is hereby referred to Magistrate Judge Peter H. Kang for the purpose of conducting a settlement conference on the earliest date on which the parties are prepared to proceed and that said Magistrate Judge's calendar will permit. Signed by Judge Maxine M. Chesney on 5/17/2023. (mmclc2, COURT STAFF) (Filed on 5/17/2023) (Entered: 05/17/2023)
2023-05-2581CLERK'S NOTICE SETTING PRE-SETTLEMENT PLANNING CONFERENCE: This case has been referred to Magistrate Judge Peter H. Kang for settlement. Per Judge Kang's Standing Order for Settlement Conferences, the parties are hereby notified that a pre-settlement Planning Conference is set for 6/8/2023 at 11:00 AM before Magistrate Judge Peter H. Kang. The Planning Conference will be held via a non-public Zoom meeting. Counsel for all parties are directed to review this Court's Standing Order for Settlement Conferences prior to the Planning Conference, particularly the meet and confer requirements therein. See https://cand.uscourts.gov/judges/peter-h-kang-phk/ . Zoom Meeting Access: Information on how to join the Planning Conference can be found on the Court's website under the subheading Non-Public Hearings [Settlement Conferences] at https://www.cand.uscourts.gov/judges/peter-h-kang-phk Appearances by Counsel: Advanced notice is required of all counsel who will be participating in the Planning Conference in order for counsel to participate in the Zoom meeting. A list of names, email addresses, and Party they are representing of those counsel for each Party participating in the Planning Conference must be sent to Judge Kang's Courtroom Deputy via email at PHKcrd@cand.uscourts.gov no later than noon on 06/01/2023. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (tmi, COURT STAFF) (Filed on 5/25/2023) Modified on 6/1/2023 (tmi, COURT STAFF). (Entered: 05/25/2023)
2023-06-0582STIPULATION to Request a Continuance of the Planning Conference filed by Small Business Administration. (Attachments: # 1 Declaration)(Bickford, James) (Filed on 6/5/2023) (Entered: 06/05/2023)
2023-06-0583ORDER GRANTING re 82 Stipulation to Continue Planning Conference filed by Small Business Administration. Pre-Settlement Planning Conference set for 6/9/2023 02:00 PM in San Francisco, - Videoconference Only before Magistrate Judge Peter H Kang. This proceeding will be held via a Zoom Meeting. Meeting Access: All counsel, may access the Meeting information at https://www.cand.uscourts.gov/judges/peter-h-kang-phk/ General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klh, COURT STAFF) (Filed on 6/5/2023) (Entered: 06/05/2023)
2023-06-0984Minute Entry for proceedings held before Magistrate Judge Peter H Kang: Pre-Settlement Conference held on 6/9/2023 via Zoom.Total Time in Court: 30 minutes. Not Reported. Plaintiff Attorney: Aaron Robert Field and Irene Lee. Defendant Attorney: James Bickford and Indraneel Sur. Results: The settlement conference has been set for Monday, July 17,2023 at 1:00 p.m., in person, in San Francisco, Courtroom F, 15th Floor. Counsel for all parties are directed to review Judge Kang's Standing Order for Settlement Conferences. The last day for settlement conference statements (as well as confidential statements) is July 6, 2023 and should emailed to PHKSettlement@cand.uscourts.gov.(bns, COURT STAFF) (Date Filed: 6/9/2023) (Entered: 06/12/2023)
2023-06-1585CLERK'S NOTICE CONTINUING SETTLEMENT CONFERENCE. Notice is hereby given that the settlement conference previously scheduled for July 17, 2023 has been CONTINUED to July 26, 2023 at 1:00 PM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Peter H. Kang. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bns, COURT STAFF) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-07-2786Minute Entry for proceedings held before Magistrate Judge Peter H Kang: Settlement Conference held on 7/26/2023. A settlement conference was held on 7/26/2023. The parties did not settle. Digital Recording Time: Not Reported. Time in Court: 1:00-4:15. Plaintiff Attorney: Karl Olsen, Irene Lee. Plaintiff: Lloyd Chapman Defendant Attorney: James Bickford, David A. Fishmen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Date Filed: 7/27/2023) (Entered: 07/27/2023)
2023-10-1987CLERK'S NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE FOR FRIDAY, DECEMBER 1, 2023 AT 10:30 AM - TO BE HELD VIA ZOOM. Joint Case Management Statement due by 11/22/2023. Further Case Management Conference set for 12/1/2023 at 10:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/mmc General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Joint Case Management Statement due by 11/22/2023. Further Case Management Conference set for 12/1/2023 at 10:30 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) ,.(tl, COURT STAFF) (Filed on 10/19/2023) (Entered: 10/19/2023)
2023-11-2188NOTICE of Appearance by Christian Daniel (Daniel, Christian) (Filed on 11/21/2023) (Entered: 11/21/2023)
2023-11-2189JOINT CASE MANAGEMENT STATEMENT filed by Small Business Administration. (Daniel, Christian) (Filed on 11/21/2023) (Entered: 11/21/2023)
2023-12-0190Minute Entry for proceedings held before Judge Maxine M. Chesney: Further Case Management Conference held via Zoom on 12/1/2023. Digital Recording Time: 10:43 - 10:52 - Zoom Recording. Plaintiff Attorney: Karl Olson. Defendant Attorney: Christian Daniel. Attachment: Civil Minutes. (tl, COURT STAFF) (Date Filed: 12/1/2023) (Entered: 12/04/2023)
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