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Case TitleAviation Services LLC et al v. Small Business Administration
DistrictNorthern District of Illinois
CityChicago
Case Number1:2023cv03103
Date Filed2023-05-17
Date ClosedOpen
JudgeHonorable Rebecca R. Pallmeyer
Plaintiffaviation services llc
PlaintiffCIG DEVELOPMENT LLC
PlaintiffGregory J Landis
Case DescriptionAviation Services and CIG Development, LLC submitted a FOIA request to U.S. Small Business Administration for records concerning the company's application under the CARES Act. The agency acknowledged receipt of the request. The agency disclosed responsive records with redactions. Aviation Services filed an administrative appeal of the redactions. Aviation Services then submitted a FOIA request for records concerning CIG Development's CARES Act application. The agency acknowledged receipt of the request. The agency disclosed records but withheld many under Exemption 5 (privileges). Aviation Services filed an administrative appeal of that decision. After hearing nothing further from the agency concerning its appeals, Aviation Services filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantSmall Business Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-171COMPLAINT filed by Gregory J Landis, CIG DEVELOPMENT LLC; Filing fee $ 402, receipt number AILNDC-20647362.(Glazer, Nicolette) (Entered: 05/17/2023)
2023-05-172CIVIL Cover Sheet (Glazer, Nicolette) (Entered: 05/17/2023)
2023-05-173ATTORNEY Appearance for Plaintiffs CIG DEVELOPMENT LLC, Gregory J Landis, aviation services llc by Nicolette Glazer (Glazer, Nicolette) (Entered: 05/17/2023)
2023-05-17CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (smb, ) (Entered: 05/17/2023)
2023-05-17CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) (Entered: 05/17/2023)
2023-05-30SUMMONS Issued as to Small Business Administration, U.S. Attorney, and U.S. Attorney General (sxh, ) (Entered: 05/30/2023)
2023-07-054DESIGNATION of Abraham Judson Souza as U.S. Attorney for Defendant Small Business Administration (Souza, Abraham) (Entered: 07/05/2023)
2023-07-055MOTION by Defendant Small Business Administration for extension of time to file responsive pleading (UNOPPOSED) (Souza, Abraham) (Entered: 07/05/2023)
2023-07-066MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for extension of time to file responsive pleading 5 is granted. Defendant, Small Business Administration, to answer or otherwise respond to complaint through and including August 9, 2023. Mailed notice. (cp, ) (Entered: 07/06/2023)
2023-08-017MOTION by Defendant Small Business Administration for extension of time to file responsive pleading (UNOPPOSED) (Souza, Abraham) (Entered: 08/01/2023)
2023-08-028MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's Unopposed Motion For Second Extension Of Time To File Responsive Pleading 7 is granted. Defendant's responsive pleading due on or before September 8, 2023. Mailed notice (cn). (Entered: 08/02/2023)
2023-09-069MOTION by Defendant Small Business Administration for extension of time to file responsive pleading (AGREED) (Souza, Abraham) (Entered: 09/06/2023)
2023-09-0810MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's agreed motion for third extension of time to file responsive pleading 9 is granted. Defendant is granted an extension to file a responsive pleading through and including October 10, 2023. Mailed notice. (cp, ) (Entered: 09/08/2023)
2023-10-0611MOTION by Defendant Small Business Administration to stay JOINT AGREED MOTION (Souza, Abraham) (Entered: 10/06/2023)
2023-10-1112MINUTE entry before the Honorable Rebecca R. Pallmeyer: Joint Agreed Motion to Stay 11 is granted; Case is stayed for 60 days. Parties are directed to submit a further written status report on or before December 11, 2023. Mailed notice. (cp, ) (Entered: 10/11/2023)
2023-12-1113STATUS Report JOINT by Small Business Administration (Souza, Abraham) (Entered: 12/11/2023)
2023-12-1214MINUTE entry before the Honorable Rebecca R. Pallmeyer: At the parties' request, stay of this case is extended for an additional 60 days. Absent submission of settlement documents prior to February 20, 2024, the parties are directed to submit a further written status report on that date. Mailed notice. (cp, ) (Entered: 12/12/2023)
2023-12-2815ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)
2024-02-2016STATUS Report (JOINT) by Small Business Administration (Souza, Abraham) (Entered: 02/20/2024)
2024-02-2117MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court has reviewed the parties' report and directs that Plaintiffs file their supplemental complaint under Fed. R. Civ. P. 15(d) by February 27, 2024, and that Defendant answer or otherwise respond to the supplemental complaint within 21 days, by March 19, 2024. The parties are further directed to submit a proposed schedule for summary judgment briefing by April 3, 2024. Mailed notice. (cp, ) (Entered: 02/21/2024)
2024-02-2718Supplemental and AMENDED complaint by aviation services llc, Gregory J Landis, CIG DEVELOPMENT LLC against All Defendants (Glazer, Nicolette) (Entered: 02/27/2024)
2024-03-1219MOTION by Defendant Small Business Administration to reassign case based on relatedness (UNOPPOSED) (Attachments: # 1 Exhibit amended complaint in higher-numbered Russo case)(Souza, Abraham) (Entered: 03/12/2024)
2024-03-1520MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for reassignment based on relatedness 19 is granted. Executive order to enter. Mailed notice. (cp, ) (Entered: 03/15/2024)
2024-03-1921ANSWER to amended complaint by Small Business Administration(Souza, Abraham) (Entered: 03/19/2024)
2024-03-2522MINUTE entry before the Honorable Rebecca R. Pallmeyer: An Executive Committee Order was entered in case number 23-cv-3507, reassigning that case to this court as a related case to 23-cv-3103. Mailed notice. (cp, ) (Entered: 03/25/2024)
2024-04-0323STATUS Report (JOINT) by Small Business Administration (Souza, Abraham) (Entered: 04/03/2024)
2024-04-0524MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court enters the following schedule for cross-motions for summary judgment, as stated in the Joint Status Report 23 : Defendant's motion for summary judgment due May 10, 2024; Plaintiffs' combined response to defendant's motion and cross-motion for summaryjudgment due June 10, 2024; Defendant's combined response to plaintiffs' cross-motion and reply in support of its motion due July 1, 2024; and Plaintiffs' reply in support of their cross-motion due July 15, 2024. Mailed notice. (cp, ) (Entered: 04/05/2024)
2024-05-0625MOTION by Defendant Small Business Administration for extension of time to file summary judgment motion (UNOPPOSED) (Souza, Abraham) (Entered: 05/06/2024)
2024-05-0726MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for 14 day extension of summary judgment briefing schedule 25 is granted. The court grants the deadline extensions for the cross-motions for summary judgment as follows: Defendant United States Small Business Administration's ("SBA's") motion for summary judgment is due by 5/24/2024; Plaintiffs' combined response to SBA's motion and cross motion for summary judgment is due by 6/24/2024; SBA's combined response to plaintiff's cross-motion and reply in support of its motion is due by 7/15/2024; and Plaintiff's reply in support of their cross-motion is due by 7/29/2024. Mailed notice (cp, ) (Entered: 05/07/2024)
2024-05-2427MOTION by Defendant Small Business Administration for summary judgment (Attachments: # 1 Supporting Memorandum)(Souza, Abraham) (Entered: 05/24/2024)
2024-05-2428Local Rule 56.1(a)(2) Statement of Material Facts STATEMENT by Small Business Administration (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7)(Souza, Abraham) (Entered: 05/24/2024)
2024-06-2329MOTION by Plaintiffs CIG DEVELOPMENT LLC, Gregory J Landis, aviation services llc for extension of time to file response/reply as to statement, 28 , motion for summary judgment 27 (Glazer, Nicolette) (Entered: 06/23/2024)
2024-06-2430MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's Consent Motion To Extend Time In Re: Briefing Schedule For Plaintiff's Response To Defendant's Rule 56 Motion And Cross-Motion 29 is granted. The court grants the deadline extensions for the cross-motions for summary judgment as follows: Plaintiffs' combined response to SBA's motion and cross motion for summary judgment is due by 7/1/2024; SBA's combined response to plaintiff's cross-motion and reply in support of its motion is due by 7/22/2024; and Plaintiff's reply in support of their cross-motion is due by 8/5/2024. Emailed notice (cn). (Entered: 06/24/2024)
2024-07-0131RESPONSE by CIG DEVELOPMENT LLC, Gregory J Landis, aviation services llcin Opposition to MOTION by Defendant Small Business Administration for summary judgment 27 (Attachments: # 1 Appendix Response to LR 56.1 Statement and Pltf Statement of Additional Undisputed Facts ISO Cross-Motion for Summary Judgemnt, # 2 Declaration ISO Cross-Motion For Summary Judgemtn)(Glazer, Nicolette) (Entered: 07/01/2024)
2024-07-1932MOTION by Defendant Small Business Administration for extension of time to file summary judgment brief (UNOPPOSED) (Souza, Abraham) (Entered: 07/19/2024)
2024-07-2233MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for seven-day extension of summary judgment briefing schedule 32 is granted. SBA's consolidated reply in support of its summary judgment motion and response to plaintiffs' cross-motion is due on 7/29/24; and plaintiffs' reply is due on 8/12/24. Mailed notice. (cp, ) (Entered: 07/22/2024)
2024-07-2934REPLY by Defendant Small Business Administration in support of its motion for summary judgment and response in opposition to plaintiffs' cross-motion (Attachments: # 1 response to plaintiffs' statement of additional material facts)(Souza, Abraham) (Entered: 07/29/2024)
2024-08-0535REPLY by CIG DEVELOPMENT LLC, Gregory J Landis to reply, 34 , response in opposition to motion, 31 (Glazer, Nicolette) (Entered: 08/05/2024)
2024-08-0536MOTION by Plaintiffs CIG DEVELOPMENT LLC, Gregory J Landis to file instanter (Attachments: # 1 Supplement LR 56.1 Statement)(Glazer, Nicolette) (Entered: 08/05/2024)
2024-08-1437MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs' Motion for leave to file Rule 56.1 Statement instanter 36 is granted, nunc pro tunc to 8/5/2024. Mailed notice. (cp, ) (Entered: 08/14/2024)
2024-08-2138MOTION by Defendant Small Business Administration for leave to file response to plaintiffs' supplemental 56.1 statement (UNOPPOSED) (Attachments: # 1 Response to Supplemental 56.1 Statement)(Souza, Abraham) (Entered: 08/21/2024)
2024-08-2239MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for leave to file response to plaintiffs' supplemental statement of material facts 38 is granted. Defendant is directed to file the response. Mailed notice. (cp, ) (Entered: 08/22/2024)
2024-08-2240RESPONSE by Defendant Small Business Administration to plaintiffs' supplemental statement of additional material facts (Souza, Abraham) (Entered: 08/22/2024)
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