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Case TitleTEXAS INSTITUTE FOR HEALTHY KIDS v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01844
Date Filed2018-08-07
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffTEXAS INSTITUTE FOR HEALTHY KIDS
Case DescriptionTexas Institute for Healthy Kids submitted a FOIA request to the Agricultural Research Service at the Department of Agriculture for records concerning the National Nutrient Database for Standard Reference Release 28 pertaining to data from testing chicken noodle soup, white bread, eggs, and potatoes. The agency acknowledged receipt of the request. The agency withheld the majority of the records under Exemption 4 (confidential business information) and disclosed only heavily redacted records. TIHK filed an administrative appeal of the decision, but after hearing nothing further from the agency, TIHK filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-071COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-5625850) filed by TEXAS INSTITUTE FOR HEALTHY KIDS. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 08/07/2018)
2018-08-072REQUEST FOR SUMMONS TO ISSUE (3) filed by TEXAS INSTITUTE FOR HEALTHY KIDS.(Stotter, Daniel) (Entered: 08/07/2018)
2018-08-07Case Assigned to Judge Dabney L. Friedrich. (zmd) (Entered: 08/08/2018)
2018-08-093SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 08/09/2018)
2018-09-134NOTICE of Appearance by Patricia K. McBride on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (McBride, Patricia) (Entered: 09/13/2018)
2018-09-135WITHDRAWN PURSUANT TO DOCKET ENTRY 6 .....MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) Modified on 9/24/2018 (jf). (Entered: 09/13/2018)
2018-09-136ERRATA by UNITED STATES DEPARTMENT OF AGRICULTURE. (McBride, Patricia) (Entered: 09/13/2018)
2018-09-147Unopposed MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 09/14/2018)
2018-10-018NOTICE of Appearance by C. Peter Sorenson on behalf of All Plaintiffs (Sorenson, C.) (Entered: 10/01/2018)
2018-10-03MINUTE ORDER granting the defendant's 7 Unopposed Motion for Enlargement of Time. Accordingly, the defendant's response to the complaint shall be filed on or before October 22, 2018, which is the next business day after the Saturday date the defendant proposed. Signed by Judge Dabney L. Friedrich on October 3, 2018. (JK) (Entered: 10/03/2018)
2018-10-03Set/Reset Deadlines: Answer due by 10/22/2018. (JK) (Entered: 10/03/2018)
2018-10-209ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(McBride, Patricia) (Entered: 10/20/2018)
2018-10-22MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The parties shall file the joint status report on or before November 12, 2018. Signed by Judge Dabney L. Friedrich on October 22, 2018. (JK) (Entered: 10/22/2018)
2018-11-1310Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 11/13/2018)
2018-11-20MINUTE ORDER. Upon consideration of the parties 10 Joint Status Report, it is ORDERED that the defendants motion for summary judgment and supporting Vaughn index shall be filed on or before January 30, 2019; the plaintiffs combined opposition and cross-motion for summary judgment shall be filed on or before February 28, 2019; the defendants combined opposition and reply shall be filed on or before March 28, 2019; and the plaintiffs reply shall be filed on or before April 26, 2019. (JK) Minute Order modified on 11/26/2018 to reflect correct deadlines (zjl). (Entered: 11/20/2018)
2018-11-26Set/Reset Deadlines: The defendant's summary judgment motions due by 1/30/2019. The plaintiff's combined opposition and cross-motion for summary judgment due by 2/28/2019. The defendant's opposition and reply due by 3/28/2019. The plaintiff's reply due by 4/26/2019. (JK) (Entered: 11/26/2018)
2019-01-0911NOTICE of Appearance by Sean Terrell Malone on behalf of TEXAS INSTITUTE FOR HEALTHY KIDS (Malone, Sean) (Entered: 01/09/2019)
2019-01-2312Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/23/2019)
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