Court filing

Exhibit K — No. 1:23-cv-01735 (Dkt. 28-11, N.D. Ohio)

Summary

Exhibit K to Docket 28 in Case No. 1:23-cv-01735, filed November 14, 2023, collects correspondence on FOIA request SBA-2023-003385 for restaurant fund data. On August 21, 2023 the SBA told attorney Manju Gupta of Tucker Ellis LLP that processing fees would total $100.00, above the $50.00 Gupta had agreed to pay. Gupta agreed the same day by email and by letter to pay any fees and asked for documents on an interim basis as they become available.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed November 14, 2023 in No. 1:23-cv-01735; one of 4 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Ohio
Filed	2023-11-14

Cite this document

“Exhibit K — No. 1:23-cv-01735 (Dkt. 28-11, N.D. Ohio).” U.S. District Court for the Northern District of Ohio, No. 1:23-cv-01735, Doc. 28-11, filed 2023-11-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/w6-restaurant-group-ltd-v-u-s-small-business-administration/2023-11-14-exhibit-11-to-dkt-28/, SHA-256 265cf48de468da10fce61f910fe6cb6daba4796d023410728351961d4ab411bc.

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Full text

Case: 1:23-cv-01735-BMB Doc #: 28-11 Filed: 11/14/23 1 of 5. PageID #: 182




                     EXHIBIT K

                          Case: 1:23-cv-01735-BMB Doc #: 28-11 Filed: 11/14/23 2 of 5. PageID #: 183




Sent Messages


 Request NumberSBA-2023-003385

                Subject                                  Message(s)                                Date Sent

  Agreement to Pay Fees                     August 21, 2023 Chief                    08/21/2023 04:45:15 PM

    Case: 1:23-cv-01735-BMB Doc #: 28-11 Filed: 11/14/23 3 of 5. PageID #: 184




Tucker                                950 Main Avenue, Suite 1100 I Cleveland, OH 44113 I TEL 216.592.5000 I FAX 216.592.5009



Ellis I.I.I'
   August 21, 2023                                           DIRECT DIAL 216.696.5456 I Manju.Gupta@tuckerellis.com




   VIA ELECTRONIC MAIL: FOIA(&sba.aov

   Chief, Freedom of Information/Privacy Acts Office
   U.S. Small. Business Administration
   409 Third St. SW, Eighth Floor
   Washington, DC 20416

             Re:    FOIA Request for Restaurant RevitalLation Fund Data
                    Reference No: SBA-2023-003385
                    Submitted: July 21, 2023
                    Agreement to Pay Processing Fees Exceeding $50.00

   Dear Information Officer:

          In response to the email received today, August 21, 2023, from OCA FOIA, stating that
   the amount of processing fees for FOIA Request No. SBA-2023-003385 are estimated to be
   $100.00, please consider this letter my formal agreement to pay any and all fees which are
   incurred in responding to the above FOIA request, over and above $50.00. Please invoice me for
   charges incurred.

          To expedite the release of the requested documents, please disclose them on an interim
   basis in electronic format as they become available to you, without waiting until all the
   documents have been processed. If you have any questions regarding my request, including
   scope, please contact me at manju.gupta@tuckerellis.com.

             Thank you for your assistance in this matter.

                                                              Sincerely,

                                                              TUCKER ELLIS LLP



                                                              Manju Gupta


   MG:rel




   6135799                                                                                                     tucker ellis.corn

             Case: 1:23-cv-01735-BMB Doc #: 28-11 Filed: 11/14/23 4 of 5. PageID #: 185


Gupta, Manju

From:                              Gupta, Manju
Sent:                              Monday, August 21, 2023 3:37 PM
To:                                OCA FOIA
Subject:                           RE: U.S. Small Business Administration (SBA) Response to Freedom of Information Act
                                   (FOIA) Request re: SBA-2023-003385


I agree to pay the processing fee of $100.

Thank you,
Manju


Manju Gupta I Attorney I Tucker Ellis LLP
950 Main Avenue Suite noo I Cleveland, OH 44113-7213
Direct: 216-696-5456 I Fax: 216-592-5009 I Mobile: 216-973-4453
Manju.Gupta@tuckerellis.com        Online biography
tuckerellis.com

This e-mail is sent by the law firm of Tucker Ellis LLP and may contain information that is privileged or confidential. If
you are not the intended recipient, please delete the e-mail and notify us immediately by return email.

From: OCA FOIA <OCAFOIA@sba.gov>
Sent: Monday, August 21, 2023 3:33 PM
To: Gupta, Manju <Manju.Gupta@tuckerellis.com>
Subject: U.S. Small Business Administration (SBA) Response to Freedom of Information Act (FOIA) Request re: SBA-2023-
003385

«< EXTERNAL EMAIL >»


Dear Manju Gupta,

We are writing today regarding your FOIA request, received in this office on May 8, 2023, and assigned case number
SBA-2023-003385. The estimated costs of processing your FOIA request exceed your current willingness to pay
$50.00. We estimate processing fees to total $100.00. Please note this fee estimate is subject to change depending on
the volume of responsive records.

Please reply to this correspondence by providing written assurance of your willingness to pay $100.00 no later than
September 18, 2023. Alternatively, you may do one of the following: 1) ask us to process your request up to the
amount you have previously agreed to pay ($50.00); 2) reduce the scope of your request to limit the amount of time
and/or duplication that would be required to process your request, such that processing fees do not exceed the amount
you have agreed to pay; or 3) withdraw your request. According to our regulations, if we do not receive your written
response within 20 business days from the date of this letter, we will consider you to no longer be interested in pursuing
your request, and we will close the case file in this office. See Standard Operating Procedure (SOP) 40 03 3, "Disclosure
of Information" (August 4, 2004)..

If you are not satisfied with this action, you may appeal this decision to the Chief, Freedom of Information/Privacy Acts
Office, U.S. Small Business Administration, 409 Third St., SW, Washington, DC 20416. You must submit an appeal within
90 calendar days of the date of the notice of denial. The appeal should contain a description of the information

                                                              1

            Case: 1:23-cv-01735-BMB Doc #: 28-11 Filed: 11/14/23 5 of 5. PageID #: 186

requested and denied, the name and title of the SBA official or employee who denied the request, the reason for the
denial, and any other facts you deem appropriate.

Please be advised that the 2007 FOIA amendments created the Office of Government Information Services (OGIS) to
offer mediation services to resolve disputes between FOIA requesters and Federal agencies as a non-exclusive
alternative to litigation. Using OGIS services does not affect your right to pursue litigation.

You may contact OGIS in any of the following ways:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road — OGIS
College Park, MD 20740-6001
E-mail: ogis@nara.gov
Telephone: 202-741-5770
Toll-free: 1-877-684-6448

Please note that using OGIS services does not affect the timing of filing an appeal with the SBA's FOI/PA Officer.

Sincerely,
Office of Capital Access




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SHA-256: 265cf48de468da10fce61f910fe6cb6daba4796d023410728351961d4ab411bc
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