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Case TitleMCCLARY et al v. USDA
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00994
Date Filed2014-06-10
Date Closed2015-06-11
JudgeJudge James E. Boasberg
PlaintiffROBIN C. MCCLARY
PlaintiffCITIZENS FOR THE PRESERVATION OF WILDLIFE, INC.
PlaintiffFRIENDS OF ANIMALS
Case DescriptionRobin McClary submitted a FOIA request to the Animal and Plant Health Inspection Service at the Department of Agriculture for records concerning the killing of Canadian Geese in Virginia. Citizens for the Preservation of Wildlife made a request to APHIS for records concerning any public participation processes pertaining to the management of Canadian Geese in Virginia. Friends of Animals made a request for a 2013 decision finding no significant impact for mammal damage management in Wisconsin. The agency provided a partial response to McClary's request and to the request from Friends of Animals, but had provided no response to the request submitted by Citizens for the Preservation of Wildlife. McClary and the two organizations filed suit against the agency.
Complaint issues: Failure to respond within statutory time limit

DefendantUSDA
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-06-101COMPLAINT against USDA ( Filing fee $ 400 receipt number 0090-3742974) filed by FRIENDS OF ANIMALS, Citizens for the Preservation of Wildlife, Inc., Robin C McClary. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit McClary FOIA request, # 4 Exhibit Citizens for the Preservation of Wildlife, Inc. FOIA request, # 5 Exhibit Friends of Animals FOIA request, # 6 Exhibit partial response)(Harris, Michael) (Entered: 06/10/2014)
2014-06-10Case Assigned to Judge James E. Boasberg. (sth, ) (Entered: 06/11/2014)
2014-06-112SUMMONS (3) Issued Electronically as to USDA, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 06/11/2014)
2014-07-103NOTICE of Appearance by Andrea McBarnette on behalf of All Defendants (McBarnette, Andrea) (Entered: 07/10/2014)
2014-07-104RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/17/2014. Answer due for ALL FEDERAL DEFENDANTS by 7/17/2014. (Attachments: # 1 Exhibit Return Receipt)(Harris, Michael) (Entered: 07/10/2014)
2014-07-105RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/17/2014. (Attachments: # 1 Exhibit Return Receipt)(Harris, Michael) (Entered: 07/10/2014)
2014-07-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. USDA served on 6/23/2014 (Attachments: # 1 Exhibit Return Receipt)(Harris, Michael) (Entered: 07/10/2014)
2014-07-177ANSWER to Complaint by USDA.(McBarnette, Andrea) (Entered: 07/17/2014)
2014-07-178ORDER directing parties to file a joint proposed briefing schedule on or before July 31, 2014. Signed by Judge James E. Boasberg on 7/17/2014. (lcjeb4) (Entered: 07/17/2014)
2014-07-17Set/Reset Deadline: Parties shall file a joint proposed briefing schedule on or before 7/31/2014. (ad) (Entered: 07/17/2014)
2014-07-289Joint MOTION for Briefing Schedule by FRIENDS OF ANIMALS (Harris, Michael) (Entered: 07/28/2014)
2014-07-28MINUTE ORDER: Parties' 9 Joint Motion for Briefing Schedule is hereby GRANTED. Plaintiffs shall file their Motion for Summary Judgment and Supporting Material on or before August 28, 2014; Defendant shall file its Joint Response to Plaintiffs Motion for Summary Judgment and Cross-Motion for Summary Judgment and Supporting Material on or before September 25, 2014; Plaintiffs shall file their Joint Reply in support of their Motion for Summary Judgment and Response to Defendants Cross-Motion on or before October 10, 2014; and Defendant shall file its Reply in support of its Motion for Summary Judgment on or before October 31, 2014. Signed by Judge James E. Boasberg on 7/28/14. (lcjeb2) (Entered: 07/28/2014)
2014-07-29Set/Reset Deadlines: Plaintiffs shall file their Motion for Summary Judgment and Supporting Material on or before 8/28/2014; Defendant shall file its Joint Response to Plaintiffs Motion for Summary Judgment and Cross-Motion for Summary Judgment and Supporting Material on or before 9/25/2014; Plaintiffs shall file their Joint Reply in support of their Motion for Summary Judgment and Response to Defendants Cross-Motion on or before 10/10/2014; and Defendant shall file its Reply in support of its Motion for Summary Judgment on or before 10/31/2014. (ad) (Entered: 07/29/2014)
2014-08-2810MOTION for Summary Judgment by CITIZENS FOR THE PRESERVATION OF WILDLIFE, INC., FRIENDS OF ANIMALS, ROBIN C. MCCLARY (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Ms. Robin McClary, # 4 Declaration of Ms. Jennifer Barnes)(Harris, Michael) (Entered: 08/28/2014)
2014-09-2311MOTION for Extension of Time to File Opposition and Cross Motion - Opposed - by USDA (McBarnette, Andrea) (Entered: 09/23/2014)
2014-09-23MINUTE ORDER: If Plaintiffs object to Defendant's Motion for Extension, the Court ORDERS that they shall file such Opposition by September 25, 2014. Signed by Judge James E. Boasberg on 9/23/14. (lcjeb2) (Entered: 09/23/2014)
2014-09-24Set/Reset Deadline: Plaintiffs shall file their opposition by 9/25/2014. (ad) (Entered: 09/24/2014)
2014-09-2412RESPONSE re 11 MOTION for Extension of Time to File Opposition and Cross Motion - Opposed - filed by CITIZENS FOR THE PRESERVATION OF WILDLIFE, INC., FRIENDS OF ANIMALS, ROBIN C. MCCLARY. (Harris, Michael) (Entered: 09/24/2014)
2014-10-06MINUTE ORDER: Defendant's 11 Motion for Extension is GRANTED IN PART and DENIED IN PART. The Court will permit a 45-day extension. The Court, accordingly, ORDERS that Defendant shall file its Opposition and Cross-Motion by November 10, 2014; Plaintiffs' Opposition and Reply shall now be due on November 25, 2014; and Defendant's Reply shall now be due on December 9, 2014. Signed by Judge James E. Boasberg on 10/6/14. (lcjeb2) (Entered: 10/06/2014)
2014-10-06Set/Reset Deadlines: Defendant shall file its Opposition and Cross-Motion by 11/10/2014; Plaintiffs' Opposition and Reply shall now be due on 11/25/2014; and Defendant's Reply shall now be due on 12/09/2014. (ad) (Entered: 10/06/2014)
2014-10-0713MOTION for Reconsideration re Order on Motion for Extension of Time to File, by USDA (McBarnette, Andrea) (Entered: 10/07/2014)
2014-10-0814RESPONSE re 13 MOTION for Reconsideration re Order on Motion for Extension of Time to File, filed by FRIENDS OF ANIMALS. (Harris, Michael) (Entered: 10/08/2014)
2014-10-09MINUTE ORDER: The Court ORDERS the parties to call chambers for a conference call in this matter on October 14, 2014, at 3:00 p.m. Signed by Judge James E. Boasberg on 10/9/14. (lcjeb2) (Entered: 10/09/2014)
2014-10-14MINUTE ORDER: As discussed in today's conference call from chambers, the Court ORDERS that: 1) As Plaintiff has agreed to withdraw her FOIA appeals, Defendant's 13 Motion is DENIED as moot; and 2) Defendant shall file its Cross-Motion for Summary Judgment and Opposition by December 5, 2014, Plaintiff shall file her Opposition and Reply by December 19, 2014, and Defendant shall file its Reply by January 9, 2015. Signed by Judge James E. Boasberg on 10/14/14. (lcjeb2) (Entered: 10/14/2014)
2014-10-14Minute Entry for proceedings held before Judge James E. Boasberg: Telephone Conference held on 10/14/2014. (tg, ) (Entered: 10/14/2014)
2014-10-14Set/Reset Deadlines: Cross-Motion and Opposition to Motion for Summary Judgment due by 12/5/2014; Opposition to Cross-Motion and Reply to Opposition to Motion for Summary Judgment due by 12/19/2014; Reply to Opposition to Cross-Motion due by 1/9/2015. (tg, ) (Entered: 10/14/2014)
2014-12-0515MOTION for Summary Judgment by USDA (Attachments: # 1 Exhibit Vaughn 14-02426, # 2 Exhibit Vaughn 13-04566, # 3 Declaration 13-04566, # 4 Declaration 14-02426, # 5 Declaration 14-03388, # 6 Declaration Woods)(McBarnette, Andrea) (Entered: 12/05/2014)
2014-12-0516Memorandum in opposition to re 10 MOTION for Summary Judgment filed by USDA. (McBarnette, Andrea) (Entered: 12/05/2014)
2014-12-1617Unopposed MOTION for Extension of Time to File Plaintiffs' Opposition to Cross-Motion and Defendant's Reply by CITIZENS FOR THE PRESERVATION OF WILDLIFE, INC., FRIENDS OF ANIMALS, ROBIN C. MCCLARY (Attachments: # 1 Text of Proposed Order)(Harris, Michael) (Entered: 12/16/2014)
2014-12-16MINUTE ORDER GRANTING 17 Motion for Extension of Time. The Court ORDERS that Plaintiffs shall file their Cross-Motion and Reply to Opposition to Motion for Summary Judgment by December 24, 2014, and Defendant shall file its Reply to Opposition to Cross Motion by January 14, 2015. Signed by Judge James E. Boasberg on 12/16/14. (lcjeb2) (Entered: 12/16/2014)
2014-12-17Set/Reset Deadlines: Plaintiffs shall file their Cross-Motion and Reply to Opposition to Motion for Summary Judgment by 12/24/2014, and Defendant shall file its Reply to Opposition to Cross Motion by 1/14/2015. (kt) (Entered: 12/17/2014)
2014-12-2318Consent MOTION for Extension of Time to File Reply and Opposition by USDA (McBarnette, Andrea) (Entered: 12/23/2014)
2014-12-24MINUTE ORDER granting Defendant's Consent 18 Motion for Extension of Time. The Court ORDERS that Defendant shall file its Reply and Opposition on or before January 28, 2015. Signed by Judge James E. Boasberg on 12/24/14. (lcjeb1) (Entered: 12/24/2014)
2014-12-2419RESPONSE re 10 MOTION for Summary Judgment , 15 MOTION for Summary Judgment filed by CITIZENS FOR THE PRESERVATION OF WILDLIFE, INC., FRIENDS OF ANIMALS, ROBIN C. MCCLARY. (Attachments: # 1 Declaration of Ms. Robin McClary in Opp. to Def.'s MSJ)(Harris, Michael) (Entered: 12/24/2014)
2014-12-29Set/Reset Deadlines: Defendant's Reply and Opposition due by 1/28/2015. (tg, ) (Entered: 12/29/2014)
2015-01-2820Consent MOTION for Extension of Time to File Reply / Opposition by USDA (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 01/28/2015)
2015-01-29MINUTE ORDER GRANTING 20 Motion for Extension of Time. The Court ORDERS that Defendant's reply is due by February 11, 2015. Signed by Judge James E. Boasberg on 1/29/15. (lcjeb2) (Entered: 01/29/2015)
2015-01-29Set/Reset Deadline: Defendant's reply is due by 2/11/2015. (ad) (Entered: 01/29/2015)
2015-02-0621Joint MOTION to Stay Case by USDA (McBarnette, Andrea) (Entered: 02/06/2015)
2015-02-09MINUTE ORDER: The Court ORDERS that the 21 Joint Motion to Stay is GRANTED. The case is STAYED until further order of the Court, and the parties shall submit a Joint Status Report by March 2, 2015. Signed by Judge James E. Boasberg on 2/9/15. (lcjeb2) (Entered: 02/09/2015)
2015-02-09Set/Reset Deadline: The parties shall submit a Joint Status Report by by 3/2/2015. (ad) (Entered: 02/09/2015)
2015-02-09CASE STAYED: The case is STAYED until further order of the Court. (ad) (Entered: 02/09/2015)
2015-03-0222STATUS REPORT - Joint by USDA. (McBarnette, Andrea) (Entered: 03/02/2015)
2015-03-02MINUTE ORDER: The Court ORDERS that the parties shall submit a further Joint Status Report by April 2, 2015. Signed by Judge James E. Boasberg on 3/2/15. (lcjeb2) (Entered: 03/02/2015)
2015-03-03Set/Reset Deadline: The parties shall submit a further Joint Status Report by 4/2/2015. (ad) (Entered: 03/03/2015)
2015-04-0223STATUS REPORT by CITIZENS FOR THE PRESERVATION OF WILDLIFE, INC., FRIENDS OF ANIMALS, ROBIN C. MCCLARY. (Harris, Michael) (Entered: 04/02/2015)
2015-04-07MINUTE ORDER: The Court ORDERS that: 1) The Stay is LIFTED; and 2) Defendant shall file its Reply by April 21, 2015. Signed by Judge James E. Boasberg on 04/07/15. (lcjeb3) (Entered: 04/07/2015)
2015-04-2124MOTION for Extension of Time to File Response/Reply by USDA (Attachments: # 1 Text of Proposed Order)(McBarnette, Andrea) (Entered: 04/21/2015)
2015-04-22MINUTE ORDER: The Court ORDERS that Defendant's 24 Motion shall be held in abeyance until Defendant files a notice regarding Plaintiff's position. Signed by Judge James E. Boasberg on 4/22/14. (lcjeb2) (Entered: 04/22/2015)
2015-04-2225NOTICE of Consent by USDA re 24 MOTION for Extension of Time to File Response/Reply , Order on Motion for Extension of Time to File Response/Reply (McBarnette, Andrea) (Entered: 04/22/2015)
2015-04-22MINUTE ORDER granting 24 Motion for Extension of Time. The Court ORDERS that Defendant's reply is due by May 12, 2015. Signed by Judge James E. Boasberg on 4/22/15. (lcjeb2) (Entered: 04/22/2015)
2015-04-23Set/Reset Deadline: Defendant's reply is due by 5/12/2015. (ad) (Entered: 04/23/2015)
2015-05-1126NOTICE OF SUBSTITUTION OF COUNSEL by Marian L. Borum on behalf of USDA Substituting for attorney Andrea McBarnette (Borum, Marian) (Entered: 05/11/2015)
2015-05-1227Joint MOTION for Extension of Time to Complete Settlement Negotiations by USDA (Borum, Marian) (Entered: 05/12/2015)
2015-05-13MINUTE ORDER granting 27 Motion for Extension of Time. The Court ORDERS that the parties shall have until May 26, 2015, to complete settlement negotiations and provide notice to the Court that they have reached an agreement in principle. Signed by Judge James E. Boasberg on 5/13/15. (lcjeb2) (Entered: 05/13/2015)
2015-05-13Set/Reset Deadlines: Completion of Settlement Negotiations and Notification to Court due by 5/26/2015. (tg, ) (Entered: 05/13/2015)
2015-05-2628NOTICE of Settlement in Principle by USDA (Borum, Marian) (Entered: 05/26/2015)
2015-05-27MINUTE ORDER: The Court ORDERS that by June 10, 2015, the parties shall file a notice of dismissal or a further joint status report. Signed by Judge James E. Boasberg on 5/27/15. (lcjeb2) (Entered: 05/27/2015)
2015-05-27Set/Reset Deadlines: Notice of Dismissal or further Joint Status Report due by 6/10/2015. (ztg) (Entered: 05/27/2015)
2015-06-1029STIPULATION of Settlement and Dismissal by USDA. (Borum, Marian) (Entered: 06/10/2015)
2015-06-10MINUTE ORDER: Per the parties' 29 Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 6/10/15. (lcjeb2) (Entered: 06/10/2015)
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