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Case TitleCENTER FOR FOOD SAFETY v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02267
Date Filed2021-08-26
Date Closed2022-01-04
JudgeJudge Randolph D. Moss
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning revisions of regulations pertaining to genetically engineered organisms. 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, Litigation - Attorney's fees, Adequacy - Search

DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE
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

2021-08-261COMPLAINT against ANIMAL AND PLANT HEALTH INSPECTION SERVICE ( Filing fee $ 402 receipt number ADCDC-8693750) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Kimbrell, George) (Entered: 08/26/2021)
2021-08-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 08/26/2021)
2021-08-263MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Audrey Leonard, Filing fee $ 100, receipt number ADCDC-8694496. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 08/26/2021)
2021-08-30Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 08/30/2021)
2021-08-304SUMMONS (3) Issued Electronically as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 08/30/2021)
2021-08-305STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 08/30/2021. (lcrdm3) (Entered: 08/30/2021)
2021-08-30MINUTE ORDER: Upon consideration of the Center for Food Safety's motion to appear pro hac vice, Dkt. 3 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Audrey Leonard is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a). Click here for instructions . Signed by Judge Randolph D. Moss on 08/30/2021. (lcrdm3) (Entered: 08/30/2021)
2021-09-136NOTICE of Appearance by Audrey Leonard on behalf of CENTER FOR FOOD SAFETY (Leonard, Audrey) (Entered: 09/13/2021)
2021-10-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/17/2021. Answer due for ALL FEDERAL DEFENDANTS by 10/17/2021. (Attachments: # 1 Exhibit of Receipts Verifying Service)(Leonard, Audrey) (Entered: 10/05/2021)
2021-10-058RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/8/2021. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL AND PLANT HEALTH INSPECTION SERVICE served on 10/1/2021. (See Docket Entry 7 to view document). (znmw) (Entered: 10/05/2021)
2021-10-139NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 10/13/2021)
2021-10-1810ANSWER to Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE.(Molen, Kathleene) (Entered: 10/18/2021)
2021-10-20MINUTE ORDER: It is hereby ORDERED that, on or before December 3, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear telephonically for an initial scheduling conference on December 10, 2021, at 11:00 a.m. The parties will receive a teleconference number and access code from the Deputy Clerk prior to the teleconference. Signed by Judge Randolph D. Moss on 10/20/2021. (lcrdm3) (Entered: 10/20/2021)
2021-11-0411NOTICE OF SUBSTITUTION OF COUNSEL by Michael A. Tilghman, II on behalf of ANIMAL AND PLANT HEALTH INSPECTION SERVICE Substituting for attorney Kathleene Molen (Tilghman, Michael) (Entered: 11/04/2021)
2021-12-0312Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Tilghman, Michael) (Entered: 12/03/2021)
2021-12-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties shall submit a further status report on or before January 3, 2022. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm3) (Entered: 12/06/2021)
2021-12-10MINUTE ORDER: In their joint status report, the parties represented that "[t]he only issue that that remains in this case is Plaintiff's request for attorneys fees and costs," and that they "need[ed] additional time to continue their discussions to determine whether they can resolve that issue without judicial intervention." Dkt. 12 at 1. At the parties' request, the Court ordered a further status report on or before January 3, 2022. See Minute Order (Dec. 6, 2021). In light of these developments, it is hereby ORDERED that the initial scheduling conference scheduled for December 10, 2021, at 11:00 a.m., is VACATED. Signed by Judge Randolph D. Moss on 12/10/2021. (lcrdm3) (Entered: 12/10/2021)
2022-01-0313STIPULATION of Dismissal by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Tilghman, Michael) (Entered: 01/03/2022)
2022-01-03MINUTE ORDER: Upon consideration of the stipulation of dismissal, Dkt. 13 , it is hereby ORDERED that the complaint is dismissed with prejudice. The Deputy Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 1/3/2022. (lcrdm3) (Entered: 01/03/2022)
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