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Case TitleCENTER FOR FOOD SAFETY v. UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02783
Date Filed2018-11-28
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning the Farm Service Agency's compliance with the National Environmental Policy Act and the actions it approves through its Environmental Screening Worksheets. The agency acknowledged receipt of the request, but after more than a year with no substantive response to the request, the Center for Food Safety filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFARM SERVICE AGENCY
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-281COMPLAINT against FARM SERVICE AGENCY ( Filing fee $ 400 receipt number 0090-5812738) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Attorney General, # 3 Summons for U.S. Attorney, # 4 Summons for Defendant)(Kimbrell, George) (Entered: 11/28/2018)
2018-11-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 11/28/2018)
2018-11-283MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kellan Smith, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Flr., San Francisco, CA 94111. Phone No. - 415-826-2770. Fax No. - 415-826-0507 Filing fee $ 100, receipt number 0090-5812809. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 11/28/2018)
2018-11-28Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 11/28/2018)
2018-11-29MINUTE ORDER granting the Motion for Leave to Appear Pro Hac Vice of Attorney Kellan Smith. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 11/29/2018. (lctnm1) (Entered: 11/29/2018)
2018-11-294STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/29/2018. (lctnm1) (Entered: 11/29/2018)
2018-11-295SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 11/29/2018)
2019-01-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTER FOR FOOD SAFETY served on 12/4/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/6/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 1/5/2019.) (Attachments: # 1 Exhibit)(Smith, Kellan) (Entered: 01/04/2019)
2019-01-047Unopposed MOTION to Stay in Light of Lapse in Appropriations by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY (Simon, Jeremy) (Entered: 01/04/2019)
2019-01-04MINUTE ORDER granting 7 Motion to Stay. Upon considering the Defendant's 7 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/4/2019. (lctnm1) (Entered: 01/04/2019)
2019-01-288NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY (Simon, Jeremy) (Entered: 01/28/2019)
2019-01-28MINUTE ORDER. The Court hereby lifts the stay in this case. The Parties are hereby ORDERED to meet and confer and then propose to the Court a deadline for the Defendant to answer or otherwise respond to Plaintiff's Complaint on or before February 7, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/28/19. (lctnm1) (Entered: 01/28/2019)
2019-01-28Set/Reset Deadlines: Parties' proposed deadline for the Defendant to respond to the Complaint due by 2/7/2019. (hmc) (Entered: 01/28/2019)
2019-02-069Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 02/06/2019)
2019-02-07MINUTE ORDER. The Defendant is hereby ORDERED to answer or otherwise respond to Plaintiff's Complaint on or before February 28, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/7/19. (lctnm1) (Entered: 02/07/2019)
2019-02-07Set/Reset Deadlines: Answer to the Complaint due by 2/28/2019. (tg) (Entered: 02/07/2019)
2019-02-1110NOTICE of Change of Address by George A. Kimbrell (Kimbrell, George) (Entered: 02/11/2019)
2019-02-2811ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY.(Simon, Jeremy) (Entered: 02/28/2019)
2019-02-28MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 11, 2019. Signed by Judge Trevor N. McFadden on 2/28/19. (lctnm1) (Entered: 02/28/2019)
2019-02-28Set/Reset Deadlines: Joint Status Report due by 3/11/2019. (hmc) (Entered: 02/28/2019)
2019-03-0712Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 03/07/2019)
2019-03-11MINUTE ORDER. The parties are hereby ORDERED to file a further Joint Status Report on or before April 29, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/11/19. (lctnm1) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Joint Status Report due by 4/29/2019. (hmc) (Entered: 03/11/2019)
2019-03-2213NOTICE to Withdraw as Attorney by CENTER FOR FOOD SAFETY (Smith, Kellan) Modified on 3/22/2019 to correct docket event/text (jf). (Entered: 03/22/2019)
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by FOIA Project Staff
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