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Case TitleHUMANE SOCIETY OF THE UNITED STATES v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv01683
Date Filed2010-10-04
Date Closed2012-09-21
JudgeJudge James E. Boasberg
PlaintiffHUMANE SOCIETY OF THE UNITED STATES
TERMINATED: 09/27/2011
PlaintiffCAROLYN JUREWICZ Plaintiff in 11-cv-707
PlaintiffHUNTE CORPORATION Plaintiff in 11-cv-707
PlaintiffMISSOURI PET BREEDERS ASSOCIATION Plaintiff in 11-cv-707
PlaintiffSHARON LAVY
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantHUMANE SOCIETY OF THE UNITED STATES From case 11-cv-707
AppealD.C. Circuit 12-5331
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [62]
FOIA Project Annotation: Judge James Boasberg has ruled that information about the number of dogs bought and sold by breeders and dealers as reported to the Animal and Plant Health Inspection Service annually is not protected by either Exemption 4 (confidential business information) or Exemption 6 (invasion of privacy). The Humane Society had requested the information concerning Missouri dog breeders and dealers. At first, APHIS decided that Block 8, which provides the number of dogs bought and sold and the gross revenue from dog sales for the previous year, should be withheld. However, the agency reconsidered its position and changed its mind, concluding that much of the relevant information was already public and that the information was stale for competitive purposes because it was from the previous year. The Missouri Pet Breeders Association and several individual breeders filed a reverse-FOIA suit challenging the agency's decision. The breeders asserted that there was no evidence that the fees paid by dealers are public. But Boasberg noted that "the facts, however, are directly to the contrary: even with the redactions that Plaintiffs seek, the Forms at issue in these very FOIA requests reveal the fee amount paid." The breeders also argued APHIS had not taken into consideration that the Humane Society was trying to run them out of business. But APHIS pointed out that "these comments have nothing to do with substantial competitive harm because they do not allege any injury that would 'flow from the affirmative use of proprietary information by competitors.'" Boasberg observed that "there would be competitive harm if competitors could complete the 'financial puzzle' by combining the Block 8 information with other pieces of information to determine how a dealer prices its dogs. Yet there is no indication there that competitors have those other puzzle pieces. So [APHIS] was not arbitrary and capricious in concluding on the facts of this case that crude price-per-dog estimates would not offer competitors much help." The breeders also insisted that the information was protected by Exemption 6. Finding that there was more than a de minimis privacy interest, Boasberg indicated that APHIS had identified several public interests in disclosure " whether the fees levied against breeders were reasonable and equitable, whether the agency's inspections were effective, and whether the agency was properly assessing licensing fees. The breeders argued that the Humane Society had made none of these claims in its request and that they were unrelated to the actual information contained in Block 8. Boasberg first noted that "when the agency itself provides a sufficient public interest, it makes no sense to reject that interest on the ground that it came from the agency's mouth." As to the relevance of the Block 8 information to the public interest, Boasberg pointed out that "although the Forms paint only a partial picture, that peek could still help the public assess the [agency]. The Forms disclose amounts that determine the license fee"that is, the dealer's revenue (for a breeder) and the dealer's revenue minus the amount paid for the dogs (for most other dealers). . .So just from the Forms, the public can check whether an initial payment by a dealer complies with the fee schedule. . . [APHIS] was not unreasonable in concluding that disclosure here will at least help the public evaluate whether it is properly assessing fees." Boasberg concluded that [APHIS] considered the private interests here fairly slight and the public interests more substantial. As [APHIS's] balancing was not arbitrary or capricious, the Court cannot find that Exemption 6 protects against disclosure." The case was decided under the caption Jurewicz v. Dept. of Agriculure after Carolyn Jurewicz and other Missouri dog breeders intervened to block disclosure.
Issues: Exemption 4 - Competitive harm, Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-10-041COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 350, receipt number 4616033170) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 10/04/2010)
2010-10-04SUMMONS (4) Issued as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 10/04/2010)
2010-10-042LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HUMANE SOCIETY OF THE UNITED STATES identifying Corporate Parent NONE for HUMANE SOCIETY OF THE UNITED STATES. (rdj) (Entered: 10/04/2010)
2010-10-223NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Whitaker, Claire) (Entered: 10/22/2010)
2010-11-104MOTION to Stay by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/10/2010)
2010-11-125Memorandum in opposition to re 4 MOTION to Stay filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Frostic, Anna) (Entered: 11/12/2010)
2010-11-156ERRATA to correct Proposed Order by HUMANE SOCIETY OF THE UNITED STATES 5 Memorandum in Opposition filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order Corrected Text of Proposed Order)(Frostic, Anna) (Entered: 11/15/2010)
2010-11-167REPLY to opposition to motion re 4 MOTION to Stay and agreed modified stay period recommendation of to 1/10/11 filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/16/2010)
2010-11-168RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed in a FOIA Case as to the U.S. Attorney for DC; HUMANE SOCIETY OF THE UNITED STATES served on 10/14/2010, answer due 11/15/2010 for U.S. Attorney. (Attachments: # 1 Exhibit Proof of Service)(Frostic, Anna) (Entered: 11/16/2010)
2010-11-169RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 9/14/2010., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 10/12/2010. (See Docket Entry 8 to view document). (znmw, ) Modified on 11/17/2010 (znmw, ). (Entered: 11/17/2010)
2011-01-0510Consent MOTION for Extension of Time to a stay in proceedings by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/05/2011)
2011-01-06MINUTE ORDER granting 10 the defendant's consent motion for a stay of proceedings in this case. It is hereby ordered that the defendant shall file an answer or other response on or before February 9, 2011. Additionally, 4 the defendant's previous motion to stay is denied as moot. SO ORDERED. Signed by Judge Ricardo M. Urbina on 1/6/11.(lcrmu1) (Entered: 01/06/2011)
2011-01-06Set/Reset Deadlines: Defendant's response due by 2/9/2011. (tg, ) (Entered: 01/06/2011)
2011-02-0911ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Whitaker, Claire) (Entered: 02/09/2011)
2011-02-1112STANDING ORDER signed by Judge Ricardo M. Urbina on 2/11/2011. Read the Standing Order carefully, it will govern this case. Failure to follow the Standing Order will result in sanctions. (tg, ) (Entered: 02/11/2011)
2011-02-28MINUTE ORDER. The court hereby ORDERS the parties to provide a joint status report by March 14, 2011 indicating the status of the case and the parties' joint proposal for how to proceed, including any controlling dates for dispositive motions. SO ORDERED. Signed by Judge Ricardo M. Urbina on 2/28/11.(lcrmu1) (Entered: 02/28/2011)
2011-02-28Set/Reset Deadlines: Joint Status Report due by 3/14/2011. (tg, ) (Entered: 02/28/2011)
2011-03-0313NOTICE of Appearance by Kimberly Denise Ockene on behalf of HUMANE SOCIETY OF THE UNITED STATES (Ockene, Kimberly) (Entered: 03/03/2011)
2011-03-1414STATUS REPORT and Motion to Extend Briefing Schedule by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/14/2011)
2011-03-1415Joint MOTION for Extension of Time to Set Briefing Schedule (see ECF #14 for text) by UNITED STATES DEPARTMENT OF AGRICULTURE (Whitaker, Claire) (Entered: 03/14/2011)
2011-03-15MINUTE ORDER. Upon consideration of the parties' joint status report and motion to extend time for briefing in this case, 15 , and for good cause shown, it is hereby ORDERED, that the motion to extend time is hereby granted. The parties have to and including April 14, 2011, to file a joint status report, and if necessary, to propose a briefing schedule in this case. SO ORDERED. Signed by Judge Ricardo M. Urbina on 3/15/11.(lcrmu1) (Entered: 03/15/2011)
2011-03-15Set/Reset Deadlines: Joint Status Report due by 4/14/2011. (tg, ) (Entered: 03/15/2011)
2011-03-30Case Randomly Reassigned to U.S. District Judge James E. Boasberg. Judge Ricardo M. Urbina no longer assigned to the case. (jeb, ) (Entered: 03/30/2011)
2011-04-1416STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Frostic, Anna) (Entered: 04/14/2011)
2011-05-1617STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Frostic, Anna) (Entered: 05/16/2011)
2011-05-16MINUTE ORDER directing Parties to file a joint status report on or before June 23, 2011. Signed by Judge James E. Boasberg on 5/16/2011. (lcjeb2) (Entered: 05/16/2011)
2011-05-16Set/Reset Deadlines: Joint Status Report due by 6/23/2011. (ad) (Entered: 05/16/2011)
2011-06-2318STATUS REPORT and Motion for Further Order by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/23/2011)
2011-06-23MINUTE ORDER: Parties shall agree on the terms of a motion to consolidate this case with Jurewicz, et al., v. U.S. Dept of Agriculture, 11-cv-00707, or file another status report by July 25, 2011. Signed by Judge James E. Boasberg on 06/23/2011. (lcjeb2) (Entered: 06/23/2011)
2011-06-24Set/Reset Deadlines: Status Report due by 7/25/2011. (ad) (Entered: 06/24/2011)
2011-07-2519STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Frostic, Anna) (Entered: 07/25/2011)
2011-08-01MINUTE ORDER: It is hereby ORDERED that 11cv707 and 10cv1683 are consolidated. The Clerk's Office shall close 11cv707 and transfer whichever parties are not the same to 10cv1683; the parties shall file all filings only in 10cv1683 and shall NOT elect to spread text when filing on ECF, as this will result in repetitive docketing. FURTHER ORDERED that parties should submit a joint proposed briefing schedule by August 10, 2011. Signed by Judge James E. Boasberg on 08/01/2011. (lcjeb2, ) (Entered: 08/01/2011)
2011-08-01Set/Reset Deadlines: All parties should submit a joint proposed briefing schedule by 8/10/2011. (ad) (Entered: 08/02/2011)
2011-08-1020NOTICE of Proposed Order Defendant's Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF AGRICULTURE (Whitaker, Claire) (Entered: 08/10/2011)
2011-08-1021NOTICE of Proposed Order Setting Briefing Schedule by HUMANE SOCIETY OF THE UNITED STATES, HUMANE SOCIETY OF THE UNITED STATES, HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION (Kasdan, Ira) (Entered: 08/10/2011)
2011-08-1122MEMORANDUM re 21 Notice of Proposed Order filed by MISSOURI PET BREEDERS ASSOCIATION, HUNTE CORPORATION, HUMANE SOCIETY OF THE UNITED STATES, CAROLYN JUREWICZ by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kasdan, Ira) (Entered: 08/11/2011)
2011-08-1523RESPONSE re Proposed Scheduling Order (ECF # 20] and in opposition to Plaintiff's & Intervenor's Proposed Scheduling Order (ECF # 21) by UNITED STATES DEPARTMENT OF AGRICULTURE re 21 Notice of Proposed Order, 20 Notice of Proposed Order (Whitaker, Claire) Modified on 8/16/2011 to correct docket text (jf, ). (Entered: 08/15/2011)
2011-08-1824REPLY re 23 Notice (Other), Notice (Other) Plaintiffs' Reply Memorandum in Support of Entry of Proposed Breifing Schedule Submitted by Plaintiffs and Intervenor Defendant HSUS filed by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION. (Kasdan, Ira) (Entered: 08/18/2011)
2011-08-25MINUTE ORDER: A Status Conference is set for September 7, 2011, at 10:15 a.m. before Judge Boasberg in Courtroom 19. Signed by Judge James E. Boasberg on 08/25/2011. (lcjeb2) (Entered: 08/25/2011)
2011-08-25Set/Reset Hearings: A Status Conference is scheduled for 9/7/2011 at 10:15 AM in Courtroom 19 before Judge James E. Boasberg. (tg, ) (Entered: 08/25/2011)
2011-08-2925Consent MOTION to Continue September 7 Status Conference to September 9, 2011, at 2 pm by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)Associated Cases: 1:10-cv-01683-JEB, 1:11-cv-00707-JEB(Whitaker, Claire) (Entered: 08/29/2011)
2011-08-29MINUTE ORDER GRANTING 25 Motion to Continue. The Status Conference previously scheduled for September 7, 2011, has been rescheduled for September 9, 2011, at 2pm in Courtroom 19. Signed by Judge James E. Boasberg on 08/29/2011. (lcjeb2) (Entered: 08/29/2011)
2011-08-29Set/Reset Hearings: Status Conference RESCHEDULED for 9/9/2011 at 2:00 PM in Courtroom 19 before Judge James E. Boasberg. (tg, ) (Entered: 08/30/2011)
2011-09-0126MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron D. Green, :Firm- The Humane Society of the United States, :Address- 2100 L St. NW Washington, D.C. 20037. Phone No. - 202-676-2334. Fax No. - 202-676-2357 by HUMANE SOCIETY OF THE UNITED STATES, HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Declaration)(Frostic, Anna) (Entered: 09/01/2011)
2011-09-02MINUTE ORDER GRANTING 26 Motion for Leave for Aaron D. Green to Appear Pro Hac Vice. Signed by Judge James E. Boasberg on 09/02/2011. (lcjeb2) (Entered: 09/02/2011)
2011-09-0627MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen R. Freeland , :Firm- Kelley Drye & Warren, LLP, :Address- 3050 K Street, N.W., Suite 400, Washington, D.C. 20007. Phone No. - 202-342-8635. Fax No. - 202-342-8451 by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION (Attachments: # 1 Declaration, # 2 Text of Proposed Order)Associated Cases: 1:10-cv-01683-JEB, 1:11-cv-00707-JEB(Kasdan, Ira) Modified to add correct name of counsel to be admitted Pro Hac on 9/7/2011 (td, ). (Entered: 09/06/2011)
2011-09-07MINUTE ORDER granting 27 Motion for Admission Pro Hac Vice of Stephen R. Freeland. Signed by Judge James E. Boasberg on 9/7/2011. (lcjeb3) (Entered: 09/07/2011)
2011-09-09Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/9/2011. A Status Conference is set for 10/11/2011 at 10:15 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) (Entered: 09/09/2011)
2011-09-09MINUTE ORDER: As agreed upon during today's status hearing, the Court ORDERS that: 1) Any party may move to amend its pleadings on or before September 26, 2011; 2) The parties shall file a Joint Status Report by October 6, 2011 which sets forth a) whether all issues regarding the administrative record have been resolved or, if not, what issues remain and how each party proposes to resolve them, and b) if the issues are resolved, a proposed briefing schedule with Plaintiffs being the first to file; and 3) A further status will be held on October 11, 2011, at 10:15 a.m. Signed by Judge James E. Boasberg on 9/9/2011. (lcjeb3) Modified on 9/9/2011 (ad). (Entered: 09/09/2011)
2011-09-09Set/Reset Deadlines: Any party may move to amend its pleadings on or before 9/26/2011; Parties Joint Status Report is due by 10/06/2011. (ad) (Entered: 09/09/2011)
2011-09-2628MOTION for Leave to File Amended Complaint by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION (Attachments: # 1 Exhibit A (Amended Complaint), # 2 Text of Proposed Order)(Kasdan, Ira) (Entered: 09/26/2011)
2011-09-27MINUTE ORDER: Plaintiff's 28 Motion for Leave to File Amended Complaint is GRANTED, and the Amended Complaint is deemed FILED. Signed by Judge James E. Boasberg on 09/27/2011. (lcjeb3) (Entered: 09/27/2011)
2011-09-2729AMENDED COMPLAINT against HUMANE SOCIETY OF THE UNITED STATES, UNITED STATES DEPARTMENT OF AGRICULTURE filed by HUNTE CORPORATION, HUMANE SOCIETY OF THE UNITED STATES, MISSOURI PET BREEDERS ASSOCIATION, CAROLYN JUREWICZ.(td, ) (Entered: 09/28/2011)
2011-09-2830Joint MOTION to Continue Due Date for Filing A Joint Status Report and Status Conference by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Kasdan, Ira) (Entered: 09/28/2011)
2011-09-29MINUTE ORDER granting 30 Motion to Continue. The parties shall file a Joint Status Report on or before October 19, 2011 and an Initial Scheduling Conference is set for October 25, 2011 at 10:45 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 09/29/2011. (lcjeb3) (Entered: 09/29/2011)
2011-09-29Set/Reset Deadlines/Hearings: Joint Status Report due by 10/19/2011. Initial Status Conference RESCHEDULED for 10/25/2011 at 10:45 AM in Courtroom 19 before Judge James E. Boasberg. (tg, ) (Entered: 09/29/2011)
2011-09-3031ANSWER to 29 Amended Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE. Related document: 29 Amended Complaint filed by MISSOURI PET BREEDERS ASSOCIATION, HUNTE CORPORATION, HUMANE SOCIETY OF THE UNITED STATES, CAROLYN JUREWICZ.(Whitaker, Claire) (Entered: 09/30/2011)
2011-10-0332ANSWER to 29 Amended Complaint by HUMANE SOCIETY OF THE UNITED STATES. Related document: 29 Amended Complaint filed by MISSOURI PET BREEDERS ASSOCIATION, HUNTE CORPORATION, HUMANE SOCIETY OF THE UNITED STATES, CAROLYN JUREWICZ.(Frostic, Anna) (Entered: 10/03/2011)
2011-10-1933Joint MOTION to Continue Due Date to File Joint Status Report and Status Conference by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Kasdan, Ira) (Entered: 10/19/2011)
2011-10-19MINUTE ORDER granting 33 Motion to Continue. The parties shall file a joint status report on or before October 31, 2011, and the status conference currently set for October 25, 2011 at 10:45 a.m. is rescheduled for November 4, 2011 at 10:00 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 10/19/2011. (lcjeb3) (Entered: 10/19/2011)
2011-10-20Set/Reset Deadlines/Hearings: Parties shall file a Joint Status Report on or before 10/31/2011. The Status Conference scheduled for 10/25/2011 at 10:45 A.M is RESCHEDULED for 11/04/2011 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 10/20/2011)
2011-11-0234MOTION to Remand to United States Department of Agriculture (Motion for Voluntary Remand) by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 11/02/2011)
2011-11-0235STATUS REPORT and Opposed Motion to Vacate Nov. 4 Status Conference by HUMANE SOCIETY OF THE UNITED STATES. (Frostic, Anna) (Entered: 11/02/2011)
2011-11-03MINUTE ORDER: The 35 Motion to Vacate Nov. 4 Status Conference is DENIED. The Court believes that it would be beneficial to hold a status. Signed by Judge James E. Boasberg on 11/3/2011. (lcjeb3) (Entered: 11/03/2011)
2011-11-04Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 11/4/2011. (Court Reporter Lisa Griffith) (ad) (Entered: 11/04/2011)
2011-11-04MINUTE ORDER: The Humane Society shall file an opposition to 34 Motion to Remand on or before November 10, 2011. Any replies to Humane Society's Opposition shall be filed no later than November 17, 2011. Signed by Judge James E. Boasberg on 11/4/2011. (lcjeb3) (Entered: 11/04/2011)
2011-11-04Set/Reset Deadlines: The Humane Society shall file an opposition to 34 Motion to Remand on or before 11/10/2011; Any replies to Humane Society's Opposition shall be filed no later than 11/17/2011. (ad) (Entered: 11/04/2011)
2011-11-1036Memorandum in opposition to re 34 MOTION to Remand to United States Department of Agriculture (Motion for Voluntary Remand) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Green, Aaron) (Entered: 11/10/2011)
2011-11-1737REPLY to opposition to motion re 34 MOTION to Remand to United States Department of Agriculture (Motion for Voluntary Remand) filed by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Kasdan, Ira) (Entered: 11/17/2011)
2011-11-1738REPLY to opposition to motion re 34 MOTION to Remand to United States Department of Agriculture (Motion for Voluntary Remand) filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 11/17/2011)
2011-11-22MINUTE ORDER: In lieu of the conference call that chambers had mentioned to the parties, the Court ORDERS that the Humane Society submit a pleading, not to exceed three pages, responding to how the Government's proposed revisions in its Reply [ECF No. 38] affect the Humane Society's position regarding remand. Signed by Judge James E. Boasberg on 11/22/2011. (lcjeb3) (Entered: 11/22/2011)
2011-11-2839TRANSCRIPT OF PROCEEDINGS before Judge James E. Boasberg held on 11-4-11; Page Numbers: 15. Date of Issuance:11-28-11. Court Reporter/Transcriber Lisa Griffith, Telephone number (202) 354-3247, Court Reporter Email Address : Lisa_Griffith@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 12/19/2011. Redacted Transcript Deadline set for 12/29/2011. Release of Transcript Restriction set for 2/26/2012.(Griffith, Lisa) (Entered: 11/28/2011)
2011-11-3040RESPONSE TO ORDER OF THE COURT re 34 Motion to Remand, Order, Response to USDA's Reply in Support of its Motion filed by HUMANE SOCIETY OF THE UNITED STATES. (Green, Aaron) Modified to add link on 12/1/2011 (znmw, ). (Entered: 11/30/2011)
2011-12-06MINUTE ORDER: On the Court's own motion, a conference call is hereby set for Friday, 12/9/2011, at 10:30 am to discuss matters surrounding remand. The Court ORDERS that the parties shall jointly call Chambers at 202.354.3300 at this time. Signed by Judge James E. Boasberg on 12/6/2011. (lcjeb3) (Entered: 12/06/2011)
2011-12-09MINUTE ORDER: Defendant Department of Agriculture filed a 34 Motion to Remand on Nov. 2, 2011. As agreed by all parties in today's conference call, the Court hereby ORDERS that: 1) The 34 Motion to Remand is GRANTED and the case is REMANDED to the Dept. of Agriculture for the further proceedings described in the remainder of this Order; 2) On or before Dec. 19, USDA must issue its letter to Plaintiff licensees, having obtained a formal statement from AKC and having given Plaintiffs' counsel 24 hours to review the letter prior to its issuance; 3) Licensees will have 30 days from issuance of the letter to respond; 4) USDA must issue a determination within 30 days of the response deadline mentioned in (3); and 5) Parties will have one week after issuance of such determination to formally contest it. Signed by Judge James E. Boasberg on 12/9/2011. (lcjeb3) (Entered: 12/09/2011)
2011-12-09Set/Reset Deadlines: USDA's issuance of a letter to Plaintiff licensees due by 12/19/2011. USDA shall obtain a formal statement from AKC and shall give Plaintiffs' counsel 24 hours to review the letter prior to its issuance. (tg, ) (Entered: 12/09/2011)
2011-12-1241NOTICE of Objection to Remand Order by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION re Order on Motion to Remand to Agency,,, (Kasdan, Ira) (Entered: 12/12/2011)
2012-02-2442ENTERED IN ERROR. . . .RESPONSE TO ORDER OF THE COURT re Order on Motion to Remand to Agency,,, SECOND AMENDED COMPLAINT filed by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C-1, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Kasdan, Ira) Modified on 2/27/2012 (td, ). (Entered: 02/24/2012)
2012-02-2743Second AMENDED COMPLAINT against HUMANE SOCIETY OF THE UNITED STATES, UNITED STATES DEPARTMENT OF AGRICULTURE filed by HUNTE CORPORATION, MISSOURI PET BREEDERS ASSOCIATION, CAROLYN JUREWICZ, SHARON LAVY.(td, ) (Entered: 02/27/2012)
2012-02-27NOTICE OF ERROR re 42 Response to Order of the Court; emailed to ikasdan@kelleydrye.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Amended Complaints should not be filed electronically. Send to dcd_cmecf@dcd.uscourts.gov. (td, ) (Entered: 02/27/2012)
2012-03-0844ANSWER to 43 Amended Complaint ((Second) by UNITED STATES DEPARTMENT OF AGRICULTURE. Related document: 43 Amended Complaint filed by MISSOURI PET BREEDERS ASSOCIATION, SHARON LAVY, HUNTE CORPORATION, CAROLYN JUREWICZ.(Whitaker, Claire) (Entered: 03/08/2012)
2012-03-0945ANSWER to 43 Amended Complaint by HUMANE SOCIETY OF THE UNITED STATES. Related document: 43 Amended Complaint filed by MISSOURI PET BREEDERS ASSOCIATION, SHARON LAVY, HUNTE CORPORATION, CAROLYN JUREWICZ.(Green, Aaron) (Entered: 03/09/2012)
2012-04-11MINUTE ORDER: The parties shall appear for a status hearing at 9:45 a.m. on April 24, 2012, in Courtroom 19. Signed by Judge James E. Boasberg on 4/11/2012. (lcjeb3) (Entered: 04/11/2012)
2012-04-12Set/Reset Hearing: A Status Conference is set for 4/24/2012 at 09:45 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 04/12/2012)
2012-04-24MINUTE ORDER: A status conference is set for 5/8/2012 at 10:00 a.m. in Courtroom 19. If the parties submit a joint proposed briefing schedule beforehand, the Court will vacate the status conference. Signed by Judge James E. Boasberg on 4/24/2012. (lcjeb3) (Entered: 04/24/2012)
2012-04-24Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 4/24/2012. A Status Conference is set for 5/08/2012 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) (Entered: 04/24/2012)
2012-05-0746NOTICE of Proposed Order Setting Briefing Schedule by HUMANE SOCIETY OF THE UNITED STATES (Green, Aaron) (Entered: 05/07/2012)
2012-05-07MINUTE ORDER: Consistent with parties' 46 Proposed Briefing Schedule, the Court ORDERS that 1) USDA shall file the certified administrative recordby May 11, 2012; 2) Plaintiffs shall file their dispositive motion by June 11, 2012; 3) USDA and HSUS shall file their opposition and any dispositive cross-motion by July 10, 2012; 4) Plaintiffs shall file their reply and any opposition by July 31, 2012; and 5) USDA and HSUS shall file their reply on or before August 14, 2012. In addition, the Court ORDERS that the Status Conference previously set for May 8, 2012, is VACATED. Signed by Judge James E. Boasberg on 5/7/2012. (lcjeb2, ) (Entered: 05/07/2012)
2012-05-07Set/Reset Deadlines: USDA shall file the certified administrative record by 5/11/2012; Plaintiffs shall file their dispositive motion by 6/11/2012; USDA and HSUS shall file their opposition and any dispositive cross-motion by 7/10/2012; Plaintiffs shall file their reply and any opposition by 7/31/2012; and USDA and HSUS shall file their reply on or before 8/14/2012. (ad) (Entered: 05/07/2012)
2012-05-1147ADMINISTRATIVE RECORD by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 05/11/2012)
2012-06-1148MOTION for Summary Judgment by HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Statement of Facts)(Kasdan, Ira) (Entered: 06/11/2012)
2012-07-1049Memorandum in opposition to re 48 MOTION for Summary Judgment and Cross-Motion for Summary Judgment filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Green, Aaron) (Entered: 07/10/2012)
2012-07-1050Cross MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Ex. A Statement of Facts found in Administrative Record, # 2 Ex. B Administrative Record cites appearing in Defendant's brief, # 3 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/10/2012)
2012-07-1051Memorandum in opposition to re 48 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 07/10/2012)
2012-07-1052Cross MOTION for Summary Judgment by HUMANE SOCIETY OF THE UNITED STATES. (See Docket Entry 49 to view document. Counsel is reminded to file the motion as a separate docket entry in future). (znmw, ) (Entered: 07/11/2012)
2012-07-1853MOTION for Leave to File Excess Pages by HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION (Attachments: # 1 Text of Proposed Order)(Kasdan, Ira) (Entered: 07/18/2012)
2012-07-18MINUTE ORDER granting 53 Unopposed Motion for Leave to File Excess Pages: Plaintiffs shall be permitted to file one brief not to exceed 50 pages. Signed by Judge James E. Boasberg on 7/18/2012. (lcjeb3) (Entered: 07/18/2012)
2012-07-3154NOTICE of Appearance by Elizabeth C. Johnson on behalf of HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION, HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION Associated Cases: 1:10-cv-01683-JEB, 1:11-cv-00707-JEB(Johnson, Elizabeth) (Entered: 07/31/2012)
2012-07-3155REPLY to opposition to motion re (50 in 1:10-cv-01683-JEB) Cross MOTION for Summary Judgment , (52 in 1:10-cv-01683-JEB) MOTION for Summary Judgment filed by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION, HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)Associated Cases: 1:10-cv-01683-JEB, 1:11-cv-00707-JEB(Kasdan, Ira) (Entered: 07/31/2012)
2012-07-3156NOTICE of Filing by HUNTE CORPORATION, CAROLYN JUREWICZ, MISSOURI PET BREEDERS ASSOCIATION, HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION re (16 in 1:11-cv-00707-JEB) Reply to opposition to Motion, Associated Cases: 1:10-cv-01683-JEB, 1:11-cv-00707-JEB(Kasdan, Ira); Exhibits (CD's containing D and G filed in the Clerk's Office); EXHIBIT B (SEALED in vault) Modified on 8/1/2012 (td, ). (Entered: 07/31/2012)
2012-07-3157REPLY in support re 48 MOTION for Summary Judgment filed by HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION; (See docket entry no. 55 to view document) (td, ) (Entered: 08/01/2012)
2012-08-1458REPLY to opposition to motion re 50 Cross MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 08/14/2012)
2012-08-1459REPLY to opposition to motion re 52 MOTION for Summary Judgment filed by HUMANE SOCIETY OF THE UNITED STATES. (Frostic, Anna) (Entered: 08/14/2012)
2012-08-2960NOTICE of Filing of Appendix of re 47 Administrative Record Cites by HUNTE CORPORATION, CAROLYN JUREWICZ, SHARON LAVY, MISSOURI PET BREEDERS ASSOCIATION (Kasdan, Ira) Modified on 8/30/2012 (jf, ). (Entered: 08/29/2012)
2012-09-2061ORDER denying 48 Plaintiffs' Motion for Summary Judgment, granting 50 Defendant's Motion for Summary Judgment, and granting 52 Defendant-Intervenor's Motion for Summary Judgment. Judgment is ENTERED in favor of Defendant and Defendant-Intervenor. Signed by Judge James E. Boasberg on 9/20/2012. (jeb, ) (Entered: 09/20/2012)
2012-09-2062MEMORANDUM OPINION to 61 Order. Signed by Judge James E. Boasberg on 9/20/2012. (lcjeb2) (Entered: 09/20/2012)
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