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Case TitleHUMANE SOCIETY OF THE UNITED STATES v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00646
Date Filed2018-03-21
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffHUMANE SOCIETY OF THE UNITED STATES
Case DescriptionThe Humane Society of the United States submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning inspection reports for the Natural Bridge Zoo in Natural Bridge, Virginia. HSUS submitted a second FOIA request for inspection reports for four other family-operated facilities. The agency acknowledged receipt of the requests. The agency provided 19 pages in response to the first FOIA request, with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). HSUS filed administrative appeals for both requests. The agency upheld its initial decisions and told HSUS that it now considered family-operated facilities to have a heightened privacy interest in personal information. HSUS then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantSONNY PURDUE in his official capacity as Secretary of the United States Department of Agriculture
DefendantSONNY PURDUE in his official capacity as Secretary of the United States Department of Agriculture
TERMINATED: 06/14/2018
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-211COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5383001) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Friend, Laura) (Entered: 03/21/2018)
2018-03-212Corporate Disclosure Statement by HUMANE SOCIETY OF THE UNITED STATES. (Friend, Laura) (Entered: 03/21/2018)
2018-03-21Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 03/23/2018)
2018-03-263SUMMONS (5) Issued Electronically as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PURDUE, UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (tth) (Entered: 03/26/2018)
2018-04-114RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/2/2018. (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 04/11/2018)
2018-04-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/2/2018. (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 04/11/2018)
2018-04-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL AND PLANT HEALTH INSPECTION SERVICE served on 4/2/2018 (Attachments: # 1 Exhibit Receipt and Tracking)(Friend, Laura) (Entered: 04/11/2018)
2018-04-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 3/30/2018 (Attachments: # 1 Exhibit Receipt and Tracking)(Friend, Laura) (Entered: 04/11/2018)
2018-04-118RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SONNY PURDUE served on 3/30/2018 (Attachments: # 1 Exhibit Receipts of Mailing)(Friend, Laura) (Entered: 04/11/2018)
2018-04-119STANDING 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 4/11/2018. (lctnm2) (Entered: 04/11/2018)
2018-04-2510NOTICE of Appearance by Joshua M. Kolsky on behalf of ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PURDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Kolsky, Joshua) (Entered: 04/25/2018)
2018-04-2511Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PURDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/25/2018)
2018-04-26MINUTE ORDER. The Defendants' 11 Unopposed Motion for Extension of Time is hereby GRANTED. The Defendants shall file their answer or other responsive pleading on or before June 1, 2018. Signed by Judge Trevor N. McFadden on 4/26/2018. (lctnm2) (Entered: 04/26/2018)
2018-04-26Set/Reset Deadlines: Defendants' response to Complaint due by 6/1/2018. (hmc) (Entered: 04/26/2018)
2018-05-3112WITHDRAWN pursuant to notice filed on 6/14/2018.....MOTION to Dismiss in Part by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PURDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) Modified on 6/14/2018 (hmc). (Entered: 05/31/2018)
2018-06-1413NOTICE of Voluntary Dismissal by HUMANE SOCIETY OF THE UNITED STATES (Friend, Laura) (Entered: 06/14/2018)
2018-06-1414NOTICE OF WITHDRAWAL OF MOTION by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PURDUE, UNITED STATES DEPARTMENT OF AGRICULTURE re 12 MOTION to Dismiss in Part (Kolsky, Joshua) (Entered: 06/14/2018)
2018-06-15MINUTE ORDER. Upon consideration of the Plaintiff's 13 Notice of Voluntary Dismissal In Part, and the Government's 14 Notice withdrawing its 12 Motion to Dismiss In Part, Count Four of the 4 Complaint is DISMISSED without prejudice, and all claims against U.S. Secretary of Agriculture Sonny Perdue are DISMISSED without prejudice. The Government shall file an answer on or before June 28, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/15/2018. (lctnm2) (Entered: 06/15/2018)
2018-06-18Set/Reset Deadlines: Government's answer due by 6/28/2018. (hmc) (Entered: 06/18/2018)
2018-06-2815ANSWER to Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE.(Kolsky, Joshua) (Entered: 06/28/2018)
2018-07-1716NOTICE of Appearance by Kimberly Denise Ockene on behalf of All Plaintiffs (Ockene, Kimberly) (Entered: 07/17/2018)
2018-07-2517Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Friend, Laura) (Entered: 07/25/2018)
2018-07-26MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the Court adopts the briefing scheduled proposed therein. Defendants shall file their Motion for Summary Judgment by September 7, 2018; Plaintiff shall file its Response to Defendants' Motion for Summary Judgment, and its Cross-Motion for Summary Judgment by November 2, 2018; Defendants shall file their Response to Plaintiff's Cross-Motion for Summary Judgment, and Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment by November 29, 2018; and Plaintiff shall file its Reply to Defendants' Response to Plaintiff's Cross-Motion for Summary Judgment by December 20, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/26/2018. (lctnm2) (Entered: 07/26/2018)
2018-07-27Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 9/7/2018. Plaintiff's Response to Defendant's Motion for Summary Judgment and its Cross-Motion due by 11/2/2018. Defendants' Response to Plaintiff's Cross-Motion and Reply in support of its Motion for Summary Judgment due by 11/29/2018. Plaintiff's Reply in support of its Cross-Motion due by 12/20/2018. (hmc) (Entered: 07/27/2018)
2018-09-0718MOTION for Summary Judgment by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16)(Kolsky, Joshua) (Entered: 09/07/2018)
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by FOIA Project Staff
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