Skip to content

Case Detail

[Subscribe to updates]
Case TitleAviation Services LLC et al v. Small Business Administration
DistrictNorthern District of Illinois
Cityrev. 1.8.3 Chicago
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
Opinion/Order [44]
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)
2024-11-2141WITHDRAWING Abraham J. Souza as counsel for Defendant Small Business Administration and substituting Danielle Anne Phillip as counsel of record (Phillip, Danielle) (Entered: 11/21/2024)
2024-12-2742ANNUAL 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/27/2024)
2025-03-3143MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's motion for summary judgment 27 is granted in part and denied in part. Enter Memorandum Opinion and Order. The parties are directed to submit a joint written status report by 5/1/2025. Mailed notice. (cp, ) (Entered: 03/31/2025)
2025-03-3144MEMORANDUM Opinion and Order: Signed by the Honorable Rebecca R. Pallmeyer on 3/31/2025. Mailed notice. (cp, ) (Entered: 03/31/2025)
2025-04-0945MINUTE entry before the Honorable Rebecca R. Pallmeyer: On the court's own motion and by agreement of the parties, a telephone status conference is set for 4/24/2025 at 11:30 a.m. To join the telephone hearing please dial 1-650-479-3207 or 1-855-244-8681 (toll free) and enter access code 2313 755 6066##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (cp, ) (Entered: 04/09/2025)
2025-04-1546Entered in Error. (kl, ). (Main Document 46 replaced on 4/15/2025) (kl, ). (Entered: 04/15/2025)
2025-04-2447ATTORNEY Appearance for Defendant Small Business Administration by Kate Ryan O'Loughlin (O'Loughlin, Kate) (Entered: 04/24/2025)
2025-04-2449MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone status hearing convened. As stated on the record, defendant reports that production of documents is on track. The parties are directed to file a further written status report by 5/19/2025 for status on discovery. Mailed notice. (cp, ) (Entered: 04/28/2025)
2025-04-2548MOTION by Defendant Small Business Administration for reconsideration (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillip, Danielle) (Entered: 04/25/2025)
2025-04-3050MINUTE entry before the Honorable Rebecca R. Pallmeyer: As agreed by the parties, the following briefing schedule is set for Defendant's motion for reconsideration 48 : Response is due by 5/20/2025; reply is due by 6/17/2025. Mailed notice. (cp, ) (Entered: 04/30/2025)
2025-05-1951STATUS Report Joint by Small Business Administration (Phillip, Danielle) (Entered: 05/19/2025)
2025-05-2052MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court thanks counsel for their report and, at their request, directs that supplemental briefing regarding the availability of remedies to enforce §552(a)(2)(A) be submitted by July 30, 2025. Mailed notice. (cp, ) (Entered: 05/20/2025)
2025-05-2053MEMORANDUM by Gregory J Landis, aviation services llc in Opposition to motion for reconsideration 48 (Glazer, Nicolette) (Entered: 05/20/2025)
2025-05-2354RESPONSE by Defendant Small Business Administration to memorandum opinion and order 44 (Attachments: # 1 Exhibit A)(Phillip, Danielle) (Entered: 05/23/2025)
2025-06-0555MOTION by Attorney Kate R. OLoughlin to withdraw as attorney for Small Business Administration. No party information provided (O'Loughlin, Kate) (Entered: 06/05/2025)
2025-06-0656MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion to withdraw counsel 55 is granted. Attorney Kate Ryan O'Loughlin is terminated as counsel for Defendant. Mailed notice. (cp, ) (Entered: 06/06/2025)
2025-06-1757RESPONSE by Small Business Administrationin Support of MOTION by Defendant Small Business Administration for reconsideration 48 REPLY IN SUPPORT OF MOTION FOR RECONSIDERATION (Phillip, Danielle) (Entered: 06/17/2025)
2025-07-2358MOTION by Defendant Small Business Administration for extension of time to file Supplemental Brief - AGREED MOTION (Phillip, Danielle) (Entered: 07/23/2025)
2025-07-2459MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion 58 is granted. Date for submission of supplemental briefs regarding the availability of remedies to enforce §552(a)(2)(A) is extended to August 27, 2025. Mailed notice. (cp, ) (Entered: 07/24/2025)
2025-08-2760BRIEF filed by Nicolette Glazer (Glazer, Nicolette) (Entered: 08/27/2025)
2025-08-2761RESPONSE by Defendant Small Business Administration to memorandum opinion and order 44 Supplemental Brief (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillip, Danielle) (Entered: 08/27/2025)
2025-09-0462NOTICE by Aviation Services LLC, CIG DEVELOPMENT LLC, Gregory J Landis re brief 60 Notice of Erratum (Glazer, Nicolette) (Entered: 09/04/2025)
2025-09-0563MOTION by Defendant Small Business Administration for leave to file Response to Plaintiffs' Supplemental Memoranda (Attachments: # 1 Exhibit 1)(Phillip, Danielle) (Entered: 09/05/2025)
2025-09-0564MINUTE entry before the Honorable Rebecca R. Pallmeyer: SBA's motion for leave to file response to Plaintiff's Supplemental Memoranda 63 is granted. SBA granted leave to file its response. Mailed notice. (cp, ) (Entered: 09/05/2025)
2025-09-0865RESPONSE by Defendant Small Business Administration to brief 60 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Phillip, Danielle) (Entered: 09/08/2025)
2025-10-0266ORDER AMENDED GENERAL ORDER 25-0024: GENERAL ORDER HOLDING IN ABEYANCE: CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY: This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney's Office and other federal agencies, particularly with respect to prosecution and defense of civil cases. The Court, in response, and with the intent to avoid any default or prejudice to the United States or other civil litigants occasioned by the lapse in funding, sua sponte enters this General Order. As a result of the cited workforce reductions, it is hereby ORDERED, effective October 1, 2025, that all civil litigation involving as a party the United States of America, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees), and/or any other party represented by the Department of Justice or the United States Attorney's Office is immediately suspended, postponed, and held in abeyance continuing until funding for federal government operations is fully restored. The Court may renew or modify this General Order depending on developments in the stay period. The Court intends "civil litigation" to include all pending non-criminal cases in which the United States, its agencies, its officers or employees (whether in their individual or official capacity and whether current or former employees) is in any way a named party and any non-criminal cases in which the United States Attorney's Office or the Department of Justice is counsel of record. This includes, without limitation, all pending Social Security cases and all cases seeking monetary or equitable relief in which the United States is involved as a civil litigant. The General Order does not affect habeas corpus cases pending or filed under Chapter 153 of Title 28. This General Order suspends and continues, during the stay, any and all events and deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled proceedings, hearings, and/or discovery and pleading dates. No party will be required to take any steps in civil litigation affected until expiration of the stay. The Court warns litigants that this General Order does not purport to affect rights to, or deadlines concerning, appeal from any decision of this Court, which will continue to operate and issue orders in the normal course. Any litigant affected by this General Order may seek relief from the order by motion. The Court may, in any particular case, vary the effect or operation of this General Order by a separate order. The Court shall distribute this General Order: (a) by electronic service to all registered CM/ECF users; (b) by first-class mail to unregistered civil litigants, including pro se litigants, and to attorneys pending pro hac vice admission; and (c) by posting the General Order on the Court's public website. This General Order does not operate as a stay of any injunction or restraining order entered by any judge of this court. The Court shall clarify the status of case schedules upon expiration of the stay and dependent on the timing of the funding resolution. Signed by the Honorable Virginia M. Kendall on 10/2/2025: Mailed notice. (tg, ) (Entered: 10/02/2025)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar