| Date Filed | Doc # | Docket Text |
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| 2019-09-18 | 1 | COMPLAINT against United States Department of Agriculture (filing fee $400 receipt number 0420-8674727), filed by Benjamin T Zeigler. (Attachments: # 1 Exhibit A -September 20, 2018 Request, # 2 Exhibit B - October 2, 2019 email, # 3 Exhibit C - November 19, 2018 email, # 4 Exhibit D - November 7, 2018 email, # 5 Exhibit E - January 3, 2019 email, # 6 Exhibit F - January 29, 2019 email, # 7 Exhibit G - February 19, 2019 email, # 8 Exhibit H - March 7, 2019 email, # 9 Exhibit I - September 10, 2019 email) (lsut, ) Modified on 9/19/2019 to add descriptions to Exhibits. (dsto) (Entered: 09/19/2019) |
| 2019-09-18 | 3 | Local Rule 26.01 Answers to Interrogatories by Benjamin T Zeigler. (lsut, ) (Entered: 09/19/2019) |
| 2019-09-19 | 4 | Summons Issued as to United States Department of Agriculture. U.S. Attorney and U.S. Attorney General. Service due by 12/18/2019. (lsut, ) (Entered: 09/19/2019) |
| 2019-09-25 | 5 | NOTICE of Appearance by Beth Drake on behalf of United States Department of Agriculture Farm Service Agency (Drake, Beth) (Entered: 09/25/2019) |
| 2019-10-11 | 6 | SUMMONS Returned Executed by Benjamin T Zeigler. United States Department of Agriculture Farm Service Agency served on 9/23/2019, answer due 10/15/2019. (Attachments: # 1 Exhibit Certified Mail Receipt)(Ipock, Charles) (Entered: 10/11/2019) |
| 2019-10-23 | 7 | ANSWER to 1 Complaint,, by United States Department of Agriculture Farm Service Agency.(Drake, Beth) (Entered: 10/23/2019) |
| 2019-10-23 | 8 | Local Rule 26.01 Answers to Interrogatories by United States Department of Agriculture Farm Service Agency.(Drake, Beth) (Entered: 10/23/2019) |
| 2019-10-28 | 9 | CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 11/18/2019, 26(a) Initial Disclosures due by 12/2/2019, Motions to Amend Pleadings due by 1/27/2020, Plaintiffs ID of Expert Witness due by 2/25/2020, Defendants ID of Expert Witnesses Due by 3/26/2020, Records Custodian Affidavit due by 3/26/2020, Discovery due by 5/25/2020, Motions due by 6/9/2020, Rule 26(a)(3) Disclosures due by 8/24/2020, ADR Statement due by 7/10/2020, Mediation Due by 8/10/2020. Motions in limine must be filed at least three weeks prior to October 5, 2020. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after 10/05/2020. Signed by Chief Judge R Bryan Harwell on 10/28/2019. (lsut, ) (Entered: 10/28/2019) |
| 2019-11-14 | 10 | STIPULATION Regarding Rule 26(a)(1) Initial Disclosures by United States Department of Agriculture Farm Service Agency. (Drake, Beth) (Entered: 11/14/2019) |
| 2019-11-15 | 11 | CONFERENCE AND SCHEDULING ORDER: Plaintiff's Motion for Summary Judgment/Dispositive Motion due by 2/15/2020. Defendant's response/cross-motion due by 3/15/2020. Signed by Chief Judge R Bryan Harwell on 11/15/2019. (hcic, ) (Entered: 11/15/2019) |
| 2020-01-27 | 12 | TEXT ORDER: On January 27, 2020, the Court received an email from Plaintiff's counsel requesting a joint stay of the current scheduling order. The Court will construe Plaintiff's email request as a motion to amend the scheduling order. Accordingly, the parties shall consult and submit a consent amended scheduling order by the end of this week that provides the parties adequate time to produce and/or review the documents at issue. Signed by Chief Judge R Bryan Harwell on 1/27/2020. (tmcb, ) (Entered: 01/27/2020) |
| 2020-01-27 | 13 | Email from Plaintiff's Counsel Charles Ipock. Filed at direction of Chambers. (mcot, ) (Entered: 01/27/2020) |
| 2020-01-28 | 15 | Joint MOTION to Amend/Correct 11 Scheduling Order, by United States Department of Agriculture Farm Service Agency. Response to Motion due by 2/11/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Drake, Beth) (Entered: 01/28/2020) |
| 2020-01-29 | 16 | TEXT ORDER granting 15 Motion to Amend Scheduling Order. Signed by Chief Judge R Bryan Harwell on 1/29/2020. (hcic, ) (Entered: 01/29/2020) |
| 2020-01-29 | 17 | AMENDED CONFERENCE AND SCHEDULING ORDER: Plaintiff's motion for summary judgment or other dispositive motion due by 8/14/2020. Defendant's response and cross-motion for summary judgment or other dispositive motion due by 9/15/2020. Plaintiff's reply due 20 days after defendant's response is filed. Defendant's reply due 20 days after plaintiff's reply is filed. Signed by Chief Judge R Bryan Harwell on 1/29/2020. (hcic, ) (Entered: 01/29/2020) |
| 2020-08-12 | 18 | Second MOTION to Amend/Correct 17 Scheduling Order, by Benjamin T Zeigler. Response to Motion due by 8/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Ipock, Charles) (Entered: 08/12/2020) |
| 2020-08-13 | 19 | TEXT ORDER granting the parties' 18 joint motion to extend the current briefing schedule. Plaintiff's motion for summary judgment or other dispositive motion is now due no later than November 13, 2020. The USDA's response or cross-motion for summary judgment or other dispositive motion is now due no later than December 11, 2020. Signed by Chief Judge R Bryan Harwell on 8/13/2020.(tmcb, ) (Entered: 08/13/2020) |
| 2020-08-19 | 20 | COVID-19 COURTROOM ETIQUETTE (hcic, ) (Entered: 08/19/2020) |
| 2020-11-12 | 21 | Joint MOTION to Amend/Correct Scheduling Order by United States Department of Agriculture Farm Service Agency. Response to Motion due by 11/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Drake, Beth) (Entered: 11/12/2020) |
| 2020-11-13 | 22 | TEXT ORDER granting the parties' 21 joint motion to amend the scheduling order. Plaintiff's motion for summary judgment or other dispositive motion is now due no later than February 11, 2021. The USDA's response or cross-motion for summary judgment or other dispositive motion is now due no later than March 11, 2021. Signed by Chief Judge R Bryan Harwell on 11/13/2020.(tmcb, ) (Entered: 11/13/2020) |
| 2021-02-10 | 24 | MOTION for Summary Judgment by Benjamin T Zeigler. Response to Motion due by 3/11/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit July 2019 Letter, # 2 Exhibit October 2019 Letter, # 3 Exhibit May 2020 Letter, # 4 Exhibit July 2020 Ltr 2nd Interim Prod, # 5 Exhibit Dec 2020 ltr 16 Interim Prod, # 6 Exhibit 1st Interim Prod, # 7 Exhibit 2nd Interim Prod, # 8 Exhibit Third Interim Prod, # 9 Exhibit 4th Interim Prod, # 10 Exhibit 5th Interim Prod, # 11 Exhibit 6th Interim Prod, # 12 Exhibit 7th Interim Prod, # 13 Exhibit 8th Interim Prod, # 14 Exhibit 9th Interim Prod, # 15 Exhibit 10th Interim Prod, # 16 Exhibit 11th Interim Prod, # 17 Exhibit 12th Interim Prod, # 18 Exhibit 13th Interim Prod, # 19 Exhibit 14th Interim Prod, # 20 Exhibit 15th Interim Prod)No proposed order.(Ipock, Charles) Modified on 2/18/2021 to modify response due date per Text Order 22 (hcic, ). (Entered: 02/10/2021) |
| 2021-03-08 | 25 | MOTION for Summary Judgment and Response to Plaintiffs Motion for Summary Judgment by United States Department of Agriculture Farm Service Agency. Response to Motion due by 3/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1, Declaration of Patrick McLoughlin)No proposed order.(Drake, Beth) (Entered: 03/08/2021) |
| 2021-03-22 | 27 | RESPONSE in Opposition re 25 MOTION for Summary Judgment and Response to Plaintiffs Motion for Summary Judgment Response filed by Benjamin T Zeigler. Reply to Response to Motion due by 4/11/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit Fifteenth Interim Production, # 2 Exhibit Twelfth Interim Production, # 3 Exhibit Twelfth and Tenth Interim Pr, # 4 Exhibit Fifth Interim Production, # 5 Exhibit Ipock ltr to Drake)(Ipock, Charles) Modified on 3/22/2021 to modify defendant's reply due date per 17 (lgib, ). (Entered: 03/22/2021) |
| 2021-03-22 | 28 | DELETION OF DOCKET ENTRY NUMBER 26 Reason: filed in error by filer. Corrected Filing: Document Number 27 (lgib, ) (Entered: 03/22/2021) |
| 2021-04-12 | 29 | REPLY to Response to Motion re 25 MOTION for Summary Judgment and Response to Plaintiffs Motion for Summary Judgment Response filed by United States Department of Agriculture Farm Service Agency. (Attachments: # 1 Exhibit 1, Supplemental Declaration of Patrick McLoughlin)(Drake, Beth) (Entered: 04/12/2021) |
| 2021-07-07 | 31 | TEXT ORDER re Representative Sample for in camera review and Vaughn Index of the Representative Sample: In his FOIA complaint and motion for summary judgment, Plaintiff requested a Vaughn index of Kyle Daniels's emails that Defendant has withheld from disclosure. Although Defendant opposes a Vaughn index, as a compromise, Defendant proposes that it provide the Court with a random sample of pages for in camera review so that the Court can assure itself that the Agency has appropriately applied the test derived from Dep't of Justice v. Tax Analysts , 492 U.S. 136, 144 (1989) and Burka v. U.S. Dep't of Health & Hum. Servs. , 87 F.3d 508, 515 (D.C. Cir. 1996). Representative sampling is an appropriate procedure to test an agency's claim that a document is properly withheld or exempt from disclosure under FOIA when a large number of documents are involved. Neely v. FBI , 208 F.3d 461, 467 (4th Cir. 2000) (suggesting that, on remand, district court "resort to the well-established practice... of randomly sampling the documents in question"); Mullen v. U.S. Army Crim. Investigation Command , No. 1:10CV262 JCC/TCB, 2011 WL 5870550, at *6 (E.D. Va. Nov. 22, 2011) (internal citations omitted). Representative sampling allows the Court and the parties to reduce a voluminous FOIA case to a manageable number of items that can be evaluated individually through a Vaughn index or an in camera inspection. Mullen , 2011 WL 5870550, at *6. In this case, using search terms agreed to by the parties, Defendant has identified 12,624 pages of Mr. Daniels's emails that are potentially responsive to Plaintiff's FOIA request. Of those 12,624 pages of emails, Defendant has withheld approximately 11,584 pages of emails claiming the emails are either not "agency records" or the documents are exempt from disclosure under one or more of the statutory FOIA exemptions. Defendant has disclosed approximately 1,040 pages of emails. Due to the large number of documents at issue in this case, this Court finds that a representative sample of the withheld documents is appropriate. Accordingly, the Court orders the Defendant to, within 30 days, provide the Court with a representative sample of two percent (2%) of the withheld documents for in camera review. Additionally, and to allow the Plaintiff an opportunity to meaningfully challenge Defendant's decision to withhold documents, the Court orders the Defendant to, within 30 days, file a Vaughn index of the 2% representative sample of withheld documents. The Vaughn index should include a description of each document and a detailed justification for the claim that a particular document is either not an "agency record" or otherwise exempt from disclosure under one or more of the statutory FOIA exemptions. With regard to the methodology for determining the 2% representative sample, two percent of the 11,584 withheld pages results in a sample of approximately 232 pages. Starting with page 1 of the first batch (1 of 16 batches) of emails withheld from the June 17, 2020 interim response and moving sequentially through each subsequent batch of withheld emails, Defendant shall select every 49th page of the withheld emails until 232 pages have been selected. Defendant shall email to chambers a.pdf document of the 232 pages for in camera review. Defendant shall also file a Vaughn index of the 232 selected pages on the docket. The parties may file any supplemental briefing within 14 days after the Vaughn index is filed. Signed by Chief Judge R Bryan Harwell on 7/7/2021. (tmcb, ) (Entered: 07/07/2021) |
| 2021-08-05 | 33 | REPLY by United States Department of Agriculture Farm Service Agency to 31 Order,,,,,,,,,,,,,,, . (Attachments: # 1 Vaughn Index, # 2 Supplemental Declaration of Patrick McLoughlin)(Drake, Beth) (Entered: 08/05/2021) |
| 2021-08-19 | 34 | REPLY by Benjamin T Zeigler to 33 Reply to Defendants Vaughn Index . (Attachments: # 1 Exhibit Kellahan Emails, # 2 Exhibit Roberts Emails, # 3 Exhibit Hog Emails, # 4 Exhibit Bear Emails, # 5 Exhibit Auction Emails, # 6 Exhibit Beaver Emails, # 7 Exhibit Lyerly Emails, # 8 Exhibit Ipock Letter)(Ipock, Charles) (Entered: 08/19/2021) |
| 2021-08-20 | 35 | TEXT ORDER: Defendant United States Department of Agriculture shall file a short reply to Plaintiff's Supplemental Briefing in Response to Defendant's Vaughn Index no later than Wednesday, August 25, 2021. Signed by Chief Judge R Bryan Harwell on 8/20/2021. (tmcb, ) (Entered: 08/20/2021) |
| 2021-08-25 | 36 | REPLY by United States Department of Agriculture Farm Service Agency to 35 Order, . (Drake, Beth) (Entered: 08/25/2021) |
| 2021-09-13 | 38 | ORDER: The Court GRANTS Defendant United States Department of Agriculture - Farm Service Agency's [ECF No. 25 ] motion for summary judgment. Plaintiff Benjamin T. Ziegler's [ECF No. 24 ] motion for summary judgment is DENIED. This case is hereby DISMISSED with prejudice. Signed by Chief Judge R Bryan Harwell on 9/10/2021.(hcic, ) (Entered: 09/13/2021) |
| 2021-09-13 | 39 | SUMMARY JUDGMENT is entered by the Clerk and this case is dismissed with prejudice. (hcic, ) (Entered: 09/13/2021) |
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