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Case TitleHUMANE SOCIETY OF THE UNITED STATES v. UNITED STATES DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02570
Date Filed2017-11-30
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffHUMANE SOCIETY OF THE UNITED STATES
Case DescriptionThe Humane Society submitted a FOIA request to the Department of Agriculture for records concerning funding of animal production facilities by the Farm Services Agency. The agency provided several partial responses, including a heavily redacted document containing 142 pages. The agency claimed its redactions were made under Exemption 6 (invasion of privacy) and Exemption 3 (other statutes). The Humane Society filed an administrative appeal. After hearing nothing further from the agency, the Humane Society filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantFARM SERVICE AGENCY
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

2017-11-301COMPLAINT against FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-5228052) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Agency - USDA, # 3 Summons Agency - FSA, # 4 Summons Attorney General, # 5 Summons US Attorney for DC)(Lutz, Daniel) (Entered: 11/30/2017)
2017-11-302Corporate Disclosure Statement by HUMANE SOCIETY OF THE UNITED STATES. (Lutz, Daniel) (Entered: 11/30/2017)
2017-12-043REQUEST FOR SUMMONS TO ISSUE with Corrected Summons Attached filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Corrected USDA Summons, # 2 Corrected Farm Service Agency Summons, # 3 Corrected Attorney General Summons, # 4 Corrected US Attorney Summons)(Lutz, Daniel) (Entered: 12/04/2017)
2017-12-05Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 12/05/2017)
2017-12-054SUMMONS (4) Issued Electronically as to FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/05/2017)
2017-12-155STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 12/15/2017. (lctnm3) (Entered: 12/15/2017)
2017-12-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/11/2018. (Lutz, Daniel) (Entered: 12/18/2017)
2017-12-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/12/2017. (Lutz, Daniel) (Entered: 12/18/2017)
2017-12-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 12/11/2017 (Lutz, Daniel) (Entered: 12/18/2017)
2018-01-119ANSWER to 1 Complaint by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE.(Whitaker, Claire) Modified to add link on 1/12/2018 (znmw). (Entered: 01/11/2018)
2018-01-12MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before February 2, 2018. Signed by Judge Trevor N. McFadden on 1/12/2018. (lctnm3) (Entered: 01/12/2018)
2018-01-12Set/Reset Deadlines: Parties shall meet and confer and file a Joint Status Report by 2/2/2018. (hmc) (Entered: 01/12/2018)
2018-01-3110Consent MOTION for Extension of Time to file Joint Status Report by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/31/2018)
2018-02-01MINUTE ORDER granting Defendants' 10 Consent Motion for Extension of Time. The parties shall now file a Joint Status Report on or before February 16, 2018. The parties are advised that further requests for an extension of time for this filing will be disfavored, and are directed to comply with the Court's Standing Order, including the provisions governing motions for extensions of time. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/1/2018. (lctnm3) (Entered: 02/01/2018)
2018-02-01Set/Reset Deadlines: Joint Status Report due by 2/16/2018. (hmc) (Entered: 02/01/2018)
2018-02-1611Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/16/2018)
2018-02-1612ORDER setting schedule for proceedings in this case. See Order for details. Signed by Judge Trevor N. McFadden on 2/16/2018. (lctnm3) Modified on 2/21/2018 (hmc). (Entered: 02/16/2018)
2018-02-20Set/Reset Deadlines: Joint Status Report due by 4/27/2018. (hmc) (Entered: 02/20/2018)
2018-04-0513NOTICE OF SUBSTITUTION OF COUNSEL by Peter A. Brandt on behalf of All Plaintiffs Substituting for attorney Daniel Lutz (Brandt, Peter) (Entered: 04/05/2018)
2018-04-2714Second STATUS REPORT (Joint) by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 04/27/2018)
2018-04-30MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall, before or on May 29, 2018, file a further Joint Status Report proposing a schedule for proceeding in this matter, including, if necessary, a briefing schedule for dispositive motions. Signed by Judge Trevor N. McFadden on 4/30/2018. (lctnm3) (Entered: 04/30/2018)
2018-04-30Set/Reset Deadlines: A further Joint Status Report due by 5/29/2018. (hmc) (Entered: 04/30/2018)
2018-05-2215Consent MOTION for Extension of Time to File the Next Joint Status Report by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Haynes, Fred) (Entered: 05/22/2018)
2018-05-23MINUTE ORDER granting Defendants' 15 Consent Motion for Extension of Time. The parties' Joint Status Report shall now be due before or on June 13, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/22/2018. (lctnm3) (Entered: 05/23/2018)
2018-05-23Set/Reset Deadlines: Joint Status Report due by 6/13/2018. (hmc) (Entered: 05/23/2018)
2018-06-1316Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Brandt, Peter) (Entered: 06/13/2018)
2018-06-13MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report before or on July 13, 2018. It is also ORDERED that prior to signing any future filings on behalf of the Defendants, Ms. Hendry shall enter an appearance in this matter. Signed by Judge Trevor N. McFadden on 6/13/2018. (lctnm3) (Entered: 06/13/2018)
2018-06-14Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (hmc) (Entered: 06/14/2018)
2018-07-1317Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/13/2018)
2018-07-1718SCHEDULING ORDER setting briefing schedule in response to parties' 17 Joint Status Report and Proposed Order. See attached order for details. Signed by Judge Trevor N. McFadden on 07/17/2018. (lctnm3) (Entered: 07/17/2018)
2018-07-17Set/Reset Deadlines: Defendants' motion for summary judgment due by 9/17/2018. Plaintiff's opposition to Defendants' motion for summary judgment and cross-motion due by 10/17/2018. Defendants' opposition to Plaintiff's cross-motion and reply in support of their motion for summary judgment due by 10/31/2018. Plaintiff's reply in support of its cross-motion due by 11/13/2018. (hmc) (Entered: 07/17/2018)
2018-09-1119Joint MOTION for Extension of Time to File Summary Judgment Briefs by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) (Entered: 09/11/2018)
2018-09-11MINUTE ORDER: Upon consideration of the parties' 19 Joint Motion to Amend Briefing Schedule, it is hereby ORDERED that: (1) Defendants' Motion for Summary Judgment shall be filed on or before November 1, 2018; (2) Plaintiff's opposition to Defendants' motion and Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before December 3, 2018; (3) Defendants' opposition to Plaintiff's cross-motion and Defendants' reply in support of their motion shall be filed on or before December 19, 2018; and (4) Plaintiff's reply shall be filed on or before January 16, 2019. Signed by Judge Trevor N. McFadden on 9/11/2018. (lctnm3) (Entered: 09/11/2018)
2018-09-12Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 11/1/2018. Plaintiff's opposition Defendants' Motion for Summary Judgment and Cross-Motion due by 12/3/2018. Defendants' reply in support of their Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 12/19/2018. Plaintiff's reply in support of its Cross-Motion due by 1/16/2019. (hmc) (Entered: 09/12/2018)
2018-09-1820NOTICE of Appearance by Margaret E. Robinson on behalf of HUMANE SOCIETY OF THE UNITED STATES (Robinson, Margaret) (Entered: 09/18/2018)
2018-10-2421AMENDED COMPLAINT against All Defendants filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Exhibit redline comparison of the original and amended complaint)(Brandt, Peter) (Entered: 10/24/2018)
2018-10-2422NOTICE of Filing of First Amended Complaint by HUMANE SOCIETY OF THE UNITED STATES re 21 Amended Complaint (Robinson, Margaret) (Entered: 10/24/2018)
2018-10-2923Joint MOTION to Modify the Briefing Schedule re Summary Judgment Motion by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) Modified event title on 10/30/2018 (znmw). (Entered: 10/29/2018)
2018-10-30MINUTE ORDER: Upon consideration of the parties' 23 Joint Motion to Amend Briefing Schedule, it is hereby ORDERED that (1) Defendants' motion for summary judgment shall be filed on or before December 11, 2018; (2) Plaintiff's opposition and any cross-motion shall be filed on or before January 11, 2019; (3) Defendants' reply and opposition to any cross-motion shall be filed on or before January 25, 2019; and (4) Plaintiff's reply shall be filed on or before February 8, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/30/2018. (lctnm3) (Entered: 10/30/2018)
2018-10-30Set/Reset Deadlines: Defendants' motion for summary judgment due by 12/11/2018. Plaintiff's opposition to Defendants' motion for summary judgment and cross-motion due by 1/11/2019. Defendants' reply and opposition to any cross-motion due by 1/25/2019. Plaintiff's reply in support of its cross-motion due by 2/8/2019. (hmc) (Entered: 10/30/2018)
2018-11-0724ANSWER to 21 Amended Complaint by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE.(Hendry, Melanie) (Entered: 11/07/2018)
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