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Case TitleKingsley Brothers LLC et al v. US Department of Agriculture
DistrictEastern District of Arkansas
CityLittle Rock
Case Number4:2017cv00400
Date Filed2017-06-19
Date ClosedOpen
JudgeJudge J. Leon Holmes
PlaintiffKingsley Brothers LLC
PlaintiffKiman Kingsley
PlaintiffDover Dixon Horne PLLC their Attorneys
Case DescriptionKingsley Brothers, an organic farm operator, submitted two FOIA requests to the Agricultural Marketing Service at the Department of Agriculture for records concerning the agency's decision to revoke the farm's organic certification. In response to its first FOIA request, the agency located 31 pages and disclosed them with redactions under Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). In response to its second FOIA request, the agency identified 424 pages, but withheld all of them under Exemption 7(A) (interference with ongoing investigation or proceeding). Kingsley Brothers filed administrative appeals of both responses, but after hearing nothing further from the agency, Kingsley Brothers filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Department of Agriculture Agricultural Marketing Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-191COMPLAINT FOR DECLARATORY JUDGMENT AND FOR INJUNCTIVE RELIEF against US Department of Agriculture filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley. Summons issued and returned to counsel. (Fee of $400 paid, Receipt #LIT062407.) (Attachments: # 1 Civil Cover Sheet) (ljb) (Entered: 06/19/2017)
2017-07-212ANSWER to 1 Complaint, by US Department of Agriculture.(McCord, Stacey) (Entered: 07/21/2017)
2017-07-263AFFIDAVIT of Service of Summons & Complaint , filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley. All Defendants. (Attachments: # 1 Exhibit Letter & USPO Return Receipt)(Allison, Mark) (Entered: 07/26/2017)
2017-07-264AFFIDAVIT of Service of Summons & Complaint , filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley. All Defendants. (Attachments: # 1 Exhibit Letter & USPO Return Receipt)(Allison, Mark) (Entered: 07/26/2017)
2017-07-275ORDER: The Court hereby schedules a Rule 16(b) Conference in this matter for 9:30 A.M. on Tuesday, 8/1/2017, in Courtroom #4-D, Richard Sheppard Arnold United States Courthouse, in Little Rock, Arkansas. Signed by Judge J. Leon Holmes on 7/27/2017. (ljb) (Entered: 07/27/2017)
2017-08-016(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge J. Leon Holmes: RULE 16(B) SCHEDULING CONFERENCE held on Tuesday, 8/1/2017. Mark Allison, TJ Lawhon present for plaintiffs; AUSA Stacey McCord present for defendant. Parties to confer and present Court with proposed deadlines for motions and responses. (Court Reporter Genie Power) (cdw) (Entered: 08/01/2017)
2017-10-257ORDER giving notice that this action will be dismissed without prejudice on 11/1/2017, unless something is filed before then to start this case moving toward a conclusion. Signed by Judge J. Leon Holmes on 10/25/2017. (ljb) (Entered: 10/25/2017)
2017-10-268Joint MOTION for Extension of Time to File Status Report by All Plaintiffs (Allison, Mark) (Entered: 10/26/2017)
2017-10-269ORDER granting the 8 joint motion to extend the time for submitting a status report. The parties must file a report on or before 12/1/2017, stating whether further action is needed in this case and, if so, proposing a scheduling order. Signed by Judge J. Leon Holmes on 10/26/2017. (ljb) (Entered: 10/26/2017)
2017-12-0110STATUS REPORT /On Behalf of all Parties by US Department of Agriculture. (McCord, Stacey) (Entered: 12/01/2017)
2017-12-0111ORDER directing the parties to file a proposed scheduling order on or before 12/15/2017. Signed by Judge J. Leon Holmes on 12/1/2017. (ljb) (Entered: 12/01/2017)
2017-12-1412NOTICE by US Department of Agriculture /Proposed Scheduling Order By All Parties (McCord, Stacey) (Entered: 12/14/2017)
2018-01-0513MOTION to Amend/Correct Complaint by All Plaintiffs (Attachments: # 1 Document Draft Amended Complaint, # 2 Exhibit Ex. 1-Notice of Proposed Revocation, # 3 Exhibit Ex. 2-Notice of Appeal, # 4 Exhibit Ex. 3-J. Ragonesi Letter, # 5 Exhibit Ex. 4-FOIA Letter to USDA, # 6 Exhibit Ex. 5-Final Response, # 7 Exhibit Ex. 6-USDA-AMS FOIA Appeal Letter, # 8 Exhibit Ex. 7-Ketter to Roger Simonds-lab testing, # 9 Exhibit Ex. 8-Acknowledgment of FOIA Request, # 10 Exhibit Ex. 9-March 2, 2017 Final Response, # 11 Exhibit Ex. 10-FOIA Appeal Letter (2017-AMS-01450-F), # 12 Exhibit Ex. 11-Letter-Response to AMS Supplemental Disclosure, # 13 Exhibit Ex. 12-Letter to Stacy McCord-Response to AMS Supplemental Disclosure, # 14 Exhibit Ex. 13-Response of McCord to DDH Response top AMS Supplemental Disclosure)(Allison, Mark) (Entered: 01/05/2018)
2018-01-0514ORDER granting 13 plaintiffs' motion for leave to file first amended and supplemental complaint. Plaintiffs must file the first amended and supplemental complaint within seven days from the entry of this Order. Signed by Judge J. Leon Holmes on 1/5/2018. (ljb) (Entered: 01/05/2018)
2018-01-0515AMENDED COMPLAINT against US Department of Agriculture filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley (Attachments: # 1 Exhibit Ex. 1 - Notice of Proposed Revocation, # 2 Exhibit Ex. 2 - Kingsley Notice of Appeal, # 3 Exhibit Ex. 3 - J. Ragonesi Letter, # 4 Exhibit Ex. 4 - FOIA Letter to USDA, # 5 Exhibit Ex. 5 - Final Response (signed), # 6 Exhibit Ex. 6 - USDA-AMS FOIA Appeal Letter, # 7 Exhibit Ex. 7 - Letter to Roger Simonds-Lab Testing, # 8 Exhibit Ex. 8 - Acknowledgment of FOIA Request, # 9 Exhibit Ex. 9 - Final Response (March 2), # 10 Exhibit Ex. 10 - FOIA Appeal Letter (2017-AMS-01450-F), # 11 Exhibit Ex. 11 Letter-AMS Supplemental Disclosure, # 12 Exhibit Ex. 12 - Letter to Stacy McCord (Response to AMS Supplemental Disclosure), # 13 Exhibit Ex. 13 - McCord Reply to DDH Response to AMS Supplemental Disclosure)(Allison, Mark) (Docket text modified on 1/8/2018 to indicate the document is filed against Defendant.)(thd). (Entered: 01/05/2018)
2018-01-08NOTICE OF DOCKET CORRECTION re: 15 Amended Complaint. CORRECTION: The docket text was modified to indicate the document is filed against Defendant. (thd) (Entered: 01/08/2018)
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by FOIA Project Staff