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Case TitleGOOD FOOD INSTITUTE v. U.S. DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01604
Date Filed2016-08-08
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffGOOD FOOD INSTITUTE
Case DescriptionThe Good Food Institute submitted three FOIA requests to the Agricultural Marketing Service, a component of the Department of Agriculture. The first request was for records about meetings and budgets of the American Egg Board. Although the agency disclosed 1800 pages, with redactions under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy), the Good Food Institute believed the records did not respond to most of its request. The Good Food Institute filed an appeal, which had not been resolved by the time it filed suit. The Good Food Institute's second FOIA request was for records disclosed in response to a request as the result of another party's FOIA request. AMS did not acknowledge receipt of the request, but told the Good Food Institute in a telephone conversation that the records would be posted online. The records had not been posted online by the time the Good Food Institute filed suit. The third FOIA request was for records pertaining to actions taken by the American Egg Board on various products. AMS acknowledged receiving the request in a phone conversation and also indicated that the matter dealt with a current internal investigation. The agency provided no further response before the Good Food Institute filed suit. The Good Food Institute also requested a fee waiver for each of its three requests. After no further action on any of its requests, the Good Food Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-081COMPLAINT against U.S. DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-4630844) filed by GOOD FOOD INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Barrella, Nigel) (Entered: 08/08/2016)
2016-08-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by GOOD FOOD INSTITUTE (Barrella, Nigel) (Entered: 08/08/2016)
2016-08-08Case Assigned to Judge Tanya S. Chutkan. (md) (Entered: 08/09/2016)
2016-08-093SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 08/09/2016)
2016-08-194NOTICE of Appearance by Damon William Taaffe on behalf of U.S. DEPARTMENT OF AGRICULTURE (Taaffe, Damon) (Entered: 08/19/2016)
2016-09-125Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF AGRICULTURE (Taaffe, Damon) (Entered: 09/12/2016)
2016-09-13MINUTE ORDER: Granting 5 Consent Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the complaint by 10/17/16. Signed by Judge Tanya S. Chutkan on 9/13/16. (DJS) (Entered: 09/13/2016)
2016-10-176ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE.(Taaffe, Damon) (Entered: 10/17/2016)
2016-10-17MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and order not later than 11/4/16 Signed by Judge Tanya S. Chutkan on 10/17/16. (DJS) Modified on 10/18/2016 (zsm). (Entered: 10/17/2016)
2016-10-18Set/Reset Deadlines: Status Report due by 11/4/2016 (zsm) (Entered: 10/18/2016)
2016-11-037Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 11/03/2016)
2016-11-04MINUTE ORDER: Having considered the Status Report 7 filed by the parties, it is hereby ordered that the parties shall file another joint Status Report by December 5, 2016. The status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/3/16. (DJS) (Entered: 11/04/2016)
2016-11-04Set/Reset Deadlines: Joint Status Report due by 12/5/2016 (tth) (Entered: 11/04/2016)
2016-12-058Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 12/05/2016)
2016-12-05MINUTE ORDER: Having considered the Joint Status Report filed by the parties 8 , it is hereby ordered that the parties shall file another Joint Status Report and proposed order on or before January 4, 2017. Signed by Judge Tanya S. Chutkan on 12/5/16. (DJS) (Entered: 12/05/2016)
2016-12-06Set/Reset Deadlines: Status Report due by 1/4/2017 (zsm) (Entered: 12/06/2016)
2017-01-049Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 01/04/2017)
2017-01-05MINUTE ORDER: Having considered the Joint Status Report filed by the parties 9 , it is hereby ordered that the parties shall file another Joint Status Report, along with a proposed order, on or before February 3, 2017. Signed by Judge Tanya S. Chutkan on 1/5/17. (DJS) (Entered: 01/05/2017)
2017-01-06Set/Reset Deadlines: Status Report along with a proposed order due by 2/3/2017. (tb) (Entered: 01/06/2017)
2017-02-0310Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 02/03/2017)
2017-02-05MINUTE ORDER: Having considered the Joint Status Report 10 filed by the parties, it is hereby ordered that the parties shall file another Joint Status Report and proposed order by March 6, 2017. Signed by Judge Tanya S. Chutkan on 2/5/17. (DJS) (Entered: 02/05/2017)
2017-02-07Set/Reset Deadlines: Joint Status Report and proposed order due by 3/6/2017. (tb) (Entered: 02/07/2017)
2017-03-0611Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 03/06/2017)
2017-03-08MINUTE ORDER: Having considered the Joint Status Report 11 filed by the parties, it is hereby ordered that the parties shall file another Joint Status Report and proposed order by April 5, 2017. Signed by Judge Tanya S. Chutkan on 3/8/17. (DJS) (Entered: 03/08/2017)
2017-03-09Set/Reset Deadlines: Joint Status Report and proposed order due by 4/5/2017. (tb) (Entered: 03/09/2017)
2017-04-0512Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 04/05/2017)
2017-04-17MINUTE ORDER: Having considered the Joint Status Report 12 filed by the parties, it is hereby ordered that the parties shall file another Joint Status Report and proposed order by May 5, 2017. Signed by Judge Tanya S. Chutkan on 4/17/17. (DJS) (Entered: 04/17/2017)
2017-04-17Set/Reset Deadlines: Joint Status Report due by 5/5/2017. (tb) (Entered: 04/17/2017)
2017-05-0513Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 05/05/2017)
2017-05-17MINUTE ORDER: Having considered the Joint Status Report 13 filed by the parties, it is hereby ordered that the parties shall file another Joint Status Report and proposed order by June 9, 2017 and every 45 days thereafter. Signed by Judge Tanya S. Chutkan on 5/17/17. (DJS) (Entered: 05/17/2017)
2017-05-18Set/Reset Deadlines: Joint Status Report due by 6/9/2017. (tb) (Entered: 05/18/2017)
2017-06-0814Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 06/08/2017)
2017-07-2415Joint STATUS REPORT by GOOD FOOD INSTITUTE. (Barrella, Nigel) (Entered: 07/24/2017)
2017-09-0716Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 09/07/2017)
2017-10-2317Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Taaffe, Damon) (Entered: 10/23/2017)
2017-12-0418Joint STATUS REPORT by GOOD FOOD INSTITUTE. (Barrella, Nigel) (Entered: 12/04/2017)
2018-01-1819Joint STATUS REPORT by GOOD FOOD INSTITUTE. (Barrella, Nigel) (Entered: 01/18/2018)
2018-02-2320Unopposed MOTION for Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/23/2018)
2018-02-2321STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (See Docket Entry 20 to view document). (znmw) (Entered: 02/26/2018)
2018-02-28MINUTE ORDER: Granting 20 Unopposed Motion for Briefing Schedule. Defendant's Motion for summary judgment due by March 28, 2018. Plaintiff's opposition and combined cross-motion (if any) due by April 30, 2018. Defendant's Reply and combined opposition to cross-motion (if any)due by May 30, 2018. Plaintiff's reply in support of cross-motion (if any) due by June 13, 2018. Signed by Judge Tanya S. Chutkan on 2/28/18. (DJS) (Entered: 02/28/2018)
2018-03-01Set/Reset Deadlines: Cross Motion due by 4/30/2018. Response to Cross Motion due by 5/30/2018. Reply to Cross Motion due by 6/13/2018. Summary Judgment motion due by 3/28/2018. Response to Motion for Summary Judgment due by 4/30/2018. Reply to Motion for Summary Judgment due by 5/30/2018. (tb) (Entered: 03/01/2018)
2018-03-2622Consent MOTION for Extension of Time to FILE MOTION FOR SUMMARY JUDGMENT by U.S. DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/26/2018)
2018-03-2623STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (See Docket Entry 22 to view document). (znmw) (Entered: 03/27/2018)
2018-04-04MINUTE ORDER: Granting 22 Consent Motion for Extension of Deadlines. Defendant's Motion for Summary Judgment due April 11, 2018. Plaintiff's Combined Motion/Opposition due May 11, 2018. Defendant's Combined Opposition /Reply due June 11, 2018. Plaintiff's Reply due June 25, 2018. Signed by Judge Tanya S. Chutkan on 4/4/18. (DJS) (Entered: 04/04/2018)
2018-04-04Set/Reset Deadlines: Summary Judgment motions due by 4/11/2018. Plaintiff's Combined Motion/Opposition due by 5/11/2018. Defendant's Combined Opposition/Reply due by 6/11/2018. Plaintiff's reply due by 6/25/2018. (jl) (Entered: 04/04/2018)
2018-04-1124MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE (Attachments: # 1 Statement of Facts, # 2 Exhibit, # 3 Text of Proposed Order)(Peterson, Benton) (Entered: 04/11/2018)
2018-04-1225NOTICE of Filing Declaration by U.S. DEPARTMENT OF AGRICULTURE re 24 MOTION for Summary Judgment (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 04/12/2018)
2018-05-1126RESPONSE re 24 MOTION for Summary Judgment with Points and Authorities in Support filed by GOOD FOOD INSTITUTE. (Attachments: # 1 Statement of Facts and Genuine Issues (L.Cv.R.7), # 2 Declaration of Nigel Barrella, # 3 Text of Proposed Order)(Barrella, Nigel) (Entered: 05/11/2018)
2018-06-0827Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE (Taaffe, Damon) (Entered: 06/08/2018)
2018-06-11MINUTE ORDER: Granting 27 Consent Motion for Extension of Time to File Response/Reply. Defendant's reply due June 29, 2018. Signed by Judge Tanya S. Chutkan on 6/11/18. (DJS) (Entered: 06/11/2018)
2018-06-12Set/Reset Deadlines: Reply to Motion for Summary Judgment due by 6/29/2018. (tb) (Entered: 06/12/2018)
2018-06-2828Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE (Taaffe, Damon) (Entered: 06/28/2018)
2018-06-28MINUTE ORDER: Granting 28 Consent Motion for Extension of Time to File Response/Reply. Defendant's reply due July 13, 2018. Signed by Judge Tanya S. Chutkan on 6/28/18. (DJS) (Entered: 06/28/2018)
2018-06-28Set/Reset Deadlines: Defendant's Reply in support of its Motion for Summary Judgment is due by 7/13/2018. (jth) (Entered: 07/01/2018)
2018-07-1329NOTICE of Settlement and Stipulation of Dismissal by U.S. DEPARTMENT OF AGRICULTURE (Taaffe, Damon) (Entered: 07/13/2018)
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by FOIA Project Staff