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Case TitleANIMAL WELFARE INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv01787
Date Filed2014-10-23
Date Closed2015-10-06
JudgeJudge Emmet G. Sullivan
PlaintiffANIMAL WELFARE INSTITUTE
Case DescriptionThe Animal Welfare Institute submitted a FOIA request to the Department of Agriculture's Food Safety Inspection Service for records concerning the poultry label claims for "free range" and "range grown" for poultry regulated by FSIS. The agency indicated the request was complex and AWI agreed to clarify the request. AWI had a number of email exchanges attempting to check the status of the request. AWI also noted that it had received responses to similarly worded requests within a reasonable period of time. After hearing nothing further on a substantive response, AWI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-10-231COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service ( Filing fee $ 400 receipt number 0090-3881901) filed by ANIMAL WELFARE INSTITUTE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet, # 14 Summons)(Kovaka, Michael) Modified on 10/24/2014 (jf, ). (Entered: 10/24/2014)
2014-10-232LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ANIMAL WELFARE INSTITUTE (Kovaka, Michael ) (Entered: 10/24/2014)
2014-10-23Case Assigned to Judge Emmet G. Sullivan. (sth, ) (Entered: 10/24/2014)
2014-10-243NOTICE Summonses to US Attorney General and US Dept of Agriculture General Counsel by ANIMAL WELFARE INSTITUTE re 1 Complaint,, (Kovaka, Michael) (Entered: 10/24/2014)
2014-10-244SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(sth, ) (Entered: 10/24/2014)
2014-11-045RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/27/2014. Answer due for ALL FEDERAL DEFENDANTS by 11/26/2014. (Kovaka, Michael) (Entered: 11/04/2014)
2014-11-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE served on 10/27/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/27/2014. (jf, ) (See Docket Entry 5 to view document) (Entered: 11/04/2014)
2014-11-137NOTICE of Appearance by Marina Utgoff Braswell on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE (Braswell, Marina) (Entered: 11/13/2014)
2014-11-258ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE.(Braswell, Marina) (Entered: 11/25/2014)
2014-11-259ORDER FOR MEET AND CONFER REPORT. Attorney Meet and Confer Conference by 12/17/2014. Meet & Confer Statement due by 12/31/2014. Signed by Judge Emmet G. Sullivan on 11/25/14. (mac) (Entered: 11/25/2014)
2014-12-3110MEET AND CONFER STATEMENT. (Kovaka, Michael) (Entered: 12/31/2014)
2015-01-12MINUTE ORDER. Upon consideration of the parties' joint meet and confer report, the parties are directed to comply with the following briefing schedule: The government's motion for summary judgment shall be filed by no later than April 27, 2015. Plaintiff's opposition shall be filed by no later than May 27, 2015. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The government's reply and, if applicable, combined opposition shall be filed by no later than June 29, 2015. Plaintiff's reply, if applicable, shall be filed by no later than July 20, 2015. Signed by Judge Emmet G. Sullivan on January 12, 2015. (lcegs4) (Entered: 01/12/2015)
2015-01-13Set/Reset Deadlines: Government Motion For Summary Judgment due by 4/27/2015. Plaintiff Opposition Or Cross-Motion to Motion for Summary Judgment due by 5/27/2015. Government Reply or Combined Cross-Motion to Motion for Summary Judgment due by 6/29/2015. Plaintiff Reply due by 7/20/2015. (mac) (Entered: 01/13/2015)
2015-03-2711Unopposed MOTION to Amend/Correct Order,, by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE (Braswell, Marina) (Entered: 03/27/2015)
2015-04-09MINUTE ORDER granting 11 the government's unopposed motion to amend the briefing schedule set forth in the January 12, 2015 Minute Order. The January 12, 2015 Minute Order is hereby amended as follows: The government's motion for summary judgment shall be filed by no later than May 27, 2015. Plaintiff's opposition shall be filed by no later than June 26, 2015. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The government's reply and, if applicable, combined opposition shall be filed by no later than July 29, 2015. Plaintiff's reply, if applicable, shall be filed by no later than August 11, 2015. Signed by Judge Emmet G. Sullivan on April 9, 2015. (lcegs4) (Entered: 04/09/2015)
2015-04-10Set/Reset Deadlines: Government Motion For Summary Judgment due by 5/27/2015. Plaintiff Opposition to Motion for Summary Judgment and/or Cross-Motion Shall Be Combined With The Opposition due by 6/26/2015. Government Reply And/Or Combined Opposition due by 7/29/2015. Plaintiff Reply due by 8/11/2015. (mac) (Entered: 04/10/2015)
2015-05-2712Unopposed MOTION to Amend/Correct Order,,, by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE (Braswell, Marina) (Entered: 05/27/2015)
2015-05-28MINUTE ORDER granting 12 the government's unopposed motion to amend the briefing schedule. The parties are directed to comply with the following briefing schedule: The government's motion for summary judgment shall be filed by no later than June 26, 2015. Plaintiff's opposition shall be filed by no later than July 27, 2015. If plaintiff chooses to file a cross-motion, it shall be combined with the opposition and filed on the same date. The government's reply and, if applicable, combined opposition shall be filed by no later than August 28, 2015. Plaintiff's reply, if applicable, shall be filed by no later than September 11, 2015. Signed by Judge Emmet G. Sullivan on May 28, 2015. (lcegs2) (Entered: 05/28/2015)
2015-05-28Set/Reset Deadlines: Governments' Summary Judgment motion due by 6/26/2015. Plaintiff Opposition And/or Cross-Motion, Combined With The Opposition due by 7/27/2015. Government Reply And/If Applicable Combined Opposition due by 8/28/2015. Plaintiff Reply if applicable due by 9/11/2015. (mac) (Entered: 05/28/2015)
2015-06-2613Consent MOTION to Stay re Order,, by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE (Braswell, Marina) (Entered: 06/26/2015)
2015-06-29MINUTE ORDER granting 13 consent motion to stay briefing schedule. In view of the parties' representation that they have reached a tentative settlement, the briefing schedule in this case is hereby STAYED. If this case settles in whole or in part, the parties shall inform the Court by filing a stipulation. If this case does not settle, the parties shall file a joint status report, including recommendations for a renewed briefing schedule, by no later than July 10, 2015. Signed by Judge Emmet G. Sullivan on June 29, 2015. (lcegs2) (Entered: 06/29/2015)
2015-06-29Set/Reset Deadlines: Stipulation or Joint Status Report due by 7/10/2015. (mac) (Entered: 06/29/2015)
2015-06-3014NOTICE of Appearance by Andrew S. Keith on behalf of ANIMAL WELFARE INSTITUTE (Keith, Andrew) (Entered: 06/30/2015)
2015-07-0615NOTICE OF SUBSTITUTION OF COUNSEL by Andrew S. Keith on behalf of ANIMAL WELFARE INSTITUTE Substituting for attorney Michael Kovaka (Keith, Andrew) (Entered: 07/06/2015)
2015-07-1016Consent MOTION to Stay re Order,, by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE (Braswell, Marina) (Entered: 07/10/2015)
2015-07-10MINUTE ORDER granting 16 defendant's consent motion for further stay of the schedule. The parties are directed to file a stipulation of settlement and dismissal or a proposal for a new briefing schedule by no later than July 24, 2015. Signed by Judge Emmet G. Sullivan on July 10, 2015. (lcegs1) (Entered: 07/10/2015)
2015-07-13Set/Reset Deadlines: Stipulation of Settlement and Dismissal or Proposal For A New Briefing Schedule due by 7/24/2015. (mac) (Entered: 07/13/2015)
2015-07-14MINUTE ORDER. On July 6, 2015, Plaintiff's counsel informed this Court that Michael G. Kovaka, Esq. had withdrawn as counsel of record and is no longer associated with Cooley LLP. Plaintiff's Consent Order requesting that Andrew S. Keith, Esq. be approved as substitution counsel is GRANTED. Signed by Judge Emmet G. Sullivan on July 14, 2015. (lcegs4) (Entered: 07/14/2015)
2015-07-2417STIPULATION of Settlement and Order of Dismissal by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE. (Braswell, Marina) (Entered: 07/24/2015)
2015-08-21MINUTE ORDER. On July 24, 2015, the parties submitted a 17 Voluntary Stipulation of Settlement and Order of Dismissal. However, counsel for the Government has yet to sign the stipulation. The parties are ordered to resubmit a copy of the stipulation that includes both parties signatures. Signed by Judge Emmet G. Sullivan on August 21, 2015. (lcegs4) (Entered: 08/21/2015)
2015-09-0318STIPULATION of Dismissal with signatures by UNITED STATES DEPARTMENT OF AGRICULTURE, FOOD SAFETY & INSPECTION SERVICE. (Braswell, Marina) (Entered: 09/03/2015)
2015-10-0619VOLUNTARY STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL. Signed by Judge Emmet G. Sullivan on 10/05/15. (mac) (Entered: 10/06/2015)
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by FOIA Project Staff
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