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Case TitleCENTER FOR FOOD SAFETY v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01377
Date Filed2015-08-25
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning the agency's proposed update of Plant Protection Act regulations. The agency acknowledged receipt of the request, but after numerous subsequent contacts with the agency failed to produce a response to its request, the Center for Food Safety filed suit, alleging that APHIS had a pattern and practice of failing to respond to the Center's requests.
Complaint issues: Failure to respond within statutory time limit, Delay, Litigation - Attorney's fees

DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-08-251COMPLAINT against ANIMAL AND PLANT HEALTH INSPECTION SERVICE ( Filing fee $ 400 receipt number 0090-4221644) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet)(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-252AFFIDAVIT re 1 Complaint by CENTER FOR FOOD SAFETY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-253Corporate Disclosure Statement by CENTER FOR FOOD SAFETY. (Jenkins, Peter) (Entered: 08/25/2015)
2015-08-254REQUEST FOR SUMMONS TO ISSUE by CENTER FOR FOOD SAFETY filed by CENTER FOR FOOD SAFETY.(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-255REQUEST FOR SUMMONS TO ISSUE by CENTER FOR FOOD SAFETY filed by CENTER FOR FOOD SAFETY.(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-256REQUEST FOR SUMMONS TO ISSUE by CENTER FOR FOOD SAFETY filed by CENTER FOR FOOD SAFETY.(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-257MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cristina R. Stella, :Firm- Center for Food Safety, :Address- 303 Sacramento Street, 2nd Floor, San Francisco, CA 94111. Phone No. - (415) 826-2770. Fax No. - (415) 826-0507 Filing fee $ 100, receipt number 0090-4221851. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration of Cristina R. Stella, # 2 Text of Proposed Order)(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-258MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy L. van Saun, :Firm- Center for Food Safety, :Address- 917 SW Oak Street, Suite 300, Portland, OR 91205. Phone No. - (971) 271-7372. Fax No. - (971) 271-7374 Filing fee $ 100, receipt number 0090-4221855. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration of Amy L. van Saun, # 2 Text of Proposed Order)(Jenkins, Peter) (Entered: 08/25/2015)
2015-08-25Case Assigned to Judge Beryl A. Howell. (md) (Entered: 08/25/2015)
2015-08-269SUMMONS (3) Issued Electronically as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 08/26/2015)
2015-08-2610STANDING ORDER. Signed by Judge Beryl A. Howell on August 26, 2015. (lcbah3) (Entered: 08/26/2015)
2015-08-26MINUTE ORDER (paperless) GRANTING the plaintiff's 7 Motion for Admission of Attorney Pro Hac Vice . Ms. Cristina R. Stella, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on August 26, 2015. (lcbah3) (Entered: 08/26/2015)
2015-08-26MINUTE ORDER (paperless) GRANTING the plaintiff's 8 Motion for Admission of Attorney Pro Hac Vice . Ms. Amy L. van Saun, Esq. may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on August 26, 2015. (lcbah3) (Entered: 08/26/2015)
2015-09-1511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/31/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/31/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 9/30/2015.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL AND PLANT HEALTH INSPECTION SERVICE served on 8/31/2015 (Attachments: # 1 Exhibit A)(Jenkins, Peter) (Entered: 09/15/2015)
2015-09-3012Unopposed MOTION for Extension of Time to Respond to Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Truong, John) (Entered: 09/30/2015)
2015-10-01MINUTE ORDER (paperless) GRANTING the defendant's 12 Unopposed Motion for Extension of Time. The defendant shall, by November 2, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on October 1, 2015. (lcbah3) (Entered: 10/01/2015)
2015-10-01Set/Reset Deadlines: Answer to the Complaint due by 11/2/2015. (tg) (Entered: 10/01/2015)
2015-10-2913Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Truong, John) (Entered: 10/29/2015)
2015-10-30MINUTE ORDER (paperless) GRANTING the defendant's 13 Consent Motion for Extension of Time. The defendant shall, by December 11, 2015, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on October 30, 2015. (lcbah3) (Entered: 10/30/2015)
2015-10-30Set/Reset Deadlines: Answer to the Complaint due by 12/11/2015. (tg) (Entered: 10/30/2015)
2015-12-0814Consent MOTION for Extension of Time to Respond To Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Truong, John) (Entered: 12/08/2015)
2015-12-08MINUTE ORDER (paperless) GRANTING the defendant's 14 Consent Motion for Extension of Time. The defendant shall, by January 25, 2016, respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on December 8, 2015. (lcbah3) (Entered: 12/08/2015)
2015-12-09Set/Reset Deadlines: Defendant's Answer to the Complaint due by 1/25/2016. (tg) (Entered: 12/09/2015)
2016-01-2115Consent MOTION for Extension of Time to Respond to Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Truong, John) (Entered: 01/21/2016)
2016-01-22MINUTE ORDER (paperless) GRANTING the defendant's 15 Consent Motion for Extension of Time. The defendant shall, by February 22, 2016, respond to the plaintiffs 1 Complaint. Signed by Judge Beryl A. Howell on January 22, 2016. (lcbah3) (Entered: 01/22/2016)
2016-01-27Set/Reset Deadlines: Answer to the Complaint due by 2/22/2016. (tg) (Entered: 01/27/2016)
2016-02-2216Consent MOTION for Order (1) Adopting Document Production Plan; (2) Holding In Abeyance Defendant's Answer; and (3) Requiring Defendant To Submit Status Report In 60 Days by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Attachments: # 1 Exhibit A (Government()(Truong, John) (Entered: 02/22/2016)
2016-02-23MINUTE ORDER (paperless) GRANTING the defendant's 16 Consent Motion (1) To Adopt The Parties' Proposed Document Production Plan And (2) To Hold In Abeyance Defendants Response To Plaintiff's Complaint ("Def.'s Mot."). Accordingly, (1) the defendant shall abide by the [16-1] "Document Production Plan," set forth in Gov't Ex. A to Def.'s Mot.; (2) the parties shall submit a joint status report every 60 days from the date of this Order notifying the Court of the status of the case; and (3) the Court's January 22, 2016 Minute Order, requiring the defendant to respond to the plaintiff's 1 Complaint by February 22, 2016, shall be HELD IN ABEYANCE until the document production, as set forth in the "Document Production Plan," is completed, at which point the parties shall submit a final joint status report and the defendant shall respond to the plaintiff's 1 Complaint within 14 days. Signed by Judge Beryl A. Howell on February 23, 2016. (lcbah3) (Entered: 02/23/2016)
2016-04-2017Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 04/20/2016)
2016-04-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to submit another joint status report by July 20, 2016. Signed by Chief Judge Beryl A. Howell on April 21, 2016. (lcbah3) (Entered: 04/21/2016)
2016-04-21Set/Reset Deadlines: Joint Status Report due by 7/20/2016. (tg) (Entered: 04/21/2016)
2016-07-2018Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 07/20/2016)
2016-07-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to submit another joint status report by October 20, 2016. Signed by Chief Judge Beryl A. Howell on July 26, 2016. (lcbah3) (Entered: 07/26/2016)
2016-07-26Set/Reset Deadlines: Joint Status Report due by 10/20/2016. (tg) (Entered: 07/26/2016)
2016-10-2019Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Stella, Cristina) (Entered: 10/20/2016)
2016-10-31MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, that the parties submit another joint status report by January 18, 2017. Signed by Chief Judge Beryl A. Howell on October 31, 2016.(lcbah3) (Entered: 10/31/2016)
2016-10-31Set/Reset Deadlines: Joint Status Report due by 1/18/2017. (tg) (Entered: 10/31/2016)
2017-01-1820Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Stella, Cristina) (Entered: 01/18/2017)
2017-01-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, that the parties submit another joint status report by April 18, 2017. Signed by Chief Judge Beryl A. Howell on January 18, 2017. (lcbah3) (Entered: 01/18/2017)
2017-01-18Set/Reset Deadlines: Joint Status Report due by 4/18/2017. (tg) (Entered: 01/18/2017)
2017-04-1821Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 04/18/2017)
2017-04-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, that the parties submit another joint status report by July 18, 2017. Signed by Chief Judge Beryl A. Howell on April 18, 2017. (lcbah3) (Entered: 04/18/2017)
2017-04-18Set/Reset Deadlines: Joint Status Report due by 7/18/2017. (tg) (Entered: 04/18/2017)
2017-07-1822Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 07/18/2017)
2017-08-3123NOTICE of Withdrawal of Appearance for Cristina R. Stella by CENTER FOR FOOD SAFETY (Stella, Cristina) Modified event title on 9/1/2017 (znmw). (Entered: 08/31/2017)
2017-09-02MINUTE ORDER (paperless) DIRECTING, in light of plaintiff's co-counsel Cristina R. Stella's 23 Notice of Withdrawal of Counsel, the Clerk's Office to terminate Cristina R. Stella as co-counsel for the plaintiff. Signed by Chief Judge Beryl A. Howell on September 2, 2017. (lcbah3) (Entered: 09/02/2017)
2017-09-02MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, that the parties submit another joint status report by October 17, 2017. Signed by Chief Judge Beryl A. Howell on September 2, 2017. (lcbah3) (Entered: 09/02/2017)
2017-09-05Set/Reset Deadlines: Joint Status Report due by 10/17/2017. (tg) (Entered: 09/05/2017)
2017-10-1724Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 10/17/2017)
2017-10-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 24 Joint Status Report, that the parties submit another joint status report by January 17, 2018. Signed by Chief Judge Beryl A. Howell on October 18, 2017. (lcbah3) (Entered: 10/18/2017)
2017-10-18Set/Reset Deadlines: Joint Status Report due by 1/17/2018. (hmc) (Entered: 10/18/2017)
2018-01-1725Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 01/17/2018)
2018-01-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 25 Joint Status Report, that the parties submit another joint status report by April 17, 2018. Signed by Chief Judge Beryl A. Howell on January 18, 2018. (lcbah3) (Entered: 01/18/2018)
2018-01-18Set/Reset Deadlines: Joint Status Report due by 4/17/2018. (tg) (Entered: 01/18/2018)
2018-04-1826Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 04/18/2018)
2018-04-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 26 Joint Status Report, that the parties submit another joint status report by July 17, 2018. Signed by Chief Judge Beryl A. Howell on April 18, 2018. (lcbah3) (Entered: 04/18/2018)
2018-07-1627NOTICE of Appearance by George A. Kimbrell on behalf of CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 07/16/2018)
2018-07-1628Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (van Saun, Amy) (Entered: 07/16/2018)
2018-07-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 28 Joint Status Report, that the parties submit another joint status report by October 17, 2018. Signed by Chief Judge Beryl A. Howell on July 16, 2018. (lcbah3) (Entered: 07/16/2018)
2018-07-17Set/Reset Deadlines: Joint Status Report due by 10/17/2018. (tg) (Entered: 07/17/2018)
2018-07-2329NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Peter T. Jenkins terminated. (Jenkins, Peter) (Entered: 07/23/2018)
2018-10-1630Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Truong, John) (Entered: 10/16/2018)
2018-10-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 30 Joint Status Report, that the parties submit another joint status report by January 15, 2019. Signed by Chief Judge Beryl A. Howell on October 16, 2018. (lcbah3) (Entered: 10/16/2018)
2018-10-16Set/Reset Deadlines: Joint Status Report due by 1/15/2019. (tg) (Entered: 10/16/2018)
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