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Case TitleFOOD & WATER WATCH, INC. v. U.S. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01133
Date Filed2017-06-09
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffFOOD & WATER WATCH, INC.
Case DescriptionFood & Water Watch submitted two FOIA requests to the Food and Safety Inspection Service at the Department of Agriculture for records concerning companies that opted to adopt the New Poultry Inspection System. In response to its first FOIA request, the agency withheld the identities of companies under Exemption 4 (confidential business information). In response to its second FOIA request, the agency disclosed 258 pages with redactions under Exemption 4, Exemption 5 (privileges) and Exemption 6 (invasion of privacy). FWW did not appeal the agency's response to its first request, but did appeal its response to the second request. The agency denied its appeal and Food & Water Watch filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF AGRICULTURE
1400 Independence Ave., S.W.
Washington, DC 20250
DefendantFOOD SAFETY AND INSPECTION SERVICE
DefendantFOOD SAFETY AND INSPECTION SERVICE
1400 Independence Ave., S.W.
Washington, DC 20250
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-091COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number 0090-4985186) filed by FOOD & WATER WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USDA Summons, # 3 Summons FSIS Summons, # 4 Summons US Attorney Summons, # 5 Summons AS AG Summons)(Corrigan, Zachary) (Entered: 06/09/2017)
2017-06-092LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FOOD & WATER WATCH, INC. (Corrigan, Zachary) (Entered: 06/09/2017)
2017-06-09Case Assigned to Judge Amy Berman Jackson. (jd) (Entered: 06/14/2017)
2017-06-143SUMMONS (4) Issued Electronically as to FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 06/14/2017)
2017-07-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD SAFETY AND INSPECTION SERVICE served on 6/19/2017; U.S. DEPARTMENT OF AGRICULTURE served on 6/19/2017 (Corrigan, Zachary) (Entered: 07/05/2017)
2017-07-055RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/19/17. (Corrigan, Zachary) (Entered: 07/05/2017)
2017-07-056RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/26/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/26/2017. (Corrigan, Zachary) (Entered: 07/05/2017)
2017-07-267NOTICE of Appearance by Marsha Wellknown Yee on behalf of FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE (Yee, Marsha) (Entered: 07/26/2017)
2017-07-268ANSWER to Complaint by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE.(Yee, Marsha) (Entered: 07/26/2017)
2017-07-289ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before August 28, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/28/2017. (lcabj2) (Entered: 07/28/2017)
2017-08-2810STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Declaration Arianne Perkins)(Yee, Marsha) (Entered: 08/28/2017)
2017-08-2911RESPONSE re 10 Status Report Plaintiffs Response to Defendants August 28, 2017 Status Report filed by FOOD & WATER WATCH, INC.. (Corrigan, Zachary) Modified to add link on 8/30/2017 (znmw). (Entered: 08/29/2017)
2017-08-29MINUTE ORDER. On July 28, 2017, the Court ordered defendants to file a dispositive motion, or, in the alternative, a report setting forth the schedule for the completion of its production to plaintiff, on or before August 28. Defendants filed a status report on August 28 attaching a declaration stating that the review is still ongoing and that defendants expect to complete any additional production by October 6, 2017. Defendants further represented that they anticipate filing their motion for summary judgment on or before October 25, 2017. This report complied with the Court's order. Based on that report, it is hereby ORDERED that defendants must produce all responsive records that are not being withheld, along with a Vaughn index specifying the basis for the withholding of any records in full or in part, by October 6, 2017, and that they must file their motion for summary judgment by October 25, 2017. Plaintiff's opposition (and any cross-motion, which must be supported by a single memorandum) will be due by November 15; defendants' reply (combined with its cross-opposition, if any) will be due by December 6, and plaintiff's cross-reply (if needed) will be due by December 20, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/29/2017. (lcabj2) (Entered: 08/29/2017)
2017-10-1812MOTION for Leave to File Proposed First Amended Complaint by FOOD & WATER WATCH, INC. (Attachments: # 1 Declaration of Zachary B. Corrigan in support of FWW's Motion for Leave to File the Proposed First Amended Complaint and Exhibits, including the Proposed First Amended Complaint, # 2 Declaration Anthony Corbo and Exhibits, # 3 Text of Proposed Order)(Corrigan, Zachary) (Entered: 10/18/2017)
2017-10-2413MOTION for Summary Judgment by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE (Attachments: # 1 Statement of Facts, # 2 Declaration Arianne Perkins, # 3 Text of Proposed Order)(Yee, Marsha) (Entered: 10/24/2017)
2017-10-3014MOTION to Stay Stay Any Further Dispositive-Motion Briefing by FOOD & WATER WATCH, INC. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Zachary B. Corrigan and Exhibits 1-2)(Corrigan, Zachary) (Entered: 10/30/2017)
2017-10-31MINUTE ORDER granting 14 motion to stay briefing. The Court hereby suspends further briefing on 13 defendants' motion for summary judgment while plaintiff's 12 motion for leave to file an amended complaint is under advisement. Once the Court rules on plaintiff's motion, it will set a schedule for further briefing. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/31/2017. (lcabj2) (Entered: 10/31/2017)
2017-11-0115Memorandum in opposition to re 12 MOTION for Leave to File Proposed First Amended Complaint filed by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Declaration Arianne Perkins, # 2 Text of Proposed Order)(Yee, Marsha) (Entered: 11/01/2017)
2017-11-0816REPLY to opposition to motion re 12 MOTION for Leave to File Proposed First Amended Complaint filed by FOOD & WATER WATCH, INC.. (Attachments: # 1 Declaration of Zachary B. Corrigan along with Exhibits)(Corrigan, Zachary) (Entered: 11/08/2017)
2017-12-04Case directly reassigned to Judge Dabney L. Friedrich. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 12/04/2017)
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by FOIA Project Staff