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Case TitleAnimal Legal Defense Fund v. United States Department of Agriculture ("USDA") et al
DistrictNorthern District of California
CityOakland
Case Number4:2017cv03903
Date Filed2017-07-11
Date Closed2018-05-25
JudgeHon. Phyllis J. Hamilton
PlaintiffAnimal Legal Defense Fund
Case DescriptionThe Animal Legal Defense Fund submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning its inspection of Tiger Truck Stop. ALDF also requested expedited processing. The agency denied its request for expedited processing. ALDF filed an administrative appeal of the denial of expedited processing. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, ALDF filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing

DefendantUnited States Department of Agriculture ("USDA")
DefendantAnimal and Plant Health Inspection Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [34]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-111COMPLAINT against Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA") ( Filing fee $ 400, receipt number 0971-11535308.). Filed byAnimal Legal Defense Fund. (Attachments: # 1 Exhibit A-D, # 2 Civil Cover Sheet)(Liebman, Matthew) (Filed on 7/11/2017) (Entered: 07/11/2017)
2017-07-112Proposed Summons. (Liebman, Matthew) (Filed on 7/11/2017) (Entered: 07/11/2017)
2017-07-113Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/25/2017. (bwS, COURT STAFF) (Filed on 7/11/2017) (Entered: 07/11/2017)
2017-07-124Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/3/2017. Initial Case Management Conference set for 10/10/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (jmlS, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-125Summons Issued as to Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"), U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-126MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11540161.) filed by Animal Legal Defense Fund. (Hanneken, Sarah) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-127ORDER by Judge Kandis A. Westmore granting 6 Motion for Pro Hac Vice re Sarah Kathryn Hanneken. (kawlc2, COURT STAFF) (Filed on 7/12/2017) (Entered: 07/12/2017)
2017-07-188MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11553548.) filed by Animal Legal Defense Fund. (Attachments: # 1 Exhibit Certificate of Good Standing)(Eliseuson, Anthony) (Filed on 7/18/2017) (Entered: 07/18/2017)
2017-07-189ORDER by Judge Kandis A. Westmore granting 8 Motion for Pro Hac Vice re Anthony T. Eliseuson. (kawlc2, COURT STAFF) (Filed on 7/18/2017) (Entered: 07/18/2017)
2017-07-2410CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Animal Legal Defense Fund.. (Hanneken, Sarah) (Filed on 7/24/2017) (Entered: 07/24/2017)
2017-07-2511CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (sisS, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-2512ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. Signed by Executive Committee on 7/25/2017. (jmlS, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-2513ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/5/2017. Initial Case Management Conference set for 10/12/2017 at 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 7/25/17. (kcS, COURT STAFF) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-2514CERTIFICATE OF SERVICE by Animal Legal Defense Fund re 5 Summons Issued as to USA, 4 Initial Case Management Scheduling Order with ADR Deadlines, 3 Case Assigned by Intake,,, 1 Complaint, 2 Proposed Summons (Hanneken, Sarah) (Filed on 7/25/2017) (Entered: 07/25/2017)
2017-07-2815Certificate of Interested Entities by Animal Legal Defense Fund (Hanneken, Sarah) (Filed on 7/28/2017) (Entered: 07/28/2017)
2017-08-1016NOTICE of Appearance by Daniel Halainen (Halainen, Daniel) (Filed on 8/10/2017) (Entered: 08/10/2017)
2017-08-1017ANSWER to Complaint byAnimal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). (Halainen, Daniel) (Filed on 8/10/2017) (Entered: 08/10/2017)
2017-08-1818NOTICE of Appearance of Counsel by Animal Legal Defense Fund. (Okun, Justin) (Filed on 8/18/2017) Modified on 8/21/2017 (cjlS, COURT STAFF). (Entered: 08/18/2017)
2017-09-1919STIPULATION WITH [PROPOSED] ORDER Seeking Administrative Relief from ADR Assignment filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"), Animal Legal Defense Fund. (Attachments: # 1 Proposed Order)(Halainen, Daniel) (Filed on 9/19/2017) Modified on 9/20/2017 (cjlS, COURT STAFF). (Entered: 09/19/2017)
2017-09-2020ORDER by Hon. Phyllis J. Hamilton granting 19 Stipulation Seeking Administrative Relief from ADR Assignment. (kcS, COURT STAFF) (Filed on 9/20/2017) (Entered: 09/20/2017)
2017-10-0521JOINT CASE MANAGEMENT STATEMENT filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"), Animal Legal Defense Fund. (Halainen, Daniel) (Filed on 10/5/2017) Modified on 10/6/2017 (cjlS, COURT STAFF). (Entered: 10/05/2017)
2017-10-0522Joint MOTION to Appear by Telephone in Case Management Conference filed by Animal Legal Defense Fund, Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). (Attachments: # 1 Proposed Order)(Okun, Justin) (Filed on 10/5/2017) Modified on 10/6/2017 (cjlS, COURT STAFF). (Entered: 10/05/2017)
2017-10-0623ORDER SCHEDULING TELEPHONIC CASE MANAGEMENT CONFERENCE by Judge Phyllis J. Hamilton granting 22 Motion to Appear by Telephone. Case Management Conference set for 10/12/2017 01:30 PM. (napS, COURT STAFF) (Filed on 10/6/2017) (Entered: 10/06/2017)
2017-10-1224Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Initial Case Management Conference held on 10/12/2017. Motion for Summary Judgment due by 12/6/2017. Opposition/Cross Motion due by 1/10/2018. Reply/Opposition due by 2/7/2018. Reply due by 3/7/18. Motion Hearing set for 3/28/2018 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Judge Phyllis J. Hamilton. Court Reporter: Not Reported. (dtmS, COURT STAFF) (Date Filed: 10/12/2017) (Entered: 10/13/2017)
2017-12-0625MOTION for Summary Judgment filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). Motion Hearing set for 3/28/2018 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Judge Phyllis J. Hamilton. Responses due by 1/10/2018. Replies due by 2/7/2018. (Attachments: # 1 Declaration of LaRima Coleman, # 2 Declaration of Daniel Halainen, # 3 Proposed Order)(Halainen, Daniel) (Filed on 12/6/2017) (Entered: 12/06/2017)
2018-01-1026Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Animal Legal Defense Fund. Motion Hearing set for 3/28/2018 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Judge Phyllis J. Hamilton. Responses due by 1/24/2018. Replies due by 1/31/2018. (Attachments: # 1 Proposed Order)(Okun, Justin) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-1027Declaration of Sarah Hanneken in Support of 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed byAnimal Legal Defense Fund. (Related document(s) 26 ) (Okun, Justin) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-1028Declaration of Justin Okun in Support of 27 Declaration in Support, 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed byAnimal Legal Defense Fund. (Related document(s) 27 , 26 ) (Okun, Justin) (Filed on 1/10/2018) (Entered: 01/10/2018)
2018-01-10Set/Reset Deadlines as to 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . Responses due by 2/7/2018. Replies due by 3/7/2018. (kcS, COURT STAFF) (Filed on 1/10/2018) (Entered: 01/11/2018)
2018-02-0729REPLY (re 25 MOTION for Summary Judgment ) and Opposition/Response (re 26 Plaintiff's Cross-Motion for Summary Judgment) filed byAnimal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). (Halainen, Daniel) (Filed on 2/7/2018) (Entered: 02/07/2018)
2018-03-0730REPLY in Support of 26 Cross MOTION for Summary Judgment filed by Animal Legal Defense Fund. (Attachments: # 1 Declaration of Sarah Hanneken, # 2 Declaration of Justin Okun)(Okun, Justin) (Filed on 3/7/2018) Modified on 3/8/2018 (cjlS, COURT STAFF). (Entered: 03/07/2018)
2018-03-2831Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 2/28/2018 re 26 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Animal Legal Defense Fund, 25 MOTION for Summary Judgment filed by Animal and Plant Health Inspection Service, United States Department of Agriculture ("USDA"). Court Reporter: Raynee Mercado. (kcS, COURT STAFF) (Date Filed: 3/28/2018) (Entered: 03/29/2018)
2018-04-0532MOTION to Withdraw as Attorney For Plaintiff filed by Animal Legal Defense Fund. Responses due by 4/19/2018. Replies due by 4/26/2018. (Attachments: # 1 Proposed Order)(Okun, Justin) (Filed on 4/5/2018) (Entered: 04/05/2018)
2018-04-0633ORDER GRANTING PERMISSION TO WITHDRAW AS COUNSEL FOR PLAINTIFF by Judge Phyllis J. Hamilton granting 32 Motion to Withdraw as Attorney. (kcS, COURT STAFF) (Filed on 4/6/2018) (Entered: 04/06/2018)
2018-05-2534ORDER by Judge Phyllis J. Hamilton granting 25 defendants' Motion for Summary Judgment; denying 26 plaintiff's Motion for Summary Judgment. (pjhlc1, COURT STAFF) (Filed on 5/25/2018) (Entered: 05/25/2018)
2018-05-2535JUDGMENT. Signed by Judge Phyllis J. Hamilton on 5/25/2018. (pjhlc1, COURT STAFF) (Filed on 5/25/2018) (Entered: 05/25/2018)
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by FOIA Project Staff