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Case TitleAmerican Small Business League v. United States Office of Management and Budget et al
DistrictNorthern District of California
CityOakland
Case Number4:2020cv07126
Date Filed2020-10-13
Date Closed2022-09-28
JudgeMagistrate Judge Donna M. Ryu
PlaintiffAmerican Small Business League
Case DescriptionThe American Small Business League submitted FOIA requests to the Office of Management and Budget and the U.S. Small Business Administration. The ASBL's request to OMB asked for records concerning the federal acquisition budget for FY 2017 through FY 2019. The agency acknowledged receipt of the request but subsequently told ASBL that it had no records responsive to the request. ASBL filed an administrative appeal. ASBL's request to SBA asked for records concerning the identifies of various staff members and communications pertaining to calls to or from Press Office Director Terry Sutherland. ASBL also requested a fee waiver. The agency acknowledged receipt of the request. The agency rejected ASBL's request for a fee waiver and told it instead that processing the request would cost $12,584. The ASBL filed an administrative appeal of the fee waiver denial. After hearing nothing further from either agency, ASBL filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Fee Category - Media or Educational, Public Interest Fee Waiver

DefendantUnited States Office of Management and Budget
DefendantUnited States Small Business Administration
DefendantUnited States Small Business Administration
TERMINATED: 04/21/2021
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [30]
FOIA Project Annotation: A federal court in California has ruled that the government may sever a FOIA suit brought by the American Small Business League against OMB and the Small Business Administration because the claims against each agency are sufficiently different to merit separating them. ASBL submitted a single request to OMB for records reflecting the federal acquisition budget for each year. OMB responded that there was no specific federal acquisition budget for each year and that it did not have any responsive records. ASBL submitted three separate FOIA requests to SBA for a variety of records, focusing on communications from Terry Sutherland, who directed the SBA press office. The other request asked for records pertaining to various members of the National Small Business Development Center Advisory Board. SBA denied ASBL's requests for a fee waiver for all three requests. ASBL filed suit against both agencies, alleging that OMB violated FOIA by not disclosing responsive records, while SBA violated FOIA by not granting ASBL fee waivers. The government asked the district court to sever the cases. Magistrate Judge Donna Ryu agreed. She noted that "here, ASBL does not allege the same or similar 'underlying course of conduct' with respect to its FOIA requests. Instead, it submitted different FOIA requests to different agencies, received different responses from each agency, and pursues different claims and remedies against each." She pointed out that "given that ASBL is suing two agencies for different types of claims regarding unrelated FOIA requests, there is no case management efficiency or other benefit to be gained from allowing the case to proceed under one caption. In fact, permitting joinder under such circumstances may result in overall delays." She indicated that "ASBL's claims against SBA are severed and shall proceed under a separate case with SBA as the sole defendant."
Issues: Litigation - Jurisdiction
Opinion/Order [60]
FOIA Project Annotation: A federal court in California has ruled that OMB properly responded to a FOIA request from the American Small Business League for records containing the total federal acquisition budget for FY 2017, FY 2018, and FY 2019 by telling ASBL that "no specific total Federal acquisition budget each year." OMB sent ASBL a copy of the President's Budget, but ASBL rejected that as non-responsive. ASBL then filed suit, challenging the adequacy of the agency's search. Magistrate Judge Donna Ryu explained that "ASBL's argument essentially rests on its contentions about how OMB should have interpreted its FOIA request. However, the record demonstrates that ASBL took and continues to take shifting positions about the scope of its original request." She pointed out that "in short, ASBL's interpretation of its FOIA request has been a moving target. Its counsel's communications to OMB about the request have been internally inconsistent and/or confusing. ASBL does not address, explain, or otherwise attempt to harmonize the various positions it has taken on the request. As its arguments about the adequacy of OMB's search rest on the interpretation set forth in motions, i.e., that the request sought 'information on spending good and services for the federal government,' the question is whether this is a permissible interpretation of ASBL's original request." Ryu noted that "the plain language of the request (and its subsequent clarification) unambiguously seeks only budget-related information, not spending information. It also seeks 'the total' budget for acquisitions, not records 'indicating or containing information about the budget." Finding that OMB's searches were adequate, she observed that "ASBL now suggests that OMB should have searched for the individual words 'total,' 'federal,' 'acquisition,' and 'budget,' but it does not explain how searches for such broad, general terms would reasonably yield responsive records."
Issues: Request - Perfected request
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-131COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-15058286.). Filed byAmerican Small Business League. (Attachments: # 1 Civil Cover Sheet)(Olson, Karl) (Filed on 10/13/2020) (Entered: 10/13/2020)
2020-10-132Proposed Summons. (Olson, Karl) (Filed on 10/13/2020) (Entered: 10/13/2020)
2020-10-143Case assigned to Magistrate Judge Donna M. Ryu. 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 10/28/2020. (mbcS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)
2020-10-144Summons Issued as to United States Office of Management and Budget, United States Small Business Administration. (cjlS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)
2020-10-145Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/13/2021. Initial Case Management Conference set for 1/20/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)
2020-10-206AFFIDAVIT of Service for Summons in a Civil Action; Complaint for Declaratory and Injunctive Relief Under the Freedom of Information Act (5 U.S.C. §) Civil Cover Sheet, Standing Order for Magistrate Judge Donna M. Ryu; Order Setting Initial Case Management Conference and ADR Deadlines; USDC ECF Registration Information; and Notice of Assignment of Case to a United States Magistrate Judge for Trial served on The United States Small Business Administration on 10/15/2020, filed by American Small Business League. (Olson, Karl) (Filed on 10/20/2020) (Entered: 10/20/2020)
2020-10-277CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Small Business League.. (Olson, Karl) (Filed on 10/27/2020) (Entered: 10/27/2020)
2020-11-098AFFIDAVIT of Service for Complaint for Declaratory and Injunctive Relief Under the Freedom of Information Act (5 U.S.C. §); Civil Cover Sheet, Standing Order for Magistrate Judge Donna M. Ryu; Order Setting Initial Case Management Conference and ADR Deadlines; USDC ECF Registration Information; and Notice of Assignment of Case to a United States Magistrate Judge for Trial served on United States Office of Management and Budget on 11/2/2020, filed by American Small Business League. (Olson, Karl) (Filed on 11/9/2020) (Entered: 11/09/2020)
2021-01-139NOTICE of Appearance by Aaron Robert Field (Field, Aaron) (Filed on 1/13/2021) (Entered: 01/13/2021)
2021-01-1310STATUS REPORT by American Small Business League. (Field, Aaron) (Filed on 1/13/2021) (Entered: 01/13/2021)
2021-01-1311CERTIFICATE OF SERVICE by American Small Business League re 9 Notice of Appearance, 10 Status Report (Field, Aaron) (Filed on 1/13/2021) (Entered: 01/13/2021)
2021-01-1412ORDER: Defendants have not yet appeared in this case. The Initial Case Management Conference set for 1/20/2021 01:30 p.m. is vacated and continued to 3/3/2021 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Parties shall file a joint Case Management Conference Statement due by no later than 2/24/2021. Plaintiff shall serve the Defendants with a copy of this Order and file a proof of service with the court. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/dmr General Order 58. Persons granted access to court proceeding s 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/ . Signed by Magistrate Judge Donna M. Ryu on 1/14/21. (ig, COURT STAFF) (Filed on 1/14/2021) (Entered: 01/14/2021)
2021-01-1413CERTIFICATE OF SERVICE by American Small Business League (Olson, Karl) (Filed on 1/14/2021) (Entered: 01/14/2021)
2021-01-1914AFFIDAVIT of Service for Summons, Complaint, and all other case initiating documents; Order Vacating and Continuing Initial Case Management Conference and Certificate of Service (ECF Nos. 12 and 13) served on Jeffrey A. Rosen on 1/18/2021, filed by American Small Business League. (Olson, Karl) (Filed on 1/19/2021) (Entered: 01/19/2021)
2021-01-1915AFFIDAVIT of Service for Summons, Complaint, and all other case initiating documents; Order Vacating and Continuing Initial Case Management Conference and Certificate of Service (ECF Nos. 12 and 13) served on David L. Anderson on 1/15/2021, filed by American Small Business League. (Olson, Karl) (Filed on 1/19/2021) (Entered: 01/19/2021)
2021-02-1616STIPULATION AND [PROPOSED] ORDER TO CONTINUE RESPONSE DEADLINE AND CASE MANAGEMENT CONFERENCE; DECLARATION OF KARL OLSON PURSUANT TO CIVIL LOCAL RULE 6-2(a) filed by American Small Business League, United States Office of Management and Budget, United States Small Business Administration. (Olson, Karl) (Filed on 2/16/2021) Modified on 2/17/2021 (cjlS, COURT STAFF). (Entered: 02/16/2021)
2021-02-1717ORDER (AS MODIFIED) GRANTING STIPULATION EXTENDING RESPONSE DEADLINE AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 3/3/2021 01:30 PM is continued to 4/7/2021 01:30 PM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar. Parties shall file a joint Case Management Statement by 3/31/2021. Defendants' deadline to respond to Plaintiff's Complaint is extended until 3/18/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/dmr 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/ . Motions terminated: 16 Stipulation and Order. Signed by Magistrate Judge Donna M. Ryu on 2/17/21. (ig, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-1718CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/3/2021. (ig, COURT STAFF) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-1719NOTICE of Appearance by Kenneth Warren Brakebill (Brakebill, Kenneth) (Filed on 2/17/2021) (Entered: 02/17/2021)
2021-02-2520CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Office of Management and Budget, United States Small Business Administration.. (Brakebill, Kenneth) (Filed on 2/25/2021) (Entered: 02/25/2021)
2021-03-1821MOTION to Sever filed by United States Office of Management and Budget, United States Small Business Administration. Motion Hearing set for 4/22/2021 01:00 PM before Magistrate Judge Donna M. Ryu. Responses due by 4/1/2021. Replies due by 4/8/2021. (Brakebill, Kenneth) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-1822Declaration of KENNETH BRAKEBILL in Support of 21 MOTION to Sever filed byUnited States Office of Management and Budget, United States Small Business Administration. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 21 ) (Brakebill, Kenneth) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-1823Proposed Order re 21 MOTION to Sever by United States Office of Management and Budget, United States Small Business Administration. (Brakebill, Kenneth) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-1924CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND SETTING ZOOM HEARING. Notice is hereby given to all parties that the Initial Case Management Conference set for 4/7/2021 01:30 PM is vacated and continued to 4/22/2021 01:00 PM in Oakland, - Videoconference Only to coincide with the hearing on Defendants' Motion to Sever. Hearing on 21 Defendants' Motion to Sever is set for 4/22/2021 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. These proceedings will be held via a Zoom webinar. Parties shall file a joint case management conference statement by 4/15/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/dmr 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.) (ig, COURT STAFF) (Filed on 3/19/2021) Modified on 3/19/2021 (ig, COURT STAFF). (Entered: 03/19/2021)
2021-03-1925NOTICE of Appearance by Irene Lee (Lee, Irene) (Filed on 3/19/2021) (Entered: 03/19/2021)
2021-04-0126OPPOSITION/RESPONSE (re 21 MOTION to Sever ) filed byAmerican Small Business League. (Attachments: # 1 Declaration of Karl Olson)(Olson, Karl) (Filed on 4/1/2021) (Entered: 04/01/2021)
2021-04-0827REPLY (re 21 MOTION to Sever ) filed byUnited States Office of Management and Budget, United States Small Business Administration. (Brakebill, Kenneth) (Filed on 4/8/2021) (Entered: 04/08/2021)
2021-04-1528JOINT INITIAL CASE MANAGEMENT CONFERENCE STATEMENT filed by American Small Business League, United States Office of Management and Budget, United States Small Business Administration. (Brakebill, Kenneth) (Filed on 4/15/2021) Modified on 4/16/2021 (amd3S, COURT STAFF). (Entered: 04/15/2021)
2021-04-16Electronic filing error . REMINDER: Document should reflect correct office location; Oakland Division. [err201] No further action is necessary. Re: 28 Case Management Statement, filed by United States Small Business Administration, United States Office of Management and Budget, American Small Business League. (amd3S, COURT STAFF) (Filed on 4/16/2021) (Entered: 04/16/2021)
2021-04-2029CLERK'S NOTICE: The court has received Defendants' Motion to Sever 21 and finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). Accordingly, the 4/22/2021 hearing on the motion is hereby VACATED. The court will issue a written order on the motion. The 4/22/2021 Case Management Conference is also vacated and will be re-set by the court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1S, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)
2021-04-2130Order by Magistrate Judge Donna M. Ryu granting 21 Defendant's Motion to Sever. Plaintiff's claims against Small Business Administration are severed and shall proceed in a separate case. Case Management Statement due by 7/14/2021. Initial Case Management Conference set for 7/21/2021 at 1:30 PM. Signed on 4/21/2021. Signed on 4/21/2021.(dmrlc1S, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)
2021-04-21Remark - Severed Case against United States Small Business Administration opened as case number 4:21-cv-2877-DMR. (cjlS, COURT STAFF) (Filed on 4/21/2021) Modified on 4/21/2021 (cjlS, COURT STAFF). (Entered: 04/21/2021)
2021-05-0531ANSWER to Complaint byUnited States Office of Management and Budget. (Brakebill, Kenneth) (Filed on 5/5/2021) (Entered: 05/05/2021)
2021-07-0132ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Olson, Karl) (Filed on 7/1/2021) (Entered: 07/01/2021)
2021-07-0933CLERK'S NOTICE SETTING ZOOM HEARING. The Initial Case Management Conference is set for 7/21/2021 01:30 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. 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/dmr General Order 58. Persons granted a ccess 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.) (ig, COURT STAFF) (Filed on 7/9/2021) (Entered: 07/09/2021)
2021-07-1434***DISREGARD, FILED IN ERROR BY FILER*** JOINT CASE MANAGEMENT STATEMENT filed by United States Office of Management and Budget, United States Small Business Administration, American Small Business lLeague. (Brakebill, Kenneth) (Filed on 7/14/2021) Modified on 7/15/2021 (bnsS, COURT STAFF). Modified on 7/15/2021 (bnsS, COURT STAFF). (Entered: 07/14/2021)
2021-07-1435***DISREGARD, FILED IN ERROR BY FILER*** REPORT of Rule 26(f) Planning Meeting . (Brakebill, Kenneth) (Filed on 7/14/2021) Modified on 7/15/2021 (bnsS, COURT STAFF). (Entered: 07/14/2021)
2021-07-1436JOINT CASE MANAGEMENT STATEMENT filed by United States Office of Management and Budget. (Brakebill, Kenneth) (Filed on 7/14/2021) (Entered: 07/14/2021)
2021-07-2137Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 7/21/2021., CASE REFERRED to Magistrate Judge for Settlement Conference Case Management Statement due by 11/10/2021. Further Case Management Conference set for 11/17/2021 01:30 PM in Oakland, - To be determined.Recorded via Zoom: 1:50 - 2:03. Plaintiff Attorney: Irene Lee, Karl Olson. Defendant Attorney: Kenneth Brakebill. (amgS, COURT STAFF) (Date Filed: 7/21/2021) (Entered: 07/21/2021)
2021-07-21CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Settlement (ahm, COURT STAFF) (Filed on 7/21/2021) (Entered: 07/23/2021)
2021-07-2638NOTICE AND ORDER REGARDING VIDEO SETTLEMENT CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 7/26/2021. Telephone Conference set for 8/27/2021 at 9:30 a.m. before Magistrate Judge Jacqueline Scott Corley. Settlement Conference set for 10/5/2021 at 8:00 a.m. by Zoom videoconference before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 7/26/2021) (Entered: 07/26/2021)
2021-08-2739Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Pre-settlement call held on August 27, 2021. Plaintiff shall submit its settlement conference statement along the lines of what was discussed in the August 27 call by September 27, 2021. Defendant's statement is due October 3, 2021 to give Defendant time to address Plaintiff's issues. The statements shall be submitted to jscsettlement@cand.uscourts.gov. The video settlement conference is going forward on October 5, 2021 at 8:00 a.m. (Not Reported)(Time 00:20) Attorney for Plaintiff: Karl Olson Attorney for Defendants: Kenneth Brakebill (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 8/27/2021) (Entered: 08/27/2021)
2021-10-0540Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Video settlement conference held on October 5, 2021. Case did not settle and no future court-facilitated discussions are contemplated. (Not Reported)(Time 1:30) Attorneys for Plaintiff: Irene Lee/Karl Olson Attorney for Defendants: Kenneth Brakebill (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 10/5/2021) (Entered: 10/05/2021)
2021-11-1041CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by United States Office of Management and Budget. (Brakebill, Kenneth) (Filed on 11/10/2021) (Entered: 11/10/2021)
2021-11-16CLERKS NOTICE SETTING ZOOM HEARING. Notice is hereby given that the Further Case Management Conference previously set for 11/17/2021 01:30 PM in Oakland, - Videoconference Only 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/dmr General Order 58. Persons granted access to court proceedin gs 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 11/17/2021 01:30 PM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amg, COURT STAFF) (Filed on 11/16/2021) (Entered: 11/16/2021)
2021-11-1742Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference held on 11/17/2021.Recorded via Zoom: 1:29 - 1:32. Defendant's Motion for Summary Judgment due by 1/6/2022Plaintiff's Opposition and Cross-Motion: 2/10/2022Defendant's Reply and Cross-Opposition: 3/10/2022Plaintiff's Cross-Reply: 3/31/2022Dispositive Motion Hearing date set for 4/28/2022 at 1:00 p.m.(amg, COURT STAFF) (Date Filed: 11/17/2021) (Entered: 11/17/2021)
2022-01-0643MOTION for Summary Judgment filed by United States Office of Management and Budget. Motion Hearing set for 4/28/2022 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Responses due by 2/10/2022. Replies due by 3/10/2022. (Brakebill, Kenneth) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-0644Declaration of David J. Rowe in Support of 43 MOTION for Summary Judgment filed byUnited States Office of Management and Budget. (Related document(s) 43 ) (Brakebill, Kenneth) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-0645Declaration of Heather V. Walsh in Support of 43 MOTION for Summary Judgment filed byUnited States Office of Management and Budget. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10, # 11 Exhibit Ex. 11, # 12 Exhibit Ex. 12, # 13 Exhibit Ex. 13)(Related document(s) 43 ) (Brakebill, Kenneth) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-0646Declaration of Kenneth Brakebill in Support of 43 MOTION for Summary Judgment filed byUnited States Office of Management and Budget. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4)(Related document(s) 43 ) (Brakebill, Kenneth) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-01-0647Proposed Order re 43 MOTION for Summary Judgment [PROPOSED] ORDER GRANTING DEFENDANT OMBS MOTION FOR SUMMARY JUDGMENT by United States Office of Management and Budget. (Brakebill, Kenneth) (Filed on 1/6/2022) (Entered: 01/06/2022)
2022-02-1048OPPOSITION/RESPONSE (re 43 MOTION for Summary Judgment ) filed byAmerican Small Business League. (Attachments: # 1 Declaration of Lloyd Chapman, # 2 Declaration of Charles Tiefer, # 3 Declaration of Irene Lee, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Proposed Order)(Olson, Karl) (Filed on 2/10/2022) (Entered: 02/10/2022)
2022-02-1049ERRONEOUSLY E-FILED, DUPLICATE OF DOC 48 Declaration of Lloyd Chapman in Support of 48 Opposition/Response to Motion,, filed byAmerican Small Business League. (Related document(s) 48 ) (Olson, Karl) (Filed on 2/10/2022) Modified on 2/15/2022 (far, COURT STAFF). (Entered: 02/10/2022)
2022-02-1050ERRONEOUSLY E-FILED, DUPLICATE OF DOC 48 Declaration of Charles Tiefer in Support of 48 Opposition/Response to Motion,, filed byAmerican Small Business League. (Related document(s) 48 ) (Olson, Karl) (Filed on 2/10/2022) Modified on 2/15/2022 (far, COURT STAFF). (Entered: 02/10/2022)
2022-02-1051ERRONEOUSLY E-FILED, DUPLICATE OF DOC 48 Declaration of Irene Lee in Support of 48 Opposition/Response to Motion,, filed byAmerican Small Business League. (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)(Related document(s) 48 ) (Olson, Karl) (Filed on 2/10/2022) Modified on 2/15/2022 (far, COURT STAFF). (Entered: 02/10/2022)
2022-02-1052ERRONEOUSLY E-FILED, DUPLICATE OF DOC 48 Proposed Order re 43 MOTION for Summary Judgment by American Small Business League. (Olson, Karl) (Filed on 2/10/2022) Modified on 2/15/2022 (far, COURT STAFF). (Entered: 02/10/2022)
2022-03-1053ORDER: The parties did not provide chambers copies of docket nos. 43-48 as required by Civil Local Rule 5-1(d)(7) and Judge Ryu's Standing Order. The parties shall submit chambers copies of these documents to be delivered to the Oakland courthouse by no later than 3/17/2022. All chambers copies should be double-sided (when possible), three-hole punched along the left side of the page, and should bear the ECF filing stamp (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the chambers copy in a binder. Signed by Magistrate Judge Donna M. Ryu on 3/10/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 3/10/2022) (Entered: 03/10/2022)
2022-03-1054OPPOSITION/RESPONSE (re 43 MOTION for Summary Judgment ) DEFENDANT OMBS OPPOSITION TO PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT; REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed byUnited States Office of Management and Budget. (Brakebill, Kenneth) (Filed on 3/10/2022) (Entered: 03/10/2022)
2022-03-1055Declaration of Lesley Field in Support of 54 Opposition/Response to Motion, filed byUnited States Office of Management and Budget. (Related document(s) 54 ) (Brakebill, Kenneth) (Filed on 3/10/2022) (Entered: 03/10/2022)
2022-03-1056Declaration of David J. Rowe in Support of 54 Opposition/Response to Motion, [Supplemental Decl. of David J. Rowe] filed byUnited States Office of Management and Budget. (Related document(s) 54 ) (Brakebill, Kenneth) (Filed on 3/10/2022) (Entered: 03/10/2022)
2022-03-3157REPLY (re 43 MOTION for Summary Judgment ) filed byAmerican Small Business League. (Olson, Karl) (Filed on 3/31/2022) (Entered: 03/31/2022)
2022-03-3158Declaration of Irene Lee in Support of 57 Reply to Opposition/Response filed byAmerican Small Business League. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 57 ) (Olson, Karl) (Filed on 3/31/2022) (Entered: 03/31/2022)
2022-04-2159CLERK'S NOTICE: Notice is hereby given to all parties that the hearing on the parties' cross motions for summary judgment 43 and 48 set for 4/28/2022 01:00 PM is taken off calendar. The motions will be decided on the papers pursuant to Civil Local Rule 7-1(b) unless otherwise notified. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 4/21/2022) (Entered: 04/21/2022)
2022-09-2860Order by Magistrate Judge Donna M. Ryu granting 43 Defendant's Motion for Summary Judgment; denying 48 Plaintiff's Motion for Summary Judgment. Signed on 9/28/2022.(dmrlc1, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)
2022-09-2861JUDGMENT. Signed by Magistrate Judge Donna M. Ryu on 9/28/2022. ***Civil Case Terminated. (dmrlc1, COURT STAFF) (Filed on 9/28/2022) (Entered: 09/28/2022)
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