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Case TitleSeay v. United States Department of Agriculture ("USDA") et al
DistrictNorthern District of Mississippi
CityOxford Division
Case Number3:2018cv00026
Date Filed2018-02-01
Date ClosedOpen
JudgeDistrict Judge Michael P. Mills
PlaintiffClant M. Seay
Case DescriptionClant Seavy, an Internet videographer covering issues of animal cruelty to Tennessee Walking Horses, submitted a FOIA request to the Department of Agriculture for records concerning violations of the Horse Protection Act. The agency denied Seavy's request under Exemption 7(A) (interference with ongoing investigation or proceeding). Seavy filed an administrative appeal, but after hearing nothing further from the agency, Seavy filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture ("USDA") 1400 Independence Ave., S. W. Washington, D.C. 20250
DefendantAnimal and Plant Health Inspection Service ("APHIS") 4700 River Road Riverdale, MD 20737
DefendantAnimal and Plant Health Inspection Service ("APHIS") 4700 River Road, Riverdale, MD 20737
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Opinion/Order [32]
Opinion/Order [43]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-011COMPLAINT, Filing fee $ 400, receipt number 0537-1516280, filed by Clant M. Seay. (Attachments: # 1 Exhibit A Credentials, # 2 Exhibit B Article, # 3 Exhibit C Order, # 4 Exhibit D Video, # 5 Exhibit E E-mail, # 6 Exhibit F FOIA Request, # 7 Exhibit G Letter, # 8 Exhibit H Order, # 9 Exhibit I Order, # 10 Exhibit J Records, # 11 Exhibit K Article, # 12 Exhibit L E-mails, # 13 Exhibit M E-mails, # 14 Exhibit N E-mails, # 15 Exhibit O Letter, # 16 Civil Cover Sheet) (tab) (Additional attachment(s) added on 2/2/2018: # 17 Exhibit P Letter dated 11/17/17) (tab).
2018-02-012Summons Issued as to Animal and Plant Health Inspection Service ("APHIS"), United States Department of Agriculture ("USDA"), U.S. Attorney and U.S. Attorney General. E-mailed to attorney for service. (tab)
2018-02-01NOTICE OF ASSIGNMENT. Case assigned to Judge Michael P Mills and Magistrate Judge Jane M Virden. (tab)
2018-02-093NOTICE OF CONVENTIONAL FILING of Disk of Exhibit D by Clant M. Seay on behalf of Clant M. Seay. (Seay, Clant)
2018-02-09Remark: Video disk labeled as Exhibit D received and on file in Oxford clerk's office re 3 Notice of Conventional Filing (jtm)
2018-02-164SUMMONS Returned Executed by Clant M. Seay on behalf of Clant M. Seay Animal and Plant Health Inspection Service ("APHIS") served on 2/12/2018; United States Department of Agriculture ("USDA") served on 2/12/2018. (Seay, Clant)
2018-02-165SUMMONS Returned Executed by Clant M. Seay on behalf of Clant M. Seay Animal and Plant Health Inspection Service ("APHIS") served on 2/9/2018; United States Department of Agriculture ("USDA") served on 2/9/2018. (Seay, Clant)
2018-02-166SUMMONS Returned Executed by Clant M. Seay on behalf of Clant M. Seay United States Department of Agriculture ("USDA") served on 2/15/2018. (Seay, Clant)
2018-02-167SUMMONS Returned Executed by Clant M. Seay on behalf of Clant M. Seay Animal and Plant Health Inspection Service ("APHIS") served on 2/12/2018. (Seay, Clant)
2018-02-268MOTION for Preliminary Injunction with request it be expedited by Clant M. Seay. (Attachments: # 1 Exhibit A (Affidavit)) (Seay, Clant)
2018-02-269MEMORANDUM IN SUPPORT re 8 MOTION for Preliminary Injunction with request it be expedited . (Seay, Clant)
2018-02-2710ORDER SETTING HEARING on 8 MOTION for Preliminary Injunction with request it be expedited filed by Clant M. Seay. Hearing set for 3/22/2018 at 02:00 PM in Oxford Courtroom 3 East before District Judge Michael P. Mills. Signed by District Judge Michael P. Mills on 2/27/2018. (lpm)
2018-02-2711NOTICE of Hearing on Motion 8 MOTION for Preliminary Injunction with request it be expedited : Motion Hearing set for 3/22/2018 2:00 PM in Oxford Courtroom 3 East before District Judge Michael P. Mills. (spw)
2018-03-1512NOTICE of Attorney Appearance by Samuel David Wright on behalf of United States Department of Agriculture ("USDA") (Wright, Samuel)
2018-03-1513RESPONSE in Opposition re 8 MOTION for Preliminary Injunction with request it be expedited filed by United States Department of Agriculture ("USDA"). (Wright, Samuel)
2018-03-2014NOTICE of Attorney Appearance by Stuart Davis on behalf of All Defendants (Davis, Stuart)
2018-03-2115RESPONSE in Opposition re 8 MOTION for Preliminary Injunction with request it be expedited Supplemental filed by United States Department of Agriculture ("USDA"). (Attachments: # 1 Exhibit) (Wright, Samuel)
2018-03-2116NOTICE OF ISSUANCE of subpoenas upon USDA and Animal and Health Inspection Service (tab) Modified on 3/22/2018 (jla).
2018-03-2117NOTICE Cancelling hearing set 3/22/2018 on the Motion for Preliminary Injunction. (spw)
2018-03-2118MOTION for Sanctions by Clant M. Seay. (Seay, Clant)
2018-03-2919RESPONSE in Opposition re 18 MOTION for Sanctions filed by Animal and Plant Health Inspection Service ("APHIS"), United States Department of Agriculture ("USDA"). (Wright, Samuel)
2018-03-2920MEMORANDUM IN SUPPORT re 19 Response in Opposition to Motion re 18 MOTION for Sanctions . (Wright, Samuel) Modified on 8/13/2018 (jla).
2018-04-0621ORDER finding as moot 8 Motion for Preliminary Injunction. Signed by District Judge Michael P. Mills on 4/6/2018. (lpm)
2018-04-0922MOTION for Extension of Time to File Response/Reply as to 20 Memorandum in Support, 19 Response in Opposition to Motion re 18 MOTION for Sanctions by Clant M. Seay. (Seay, Clant) Modified on 8/13/2018 (jla).
2018-04-10TEXT ONLY ORDER granting 22 Motion for Extension of Time to File Response/Reply re 22 MOTION for Extension of Time to File Response/Reply as to 20 Memorandum in Support, 19 Response in Opposition to Motion for Sanctions Replies now due by 4/13/2018 in as much as plaintiff has been granted an additional 8 days. Signed by Magistrate Judge Jane M. Virden on 4/10/18. (JMV)
2018-04-1323REPLY to Response to Motion re 18 MOTION for Sanctions filed by Clant M. Seay. (Seay, Clant)
2018-04-1324MEMORANDUM IN SUPPORT re 23 Reply to Response to Motion re 18 MOTION for Sanctions filed by Clant M. Seay. (Seay, Clant) Modified on 8/13/2018 (jla).
2018-04-1925NOTICE by Samuel David Wright on behalf of Animal and Plant Health Inspection Service ("APHIS"), United States Department of Agriculture ("USDA") of Additional Authorities and Pending Appeal (Wright, Samuel)
2018-05-1526INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 4/1/2019 10:00 AM before Magistrate Judge Jane M. Virden. Confidential memos and jointly proposed Case Management Order due no later than 14 days prior to the conference. Signed by Magistrate Judge Jane M. Virden on 5/15/2018. (irw)
2018-05-3127NOTICE of Hearing: Evidentiary Hearing set for 6/12/2018 10:00 AM in Greenville Courtroom 2 before Magistrate Judge Jane M. Virden. (irw)
2018-06-0528MOTION to Continue Evidentiary Hearing by Clant M. Seay. (Seay, Clant)
2018-06-08TEXT ONLY ORDER granting 28 Motion to Continue. The evidentiary hearing will be reset by separate notice. No further written order on the motion will issue from the Court. Signed by Magistrate Judge Jane M. Virden on 6/8/18. (ncb)(no document attached)
2018-06-0829NOTICE of Hearing: Evidentiary Hearing RESET for 6/26/2018 02:00 PM in Greenville Courtroom 2 before Magistrate Judge Jane M. Virden. (irw)
2018-06-1830PROOF OF SERVICE OF SUBPOENA on USDA-APHIS served on Tonya Woods on 6-11-2018 by Clant M. Seay on behalf of Clant M. Seay. (Seay, Clant)
2018-06-1831PROOF OF SERVICE OF SUBPOENA for USDA served on Jean Stephens on 6-11-2018 by Clant M. Seay on behalf of Clant M. Seay. (Seay, Clant)
2018-06-22JOINT ORAL MOTION to hold 6/26/18 evidentiary hearing telephonically by Animal and Plant Health Inspection Service ("APHIS"), Clant M. Seay, United States Department of Agriculture ("USDA"). (ncb)
2018-06-2232ORDER granting joint, oral Motion to hold 6/26/18 evidentiary hearing telephonically. Signed by Magistrate Judge Jane M. Virden on 6/22/18. (ncb)
2018-06-2533NOTICE of Hearing: Telephonic Evidentiary Hearing RESET for 6/26/2018 02:00 PM before Magistrate Judge Jane M. Virden. Defendants' counsel must arrange and initiate the call to 662-390-4356. (irw)
2018-06-2634Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Evidentiary Hearing held on 6/26/2018 *Audio Recorded during Proceeding. (Court Reporter Digital) (irw)
2018-06-2635NOTICE of Hearing: Evidentiary Hearing set for 7/5/2018 10:00 AM before Magistrate Judge Jane M. Virden. Defendants' counsel must arrange and initiate the call to 662-390-4356. (irw)
2018-07-05ORE TENUS MOTION for Permission to File Documents Conventionally by Clant M. Seay. (bfg)
2018-07-05TEXT ONLY ORDER granting Ore Tenus Motion for Permission to File Documents Conventionally. No further written order shall issue from the court. Signed by Magistrate Judge Jane M. Virden on 7/5/18. (bfg)(no document attached)
2018-07-0536Supplemental RESPONSE in Support re 18 MOTION for Sanctions filed by Clant M. Seay. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (jtm)
2018-07-0537Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Evidentiary Hearing held on 7/5/2018 *Audio Recorded during Proceeding. (irw)
2018-07-1138Supplement to Motion re 18 MOTION for Sanctions filed by Clant M. Seay. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Email - MS State Bar, # 3 Exhibit Article - BillyGoBoy.Com) (Seay, Clant)
2018-09-0539REPORT AND RECOMMENDATIONS re 18 MOTION for Sanctions filed by Clant M. Seay. Objections to R&R due by 9/19/2018. Signed by Magistrate Judge Jane M. Virden on 9/5/18. (ncb)
2018-09-1740MOTION for Extension of Time to File Response to Magistrate Judge's Report and Recommendation by Clant M. Seay. (Seay, Clant)
2018-09-1941ORDER granting 40 Motion for Extension of Time. Signed by District Judge Michael P. Mills on 9/18/2018. (lpm)
2018-09-19Set/Reset Deadlines as to Objections to 39 REPORT AND RECOMMENDATIONS re 18 MOTION for Sanctions filed by Clant M. Seay. Responses due by 10/10/2018 (lpm)
2018-10-04Set/Reset Deadlines: Objections to R&R due by 10/10/2018 (jla)
2018-10-1042MOTION for Extension of Time to File Objections re 39 Report and Recommendation by Clant M. Seay. (Seay, Clant) Modified on 10/12/2018 (jla).
2018-10-2243ORDER ADOPTING REPORT AND RECOMMENDATIONS and Granting in Part and Denying in Part 18 Motion for Sanctions filed by Clant M. Seay. Signed by District Judge Michael P. Mills on 10/22/2018. (lpm)
2018-10-2244ORDER dismissing 42 Motion for Extension of Time. Signed by District Judge Michael P. Mills on 10/22/2018. (lpm)
2018-11-07NOTICE Cancelling Case Management Conference re 26 Initial Order - Rule 16.1; case stayed. (No document attached) (irw)
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by FOIA Project Staff
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