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Case TitleCORNUCOPIA INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00215
Date Filed2016-02-09
Date ClosedOpen
JudgeJudge Rosemary M. Collyer
PlaintiffCORNUCOPIA INSTITUTE
Case DescriptionThe Cornucopia Institute submitted a FOIA request to the Department of Agriculture for records concerning investigations conducted by the National Organic Program of three companies. The agency responded by providing records pertaining to two of the companies, but denied access to records concerning the investigation of the third company under Exemption 7(A) (ongoing investigation or proceeding). Cornucopia appealed the denial to the agency, but after hearing nothing further from the agency, Cornucopia filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-02-091COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-4407322) filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 02/09/2016)
2016-02-09Case Assigned to Judge Rosemary M. Collyer. (md) (Entered: 02/10/2016)
2016-02-10SUMMONS Not Issued as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney, U.S. Attorney General. (md) (Entered: 02/10/2016)
2016-02-102REQUEST FOR SUMMONS TO ISSUE filed by CORNUCOPIA INSTITUTE.(Stotter, Daniel) (Entered: 02/10/2016)
2016-02-113SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(zrdj) (Entered: 02/11/2016)
2016-03-024NOTICE of Appearance by Jason Todd Cohen on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Cohen, Jason) (Entered: 03/02/2016)
2016-03-225AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE filed by CORNUCOPIA INSTITUTE.(Stotter, Daniel) (Entered: 03/22/2016)
2016-03-236Consent MOTION for Extension of Time to File Answer re 5 Amended Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 03/23/2016)
2016-03-24MINUTE ORDER granting 6 Consent Motion for Extension of Time. Defendant shall answer or otherwise respond to the 5 Amended Complaint by April 25, 2016. Signed by Judge Rosemary M. Collyer on 3/24/2016. (lcrmc3) (Entered: 03/24/2016)
2016-03-24Set/Reset Deadlines/Hearings: Answer to Amended Complaint due by 4/25/2016. (cdw) (Entered: 03/25/2016)
2016-04-257ANSWER to 5 Amended Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE. Related document: 5 Amended Complaint filed by CORNUCOPIA INSTITUTE.(Cohen, Jason) (Entered: 04/25/2016)
2016-04-27MINUTE ORDER. The parties shall meet, confer, and file by May 11, 2016 a joint proposal for briefing dispositive motions. Signed by Judge Rosemary M. Collyer on 4/27/2016. (lcrmc3) (Entered: 04/27/2016)
2016-04-27Set/Reset Deadlines/Hearings: Joint Proposed Briefing Schedule due by 5/11/2016 (cdw) (Entered: 04/27/2016)
2016-05-098Consent MOTION for Extension of Time to File a Joint Proposed Briefing Schedule by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 05/09/2016)
2016-05-11MINUTE ORDER granting 8 Consent Motion for Extension of Time. The parties' proposed briefing schedule is due May 25, 2016. Signed by Judge Rosemary M. Collyer on 5/11/2016. (lcrmc3) (Entered: 05/11/2016)
2016-05-11Set/Reset Deadlines/Hearings: Proposed Briefing Schedule due by 5/25/2016. (cdw) (Entered: 05/12/2016)
2016-05-259Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Cohen, Jason) (Entered: 05/25/2016)
2016-05-26MINUTE ORDER pursuant to 9 Joint Status Report and Proposed Schedule. Defendant shall review and produce responsive documents on a rolling basis. The production shall begin on or about June 1, 2016 and shall be completed by October 1, 2016. A Vaughn index shall accompany the production as necessary. The parties shall meet, confer, and file by November 18, 2016 a Joint Report on the status of production and the need (if any) for further briefing. Signed by Judge Rosemary M. Collyer on 5/26/2016. (lcrmc3) (Entered: 05/26/2016)
2016-05-26Set/Reset Deadlines/Hearings: Joint Status Report due by 11/18/2016. (cdw) (Entered: 05/26/2016)
2016-06-0210NOTICE of Appearance by C. Peter Sorenson on behalf of CORNUCOPIA INSTITUTE (Sorenson, C.) (Entered: 06/02/2016)
2016-11-1711Joint STATUS REPORT and Proposed Schedule by UNITED STATES DEPARTMENT OF AGRICULTURE. (Cohen, Jason) (Entered: 11/17/2016)
2016-11-17MINUTE ORDER requiring Defendant to file a Motion for Summary Judgment no later than January 26, 2017; Plaintiff shall file a response by February 24, 2017; and Defendant may reply by March 24, 2017. Signed by Judge Rosemary M. Collyer on 11/17/2016. (lcrmc3) (Entered: 11/17/2016)
2016-11-17Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 1/26/2017. Response to Motion for Summary Judgment due by 2/24/2017. Reply to Motion for Summary Judgment due by 3/24/2017. (cdw) (Entered: 11/21/2016)
2016-11-22MINUTE ORDER authorizing the parties to file a Joint Motion explaining why 11 Proposed Schedule should be adopted by the Court. Signed by Judge Rosemary M. Collyer on 11/22/16. (lcrmc3) (Entered: 11/22/2016)
2017-01-1812Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 01/18/2017)
2017-01-1913Joint MOTION to Modify Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 01/19/2017)
2017-01-24MINUTE ORDER granting 12 Defendant's Motion for Extension of Time to File and denying 13 Parties' Joint Motion to Adopt Modified Briefing Schedule. Defendant's Motion for Summary Judgment shall be filed no later than February 2, 2017, Plaintiff's Opposition shall be filed no later than March 3, 2017, and Defendant's Reply shall be filed no later than March 31, 2017. Signed by Judge Rosemary M. Collyer on 1/24/2017. (lcrmc3) (Entered: 01/24/2017)
2017-01-24Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 2/2/2017. Response to Motion for Summary Judgment due by 3/3/2017. Reply to Motion for Summary Judgment due by 3/31/2017. (cdw) (Entered: 01/24/2017)
2017-02-0214MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 02/02/2017)
2017-02-0215AFFIDAVIT re 14 MOTION for Summary Judgment Declaration of Matthew Michael in Support of Motion for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Attachment A, FOIA Request Dated January 24, 2012, # 2 Attachment B, Initial Response Letters, # 3 Attachment C, FOIA Appeal Dated February 26, 2014, # 4 Attachment D, Appeal Response Letters, # 5 Attachment E, Original Vaughn Index (Shamrock), # 6 Attachment G, Revised Vaughn Index (Shamrock))(Cohen, Jason) (Entered: 02/02/2017)
2017-02-1616Consent MOTION for Extension of Time to Modify Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 02/16/2017)
2017-02-17MINUTE ORDER granting 16 Plaintiff's Motion for Extension of Time. Plaintiff's opposition to the motion for summary judgment shall be filed no later than April 3, 2017. Defendant's reply shall be filed no later than May 1, 2017. Signed by Judge Rosemary M. Collyer on 2/17/2017. (lcrmc3) (Entered: 02/17/2017)
2017-02-17Set/Reset Deadlines/Hearings: Response to Motion for Summary Judgment due by 4/3/2017. Reply to Motion for Summary Judgment due by 5/1/2017. (cdw) (Entered: 02/17/2017)
2017-03-2217ERRATA Regarding Declaration of Matthew Michael by UNITED STATES DEPARTMENT OF AGRICULTURE 15 Affidavit,, filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Amended Declaration of Matthew Michael)(Cohen, Jason) (Entered: 03/22/2017)
2017-04-0418MOTION for Summary Judgment by CORNUCOPIA INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 04/04/2017)
2017-04-0419Memorandum in opposition to re 14 MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Memorandum In Opposition, # 2 Statement of Facts, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 04/04/2017)
2017-04-0420AFFIDAVIT re 19 Memorandum in Opposition, 18 MOTION for Summary Judgment Declaration of Will Fantle by CORNUCOPIA INSTITUTE. (Stotter, Daniel) (Entered: 04/04/2017)
2017-04-0421EXHIBITS re 19 Memorandum in Opposition, 18 MOTION for Summary Judgment , 20 Affidavit Exhibits 1 - 4 Only To Dec. Fantle [Dkt 20] by CORNUCOPIA INSTITUTE. (Stotter, Daniel) Modified event title on 4/5/2017 (znmw). (Entered: 04/04/2017)
2017-04-0422ERRATA Regarding Filing of Declaration of Will Fantle & Exhibits 1 - 5 by CORNUCOPIA INSTITUTE. (Stotter, Daniel) (Entered: 04/04/2017)
2017-04-0423MOTION for Extension of Time to Allow Late Filing Due To Technology Issues by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 04/04/2017)
2017-04-05MINUTE ORDER granting 23 Plaintiff's Motion for Extension of Time. The April 4, 2017 filings of 18 Plaintiff's Motion for Summary Judgment and 19 Plaintiff's Opposition to Defendant's Motion for Summary Judgment are accepted by the Court as timely filed. Signed by Judge Rosemary M. Collyer on 4/5/2017. (lcrmc3) (Entered: 04/05/2017)
2017-04-2524Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Summary Judgment , 18 MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 04/25/2017)
2017-04-26MINUTE ORDER granting 24 Defendant's Consent Motion for Extension of Time. Defendant shall file its reply in support of its motion for summary judgment no later than May 15, 2017. Signed by Judge Rosemary M. Collyer on 4/26/2017. (lcrmc3) (Entered: 04/26/2017)
2017-04-26Set/Reset Deadlines/Hearings: Defendant's reply to Motion for Summary Judgment due by 5/15/2017. (cdw) (Entered: 04/27/2017)
2017-05-1525REPLY to opposition to motion re 14 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Declaration Second Declaration of Matthew Michael, May 15, 2017)(Cohen, Jason) (Entered: 05/15/2017)
2017-05-1526Memorandum in opposition to re 18 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Second Declaration of Matthew Michael)(Cohen, Jason) (Entered: 05/15/2017)
2017-10-1727MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 10/17/2017. (DAS) (Entered: 10/17/2017)
2017-10-1728ORDER granting 14 Defendant's Motion for Summary Judgment and denying 18 Plaintiff's Motion for Summary Judgment and for In Camera Review. Judgment is entered in favor of Defendant. This case is closed. Signed by Judge Rosemary M. Collyer on 10/17/2017. (DAS) (Entered: 10/17/2017)
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by FOIA Project Staff