Case Detail

FOIA Project Annotation: A federal court in California has ruled that the term "individual" in the expedited processing provisions does not include animals. The Animal Legal Defense Fund filed a request with the Animal and Plant Health Inspection Service for records about the results of an inspection of Tony the Tiger, a Siberian-Bengal Tiger kept in captivity at a gas station in Iberville Parish, Louisiana, for violations of the Animal Welfare Act. ALDF also asked for expedited processing, arguing that failure to obtain records on an expedited basis "could reasonably be expected to pose an imminent threat to the life or physical safety of an individual." APHIS denied ALDF's request for expedited processing, telling the organization that "Tony the Tiger is not considered an 'individual' under the FOIA because "the term 'individual' in this matter only encompasses human beings." ADLF filed suit, arguing that the definition of individual applied to discrete definable groups and was not limited to human beings. APHIS argued the court did not have jurisdiction to hear the claim. Judge Phyllis Hamilton disagreed, finding ADLF had stated a policy or practice claim. She noted that "here, plaintiff alleged that defendants failed to properly expedite a records request based on a consistent, repeatable legal position that defendants have asserted; plaintiff sought a declaration from the court that the statute applies to nonhuman animals; and plaintiff sought a permanent injunction requiring defendants to apply the statute to nonhuman animals in all cases â€" not just to Tony. The court finds that plaintiff sufficiently pled a policy or practice claim under Rule 8 [of the Federal Rules of Civil Procedure]." Hamilton observed that "the exercise of the court's equitable power in this situation does not lead it to review a denial of a request to expedite â€" which might be cured more expeditiously by an agency's tardy production than by a court's review â€" but instead provides primarily prospective declaratory or injunctive relief based on an agency's past practice and, importantly, its likely future practices." Having found ADLF's suit should not be dismissed for lack of jurisdiction, Hamilton then concluded ADLF was wrong on the merits. She pointed out that "every dictionary consulted by this court includes a definition of 'individual' as a person or human being. . .That ordinary common meaning fits naturally with a plain reading of the statute: a request for records is expedited in the face of an imminent threat to the life or physical safety of a human being." A second definition of "individual" described the word as referring to a group of beings or things. Rejecting the applicability of the second definition, Hamilton pointed out that "the statute explicitly concerns individuals whose lives or physical safety could face imminent threat, so a definition of 'individual' that applies equally to beings without 'lives' capable of facing threats would be an awkward fit within the overall statutory text." Hamilton observed that "the plain meaning of Section 552(a)(6)(E)(v)(1) has potentially unforeseen and troubling consequences. Because defendants are administrative bodies with responsibilities primarily relating to nonhuman animals, Congress may have nearly excused them from the FOIA's expedited review requirement without specifically intending to do so. The proper solution, if any, is for Congress to alter the statute's text â€" not for this court to do so."
Issues: Expedited processing - Compelling Need

Date Filed	Doc #	Docket Text
2017-07-11	1	COMPLAINT against Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA") ( Filing fee $ 400, receipt number 0971-11535308.). Filed byAnimal Legal Defense Fund. (Attachments: # 1 Exhibit A-D, # 2 Civil Cover Sheet)(Liebman, Matthew) (Filed on 7/11/2017) (Entered: 07/11/2017)
2017-07-11	2	Proposed Summons. (Liebman, Matthew) (Filed on 7/11/2017) (Entered: 07/11/2017)
2017-07-11	3	Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/25/2017. (bwS, COURT STAFF) (Filed on 7/11/2017) (Entered: 07/11/2017)
2017-07-12	4	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/3/2017. Initial Case Management Conference set for 10/10/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (jmlS, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-12	5	Summons Issued as to Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"), U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-12	6	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11540161.) filed by Animal Legal Defense Fund. (Hanneken, Sarah) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-12	7	ORDER by Judge Kandis A. Westmore granting 6 Motion for Pro Hac Vice re Sarah Kathryn Hanneken. (kawlc2, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-18	8	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11553548.) filed by Animal Legal Defense Fund. (Attachments: # 1 Exhibit Certificate of Good Standing)(Eliseuson, Anthony) (Filed on 7/18/2017) (Entered: 07/18/2017)
2017-07-18	9	ORDER by Judge Kandis A. Westmore granting 8 Motion for Pro Hac Vice re Anthony T. Eliseuson. (kawlc2, COURT STAFF) (Filed on 7/18/2017) (Entered: 07/18/2017)
2017-07-24	10	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Animal Legal Defense Fund.. (Hanneken, Sarah) (Filed on 7/24/2017) (Entered: 07/24/2017)
2017-07-25	11	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-25	12	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by Executive Committee on 7/25/2017. (jmlS, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-25	13	ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/5/2017. Initial Case Management Conference set for 10/12/2017 at 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 7/25/17. (kcS, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-25	14	CERTIFICATE OF SERVICE by Animal Legal Defense Fund re 5 Summons Issued as to USA, 4 Initial Case Management Scheduling Order with ADR Deadlines, 3 Case Assigned by Intake,,, 1 Complaint, 2 Proposed Summons (Hanneken, Sarah) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-28	15	Certificate of Interested Entities by Animal Legal Defense Fund (Hanneken, Sarah) (Filed on 7/28/2017) (Entered: 07/28/2017)
2017-08-10	16	NOTICE of Appearance by Daniel Halainen (Halainen, Daniel) (Filed on 8/10/2017) (Entered: 08/10/2017)
2017-08-10	17	ANSWER to Complaint byAnimal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). (Halainen, Daniel) (Filed on 8/10/2017) (Entered: 08/10/2017)
2017-08-18	18	NOTICE of Appearance of Counsel by Animal Legal Defense Fund. (Okun, Justin) (Filed on 8/18/2017) Modified on 8/21/2017 (cjlS, COURT STAFF). (Entered: 08/18/2017)
2017-09-19	19	STIPULATION WITH [PROPOSED] ORDER Seeking Administrative Relief from ADR Assignment filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"), Animal Legal Defense Fund. (Attachments: # 1 Proposed Order)(Halainen, Daniel) (Filed on 9/19/2017) Modified on 9/20/2017 (cjlS, COURT STAFF). (Entered: 09/19/2017)
2017-09-20	20	ORDER by Hon. Phyllis J. Hamilton granting 19 Stipulation Seeking Administrative Relief from ADR Assignment. (kcS, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)
2017-10-05	21	JOINT CASE MANAGEMENT STATEMENT filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"), Animal Legal Defense Fund. (Halainen, Daniel) (Filed on 10/5/2017) Modified on 10/6/2017 (cjlS, COURT STAFF). (Entered: 10/05/2017)
2017-10-05	22	Joint MOTION to Appear by Telephone in Case Management Conference filed by Animal Legal Defense Fund, Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). (Attachments: # 1 Proposed Order)(Okun, Justin) (Filed on 10/5/2017) Modified on 10/6/2017 (cjlS, COURT STAFF). (Entered: 10/05/2017)
2017-10-06	23	ORDER SCHEDULING TELEPHONIC CASE MANAGEMENT CONFERENCE by Judge Phyllis J. Hamilton granting 22 Motion to Appear by Telephone. Case Management Conference set for 10/12/2017 01:30 PM. (napS, COURT STAFF) (Filed on 10/6/2017) (Entered: 10/06/2017)
2017-10-12	24	Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 10/12/2017. Motion for Summary Judgment due by 12/6/2017. Opposition/Cross Motion due by 1/10/2018. Reply/Opposition due by 2/7/2018. Reply due by 3/7/18. Motion Hearing set for 3/28/2018 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Judge Phyllis J. Hamilton. Court Reporter: Not Reported. (dtmS, COURT STAFF) (Date Filed: 10/12/2017) (Entered: 10/13/2017)
2017-12-06	25	MOTION for Summary Judgment filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). Motion Hearing set for 3/28/2018 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Judge Phyllis J. Hamilton. Responses due by 1/10/2018. Replies due by 2/7/2018. (Attachments: # 1 Declaration of LaRima Coleman, # 2 Declaration of Daniel Halainen, # 3 Proposed Order)(Halainen, Daniel) (Filed on 12/6/2017) (Entered: 12/06/2017)
2018-01-10	26	Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Animal Legal Defense Fund. Motion Hearing set for 3/28/2018 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Judge Phyllis J. Hamilton. Responses due by 1/24/2018. Replies due by 1/31/2018. (Attachments: # 1 Proposed Order)(Okun, Justin) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-10	27	Declaration of Sarah Hanneken in Support of 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed byAnimal Legal Defense Fund. (Related document(s) 26 ) (Okun, Justin) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-10	28	Declaration of Justin Okun in Support of 27 Declaration in Support, 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed byAnimal Legal Defense Fund. (Related document(s) 27 , 26 ) (Okun, Justin) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-10		Set/Reset Deadlines as to 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . Responses due by 2/7/2018. Replies due by 3/7/2018. (kcS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/11/2018)
2018-02-07	29	REPLY (re 25 MOTION for Summary Judgment ) and Opposition/Response (re 26 Plaintiff's Cross-Motion for Summary Judgment) filed byAnimal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). (Halainen, Daniel) (Filed on 2/7/2018) (Entered: 02/07/2018)
2018-03-07	30	REPLY in Support of 26 Cross MOTION for Summary Judgment filed by Animal Legal Defense Fund. (Attachments: # 1 Declaration of Sarah Hanneken, # 2 Declaration of Justin Okun)(Okun, Justin) (Filed on 3/7/2018) Modified on 3/8/2018 (cjlS, COURT STAFF). (Entered: 03/07/2018)
2018-03-28	31	Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 2/28/2018 re 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Animal Legal Defense Fund, 25 MOTION for Summary Judgment filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). Court Reporter: Raynee Mercado. (kcS, COURT STAFF) (Date Filed: 3/28/2018) (Entered: 03/29/2018)
2018-04-05	32	MOTION to Withdraw as Attorney For Plaintiff filed by Animal Legal Defense Fund. Responses due by 4/19/2018. Replies due by 4/26/2018. (Attachments: # 1 Proposed Order)(Okun, Justin) (Filed on 4/5/2018) (Entered: 04/05/2018)
2018-04-06	33	ORDER GRANTING PERMISSION TO WITHDRAW AS COUNSEL FOR PLAINTIFF by Judge Phyllis J. Hamilton granting 32 Motion to Withdraw as Attorney. (kcS, COURT STAFF) (Filed on 4/6/2018) (Entered: 04/06/2018)
2018-05-25	34	ORDER by Judge Phyllis J. Hamilton granting 25 defendants' Motion for Summary Judgment; denying 26 plaintiff's Motion for Summary Judgment. (pjhlc1, COURT STAFF) (Filed on 5/25/2018) (Entered: 05/25/2018)
2018-05-25	35	JUDGMENT. Signed by Judge Phyllis J. Hamilton on 5/25/2018. (pjhlc1, COURT STAFF) (Filed on 5/25/2018) (Entered: 05/25/2018)
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