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Case TitleCENTER FOR FOOD SAFETY v. UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02783
Date Filed2018-11-28
Date Closed2019-12-18
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning the Farm Service Agency's compliance with the National Environmental Policy Act and the actions it approves through its Environmental Screening Worksheets. The agency acknowledged receipt of the request, but after more than a year with no substantive response to the request, the Center for Food Safety filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFARM SERVICE AGENCY
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-281COMPLAINT against FARM SERVICE AGENCY ( Filing fee $ 400 receipt number 0090-5812738) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Attorney General, # 3 Summons for U.S. Attorney, # 4 Summons for Defendant)(Kimbrell, George) (Entered: 11/28/2018)
2018-11-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 11/28/2018)
2018-11-283MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kellan Smith, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Flr., San Francisco, CA 94111. Phone No. - 415-826-2770. Fax No. - 415-826-0507 Filing fee $ 100, receipt number 0090-5812809. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 11/28/2018)
2018-11-28Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 11/28/2018)
2018-11-29MINUTE ORDER granting the Motion for Leave to Appear Pro Hac Vice of Attorney Kellan Smith. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 11/29/2018. (lctnm1) (Entered: 11/29/2018)
2018-11-294STANDING 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 11/29/2018. (lctnm1) (Entered: 11/29/2018)
2018-11-295SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 11/29/2018)
2019-01-046RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTER FOR FOOD SAFETY served on 12/4/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/10/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/6/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 1/5/2019.) (Attachments: # 1 Exhibit)(Smith, Kellan) (Entered: 01/04/2019)
2019-01-047Unopposed MOTION to Stay in Light of Lapse in Appropriations by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY (Simon, Jeremy) (Entered: 01/04/2019)
2019-01-04MINUTE ORDER granting 7 Motion to Stay. Upon considering the Defendant's 7 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/4/2019. (lctnm1) (Entered: 01/04/2019)
2019-01-288NOTICE of Restored Government Funding by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY (Simon, Jeremy) (Entered: 01/28/2019)
2019-01-28MINUTE ORDER. The Court hereby lifts the stay in this case. The Parties are hereby ORDERED to meet and confer and then propose to the Court a deadline for the Defendant to answer or otherwise respond to Plaintiff's Complaint on or before February 7, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/28/19. (lctnm1) (Entered: 01/28/2019)
2019-01-28Set/Reset Deadlines: Parties' proposed deadline for the Defendant to respond to the Complaint due by 2/7/2019. (hmc) (Entered: 01/28/2019)
2019-02-069Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 02/06/2019)
2019-02-07MINUTE ORDER. The Defendant is hereby ORDERED to answer or otherwise respond to Plaintiff's Complaint on or before February 28, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/7/19. (lctnm1) (Entered: 02/07/2019)
2019-02-07Set/Reset Deadlines: Answer to the Complaint due by 2/28/2019. (tg) (Entered: 02/07/2019)
2019-02-1110NOTICE of Change of Address by George A. Kimbrell (Kimbrell, George) (Entered: 02/11/2019)
2019-02-2811ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY.(Simon, Jeremy) (Entered: 02/28/2019)
2019-02-28MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before March 11, 2019. Signed by Judge Trevor N. McFadden on 2/28/19. (lctnm1) (Entered: 02/28/2019)
2019-02-28Set/Reset Deadlines: Joint Status Report due by 3/11/2019. (hmc) (Entered: 02/28/2019)
2019-03-0712Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 03/07/2019)
2019-03-11MINUTE ORDER. The parties are hereby ORDERED to file a further Joint Status Report on or before April 29, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/11/19. (lctnm1) (Entered: 03/11/2019)
2019-03-11Set/Reset Deadlines: Joint Status Report due by 4/29/2019. (hmc) (Entered: 03/11/2019)
2019-03-2213NOTICE to Withdraw as Attorney by CENTER FOR FOOD SAFETY (Smith, Kellan) Modified on 3/22/2019 to correct docket event/text (jf). (Entered: 03/22/2019)
2019-04-2914Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Kimbrell, George) (Entered: 04/29/2019)
2019-04-30MINUTE ORDER. The parties are hereby ORDERED to file a further Joint Status Report on or before May 30, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/30/2019. (lctnm1) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Joint Status Report due by 5/30/2019. (hmc) (Entered: 04/30/2019)
2019-05-2915Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 05/29/2019)
2019-05-29MINUTE ORDER. Upon consideration of 15 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report, including a briefing schedule if necessary, on or before June 27, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/29/19. (lctnm1) (Entered: 05/29/2019)
2019-05-30Set/Reset Deadlines: Joint Status Report due by 6/27/2019. (hmc) (Entered: 05/30/2019)
2019-06-2616Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 06/26/2019)
2019-06-27MINUTE ORDER. Upon consideration of 16 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report, including a briefing schedule if necessary, on or before July 30, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/27/19. (lctnm1) (Entered: 06/27/2019)
2019-06-27Set/Reset Deadlines: Joint Status Report due by 7/30/2019. (hmc) (Entered: 06/27/2019)
2019-07-3017Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Kimbrell, George) (Entered: 07/30/2019)
2019-07-31MINUTE ORDER. Upon consideration of 17 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report, including a briefing schedule if necessary, on or before September 5, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/31/2019. (lctnm1) (Entered: 07/31/2019)
2019-08-01Set/Reset Deadlines: Joint Status Report due by 9/5/2019. (hmc) (Entered: 08/01/2019)
2019-09-0518Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 09/05/2019)
2019-09-05MINUTE ORDER. Upon consideration of 18 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before October 23, 2019. Signed by Judge Trevor N. McFadden on 9/5/19. (lctnm1) (Entered: 09/05/2019)
2019-09-05Set/Reset Deadlines: Joint Status Report due by 10/23/2019. (hmc) (Entered: 09/05/2019)
2019-10-2319Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 10/23/2019)
2019-10-24MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, the parties are hereby ORDERED to appear for a Status Conference on November 13, 2019, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 10/24/2019. (lctnm1). (Entered: 10/24/2019)
2019-10-25Set/Reset Hearings: Status Conference set for 11/13/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 10/25/2019)
2019-11-0420Joint MOTION to Vacate Status Conference of November 13, 2019 by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY (Attachments: # 1 Proposed Order)(Simon, Jeremy) Modified on 11/6/2019 to add docket entry relationship (ztth). (Entered: 11/04/2019)
2019-11-04MINUTE ORDER. In light of the parties' 20 Joint Motion to Vacate Status Conference, the Status Conference scheduled for November 13, 2019, is hereby VACATED. The parties are ORDERED to appear for a Status Conference on December 10, 2019, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. If the parties reach a settlement before December 10, 2019, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/04/19. (lctnm1) (Entered: 11/04/2019)
2019-11-05Set/Reset Hearings: Status Conference rescheduled for 12/10/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 11/05/2019)
2019-11-0521MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Victoria Yundt, Filing fee $ 100, receipt number ADCDC-6508959. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration of Victoria Yundt, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 11/05/2019)
2019-11-06MINUTE ORDER granting the 21 Motion for Leave to Appear Pro Hac Vice for Victoria Yundt. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 11/6/2019. (lctnm1) (Entered: 11/06/2019)
2019-11-0722NOTICE of Appearance by Victoria Yundt on behalf of CENTER FOR FOOD SAFETY (Yundt, Victoria) (Entered: 11/07/2019)
2019-11-2723MOTION for Leave to Appear by Telephone by CENTER FOR FOOD SAFETY (Attachments: # 1 Text of Proposed Order)(Yundt, Victoria) (Entered: 11/27/2019)
2019-11-27MINUTE ORDER denying Plaintiff's 23 Motion for Leave to Appear by Telephone. The parties shall appear for a Status Conference on December 10, 2019, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden, as previously ordered. Signed by Judge Trevor N. McFadden on 11/27/2019. (lctnm1) (Entered: 11/27/2019)
2019-12-0424NOTICE of Settlement in Principle and Motion to Vacate Status Conference by CENTER FOR FOOD SAFETY (Yundt, Victoria) (Entered: 12/04/2019)
2019-12-0425MOTION to Vacate Status Conference by CENTER FOR FOOD SAFETY. (ztth) Modified on 12/5/2019 (ztth). (Entered: 12/05/2019)
2019-12-05MINUTE ORDER. Upon consideration of the parties' 24 Notice of Settlement in Principle and Motion to Vacate Status Conference, the Status Conference scheduled for December 10, 2019, is hereby VACATED. The parties are ORDERED to appear for a Status Conference on December 20, 2019, at 10:00 AM in Courtroom 2, before Judge Trevor N. McFadden. If the parties reach a settlement before December 20, 2019, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/05/19. (lctnm1) (Entered: 12/05/2019)
2019-12-05Set/Reset Hearings: Status Conference set for 12/20/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 12/05/2019)
2019-12-1826STIPULATION of Settlement and Dismissal by UNITED STATES DEPARTMENT OF AGRICULTURE FARM SERVICE AGENCY. (Simon, Jeremy) (Entered: 12/18/2019)
2019-12-18MINUTE ORDER. Upon consideration of the parties' 26 Stipulation of Settlement and Dismissal, this matter is DISMISSED with prejudice per the terms of the stipulation. The Status Conference scheduled for December 20, 2019, is hereby VACATED. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/18/2019. (lctnm1) (Entered: 12/18/2019)
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