Case Detail

FOIA Project Annotation: Ruling on an issue that is rarely if ever litigated, a federal court in California has ruled that the American Small Business League, considered by U.S. Small Business Administration as a commercial requester for fee purposes, is not entitled to a fee waiver for its requests about SBA press communications with external parties concerning various topics â€" including the Paycheck Protection Program and COVID 19 â€" to and from various employees, using wide range of search terms. However, Magistrate Judge Donna Ryu sided with ASBL on the issue of whether its requests were made for commercial purposes and whether it qualified as a representative of the news media for fee purposes. ASBL made three separate wide-ranging requests and discussed the parameters of the request with agency personnel. It also requested a fee waiver because it intended to disseminate the information for educational purposes. In response to its FOIA requests, SBA denied its fee waiver requests and instead assessed fees of $12,584 for the first request. ABSL filed an administrative appeal of the denial of a fee waiver for the first request, which was denied. In response to its second request, SBA again denied ASBL's request for a fee waiver, assessing $2,852 in costs. ASBL filed an administrative appeal of that denial, which was once again denied by the agency. In response to its third request, SBA denied ASBL's request for a fee waiver, this time assessing $2,264 in fees. ASBL filed an administrative appeal of that denial, which again was denied by the agency. ASBL then filed suit in district court, challenging the SBA's denials of their requests for fee waivers, arguing that the requests met the public interest standard for granting a fee waiver. Noting that the standard for awarding a fee waiver was that the information disclosed would shed light on government activities or operations, Ryu found ASBL's fee waiver requests fell short of meeting that standard. She pointed out that "ASBL fails to describe specific connections between the requested information and SBA's operations and activities; its materials simply ask for all communications between SBA's press office and third parties over a seven-month period. ASBL does not satisfactorily explain why this disclosure of documents would supply meaningful information about SBA's media and team. Its broad request is more akin to the general statements in [earlier case law in which the Ninth Circuit found a fee waiver was not warranted] than the tailored request [in which the Ninth Circuit had approved of a fee waiver] that clarified why the requestor wanted certain materials and its intentions in disseminating it. At the hearing, ASBL's counsel could not direct the court to any other evidence in the administrative record that the sought-after information was in the public interest." On the question of whether ASBL would use the information to further its commercial interests, ASBL argued that it was an advocacy group that researched government activities so that it could advocate for small business protection. Ryu indicated that "none of ASBL's explanations suggest that the disclosures would further its own commercial trade or profit interest." Finding no evidence that ASBL intended to use the information for commercial purposes, Ryu also found ASBL qualified under the National Security Archives v. Dept of Defense standard because it was requesting information to then disseminate to interested parties. She pointed out that "ASBL gathers information of current interest to the general public, turns raw materials into a distinct work, and disseminates that work." She observed that "ASBL's use of its own website to spread information also suffices to demonstrate that it means to make its materials available to the general public."
Issues: Public Interest Fee Waiver, Fee Category - Commercial, Public Interest Fee Waiver - Dissemination

Date Filed	Doc #	Docket Text
2021-04-21	1	ORDER Granting Motion to Sever. Signed by Judge Donna M. Ryu on April 21, 2021. (cjlS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)
2021-04-21	2	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/14/2021. Initial Case Management Conference set for 7/21/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)
2021-04-28	3	COMPLAINT against United States Small Business Administration ( Filing fee $ 402, receipt number 0971-15901734.). Filed byAmerican Small Business League. (Attachments: # 1 Civil Cover Sheet)(Olson, Karl) (Filed on 4/28/2021) (Entered: 04/28/2021)
2021-04-28	4	Proposed Summons. (Attachments: # 1 Summons, # 2 Summons)(Olson, Karl) (Filed on 4/28/2021) (Entered: 04/28/2021)
2021-04-29	5	Summons Issued as to United States Small Business Administration, U.S. Attorney and U.S. Attorney General. (cjlS, COURT STAFF) (Filed on 4/29/2021) (Entered: 04/29/2021)
2021-05-11	6	DEFENDANT UNITED STATES SMALL BUSINESS ADMIMISTRATON'S ANSWER to Complaint byUnited States Small Business Administration. (Brakebill, Kenneth) (Filed on 5/11/2021) (Entered: 05/11/2021)
2021-06-04	7	Application for Refund re 3 Complaint, Receipt Number 0971-15901585 by American Small Business League. (Olson, Karl) (Filed on 6/4/2021) (Entered: 06/04/2021)
2021-06-08	8	Refund Status re 7 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 6/8/2021) (Entered: 06/08/2021)
2021-06-30	9	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Brakebill, Kenneth) (Filed on 6/30/2021) (Entered: 06/30/2021)
2021-07-01	10	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Olson, Karl) (Filed on 7/1/2021) (Entered: 07/01/2021)
2021-07-09	11	CLERK'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)
2021-07-14	12	JOINT CASE MANAGEMENT STATEMENT filed by United States Small Business Administration, American Small Business League. (Brakebill, Kenneth) (Filed on 7/14/2021) Modified on 7/15/2021 (cjlS, COURT STAFF). (Entered: 07/14/2021)
2021-07-14	13	JOINT REPORT of Rule 26(f) Planning Meeting. (Brakebill, Kenneth) (Filed on 7/14/2021) Modified on 7/15/2021 (cjlS, COURT STAFF). (Entered: 07/14/2021)
2021-07-21	14	Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 7/21/2021. Dispositive Motion due by 8/30/2021. Responses due by 10/8/2021. Replies due by 10/29/2021. Further Case Management Conference set for 12/9/2021 01:00 PM in Oakland, - To be determined. Motion Hearing set for 12/9/2021 01:00 PM in Oakland, - To be determined before Magistrate Judge Donna M. Ryu.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)
2021-08-30	15	MOTION for Summary Judgment filed by American Small Business League. Motion Hearing set for 12/9/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 10/8/2021. Replies due by 10/29/2021. (Olson, Karl) (Filed on 8/30/2021) (Entered: 08/30/2021)
2021-08-30	16	Declaration of Lloyd Chapman in Support of 15 MOTION for Summary Judgment filed byAmerican Small Business League. (Related document(s) 15 ) (Olson, Karl) (Filed on 8/30/2021) (Entered: 08/30/2021)
2021-08-30	17	Declaration of Karl Olson in Support of 15 MOTION for Summary Judgment 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, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Related document(s) 15 ) (Olson, Karl) (Filed on 8/30/2021) (Entered: 08/30/2021)
2021-08-30	18	Proposed Order re 15 MOTION for Summary Judgment by American Small Business League. (Olson, Karl) (Filed on 8/30/2021) (Entered: 08/30/2021)
2021-10-08	19	MOTION for Summary Judgment DEFENDANTS NOTICE OF CROSS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT; OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed by United States Small Business Administration. Motion Hearing set for 12/9/2021 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Responses due by 10/29/2021. Replies due by 11/19/2021. (Brakebill, Kenneth) (Filed on 10/8/2021) (Entered: 10/08/2021)
2021-10-08	20	Declaration of Eric S. Benderson in Support of 19 MOTION for Summary Judgment DEFENDANTS NOTICE OF CROSS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT; OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT filed byUnited States Small Business Administration. (Attachments: # 1 Exhibit Exh. A, # 2 Exhibit Exh. B, # 3 Exhibit Exh. C, # 4 Exhibit Exh. D, # 5 Exhibit Exh. E, # 6 Exhibit Exh. F, # 7 Exhibit Exh. G, # 8 Exhibit Exh. H, # 9 Exhibit Exh. I, # 10 Exhibit Exh. J, # 11 Exhibit Exh. K, # 12 Exhibit Exh. L, # 13 Exhibit Exh. M, # 14 Exhibit Exh. N, # 15 Exhibit Exh. O, # 16 Exhibit Exh. P, # 17 Exhibit Exh. Q, # 18 Exhibit Exh. R)(Related document(s) 19 ) (Brakebill, Kenneth) (Filed on 10/8/2021) (Entered: 10/08/2021)
2021-10-08	21	Proposed Order re 19 MOTION for Summary Judgment DEFENDANTS NOTICE OF CROSS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT; OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by United States Small Business Administration. (Brakebill, Kenneth) (Filed on 10/8/2021) (Entered: 10/08/2021)
2021-10-29	22	OPPOSITION/RESPONSE (re 19 MOTION for Summary Judgment DEFENDANTS NOTICE OF CROSS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT; OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT , 15 MOTION for Summary Judgment ) filed byAmerican Small Business League. (Attachments: # 1 Declaration of Karl Olson)(Field, Aaron) (Filed on 10/29/2021) (Entered: 10/29/2021)
2021-11-04	23	CLERK'S NOTICE Changing Time for Motion Hearing and Case Management Conference as to 15 MOTION for Summary Judgment ; 19 MOTION for Summary Judgment DEFENDANTS NOTICE OF CROSS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT; OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT and Further Case Management Conference set for 12/9/2021 10:00 AM in Oakland, - Videoconference Only. Motion Hearing set for 12/9/2021 10:00 AM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jjo, COURT STAFF) (Filed on 11/4/2021) (Entered: 11/04/2021)
2021-11-12	24	STIPULATION WITH PROPOSED ORDER re 23 Clerk's Notice, Set Motion and Deadlines/Hearings, 14 Case Management Conference - Initial, Set Deadlines/Hearings, STIPULATION AND [PROPOSED] ORDER REGARDING HEARING DATE ON CROSS-MOTIONS FOR SUMMARY JUDGMENT; DECLARATION filed by United States Small Business Administration. (Brakebill, Kenneth) (Filed on 11/12/2021) Modified on 11/15/2021 (kmg, COURT STAFF). (Entered: 11/12/2021)
2021-11-15	25	Order by Magistrate Judge Donna M. Ryu granting 24 Stipulation as modified. Hearing on Cross-Motions for Summary Judgment set for 2/10/2022 at 1:00 PM in Oakland via Zoom Videoconference, followed by Further Case Management Conference also set for 2/10/2022 at 1:00 PM in Oakland via Zoom Videoconference before Magistrate Judge Donna M. Ryu.(dmrlc2, COURT STAFF) (Filed on 11/15/2021) (Entered: 11/15/2021)
2021-11-19	26	REPLY Memorandum in Support of (re 19 MOTION for Summary Judgment and Cross Motion for Summary Judgment; Opposition to Plaintiff's Motion for Summary Judgment) filed by United States Small Business Administration. (Brakebill, Kenneth) (Filed on 11/19/2021) Modified on 11/21/2021 (gba, COURT STAFF). (Entered: 11/19/2021)
2022-02-10	27	Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further Case Management Conference not held on 2/10/2022. Motion Hearing held on 2/10/2022 by Zoom video conference re 15 Plaintiff's Motion for Summary Judgment and 16 Defendant's Cross-motion for Summary Judgment. Cross-motions for Summary Judgment are taken under submission, court's written order to follow. For the reasons stated on the record, the court denies American Small Business League's request for leave to amend the complaint to add FOIA Requests No. SBA-2020-000566 and SBA-2020-001133. Recorded in Zoom: 1:02-2:03 (Assigned Transcriber: Joan Columbini). Attachment: Civil Law & Motion and Conference Minute Order. (ig, COURT STAFF) (Date Filed: 2/10/2022) Modified on 2/23/2022 (nap, COURT STAFF). (Entered: 02/10/2022)
2022-02-22	28	TRANSCRIPT ORDER for proceedings held on 2/10/2022 before Magistrate Judge Donna M. Ryu by American Small Business League, for Court Reporter FTR - Oakland. (Olson, Karl) (Filed on 2/22/2022) (Entered: 02/22/2022)
2022-03-01	29	Transcript of Proceedings held on February 10, 2022, before Judge Donna M. Ryu. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number joan.columbini.csr@gmail.com, 510-367-3043. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 28 Transcript Order ) Redaction Request due 3/22/2022. Redacted Transcript Deadline set for 4/1/2022. Release of Transcript Restriction set for 5/31/2022. (Related documents(s) 28 ) (Columbini, Joan) (Filed on 3/1/2022) (Entered: 03/01/2022)
2022-06-07	30	ORDER by Magistrate Judge Donna M. Ryu granting in part and denying in part 15 Plaintiff's Motion for Summary Judgment, and granting in part and denying in part 19 Defendant's Cross-Motion for Summary Judgment. (dmrlc2, COURT STAFF) (Filed on 6/7/2022) (Entered: 06/07/2022)
2022-06-07	31	JUDGMENT. ***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 6/7/2022. (dmrlc2, COURT STAFF) (Filed on 6/7/2022) (Entered: 06/07/2022)
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