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Case TitleBerlant v. U.S. Department of Commerce et al
DistrictDistrict of Oregon
CityPortland
Case Number3:2023cv00868
Date Filed2023-06-14
Date ClosedOpen
JudgeJudge Karin J. Immergut
PlaintiffShannon Berlant
Case DescriptionShannon Berlant submitted a FOIA request to the National Institute of Standards and Technology for records concerning NVLAP applications for the labs SLI, Wyle, NTS, and ProV&V. The agency acknowledged receipt of the requests. The agency told Berlant the cost of the records would be $2,268. The agency disclosed some records. Berlant filed an administrative appeal, but after hearing nothing further from the agency, Berlant filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Commerce
DefendantNational Institute of Standards and Technology
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-141Complaint. Filing fee in the amount of $402 collected. Receipt No. 102985. Jury Trial Requested: No. Filed by Shannon Berlant against National Institute of Standards and Technology, U.S. Department of Commerce (Attachments: # 1 Civil Cover Sheet). (sb) (Entered: 06/16/2023)
2023-06-142Summons Issued as to National Institute of Standards and Technology, U.S. Department of Commerce. (sb) (Entered: 06/16/2023)
2023-06-143Application for CM/ECF Registration as a Self-Represented Party. Filed by Shannon Berlant. (sb) (Entered: 06/16/2023)
2023-06-164Notice of Case Assignment to Judge Karin J. Immergut and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 10/16/2023. Joint Alternate Dispute Resolution Report is due by 11/13/2023. Pretrial Order is due by 11/13/2023. Ordered by Judge Karin J. Immergut. (sb) (Entered: 06/16/2023)
2023-06-206Certificate of Service by Shannon Berlant Filed by Shannon Berlant. (sb) (Entered: 06/23/2023)
2023-06-215ORDER GRANTING PLAINTIFF'S APPLICATION FOR CM/ECF REGISTRATION: Plaintiff's Application for CM/ECF Registration as a Self-Represented Party, ECF 3 , is GRANTED. Ordered by Judge Karin J. Immergut on 6/21/2023. (jy) (Entered: 06/21/2023)
2023-07-177Answer to 1 Complaint, . Filed by National Institute of Standards and Technology, U.S. Department of Commerce. (Rice-Stitt, Austin) (Entered: 07/17/2023)
2023-07-258Motion for Leave to respond to Defendant's Answer . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 07/25/2023)
2023-08-079ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO RESPOND: This Court is in receipt of Plaintiff's Motion for Leave to Respond to Defendants' Answer, ECF 8 . Parties are only permitted to file a reply to an answer "if the court orders one." Fed. R. Civ. P. 7(a)(7). Leave to file a reply requires the moving party to demonstrate extraordinary circumstances necessitating a reply. Mills v. Jones , No. 121CV01193DADHBK, 2022 WL 993066, at *1 (E.D. Cal. Apr. 1, 2022) (citation omitted). This Court has not ordered Plaintiff to reply to Defendants' answer and Plaintiff's motion fails to demonstrate any extraordinary circumstances sufficient to warrant a reply. Accordingly, this Court DENIES Plaintiff's Motion for Leave to Respond to Defendants' Answer, ECF 8 . Ordered by Judge Karin J. Immergut on 8/7/2023. (jy) (Entered: 08/07/2023)
2023-08-0810Joint Status Report . Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 08/08/2023)
2023-08-1111SCHEDULING ORDER: This Court is in receipt of Parties' Joint Status Report, ECF 10 . Parties are ORDERED to submit a Joint Status Report by 9/22/2023. Ordered by Judge Karin J. Immergut on 8/11/2023. (jy) (Entered: 08/11/2023)
2023-09-2112Joint Status Report . Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 09/21/2023)
2023-09-2113SCHEDULING ORDER: This Court is in receipt of Parties' Joint Status Report, ECF 12 . Parties are ORDERED to submit a Joint Status Report by 10/13/2023. Ordered by Judge Karin J. Immergut on 9/21/2023. (jy) (Entered: 09/21/2023)
2023-10-1314Joint Status Report by All Defendants. Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 10/13/2023)
2023-10-1315SCHEDULING ORDER: This Court is in receipt of Parties' Joint Status Report, ECF 14 . Parties are ORDERED to submit a Joint Status Report by 11/3/2023. Ordered by Judge Karin J. Immergut on 10/13/2023. (jy) (Entered: 10/13/2023)
2023-11-0316Joint Status Report by All Defendants. Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 11/03/2023)
2023-11-0317SCHEDULING ORDER: This Court is in receipt of Parties' Joint Status Report, ECF 16 . Parties are ORDERED to submit a Joint Status Report by 12/15/2023. Ordered by Judge Karin J. Immergut on 11/3/2023. (jy) (Entered: 11/03/2023)
2023-12-1518Joint Status Report by All Defendants. Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 12/15/2023)
2023-12-1519SCHEDULING ORDER: This Court is in receipt of Parties' Joint Status Report, ECF 18 . Parties are ORDERED to submit a Joint Status Report by 2/2/2024. Every status report thereafter will be due within sixty (60) days. For docketing purposes, this Court STAYS this case. If the Parties seek for this case to be put on this Court's trial docket, they must file a joint motion so requesting. Ordered on 12/15/2023 by Judge Karin J. Immergut. (jy) (Entered: 12/15/2023)
2024-02-0220Joint Status Report by All Defendants. Filed by All Defendants. (Rice-Stitt, Austin) (Entered: 02/02/2024)
2024-04-0221Joint Status Report . Filed by National Institute of Standards and Technology, U.S. Department of Commerce. (Rice-Stitt, Austin) (Entered: 04/02/2024)
2024-04-0322ORDER: This Court is in receipt of Parties' Joint Status Report, ECF 21 . Parties are ORDERED to submit a Joint Status Report by 5/17/2024. On that day, if this matter is not resolved by then, this Court will lift the stay over this case and require that Motions for Summary Judgment be filed no later than 5/27/2024. Ordered on 4/3/2024 by Judge Karin J. Immergut. (jy) (Entered: 04/03/2024)
2024-05-0223Notice of Attorney Substitution: Michael James Jeter is substituted as counsel of record in place of Attorney Austin Rice-Stitt . Filed by on behalf of All Defendants. (Jeter, Michael) (Entered: 05/02/2024)
2024-05-1724Joint Status Report . Filed by National Institute of Standards and Technology, U.S. Department of Commerce. (Jeter, Michael) (Entered: 05/17/2024)
2024-05-2025ORDER: This Court is in receipt of the parties' Joint Status Report, 24 , which proposes a briefing schedule for the parties' respective anticipated motions. This Court ADOPTS that schedule. All motions are due 6/28/2024. Response briefs are due 7/26/2024. And reply briefs are due 8/16/2024. Ordered on 5/20/2024 by Judge Karin J. Immergut. (jp) (Entered: 05/20/2024)
2024-06-2626Unopposed Motion for Extension of Time to Extend Parties' Briefing Schedule . Filed by All Defendants. (Jeter, Michael) (Entered: 06/26/2024)
2024-06-2627ORDER: This Court GRANTS Defendants' Unopposed Motion for Extension, ECF 26 . The parties' respective motions are due 7/3/2024. Responses due 7/30/2024. Replies due 8/20/2024. Ordered on 6/26/2024 by Judge Karin J. Immergut. (jy) (Entered: 06/26/2024)
2024-07-0328Motion for Summary Judgment . Filed by All Defendants. (Jeter, Michael) (Entered: 07/03/2024)
2024-07-0329Declaration of Dana S. Leaman in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Jeter, Michael) (Entered: 07/03/2024)
2024-07-2230Unopposed Motion for Extension of Time to File a Response/Reply Defendants' to Motion for Summary Judgment 28 . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 07/22/2024)
2024-07-2231ORDER: Finding good cause, this Court GRANTS Plaintiff's Unopposed Motion for Extension, ECF 30 . Plaintiff's response to Defendants' Motion for Summary Judgment, ECF 28 , is now due no later than 8/13/2024. Ordered on 7/22/2024 by Judge Karin J. Immergut. (jy) (Entered: 07/22/2024)
2024-08-1332Response in Opposition to Motion for Summary Judgment 28 . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 08/13/2024)
2024-08-3033Motion for Extension of Time . Filed by All Defendants. (Jeter, Michael) (Entered: 08/30/2024)
2024-08-3034ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT: Finding good cause, this Court GRANTS Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment, ECF 33 . Defendants' deadline to file a reply is now 09/06/2024. Ordered on 08/30/24 by Judge Karin J. Immergut. (jy) (Entered: 08/30/2024)
2024-09-0635Reply in Support to Motion for Summary Judgment 28 . Filed by U.S. Department of Commerce. (Jeter, Michael) (Entered: 09/06/2024)
2024-09-0636Supplemental Declaration of Dana S. Leaman in Support of Defendants' Motion for Summary Judgment . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 28 .) (Jeter, Michael) (Entered: 09/06/2024)
2024-09-0937Unopposed Motion for Leave to File Motion for Limited Discovery . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 09/09/2024)
2024-09-1038ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE MOTION FOR LIMITED DISCOVERY: Finding good cause, this Court GRANTS Plaintiff's Unopposed Motion for Leave to File Motion for Limited Discovery, ECF 37 . Plaintiff's deadline to file a motion for limited discovery is now 09/20/2024. Signed on 09/10/2024 by Judge Karin J. Immergut. (jy) (Entered: 09/10/2024)
2024-09-2039Motion to Allow Limited Discovery Pursuant To Rule 56 . Filed by Shannon Berlant. (Berlant, Shannon) (Entered: 09/20/2024)
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