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Case TitleRusso et al v. United States Small Business Administration
DistrictNorthern District of Illinois
CityChicago
Case Number1:2023cv03507
Date Filed2023-06-02
Date ClosedOpen
JudgeHonorable Rebecca R. Pallmeyer
PlaintiffLynda Russo
PlaintiffKL Associates Limited, LLC
Case DescriptionKL Associates and Lynda Russo submitted a FOIA request to the U.S. Small Business Administration for records concerning the applicant's COVID-19 emergency application. The agency acknowledged receipt of the request. The agency provided some records but withheld others under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Russo filed an administrative appeal. She also submitted several other FOIA requests asking for information about her role as a small businessperson. After hearing nothing further from the agency, Russo filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Small Business Administration
DefendantUnited States Small Business Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-021COMPLAINT filed by Lynda Russo, KL ASSOCIATES LIMITED, LLC ; Filing fee $ 402, receipt number AILNDC-20701176. (Attachments: # 1 Appendix Entry of Appearance, # 2 Civil Cover Sheet)(Glazer, Nicolette) (Entered: 06/02/2023)
2023-06-02CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jcc, ) (Entered: 06/02/2023)
2023-06-02CLERK'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. (jcc, ) (Entered: 06/02/2023)
2023-06-022NOTICE by KL ASSOCIATES LIMITED, LLC, Lynda Russo re complaint 1 Exhibits to Complaint (Glazer, Nicolette) (Entered: 06/02/2023)
2023-06-053ATTORNEY Appearance for Plaintiffs KL Associates Limited, LLC, Lynda Russo by Nicolette Glazer (Glazer, Nicolette) (Entered: 06/05/2023)
2023-06-054MINUTE entry before the Honorable Franklin U. Valderrama: On or before 08/14/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiffs must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiffs' counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice. (kp, ) (Entered: 06/05/2023)
2023-06-055NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KL Associates Limited, LLC (Glazer, Nicolette) (Entered: 06/05/2023)
2023-07-06SUMMONS Issued as to United States Small Business Administration, U.S. Attorney, and U.S. Attorney General (emc, ) (Entered: 07/06/2023)
2023-08-086DESIGNATION of Abraham Judson Souza as U.S. Attorney for Defendant United States Small Business Administration (Souza, Abraham) (Entered: 08/08/2023)
2023-08-087MOTION by Defendant United States Small Business Administration for extension of time to file responsive pleading (UNOPPOSED) (Souza, Abraham) (Entered: 08/08/2023)
2023-08-098MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant's Unopposed Motion for Extension of Time to File Responsive Pleading 7 . The deadline for Defendant to file their responsive pleading is extended to 09/08/2023. The joint initial status report deadline is extended to 09/15/2023. Emailed notice (axc). (Entered: 08/09/2023)
2023-09-069MOTION by Defendant United States Small Business Administration for extension of time to file responsive pleading (AGREED) (Souza, Abraham) (Entered: 09/06/2023)
2023-09-1110MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons listed in the motion, the Court grants Defendant's Agreed Motion for Second Extension of Time to File Responsive Pleading 9 . The deadline for Defendant to file their responsive pleading is extended to 10/10/2023. The joint initial status report deadline is extended to 10/17/2023. Emailed notice (axc). (Entered: 09/11/2023)
2023-10-0611MOTION by Defendant United States Small Business Administration to stay JOINT AGREED MOTION (Souza, Abraham) (Entered: 10/06/2023)
2023-10-1112MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants the Joint Agreed Motion to Stay 11 . The case is stayed for 60 days to allow the parties to continue discussions of a potential resolution of the case. On or before 12/11/2023, the parties shall file a status report updating the Court on discussions to resolve the case. Emailed notice (axc). (Entered: 10/11/2023)
2023-12-1113STATUS Report JOINT by United States Small Business Administration (Souza, Abraham) (Entered: 12/11/2023)
2023-12-1214MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the Joint Status Report 13 . Per request of the parties, the stay 12 is continued until 2/09/2024 to allow the parties to continue to explore a potential resolution of the case. On or before 2/09/2024, the parties shall file a status report updating the Court on discussions to resolve the case. Emailed notice (axc). (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)
2024-02-0916STATUS Report (JOINT) by United States Small Business Administration (Souza, Abraham) (Entered: 02/09/2024)
2024-02-1217MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the Parties' Joint Status Report 16 , which states that the Parties have been unable to resolve the case. Therefore, per request of the Parties, Plaintiffs shall file a supplemental complaint by 02/20/2024. Defendant shall answer or otherwise plead by 03/12/2024. Mailed notice (ags) (Entered: 02/12/2024)
2024-02-1918First AMENDED complaint by Lynda Russo, KL Associates Limited, LLC against United States Small Business Administration (Glazer, Nicolette) (Entered: 02/19/2024)
2024-03-1219ANSWER to amended complaint by United States Small Business Administration(Souza, Abraham) (Entered: 03/12/2024)
2024-03-1520EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Rebecca R. Pallmeyer for all further proceedings pursuant to Local Rule 40.4. Honorable Franklin U. Valderrama no longer assigned to the case. Signed by Executive Committee on 3/15/24.(lm, ) (Entered: 03/20/2024)
2024-04-0521MINUTE 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 in related case 23-cv-3103: 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)
2024-05-0622MOTION by Defendant United States Small Business Administration for extension of time to file summary judgment motion (UNOPPOSED) (Souza, Abraham) (Entered: 05/06/2024)
2024-05-0723MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for 14 day extension of summary judgment briefing schedule 22 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)
2024-05-2424MOTION by Defendant United States Small Business Administration for summary judgment (Attachments: # 1 Supporting Memorandum)(Souza, Abraham) (Entered: 05/24/2024)
2024-05-2425Local Rule 56.1(a)(2) Statement of Material Facts STATEMENT by United States Small Business Administration (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit B, # 6 Exhibit B-1, # 7 Exhibit B-2)(Souza, Abraham) (Entered: 05/24/2024)
2024-06-2326MOTION by Plaintiffs KL Associates Limited, LLC, Lynda Russo for extension of time to file response/reply as to motion for summary judgment 24 , statement, 25 (Glazer, Nicolette) (Entered: 06/23/2024)
2024-06-2427MINUTE 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 26 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)
2024-07-0128RESPONSE by KL Associates Limited, LLC, Lynda Russoin Opposition to MOTION by Defendant United States Small Business Administration for summary judgment 24 (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)
2024-07-1529SUMMONS Returned Unexecuted as to Joseph Gruben; United States Small Business Administration. (Received via pro se email on 7/15/2024) (jh, ) (Entered: 07/17/2024)
2024-07-1930MOTION by Defendant United States Small Business Administration for extension of time to file summary judgment brief (UNOPPOSED) (Souza, Abraham) (Entered: 07/19/2024)
2024-07-2231MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for seven-day extension of summary judgment briefing schedule 30 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)
2024-07-2932REPLY by Defendant United States 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)
2024-08-0533REPLY by KL Associates Limited, LLC, Lynda Russo to response in opposition to motion, 28 , reply, 32 (Glazer, Nicolette) (Entered: 08/05/2024)
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