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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 Number1:2019cv03112
Date Filed2019-04-08
Date ClosedOpen
JudgeJudge Naomi Reice Buchwald
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 inspection photographs that were part of the Animal Care Information Search database. The agency acknowledged the requests but after hearing nothing further from the agency, ASPCA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantThe Animal and Plant Health Inspection Service
DefendantThe United States Department of Agriculture
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-081COMPLAINT against The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Filing Fee $ 400.00, Receipt Number ANYSDC-16644863)Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Exhibit 1 - Correspondence)(Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-082CIVIL COVER SHEET filed. (Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-083REQUEST 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: 04/08/2019)
2019-04-084REQUEST 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: 04/08/2019)
2019-04-085RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Society for the Prevention of Cruelty to Animals.(Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . (pc) (Entered: 04/09/2019)
2019-04-09Magistrate Judge Barbara C. Moses 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 . (pc) (Entered: 04/09/2019)
2019-04-09Case Designated ECF. (pc) (Entered: 04/09/2019)
2019-04-096ELECTRONIC SUMMONS ISSUED as to The Animal and Plant Health Inspection Service. (pc) (Entered: 04/09/2019)
2019-04-097ELECTRONIC SUMMONS ISSUED as to The United States Department of Agriculture. (pc) (Entered: 04/09/2019)
2019-04-158SUMMONS RETURNED EXECUTED (FOIA CASE). The Animal and Plant Health Inspection Service served on 4/10/2019, answer due 5/10/2019. Service was accepted by United States Attorney's Office. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/15/2019)
2019-04-159SUMMONS RETURNED EXECUTED (FOIA CASE). The United States Department of Agriculture served on 4/10/2019, answer due 5/10/2019. Service was accepted by United States Attorney's Office. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/15/2019)
2019-04-1510AFFIDAVIT OF SERVICE (FOIA CASE). Service was made by Certified Mail. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/15/2019)
2019-04-2311NOTICE OF APPEARANCE by Kaitland Mccann Kennelly on behalf of American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/23/2019)
2019-05-0612NOTICE OF APPEARANCE by Jennifer Helen Chin on behalf of American Society for the Prevention of Cruelty to Animals. (Chin, Jennifer) (Entered: 05/06/2019)
2019-05-0613NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Teleanu, Natasha) (Entered: 05/06/2019)
2019-05-0714LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 5/7/2019. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 05/07/2019)
2019-05-0715MOTION for Erin M. Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16835541. 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 - Virginia, # 3 Exhibit Certificate of Good Standing - District of Columbia, # 4 Text of Proposed Order)(Estevez, Erin) (Entered: 05/07/2019)
2019-05-0716ORDER: granting 14 Letter Motion for Extension of Time. Application Granted. (Signed by Judge Naomi Reice Buchwald on 5/07/2019) (ama) (Entered: 05/07/2019)
2019-05-07Set/Reset Deadlines: The Animal and Plant Health Inspection Service answer due 5/24/2019; The United States Department of Agriculture answer due 5/24/2019. (ama) (Entered: 05/07/2019)
2019-05-07>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Erin M. Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16835541. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 05/07/2019)
2019-05-0817ORDER FOR ADMISSION PRO HAC VICE: granting 15 Motion for Erin M. Estevez to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/08/2019) (ama) (Entered: 05/08/2019)
2019-05-1418MOTION for Bonnie Weiss McLeod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16878453. 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 - Virginia, # 3 Exhibit Certificate of Good Standing - District of Columbia, # 4 Text of Proposed Order)(Weiss McLeod, Bonnie) (Entered: 05/14/2019)
2019-05-14>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Bonnie Weiss McLeod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16878453. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/14/2019)
2019-05-1419ORDER FOR ADMISSION PRO HAC VICE: granting 18 Motion for Bonnie Weiss McLeod to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/14/2019) (ama) (Entered: 05/14/2019)
2019-05-2020LETTER MOTION for Leave to File Amended Complaint addressed to Judge Naomi Reice Buchwald from Erin M. Estevez dated May 20, 2019. Document filed by American Society for the Prevention of Cruelty to Animals.(Estevez, Erin) (Entered: 05/20/2019)
2019-05-2021ORDER granting 20 Letter Motion for Leave to File Document. So Ordered. (Signed by Judge Naomi Reice Buchwald on 5/20/2019) (ks) (Entered: 05/21/2019)
2019-05-21Set/Reset Deadlines: The Animal and Plant Health Inspection Service answer due 7/1/2019; The United States Department of Agriculture answer due 7/1/2019. Amended Pleadings due by 5/31/2019. (ks) (Entered: 05/21/2019)
2019-05-3122AMENDED COMPLAINT amending 1 Complaint, 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. Related document: 1 Complaint,. (Attachments: # 1 Exhibit 1 - ASPCA's correspondence with U.S. Attorney's office)(Estevez, Erin) (Entered: 05/31/2019)
2019-06-1423MOTION for Tamara Y. Feliciano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17087364. 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 Tamara Y. Feliciano, # 2 Exhibit Certificate of Good Standing - Georgia, # 3 Text of Proposed Order)(Feliciano, Tamara) (Entered: 06/14/2019)
2019-06-14>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Tamara Y. Feliciano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17087364. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 06/14/2019)
2019-06-1824ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Tamara Y. Feliciano to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 6/18/2019) (mro) (Entered: 06/19/2019)
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by FOIA Project Staff
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