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Case TitleAnimal Welfare Institute et al v. United States Department of Agriculture et al
DistrictWestern District of New York
CityRochester
Case Number6:2018cv06626
Date Filed2018-08-23
Date ClosedOpen
JudgeHon. Michael A. Telesca
PlaintiffAnimal Welfare Institute
PlaintiffFarm Sanctuary
Case DescriptionThe Animal Welfare Institute and Farm Sanctuary submitted FOIA requests to the Department of Agriculture's Food Safety and Inspection Service for Noncompliance Records and Memoranda of Interview prepared pursuant to the Humane Methods of Slaughter Act and the Poultry Products Inspection Act. The organizations requested disclosure of the records and asked FSIS to proactively post such records. The agency acknowledged receipt of the request and provided redacted records. It did not address the AWI's and Farm Sanctuary's request to proactively disclose the records. AWI and Farm Sanctuary filed an administrative appeal. FSIS sent a letter to AWI and Farm Sanctuary indicating it was considering proactively disclosing the records. After hearing nothing further from the agency, AWI and Farm Sanctuary filed suit.
Complaint issues: Failure to respond within statutory time limit, Affirmative disclosure, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture
DefendantFood Safety and Inspection Service
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

2018-08-231COMPLAINT against All Defendants $ 400 receipt number 0209-3197613, filed by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Summons, # 3 Supplement Summons, # 4 Supplement Summons, # 5 Supplement Summons)(Lawton, William) (Entered: 08/23/2018)
2018-08-24Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG) (Entered: 08/24/2018)
2018-08-24AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) (Entered: 08/24/2018)
2018-08-24Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG) (Entered: 08/24/2018)
2018-08-242Summons Issued as to Food Safety and Inspection Service, United States Department of Agriculture, U.S. Attorney and U.S. Attorney General (Attachments: # 1 summons issued, # 2 summons issued, # 3 summons issued)(SG) (Entered: 08/24/2018)
2018-08-293TEXT ORDER REASSIGNING CASE IT HEREBY IS ORDERED that this case is TRANSFERRED to the Rochester Division of the United States District Court for the Western District of New York. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/29/2018. (CMD) -CLERK TO FOLLOW UP- (Entered: 08/29/2018)
2018-09-114NOTICE of Appearance by Michael S. Cerrone on behalf of Food Safety and Inspection Service, United States Department of Agriculture (Cerrone, Michael) (Entered: 09/11/2018)
2018-09-265MOTION to Dismiss by Food Safety and Inspection Service, United States Department of Agriculture.(Cerrone, Michael) (Entered: 09/26/2018)
2018-09-266MEMORANDUM IN SUPPORT re 5 MOTION to Dismiss by Food Safety and Inspection Service, United States Department of Agriculture. (Cerrone, Michael) (Entered: 09/26/2018)
2018-09-27NOTICE: Set/Reset Deadlines as to 5 MOTION to Dismiss. Responses due by 10/11/2018. Replies due by 10/18/2018. Motion will be submitted without oral argument on 10/25/2018 before Hon. Michael A. Telesca. No court appearances are required. (JMC) (Entered: 09/27/2018)
2018-10-037Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 10/03/2018)
2018-10-048ORDER granting 7 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss Responses due by 11/16/2018. Replies due by 12/31/2018.. Signed by Hon. Michael A. Telesca on 10/4/18. (JMC) (Entered: 10/04/2018)
2018-10-04NOTICE: Set/Reset Deadlines as to 5 MOTION to Dismiss . Responses due by 11/16/2018. Replies due by 12/31/2018. Motion will be submitted without oral argument on 1/10/2019 before Hon. Michael A. Telesca. No court appearances are required. (JMC) (Entered: 10/04/2018)
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by FOIA Project Staff
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