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Case TitleCENTER FOR FOOD SAFETY v. U.S. DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01951
Date Filed2019-06-28
Date Closed2022-01-12
JudgeChief Judge Beryl A. Howell
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the Department of Agriculture for records concerning the agency's recently announced final rule titled "Child Nutrition Programs: Flexibilities in Milk, Whole Grains, and Sodium." The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CFS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF AGRICULTURE
DefendantU.S. DEPARTMENT OF AGRICULTURE
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

2019-06-281COMPLAINT against DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-6224012) 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: 06/28/2019)
2019-06-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 06/28/2019)
2019-06-283MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Victoria Yundt, :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 0090-6224061. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration of Victoria Yundt, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 06/28/2019)
2019-07-02Case Assigned to Chief Judge Beryl A. Howell. (zjd) (Entered: 07/02/2019)
2019-07-024SUMMONS (3) Issued Electronically as to DEPARTMENT OF AGRICULTURE, U.S. Attorney, and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/02/2019)
2019-07-025STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 2, 2019. (lcbah1) (Entered: 07/02/2019)
2019-07-03MINUTE ORDER (paperless) GRANTING the plaintiff's 3 Motion for Admission of Attorney Pro Hac Vice . Victoria Yundt may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Signed by Chief Judge Beryl A. Howell on July 3, 2019. (lcbah1) (Entered: 07/03/2019)
2019-07-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/15/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE served on 7/15/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/2019. (Attachments: # 1 Exhibit of Receipts Verifying Service)(Yundt, Victoria) (Entered: 07/26/2019)
2019-08-137Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Mussenden, Paul) (Entered: 08/13/2019)
2019-08-14MINUTE ORDER (paperless) GRANTING the defendant's 7 Consent Motion for Extension of Time. Accordingly, the defendant shall file, by September 18, 2019, any responsive pleading to the 1 Complaint. Signed by Chief Judge Beryl A. Howell on August 14, 2019. (lcbah4) (Entered: 08/14/2019)
2019-08-14Set/Reset Deadlines: Answer to the Complaint due by 9/18/2019. (tg) (Entered: 08/14/2019)
2019-09-188ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE.(Mussenden, Paul) (Entered: 09/18/2019)
2019-10-07MINUTE ORDER (paperless) DIRECTING the parties to submit, by October 11, 2019, a Joint Meet and Confer Report consistent with the 5 Standing Order, paragraph 3. Signed by Chief Judge Beryl A. Howell on October 7, 2019. (lcbah1) (Entered: 10/07/2019)
2019-10-07Set/Reset Deadlines: Joint Meet & Confer Statement due by 10/11/2019. (tg) (Entered: 10/07/2019)
2019-10-119Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Mussenden, Paul) (Entered: 10/11/2019)
2019-10-15MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to file a joint status report by December 10, 2019. Signed by Chief Judge Beryl A. Howell on October 15, 2019. (lcbah1) (Entered: 10/15/2019)
2019-10-15Set/Reset Deadlines: Joint Status Report due by 12/10/2019. (tg) (Entered: 10/15/2019)
2019-12-1010Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Yundt, Victoria) (Entered: 12/10/2019)
2019-12-11MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status Report, the parties to file a joint status report by May 19, 2020. Signed by Chief Judge Beryl A. Howell on December 11, 2019. (lcbah1) (Entered: 12/11/2019)
2019-12-11Set/Reset Deadlines: Joint Status Report due by 5/19/2020. (tg) (Entered: 12/11/2019)
2020-05-1911Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Yundt, Victoria) (Entered: 05/19/2020)
2020-05-20MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 11 Joint Status Report, the parties to file a joint status report by July 20, 2020. Signed by Chief Judge Beryl A. Howell on May 20, 2020. (lcbah1) (Entered: 05/20/2020)
2020-05-20Set/Reset Deadlines: Joint Status Report due by 7/20/2020. (tg) (Entered: 05/20/2020)
2020-07-2012Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Mussenden, Paul) (Entered: 07/20/2020)
2020-07-21MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file a joint status report by September 18, 2020. Signed by Chief Judge Beryl A. Howell on July 21, 2020. (lcbah1) (Entered: 07/21/2020)
2020-07-22Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (ztg) (Entered: 07/22/2020)
2020-09-1813Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Mussenden, Paul) (Entered: 09/18/2020)
2020-10-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file a joint status report by November 17, 2020. Signed by Chief Judge Beryl A. Howell on October 1, 2020. (lcbah1) (Entered: 10/01/2020)
2020-10-02Set/Reset Deadlines: Joint status report due by 11/17/2020 (ztg) (Entered: 10/02/2020)
2020-11-1714Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Mussenden, Paul) (Entered: 11/17/2020)
2021-01-14MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file a joint status report by February 16, 2021. Signed by Chief Judge Beryl A. Howell on January 14, 2021. (lcbah1) (Entered: 01/14/2021)
2021-02-1215NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of U.S. DEPARTMENT OF AGRICULTURE Substituting for attorney Paul Mussenden (Duffey, Thomas) (Entered: 02/12/2021)
2021-02-1616Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 02/16/2021)
2021-02-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 16 Joint Status Report, the parties to submit a joint status report by April 16, 2021. Signed by Chief Judge Beryl A. Howell on February 18, 2021. (lcbah1) (Entered: 02/18/2021)
2021-02-19Set/Reset Deadlines: Joint Status Report due by 4/16/2021. (ztg) (Entered: 02/19/2021)
2021-04-1617Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 04/16/2021)
2021-04-19MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 17 Joint Status Report, the parties to submit a joint status report by June 16, 2021. Signed by Chief Judge Beryl A. Howell on April 19, 2021. (lcbah1) (Entered: 04/19/2021)
2021-04-20Set/Reset Deadlines: Joint Status Report due by 6/16/2021. (ztg) (Entered: 04/20/2021)
2021-06-1618Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 06/16/2021)
2021-06-20MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to submit a joint status report by August 13, 2021. Signed by Chief Judge Beryl A. Howell on June 20, 2021. (lcbah1) (Entered: 06/20/2021)
2021-07-1419NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Victoria Yundt terminated. (Yundt, Victoria) (Entered: 07/14/2021)
2021-08-1320Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 08/13/2021)
2021-08-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 20 Joint Status Report, the parties to submit a joint status report by October 13, 2021. Signed by Chief Judge Beryl A. Howell on August 16, 2021. (lcbah1) (Entered: 08/16/2021)
2021-08-17Set/Reset Deadlines: Joint Status Report due by 10/13/2021. (ztg) (Entered: 08/17/2021)
2021-10-1321Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 10/13/2021)
2021-10-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 21 Joint Status Report, the parties to submit a joint status report by November 15, 2021. Signed by Chief Judge Beryl A. Howell on October 13, 2021. (lcbah1) (Entered: 10/13/2021)
2021-10-14Set/Reset Deadlines: Joint Status Report due by 11/15/2021. (ztg) (Entered: 10/14/2021)
2021-11-1522Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 11/15/2021)
2021-11-15MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 22 Joint Status Report, the parties to submit a joint status report by December 15, 2021, unless a stipulation of dismissal has been submitted before then. Signed by Chief Judge Beryl A. Howell on November 15, 2021. (lcbah1) (Entered: 11/15/2021)
2021-11-16Set/Reset Deadlines: Joint Status Report due by 12/15/2021. (ztg) (Entered: 11/16/2021)
2021-12-1523Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 12/15/2021)
2021-12-16MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 23 Joint Status Report, the parties to submit a joint status report by January 15, 2022, unless a stipulation of dismissal has been submitted before then. Signed by Chief Judge Beryl A. Howell on December 16, 2021. (lcbah1) (Entered: 12/16/2021)
2021-12-16Set/Reset Deadlines: Joint Status Report due by 1/15/2022. (ztg) (Entered: 12/16/2021)
2022-01-1224STIPULATION of Dismissal by U.S. DEPARTMENT OF AGRICULTURE. (Duffey, Thomas) (Entered: 01/12/2022)
2022-01-1225MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, upon consideration of the parties' joint 24 Stipulation of Dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on January 12, 2022. (lcbah1) (Entered: 01/12/2022)
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