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Case TitleHUMANE SOCIETY OF THE UNITED STATES v. AGRICULTURAL MARKETING SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00829
Date Filed2020-03-27
Date Closed2021-02-18
JudgeJudge Carl J. Nichols
PlaintiffHUMANE SOCIETY OF THE UNITED STATES
Case DescriptionThe Humane Society of the United States submitted a FOIA request to the Agricultural Marketing Service for records concerning revenues received by the National Pork Producers Council for use of the slogan promoting eating pork. The Humane Society also requested a fee waiver. The agency acknowledged receipt of the request. In a second interim response, the agency provided 343 heavily redacted pages under Exemption 4 (confidential business information), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). After hearing nothing further from the agency, the Humane Society filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantAGRICULTURAL MARKETING SERVICE United States Department of Agriculture
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-271COMPLAINT against AGRICULTURAL MARKETING SERVICE ( Filing fee $ 400 receipt number ADCDC-6962960) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Penzer, Matthew) (Entered: 03/27/2020)
2020-03-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HUMANE SOCIETY OF THE UNITED STATES (Penzer, Matthew) (Entered: 03/27/2020)
2020-03-27Case assigned to Judge Carl J. Nichols. (zmc) (Entered: 03/27/2020)
2020-03-273SUMMONS (3) Issued Electronically as to AGRICULTURAL MARKETING SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/27/2020)
2020-07-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AGRICULTURAL MARKETING SERVICE served on 6/29/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/30/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/6/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 8/5/2020.) (Attachments: # 1 Exhibit Delivery Confirmations)(Penzer, Matthew) (Entered: 07/06/2020)
2020-07-075STANDING ORDER. Signed by Judge Carl J. Nichols on July 7, 2020. (lccjn3) (Entered: 07/07/2020)
2020-07-226NOTICE of Appearance by Michael A. Tilghman on behalf of AGRICULTURAL MARKETING SERVICE (Tilghman, Michael) (Entered: 07/22/2020)
2020-07-247AMENDED COMPLAINT against AGRICULTURAL MARKETING SERVICE filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Redline Comparison)(Penzer, Matthew) (Entered: 07/24/2020)
2020-08-058ANSWER to 7 Amended Complaint by AGRICULTURAL MARKETING SERVICE.(Tilghman, Michael) (Entered: 08/05/2020)
2020-08-19MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before September 10, 2020. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on August 19, 2020. (lccjn3) (Entered: 08/19/2020)
2020-08-19Set/Reset Deadlines: Joint Status Report due by 9/10/2020. (zcal) (Entered: 08/19/2020)
2020-09-109Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/10/2020)
2020-09-18MINUTE ORDER. Upon review of the Parties' 9 Joint Status Report, it is hereby ORDERED that the Parties shall submit an additional Joint Status Report by October 12, 2020. Signed by Judge Carl J. Nichols on September 18,2020. (lccjn3) (Entered: 09/18/2020)
2020-09-18Set/Reset Deadlines: Joint Status Report due by 10/12/2020. (zcal) (Entered: 09/18/2020)
2020-10-0910Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/09/2020)
2020-10-14MINUTE ORDER. Upon review of the Parties' 10 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by November 2, 2020 . Signed by Judge Carl J. Nichols on October 14, 2020. (lccjn3) (Entered: 10/14/2020)
2020-10-14Set/Reset Deadlines: Joint Status Report due by 11/2/2020. (zcal) (Entered: 10/14/2020)
2020-11-0211Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/02/2020)
2020-11-18MINUTE ORDER. Upon review of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional Joint Status Report by November 23, 2020. Signed by Judge Carl J. Nichols on November 18, 2020. (lccjn3) (Entered: 11/18/2020)
2020-11-18Set/Reset Deadlines: Joint Status Report due by 11/23/2020. (zcal) (Entered: 11/18/2020)
2020-11-2312Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/23/2020)
2020-11-24Minute Order. Upon review of the Parties' 12 Joint Status Report, it is hereby ORDERED that the Parties' request for a briefing schedule is GRANTED. The Court thus adopts the following briefing schedule: Defendant shall file its motion for summary judgment by January 22, 2021 ; Plaintiff shall file its opposition and cross-motion by February 26, 2021 ; Defendant shall file its opposition and reply by March 29, 2021 ; and Plaintiff shall file its reply by April 28, 2021 . Signed by Judge Carl J. Nichols on November 24, 2020. (lccjn3) (Entered: 11/24/2020)
2020-11-24Set/Reset Deadlines: Summary Judgment motions due by 1/22/2021. Response to Motion for Summary Judgment due by 2/26/2021. Cross Motions due by 2/26/2021. Response to Cross Motions due by 3/29/2021. Reply to Motion for Summary Judgment due by 3/29/2021. Reply to Cross Motions due by 4/28/2021. (zcal) (Entered: 11/25/2020)
2021-01-1913Joint MOTION to Vacate Briefing Schedule And MOTION for Order that the Parties File a Joint Status Report by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael). Added MOTION for Order on 1/22/2021 (eg). Modified docket event/text on 1/22/2021 (eg). (Entered: 01/19/2021)
2021-01-22MINUTE ORDER. Upon review of the Parties' 13 Joint Motion to Vacate Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the Parties shall submit a Joint Status Report by February 18, 2021 . Signed by Judge Carl J. Nichols on January 22, 2021. (lccjn3) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Joint Status Report due by 2/18/2021. (zcal) (Entered: 01/25/2021)
2021-02-1814STIPULATION of Dismissal by AGRICULTURAL MARKETING SERVICE. (Tilghman, Michael) (Entered: 02/18/2021)
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