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Case TitleAmerican Society for the Prevention of Cruelty to Animals v. The Animal and Plant Health Inspection Service et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv04559
Date Filed2018-05-23
Date ClosedOpen
JudgeJudge George B. Daniels
PlaintiffAmerican Society for the Prevention of Cruelty to Animals
Case DescriptionThe American Society for the Prevention of Cruelty to Animals submitted FOIA requests to the Animal and Plant Health Inspection Service for records concerning photographs and inspectors notes in connection with the investigation of dog breeders. The agency acknowledged receipt of the requests. In its final response, the agency withheld records on the basis of Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records), and Exemption 7(A) (interference with ongoing investigation or proceeding). The ASPCA filed administrative appeals of the agency's decisions but after hearing nothing more from the agency, the ASPCA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantThe Animal and Plant Health Inspection Service
DefendantThe United States Department of Agriculture
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-231COMPLAINT against The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Filing Fee $ 400.00, Receipt Number 0208-15105439)Document filed by American Society for the Prevention of Cruelty to Animals.(Kennelly, Kaitland) (Entered: 05/23/2018)
2018-05-232CIVIL COVER SHEET filed. (Kennelly, Kaitland) (Entered: 05/23/2018)
2018-05-233REQUEST FOR ISSUANCE OF SUMMONS as to The Animal and Plant Health Inspection Service, re: 1 Complaint,. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 05/23/2018)
2018-05-234REQUEST FOR ISSUANCE OF SUMMONS as to The United States Department of Agriculture, re: 1 Complaint,. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 05/23/2018)
2018-05-235RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Society for the Prevention of Cruelty to Animals.(Kennelly, Kaitland) (Entered: 05/23/2018)
2018-05-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pne) (Entered: 05/24/2018)
2018-05-24Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 05/24/2018)
2018-05-24Case Designated ECF. (pne) (Entered: 05/24/2018)
2018-05-246LETTER MOTION for Leave to File Correct Complaint by filing Omitted Exhibits addressed to Judge George B. Daniels from Kaitland M. Kennelly dated May 24, 2018. Document filed by American Society for the Prevention of Cruelty to Animals.(Kennelly, Kaitland) (Entered: 05/24/2018)
2018-05-247ELECTRONIC SUMMONS ISSUED as to The Animal and Plant Health Inspection Service. (pne) (Entered: 05/24/2018)
2018-05-248ELECTRONIC SUMMONS ISSUED as to The United States Department of Agriculture. (pne) (Entered: 05/24/2018)
2018-05-25***DELETED DOCUMENT. Deleted document number 9 ORDER. The document was incorrectly filed in this case. (anc) (Entered: 05/30/2018)
2018-05-2910COMPLAINT against The Animal and Plant Health Inspection Service, The United States Department of Agriculture. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Exhibit (A) FOIA Request, # 2 Exhibit (B) FOIA Request, # 3 Exhibit (C) FOIA Request, # 4 Exhibit (D) FOIA Request, # 5 Exhibit (E) FOIA Request, # 6 Exhibit (F) Defendants' Final Response, # 7 Exhibit (G) Defendants' Final Response, # 8 Exhibit (H) Defendants' Final Response, # 9 Exhibit (I) Defendants' Final Response, # 10 Exhibit (J) Defendants' Final Response, # 11 Exhibit (K) ASPCA's Appeal, # 12 Exhibit (L) ASPCA's Appeal, # 13 Exhibit (M) ASPCA's Appeal, # 14 Exhibit (N) ASPCA's Appeal)(Kennelly, Kaitland) (Entered: 05/29/2018)
2018-05-2911INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/9/2018 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 5/25/2018) (ne) (Entered: 05/29/2018)
2018-05-29***DELETED DOCUMENT. Deleted document number 12 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (anc) (Entered: 05/30/2018)
2018-05-2912ORDER granting 6 Letter Motion for Leave to File Document. SO ORDERED. (Signed by Judge George B. Daniels on 5/29/2018) (anc) (Entered: 05/30/2018)
2018-05-3013NOTICE OF APPEARANCE by Kaitland Mccann Kennelly on behalf of American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 05/30/2018)
2018-05-3014NOTICE OF APPEARANCE by Jennifer Helen Chin on behalf of American Society for the Prevention of Cruelty to Animals. (Chin, Jennifer) (Entered: 05/30/2018)
2018-06-0115MOTION for Bonnie Weiss McLeod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15145647. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Affidavit Declaration of Bonnie Weiss McLeod, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Weiss McLeod, Bonnie) (Entered: 06/01/2018)
2018-06-0116MOTION for Erin M. Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15145800. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Affidavit Declaration of Erin M. Estevez, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Estevez, Erin) (Entered: 06/01/2018)
2018-06-01>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Bonnie Weiss McLeod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15145647. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 06/01/2018)
2018-06-01>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Erin M. Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15145800. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 06/01/2018)
2018-06-0417ORDER FOR ADMISSION PRO HAC VICE: granting 15 Motion for Bonnie Weiss McLeod to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/04/2018) (ama) (Entered: 06/04/2018)
2018-06-0418ORDER FOR ADMISSION PRO HAC VICE granting 16 Motion for Erin M. Estevez to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/4/2018) (jwh) (Entered: 06/04/2018)
2018-06-0819SUMMONS RETURNED EXECUTED (FOIA CASE). The Animal and Plant Health Inspection Service served on 5/31/2018, answer due 7/2/2018. Service was accepted by United States Attorney's Office. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 06/08/2018)
2018-06-0820SUMMONS RETURNED EXECUTED (FOIA CASE). The United States Department of Agriculture served on 5/31/2018, answer due 7/2/2018. Service was accepted by United States Attorney's Office. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 06/08/2018)
2018-06-2521MOTION for Tamara Y. Feliciano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15243400. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Declaration of Tamara Y. Feliciano, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Feliciano, Tamara) (Entered: 06/25/2018)
2018-06-25>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 21 MOTION for Tamara Y. Feliciano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15243400. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 06/25/2018)
2018-06-2522MOTION for Robert G. Hensley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15243501. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Declaration of Robert G. Hensley, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Hensley, Robert) (Entered: 06/25/2018)
2018-06-25>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for Robert G. Hensley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15243501. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 06/25/2018)
2018-06-2623ORDER FOR ADMISSION PRO HAC VICE granting 22 Motion for Robert G. Hensley to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/26/2018) (mro) (Entered: 06/26/2018)
2018-06-2624ORDER FOR ADMISSION PRO HAC VICE granting 21 Motion for Tamara Y. Feliciano to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/26/2018) (mro) (Entered: 06/26/2018)
2018-07-0225NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Dolinger, Samuel) (Entered: 07/02/2018)
2018-07-0226ANSWER to 10 Complaint,,,. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Dolinger, Samuel) (Entered: 07/02/2018)
2018-08-0227LETTER addressed to Judge George B. Daniels from Samuel Dolinger dated 8/2/2018 re: the Government's letter in advance of initial pre-trial conference on 8/9/2018. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Dolinger, Samuel) (Entered: 08/02/2018)
2018-08-0228LETTER MOTION for Discovery - In Advance of August 9, 2018 Initial Pre-Trial Conference Seeking Discovery addressed to Judge George B. Daniels from Erin M. Estevez dated August 2, 2018. Document filed by American Society for the Prevention of Cruelty to Animals.(Estevez, Erin) (Entered: 08/02/2018)
2018-08-0229AFFIRMATION of Robert G. Hensley in Support re: 28 LETTER MOTION for Discovery - In Advance of August 9, 2018 Initial Pre-Trial Conference Seeking Discovery addressed to Judge George B. Daniels from Erin M. Estevez dated August 2, 2018.. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Exhibit (1) Documents Produced, # 2 Exhibit (2) Document Obtained, # 3 Exhibit (3) Documents Produced, # 4 Exhibit (4) Document Obtained, # 5 Exhibit (5) Document Produced /Obtained)(Estevez, Erin) (Entered: 08/02/2018)
2018-08-09Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 8/9/2018. Plaintiff Counsel: Erin Murray Estevez, Robert G. Hensley, Jr.; Defense Counsel: Samuel Hilliard Dolinger and Court Reporter present. Th subsequent conference is scheduled for October 25, 2018 at 9:45 a.m. (Vega, Elizabeth) (Entered: 08/09/2018)
2018-08-2030ORDER denying as moot 28 Letter Motion for Discovery: The Clerk of Court is directed to close the motion at ECF No. 28 as moot in light of the discussions held on the record of the August 9, 2018 conference. (Signed by Judge George B. Daniels on 8/16/2018) (jwh) (Entered: 08/20/2018)
2018-09-1431TRANSCRIPT of Proceedings re: conference held on 8/9/2018 before Judge George B. Daniels. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/13/2018.(McGuirk, Kelly) (Entered: 09/14/2018)
2018-09-1432NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/9/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/14/2018)
2018-10-1833JOINT LETTER MOTION to Adjourn Conference scheduled for October 25, 2018 addressed to Judge George B. Daniels from Samuel Dolinger dated 10/18/2018. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Dolinger, Samuel) (Entered: 10/18/2018)
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