Skip to content

Case Detail

[Subscribe to updates]
Case TitleCORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv01901
Date Filed2016-09-26
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCORNUCOPIA INSTITUTE
Case DescriptionThe Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records of communications between the agency and dairies concerning Cornucopia Institute's prior FOIA request. The agency acknowledged receipt of the request. The Cornucopia Institute filed an appeal after the agency failed to respond. After hearing nothing further from the agency, the Cornucopia Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantAGRICULTURAL MARKETING SERVICE
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

2016-09-261COMPLAINT against AGRICULTURAL MARKETING SERVICE ( Filing fee $ 400 receipt number 0090-4686256) filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 09/26/2016)
2016-09-26Case Assigned to Judge Colleen Kollar-Kotelly. (sth) (Entered: 09/26/2016)
2016-09-262SUMMONS (3) Issued Electronically as to AGRICULTURAL MARKETING SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(sth) (Entered: 09/26/2016)
2016-09-263ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on September 26, 2016. (NS) (Entered: 09/26/2016)
2016-10-044NOTICE of Appearance by Daniel J. Stotter on behalf of CORNUCOPIA INSTITUTE (Stotter, Daniel) (Entered: 10/04/2016)
2016-10-125AMENDED COMPLAINT against AGRICULTURAL MARKETING SERVICE filed by CORNUCOPIA INSTITUTE.(Sorenson, C.) (Entered: 10/12/2016)
2016-10-276NOTICE of Appearance by Jason Todd Cohen on behalf of AGRICULTURAL MARKETING SERVICE (Cohen, Jason) (Entered: 10/27/2016)
2016-11-017Consent MOTION for Extension of Time to File Answer re 5 Amended Complaint by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 11/01/2016)
2016-11-01MINUTE ORDER. The Court is in receipt of Defendant's 7 Consent Motion for Extension of Time to Answer or Otherwise Respond to Amended Complaint. Defendant states that the deadline for filing an answer or other responsive pleading in this matter is November 2, 2016. Defendant represents that it is continuing to research the allegations in Plaintiff's Complaint and needs additional time to formulate a response. Defendant requests an enlargement of 30 days to file an answer or other responsive pleading. Plaintiff consents. Accordingly, the Court GRANTS Defendant's motion and extends Defendant's deadline to file an answer or otherwise respond to Plaintiff's Amended Complaint to DECEMBER 2, 2016. However, going forward, the parties are directed to the Order Establishing Procedures in this case, which states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 3. Signed by Judge Colleen Kollar-Kotelly on 11/1/2016. (lcckk3) (Entered: 11/01/2016)
2016-11-01Set/Reset Deadlines: Defendant's deadline to file an answer or otherwise respond to Plaintiff's Amended Complaint is 12/2/2016. (kt) (Entered: 11/01/2016)
2016-12-028ANSWER to 5 Amended Complaint by AGRICULTURAL MARKETING SERVICE. Related document: 5 Amended Complaint filed by CORNUCOPIA INSTITUTE.(Cohen, Jason) (Entered: 12/02/2016)
2016-12-029ORDER. The parties shall file a Joint Status Report by no later than JANUARY 3, 2017. Signed by Judge Colleen Kollar-Kotelly on 12/2/2016. (lcckk3) (Entered: 12/02/2016)
2016-12-02Set/Reset Deadlines: Joint Status Report due by 1/3/2017. (dot) (Entered: 12/05/2016)
2016-12-2710Joint STATUS REPORT and Proposed Schedule by AGRICULTURAL MARKETING SERVICE. (Cohen, Jason) (Entered: 12/27/2016)
2017-01-0311SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 1/3/2017. (lcckk3) (Entered: 01/03/2017)
2017-02-0812MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Declaration of Gregory Bridges, # 2 Bridges Declaration Exhibits 1 through 4, # 3 Proposed Order)(Cohen, Jason) (Entered: 02/08/2017)
2017-03-2013MOTION for Summary Judgment & Memorandum of Points & Authorities by CORNUCOPIA INSTITUTE (Attachments: # 1 Statement of Facts, # 2 Declaration of Mark Kastel, # 3 Declaration of Daniel J. Stotter & Ex. A, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 03/20/2017)
2017-03-2014RESPONSE re 12 MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Mark Kastel, # 3 Declaration of Daniel J. Stotter & Ex. A, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 03/20/2017)
2017-04-2715REPLY to opposition to motion re 12 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Second Declaration of Gregory Bridges)(Cohen, Jason) (Entered: 04/27/2017)
2017-04-2716Memorandum in opposition to re 13 MOTION for Summary Judgment & Memorandum of Points & Authorities filed by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Second Declaration of Gregory Bridges)(Cohen, Jason) (Entered: 04/27/2017)
2017-05-2217Consent MOTION for Extension of Time to File Response/Reply by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 05/22/2017)
2017-05-22MINUTE ORDER. The Court is in receipt of Plaintiff's 17 Consent Motion for Extension of Time. Plaintiff requests additional time to file its Reply in Support of Plaintiff's Motion for Summary Judgment because Plaintiff is busy with other matters. Plaintiff's motion is untimely. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 3. All future motions for extensions must be filed in a timely fashion. Nonetheless, this is Plaintiff's first request for an extension of time in this matter, and Defendant does not oppose it. Accordingly, Plaintiff's motion is GRANTED. Plaintiff may file its Reply no later than MAY 26, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/22/2017. (lcckk3) (Entered: 05/22/2017)
2017-05-22Set/Reset Deadlines: Plaintiff's Reply due by 5/26/2017. (dot) (Entered: 05/23/2017)
2017-05-2618REPLY to opposition to motion re 13 MOTION for Summary Judgment & Memorandum of Points & Authorities filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Declaration Second Declaration of Daniel J. Stotter & Exhibits B - F)(Stotter, Daniel) (Entered: 05/26/2017)
2017-06-2719ORDER. The Court GRANTS Defendant's 12 Motion for Summary Judgment and DENIES Plaintiff's 13 Motion for Summary Judgment with respect to the adequacy of Defendant's search for responsive records. With respect to whether Defendant is justified in withholding certain responsive records, the Court DENIES both parties' motions WITHOUT PREJUDICE pending the resolution of The Cornucopia Institute v. U.S. Department of Agriculture (USDA), Case No. 16-cv-148-RC (D.D.C). Signed by Judge Colleen Kollar-Kotelly on 6/27/2017. (lcckk3) (Entered: 06/27/2017)
Hide Docket Events
by FOIA Project Staff