Case Detail

FOIA Project Annotation: A federal court in South Dakota has ruled that 7 U.S.C. § 2018(c) is an Exemption 3 statute that protects redemption data, which includes the amount of money qualified stores are reimbursed for participating in the federal food stamp program. The Argus Leader submitted a request to the Food and Nutrition Service for information about the food stamp program, including the amounts reimbursed to specific stores. The agency provided some of the information, but withheld the redemption data under § 2018(c). Noting that whether or not § 2108(c) qualified as an Exemption 3 statute had never been litigated before, the court indicated that "the only time that it is acceptable to release information under the statute is if it is either for administrative or enforcement purposes or to investigate criminal activity. That restriction and the statutory language that discusses safeguarding or punishment for releasing information is the type of language that, on its face, is indicative of a withholding statute." The newspaper contended that the redemption data did not qualify under the statutory provision. The court disagreed, pointing out that the information required to be submitted by stores accepting food stamps "allows the government to determine if the applicant qualifies or continues to qualify for participation in the [food stamp] program. This type of information, especially to determine if a retailer continues to qualify for [food stamp] participation, includes the amount of income (redemption data) each retailer derives from [the program] and the federal government." The court concluded that "under the plain language of § 2018, not only is the statute a withholding statute, but Congress intended to exempt redemption data from disclosure."
Issues: Exemption 3 - Statutory prohibition of disclosure

FOIA Project Annotation: A federal court in South Dakota has ruled that food stamp redemption data showing the yearly redemption amounts paid to each participating store is not protected by either Exemption 4 (confidential business information) or Exemption 6 (invasion of privacy). In a case that was remanded by the Eighth Circuit after the appeals court found that a provision of the statute implementing the food stamp program did not qualify as an Exemption 3 statute, rather than disclose the data to the Argus Leader Media, the Food and Nutrition Service published a request in the Federal Register asking food stamp retailers whether they thought redemption data should be disclosed. Of the potential 321,988 retailers contacted, only 323 responded. Of those responding, 73 percent opposed disclosure of the data. Based on the results, FNS followed up with fifteen food stamp retailers who provided affidavits stating that disclosure could cause competitive harm. The agency then claimed the data was protected by Exemption 4 and Exemption 6. The court noted that in Madel v. Dept of Justice, 784 F.3d 448 (8th Cir. 2015), the most recent Eighth Circuit ruling involving Exemption 4, the court made clear that an Exemption 4 claim required an agency to "provide affidavits which justify the claimed exclusion of each document by correlating the purpose of the exemption with the actual portion of the document which is alleged to be exempt." The court found FNS had not done so here. The court pointed out that "because USDA received a small percentage of responses from [food stamp] retailers, there is evidence that supports the inference that the majority of retailers are not concerned about any competitive harm that might stem from the disclosure of individual store data." Turning to the privacy exemption claim, the court observed that "disclosure of individual store redemption data does not disclose individual finances because the data would not disclose what percentage of the retailer's sales are credited to [food stamps] or how much the retailer profits after deducting expenses. Additionally, a reasonable fact-finder could conclude that there is no threat of competitive harm with the disclosure of individual store data."
Issues: Exemption 4 - Competitive harm, Exemption 6 - Invasion of privacy

FOIA Project Annotation: After failing to convince the Eighth Circuit that data showing food stamp purchases at grocery stores was protected by Exemption 3 (other statutes), the Department of Agriculture has struck out once again in its attempt to claim the data was protected by Exemption 4 (confidential business information). Although the agency provided the district court in South Dakota plenty of industry affidavits testifying to the potential effects of disclosure on grocery stores' razor-thin profit margins, Judge Karen Schreier concluded the agency had not shown that data about food stamp purchases would cause competitive harm. Although food stamp purchase data could contribute to a number of analyzes of how the food stamp program works and whether or not it is effective, it has been the Sioux Falls Argus Leader that has carried the fight on this issue and Schreier's opinion is the newspaper's second victory. The Argus Leader requested data on the Supplemental Nutrition Assistance Program (SNAP) administered by the Agriculture Department's Food and Nutrition Service, including yearly spending totals at individual retail locations. The agency provided some records, but withheld most of the data under Exemption 3 and Exemption 4. In her first ruling, Schreier upheld the agency's Exemption 3 claim. However, on appeal, the Eighth Circuit reversed, finding that 7 U.S.C. § 2018(c) did not apply to the data being withheld. The Eighth Circuit sent the case back to Schreier to consider whether Exemption 4 might apply. After reviewing affidavits from both sides on the issue of competitive harm, Schreier concluded the agency had not shown a likelihood of competitive harm from disclosure. The government provided testimony from Joey Hays, owner of Dyer Foods, a small supermarket chain headquartered in Dyer, Tennessee, said he would not disclose SNAP data because his competitors could use it against him. However, he admitted that SNAP data would not disclose a store's total profits, that most of his stores' business was already in plain sight, and that Wal-Mart had already saturated his market. Andrew Johnstone, associate general counsel for Sears Holdings Management, testified that profit margins in the grocery business were small, that disclosure of SNAP data could affect sales at K-Mart stores, and that landlords might not renew lease agreements for stores that had a large number of food stamp users. Peter Larkin, president of the National Grocers Association, testified that disclosing SNAP data might cause competitors to target areas with high SNAP volume, but admitted that disclosing SNAP data would not be the same as disclosing a store's profits or net sales. The government's last witness was Gwen Forman, senior vice president of marketing at Cumberland Farms. She testified that disclosure of SNAP data could allow competitors to gauge how successful a store's advertising strategy was, but admitted that SNAP data alone would not determine a store's future plans or business strategy. The Argus Leader's testimony was provided by Richard Volpe, an assistant professor in the Agribusiness Department at California Polytechnic State University. Volpe testified that an array of store data was already publicly available and that analyzing SNAP data over a period of years had limited value. Ryan Sougstad, associate professor of Business Administration at Augustana University, also testified. He noted that SNAP data for individual stores would be of limited value in making decisions about where to locate new stores. The government called Bruce Kondracki, vice president of Market Insights and Consumer Research at Dakota Worldwide Corporation, as a rebuttal witness. Kondracki testified that grocery stores use model forecasts to determine where to add new stores and that SNAP data could improve the accuracy of these models. The newspaper argued that the data did not meet the threshold for coverage by Exemption 4 because it had not been obtained from a person. The newspaper contended that "because SNAP is a government program, the requested SNAP data is obtained from inside the government. The government is giving SNAP benefits to qualifying households, and the government then tracks where the SNAP households are spending their benefits." The Argus Leader pointed out that "the government is essentially keeping data on its own spending." Schreier rejected the claim, noting that the Eighth Circuit had already ruled that the data came from third-party processors "who verify whether the SNAP household has available SNAP benefits and that the third-party processor submits the redemption data to the Food and Nutrition Service." Having found the data was obtained from a third-party, however, Schreier concluded that it was neither privileged nor confidential. She noted that competitive harm was defined as harm caused by the use of proprietary information by a competitor, not because information might be embarrassing and harmful to a company's reputation. She found the agency had shown that actual competition existed in the grocery industry. But she observed that much of the data about store operations was already public and pointed out that "while SNAP data may be beneficial, it would not add significant insights into the grocery industry." She added that "any potential competitive harm from release of the requested SNAP data is speculative at best." She found the government had not shown that SNAP data would have any effect on the decision where to locate a store. She indicated that "although a high volume of SNAP sales might encourage a competitor to enter [a] geographical market, an equally compelling conclusion is that the competitor may decide to stay away from that market. Another equally compelling conclusion is that SNAP sales will have no or little effect on a store's decision to expand into new sites" because of a variety of other factors. Finding the agency had not shown a likelihood of substantial competitive harm, she concluded that "the requested SNAP data does not provide. . .insights into store profitability. SNAP sales are merely a part of the store's total revenue. SNAP data does not disclose a store's profit margins, net income, or net worth."
Issues: Exemption 4 - Competitive harm, Exemption 4 - Obtained from a person

FOIA Project Annotation: A federal court in South Dakota has awarded Argus Leader Media $68,422.67 in attorney's fees for the company's litigation against the Agriculture Department for records concerning redemptions at the individual store level under the Supplemental Nutrition Assistance Program. The extensive litigation included two trips to the Eighth Circuit. Finding that Argus Media might have some commercial interest in obtaining the information, the court observed that "the primary purpose of publishing such data is to inform the public how and where government resources are being used. Argus is not using its FOIA request to further a private interest in a dispute with the government." Although the government lost on its claim that Exemption 3 (other statutes) or Exemption 4 (confidential business information) protected the data, the court noted that "neither party disputes that USDA had a 'reasonable basis in law' to withhold the documents. FOIA Exemptions 3 and 4 provided a reasonable legal basis to withhold the requested information." The newspaper's attorney requested an hourly rate of $200, a rate the court found was within the range of rates previously approved in the district. But the court found that the attorney's claim that he spent 1,000 hours on the litigation was too high an estimate, particularly since the attorney admitted he did not normally keep hourly records for his client work. Instead, the court reduced the amount to 300 hours, providing an award of $60,000. The court also approved an additional $8,422.67 in costs.
Issues: Litigation - Attorney's fees - Entitlement - Calculation of award, Litigation - Attorney's fees - Eligibility

FOIA Project Annotation: A federal court in South Dakota has ruled that Argus Leader Media is not eligible for attorney's fees after the Supreme Court ruled in favor of the trade association Food Marketing Institute when it successfully challenged an Eighth Circuit decision finding that redemption rates of food stamps at grocery stores were not confidential under Exemption 4 (confidential business information) because the agency and the business intervenors had not shown that disclosure would cause substantial competitive harm. However, after the Department of Agriculture decided not to appeal the Eighth Circuit ruling, Food Marketing Institute petitioned the Supreme Court to consider whether the substantial competitive harm test was contrary to the plain language of Exemption 4. In Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019), the Supreme Court found the substantial competitive harm test was contrary to the language of Exemption 4 and opted to adopt a customarily confidential standard instead, in which records would be considered confidential if the business submitter customarily treated such records as confidential and the agency had agreed to treat them as confidential. Since both conditions were present under the circumstances, the Supreme Court majority ruled that the food stamp redemption rates were protected under Exemption 4. Because the district court had awarded Argus Leader Media attorney's fees previously for substantially prevailing in its litigation, the Argus Leader Media asked the district court to order the agency to pay the award, arguing that the Supreme Court decision only affected Food Institute Marketing members. The district court noted that "here, the question of whether the store-level SNAP [food stamps] data was protected from mandatory disclosure under Exemption 4 was permissibly decided by the Supreme Court." The district court observed that "in making these findings, the Court presumably found the issues to be sufficiently litigated or else it would have remanded the issues. In this court's review of the trial testimony, the Supreme Court's findings are supported by the evidence." The district court pointed out that "after review, this court does not see any open, unresolved issues of law or questions of fact, and neither has the Argus identified any undisposed of question or issues. Thus, on remand, the only tasks left before this court are ministerial duties of vacating any orders that are now inconsistent with the Supreme Court's rulings and entering judgment in favor of the USDA." The court rejected Argus Leader Media's argument that it had substantially prevailed by forcing the government to change its policy on whether or not SNAP redemption data was confidential But the district court noted that "the information requested by Argus was not and will no be released by the USDA because the Supreme Court held that the information was confidential under Exemption 4. Ultimately, this court is entering judgment in favor of the USDA. Therefore, Argus has not substantially prevailed by a judicial order." The district court observed that "here, the catalyst theory is not applicable because there is no showing of a causation effect by Argus's lawsuit because the information was never released. Argus did not present any case law where a change in policy satisfies the change in position standard. Generally, most cases analyzing a change in position are based on the release of records."
Issues: Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2011-08-26	1	COMPLAINT filed by Argus Leader Media. (Attachments: # 1 Ex 1 - 2/1/11 Ellis ltr to Weatherly, # 2 Ex 2 - Undated ltr. from Weatherly to Ellis, # 3 Ex 3 - 2/25/11 ltr from Ellis to USDA)(DJP) (Entered: 08/26/2011)
2011-08-26	2	CIVIL COVER SHEET (DJP) (Entered: 08/26/2011)
2011-08-26	3	Summons Issued as to United States Department of Agriculture (handed five true copies to Attorney Arneson) (DJP) (Main Document 3 replaced on 8/29/2011) (DJP). (Entered: 08/26/2011)
2011-08-26	4	Filing fee received: Fee Amount: $ 350, Receipt #: 23088. (DJP) (Entered: 08/26/2011)
2011-08-26	5	CORPORATE Disclosure Statement by Plaintiffs Argus Leader Media, Gannett Company, Inc. identifying Corporate Parent Gannett Company, Inc. for Argus Leader Media.. (DJP) (Entered: 08/26/2011)
2011-08-29	6	AFFIDAVIT of Service for Summons and Complaint served on Brendan Johnson, Thomas Vilsack, Eric H. Holder, Jr., Ramona E. Romero on August 26, 2011, filed by Argus Leader Media. (DJP) (Entered: 08/29/2011)
2011-09-29	7	ANSWER to 1 Complaint by United States Department of Agriculture.(Bengford, Stephanie) (Entered: 09/29/2011)
2011-09-30	8	SCHEDULING Request. Proposed Schedule due by 10/31/2011. Signed by Chief Judge Karen E. Schreier on 9/30/2011. (KC) (Entered: 09/30/2011)
2011-10-24	9	SCHEDULING PROPOSAL by Argus Leader Media. (Arneson, Jon) (Entered: 10/24/2011)
2011-10-31	10	RESPONSE to 8 Scheduling Request filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 10/31/2011)
2012-01-26	11	SCHEDULING ORDER: Motions due by 3/15/2012. Signed by Chief Judge Karen E. Schreier on 1/26/2012. (KC) (Entered: 01/26/2012)
2012-03-05	12	MOTION for Discovery Vaughn Index by Argus Leader Media. (Arneson, Jon) (Entered: 03/05/2012)
2012-03-15	13	MOTION to Continue Motion Deadline As to Exemption 4 by United States Department of Agriculture. (Attachments: # 1 Declaration of Jennifer Weatherly)(Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	14	MEMORANDUM in Support re 13 MOTION to Continue Motion Deadline As to Exemption 4 filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	15	RESPONSE to Motion re 12 MOTION for Discovery Vaughn Index filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	16	MOTION to Amend/Correct Answer by United States Department of Agriculture. (Attachments: # 1 Exhibit 1- Amended Answer)(Bengford, Stephanie) Modified to identify exhibit on 3/16/2012 (CMS). (Entered: 03/15/2012)
2012-03-15	17	MEMORANDUM in Support re 16 MOTION to Amend/Correct Answer filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	18	MOTION for Summary Judgment by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	19	AFFIDAVIT of Stephanie C. Bengford in Support re 18 MOTION for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) Modified title on 3/16/2012 (CMS). (Entered: 03/15/2012)
2012-03-15	20	AFFIDAVIT of Susan Modine in Support re 18 MOTION for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) Modified title on 3/16/2012 (CMS). (Entered: 03/15/2012)
2012-03-15	21	AFFIDAVIT of Andrea Gold in Support re 18 MOTION for Summary Judgment filed by United States Department of Agriculture. (Attachments: # 1 Exhibit)(Bengford, Stephanie) Modified title and exhibit on 3/16/2012 (CMS). (Entered: 03/15/2012)
2012-03-15	22	STATEMENT OF MATERIAL FACTS re 18 Motion for Summary Judgment by Defendant United States Department of Agriculture, Plaintiff Argus Leader Media filed by United States Department of Agriculture, Argus Leader Media. (Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	23	MEMORANDUM in Support re 18 MOTION for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/15/2012)
2012-03-15	24	(FILED IN ERROR) AFFIDAVIT of Jennifer Weatherly in Support re 18 MOTION for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) Modified title on 3/16/2012 (CMS). Modified on 3/19/2012 (CMS). (Entered: 03/15/2012)
2012-03-16		NOTICE of Filing Error: Affidavit in Support of Motion 24 filed by Defendant United States Department of Agriculture FILED IN ERROR (Bengford, Stephanie) (Entered: 03/16/2012)
2012-03-16	25	AFFIDAVIT of Jennifer N. Weatherly re 18 MOTION for Summary Judgment. (Attachments: # 1 A: original request, # 2 B: request acknowledgement ltr, # 3 C: FW:FOIA request acknowledgement ltr, # 4 D: initial response, # 5 E: appeal response, # 6 F: Arnson ltr, # 7 G: Weatherly email)(Bengford, Stephanie) (Entered: 03/16/2012)
2012-04-12	26	ORDER granting 13 Motion to Continue Briefing Deadline as to Exemption 4 for good cause shown. The court will consider Exemption 3 first and then schedule a new deadline regarding Exemption 4, if necessary. Signed by Chief Judge Karen E. Schreier on April 12, 2012. (Schreier, Karen) (Entered: 04/12/2012)
2012-04-12	27	TEXT ORDER granting 16 Motion to Amend/Correct of the United States Department of Agriculture for good cause shown and because Argus Leader Media has not objected and time for objections has expired. United States Department of Agriculture may file its amended answer by April 20, 2012. Signed by Chief Judge Karen E. Schreier on April 12, 2012. (Schreier, Karen) (Entered: 04/12/2012)
2012-04-13	28	Amended ANSWER to 1 Complaint by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 04/13/2012)
2012-04-26	29	MOTION to Extend Time to Respond re 18 Motion for Summary Judgment by Argus Leader Media. (Attachments: # 1 Affidavit of Jon Arneson(Arneson, Jon) Modified event type/text on 4/27/2012 (CMS). (Entered: 04/26/2012)
2012-05-07	30	TEXT ORDER granting 29 Motion to Extend. Deadline for filing responsive brief is extended to May 23, 2012. Signed by Chief Judge Karen E. Schreier on 5/7/2012. (KC) (Entered: 05/07/2012)
2012-05-08	31	STIPULATION Between Plaintiff and Defendant by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 05/08/2012)
2012-05-11	32	ORDER approving stipulation. Any claims in relation to disclosure of the FNS numbers are dismissed with prejudice. Signed by Chief Judge Karen E. Schreier on 5/11/2012. (KC) (Entered: 05/11/2012)
2012-05-23	33	MEMORANDUM in Opposition re 18 MOTION for Summary Judgment filed by Argus Leader Media. (Attachments: # 1 Exhibit A - 7 USC §2018, # 2 Exhibit B - 7 USC § 278.1, # 3 Exhibit C - SNAP Application for Stores)(Arneson, Jon) Modified to identify exhibits on 5/24/2012 (CMS). (Entered: 05/23/2012)
2012-05-23	34	STATEMENT OF MATERIAL FACTS re 33 Memorandum in Opposition to Motion by Plaintiff Argus Leader Media filed by Argus Leader Media. (Attachments: # 1 Jon E. Arneson Declaration in Opposition to Defendant's Motion for Summary Judgment, # 2 Jonathan Ellis Declaration in Opposition to Defendant's Motion for Summary Judgment)(Arneson, Jon) Modified on 5/24/2012 (CMS). (Entered: 05/23/2012)
2012-06-11	35	REPLY to 23 Memorandum in Support of Motion, 18 Motion for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 06/11/2012)
2012-06-11	36	DECLARATION of Susan Modine re 35 Reply. (Bengford, Stephanie) (Entered: 06/11/2012)
2012-06-11	37	DECLARATION of Jennifer Weatherly re 35 Reply. (Attachments: # 1 Exhibit 1 - Letter dated 08.05.2010, # 2 Exhibit 2 - response dated 08.31.2010)(Bengford, Stephanie) Modified on 6/12/2012 (CMS). (Entered: 06/11/2012)
2012-09-27	38	ORDER denying 12 Motion for Discovery; granting 18 Motion for Summary Judgment. Signed by Chief Judge Karen E. Schreier on 9/27/2012. (KC) (Entered: 09/27/2012)
2012-09-27	39	JUDGMENT in favor of United States Department of Agriculture against Argus Leader Media. Signed by Chief Judge Karen E. Schreier on 9/27/2012. (KC) (Entered: 09/27/2012)
2012-11-20	40	NOTICE OF APPEAL as to 38 Order on Motion for Discovery, Order on Motion for Summary Judgment by Argus Leader Media. (Attachments: # 1 Supplement Form A)(Arneson, Jon) (Entered: 11/20/2012)
2012-11-20		USCA Appeal Fees received $ 455 receipt number 27622 re 40 Notice of Appeal filed by Argus Leader Media (DJP) (Entered: 11/20/2012)
2012-11-20	41	TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re 40 Notice of Appeal (CMS) (Entered: 11/20/2012)
2012-11-21	42	USCA Case Number 12-3765 for 40 Notice of Appeal filed by Argus Leader Media. (CMS) (Entered: 11/21/2012)
2012-11-21	43	ORDER of USCA/ BRIEFING SCHEDULE as to 40 Notice of Appeal filed by Argus Leader Media. (CMS) (Entered: 11/21/2012)
2014-01-28	44	OPINION of USCA re: reversing and remanding for further proceedings consistent with this opinion as to 40 Notice of Appeal filed by Argus Leader Media (CMS) (Entered: 01/28/2014)
2014-01-28	45	JUDGMENT of USCA reversing and remanding for further proceedings consistent with opinion as to 40 Notice of Appeal filed by Argus Leader Media (CMS) Modified on 1/28/2014 (CMS). (Entered: 01/28/2014)
2014-03-25	46	MANDATE from 8th Circuit COA reversing and remanding the decision of the District Court as to 40 Notice of Appeal filed by Argus Leader Media (TAL) (Entered: 03/27/2014)
2014-04-01	47	SCHEDULING ORDER: Motions due by 6/30/2014. Signed by U.S. District Judge Karen E. Schreier on 4/1/2014. (KC) (Entered: 04/01/2014)
2014-06-17	48	MOTION to Extend re 47 Scheduling Order by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 06/17/2014)
2014-06-17	49	MEMORANDUM in Support re 48 MOTION to Extend re 47 Scheduling Order filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 06/17/2014)
2014-06-18	50	ORDER granting 48 Motion to Extend. Motions due 10/30/2014. Signed by U.S. District Judge Karen E. Schreier on 6/18/2014. (KC) (Entered: 06/18/2014)
2014-07-17	51	MOTION to Continue Discovery Deadlines by United States Department of Agriculture. (Attachments: # 1 Text of Proposed Order)(Bengford, Stephanie) (Entered: 07/17/2014)
2014-07-17	52	MEMORANDUM in Support re 51 MOTION to Continue Discovery Deadlines filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 07/17/2014)
2014-07-18	53	ORDER REGARDING DISCOVERY DEADLINES granting 51 Motion to Continue. Signed by U.S. District Judge Karen E. Schreier on 7/18/14. (DJP) (Entered: 07/18/2014)
2014-10-14	54	MOTION to Continue Motion Deadline by United States Department of Agriculture. (Attachments: # 1 Exhibit 1)(Bengford, Stephanie) (Entered: 10/14/2014)
2014-11-11	55	TEXT ORDER granting 54 Motion to Continue the deadline for filing motions for good cause shown and because no objections were filed. Motions due by 1/20/2015. Signed by U.S. District Judge Karen E. Schreier on November 11, 2014. (Schreier, Karen) (Entered: 11/11/2014)
2015-01-20	56	Second MOTION to Amend/Correct 7 Answer to Complaint by United States Department of Agriculture. (Attachments: # 1 Exhibit second amended answer)(Bengford, Stephanie) (Entered: 01/20/2015)
2015-01-20	57	MEMORANDUM in Support re 56 Second MOTION to Amend/Correct 7 Answer to Complaint filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 01/20/2015)
2015-01-20	58	MOTION for Summary Judgment by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 01/20/2015)
2015-01-20	59	DECLARATION of Andrea Gold re 58 MOTION for Summary Judgment . (Attachments: # 1 Ex. A - call transcript, # 2 Ex. B - email from FNS, # 3 Ex. C - declaration template, # 4 Ex. D1 - Barnes declaration, # 5 Ex. D2 - Bourne declaration, # 6 Ex. D3 - Buche declaration, # 7 Ex. D4 - Barbier declaration, # 8 Ex. D5 - Gresham declaration, # 9 Ex. D6 - Hays declaration, # 10 Ex. D7 - Champagne declaration, # 11 Ex. D8 - Forman declaration, # 12 Ex. D9 - LeBlanc declaration, # 13 Ex. D10 - Macks declaration, # 14 Ex. D11 - Larkin declaration, # 15 Ex. D12 - Snyder declaration, # 16 Ex. D13 - St. Germain declaration, # 17 Ex. D14 - Perret declaration, # 18 Ex. D15 - Zahar declaration, # 19 Ex. E - SNAP redemption chart, # 20 Ex. F FNS literature)(Bengford, Stephanie) (Entered: 01/20/2015)
2015-01-20	60	STATEMENT OF MATERIAL FACTS re 58 Motion for Summary Judgment by Defendant United States Department of Agriculture filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 01/20/2015)
2015-01-20	61	MEMORANDUM in Support re 58 MOTION for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 01/20/2015)
2015-01-22	62	MOTION to Extend Deadlines to file response to SJ motion and statement of material facts by Argus Leader Media. (Attachments: # 1 Affidavit Arneson affidavit)(Arneson, Jon) (Entered: 01/22/2015)
2015-01-23	63	RESPONSE to Motion re 62 MOTION to Extend Deadlines to file response to SJ motion and statement of material facts filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 01/23/2015)
2015-01-23	64	ORDER granting 62 Motion to Extend Deadlines. Plaintiff's response due by 3/31/2015. Signed by U.S. District Judge Karen E. Schreier on 1/23/2015. (KC) (Entered: 01/23/2015)
2015-02-03	65	SUPPLEMENT by Defendant United States Department of Agriculture re 59 Declaration,,, . (Attachments: # 1 Exhibit Exhibit C - email & declaration template)(Bengford, Stephanie) (Entered: 02/03/2015)
2015-02-08	66	RESPONSE to Motion re 56 Second MOTION to Amend/Correct 7 Answer to Complaint filed by Argus Leader Media. (Arneson, Jon) (Entered: 02/08/2015)
2015-02-12	67	ORDER granting 56 Motion to Amend/Correct Answer for good cause shown and no objection by Argus Leader. Signed by U.S. District Judge Karen E. Schreier on February 12, 2015. (Schreier, Karen) (Entered: 02/12/2015)
2015-02-18	68	(FILED IN ERROR) Seconded Amended ANSWER to 1 Complaint by United States Department of Agriculture. (Bengford, Stephanie) Modified on 2/20/2015 (SAT). (Entered: 02/18/2015)
2015-02-19		NOTICE of Filing Error: 68 Answer to Complaint was filed in error and should be disregarded. (Bengford, Stephanie) (Entered: 02/19/2015)
2015-02-19	69	Second Amended ANSWER to 1 Complaint by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 02/19/2015)
2015-03-31	70	FILED IN ERROR - Second MOTION for Summary Judgment Response to Material Facts by Argus Leader Media. (Arneson, Jon) Modified by editing docket text on 4/1/2015 (DLC). (Entered: 03/31/2015)
2015-03-31	71	FILED IN ERROR - Second MOTION for Summary Judgment Brief Opposing SJ#2 Motion by Argus Leader Media. (Attachments: # 1 Exhibit Ex.Order 12600, # 2 Exhibit 7 C.F.R. §1.12, # 3 Exhibit Retailer Notices, # 4 Exhibit Fed. Reg. "RFI", # 5 Exhibit USDA Press Release, # 6 Exhibit Arneson Declaration, # 7 Exhibit Ellis Declaration)(Arneson, Jon) Modified by editing docket text on 4/1/2015 (DLC). (Entered: 03/31/2015)
2015-04-01		NOTICE of Filing Error: 70 Motion for Summary Judgment, 71 Motion for Summary Judgment, was filed in error and should be disregarded. (Arneson, Jon) (Entered: 04/01/2015)
2015-04-01	72	STATEMENT OF Plaintiff's MATERIAL FACTS re 58 Motion for Summary Judgment, 60 Statement of Material Facts by Plaintiff Argus Leader Media filed by Argus Leader Media. (Arneson, Jon) (Entered: 04/01/2015)
2015-04-01	73	MEMORANDUM in Opposition re 58 MOTION for Summary Judgment #2 filed by Argus Leader Media. (Attachments: # 1 Exhibit Ex. Order 12600, # 2 Exhibit 7 C.F.R. §1.12, # 3 Exhibit Retailer Notices, # 4 Exhibit Fed.Register "RFI", # 5 Exhibit USDA Press Release, # 6 Exhibit Arneson Declaration, # 7 Exhibit Ellis Declaration)(Arneson, Jon) (Entered: 04/01/2015)
2015-04-16	74	MOTION to Continue Reply Deadline by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 04/16/2015)
2015-04-16	75	RESPONSE to Motion re 74 MOTION to Continue Reply Deadline filed by Argus Leader Media. (Arneson, Jon) (Entered: 04/16/2015)
2015-04-16	76	ORDER granting 74 Motion to Continue. Reply due 6/1/2015. Signed by U.S. District Judge Karen E. Schreier on 4/16/2015. (KC) (Entered: 04/16/2015)
2015-06-01	77	REPLY to 58 Motion for Summary Judgment filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 06/01/2015)
2015-06-01	78	DECLARATION of Andrea Gold re 58 MOTION for Summary Judgment (Attachments: # 1 Exhibit A - 78 Fed. Reg. 11,967, # 2 Exhibit B- 7 C.F.R. 271.2, # 3 Exhibit C - Megan Luther FOIA Request)(Bengford, Stephanie) (Entered: 06/01/2015)
2015-06-01	79	RESPONSE to 72 Statement of Material Facts filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 06/01/2015)
2015-09-30	80	ORDER denying 58 Motion for Summary Judgment. Signed by U.S. District Judge Karen E. Schreier on 9/30/15. (DJP) (Entered: 09/30/2015)
2015-10-30	81	SCHEDULING ORDER: Pretrial Conference set for 1/25/2016 at 01:30 PM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Jury Trial set for 2/3/2016 at 09:00 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 10/30/15. (SLW) (Entered: 10/30/2015)
2015-11-30	82	PROPOSED Schedule by Argus Leader Media (Attachments: # 1 Arneson declaration) (Arneson, Jon) Modified by editing docket text on 12/1/2015 (DLC). (Entered: 11/30/2015)
2015-12-03	83	PROPOSED Schedule by United States Department of Agriculture (Bengford, Stephanie) (Entered: 12/03/2015)
2015-12-03	84	DECLARATION of Stephanie Bengford re 83 Proposed Schedule (Attachments: # 1 Exhibit A - Emails 10/5 & 10/6, # 2 Exhibit B- Emails 10/5 & 10/6, # 3 Exhibit C - Email 10/7, # 4 Exhibit D - Email 10/7, # 5 Exhibit E - Emails 10/7, # 6 Exhibit F - Emails 10/7 & 10/5, # 7 Exhibit G - Emails 10/5, 10/7 & 10/8, # 8 Exhibit H - Emails 10/5, 10/7 & 10/8, # 9 Exhibit I - Emails 10/9, # 10 Exhibit J - Email 10/14, # 11 Exhibit K- Emails 10/14, # 12 Exhibit L - Emails 11/17, 11/18, 11/20, # 13 Exhibit M - Emails 11/17, 11/8 & 11/20, # 14 Exhibit N - Letter dated 10/8, # 15 Exhibit O - Resp to RFP 9/12/14, # 16 Exhibit P - Resp to RFP 10/14/15, # 17 Exhibit Q- Resp to Interrogatories 10/14/15) (Bengford, Stephanie) (Entered: 12/03/2015)
2015-12-07	85	REPLY to 83 Proposed Schedule filed by Argus Leader Media. (Arneson, Jon) (Entered: 12/07/2015)
2015-12-08	86	SCHEDULING ORDER: Discovery due by 4/28/2016. Court Trial set for 5/24/2016 at 09:00 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 12/8/15. (SLW) (Entered: 12/09/2015)
2016-01-15	87	MOTION to Continue Pretrial Deadlines by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 01/15/2016)
2016-01-19	88	AMENDED SCHEDULING ORDER:( Pretrial Conference set for 5/19/2016 at 01:30 PM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier., Court Trial set for 5/24/2016 at 09:00 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier.), Motions terminated: 87 MOTION to Continue Pretrial Deadlines filed by United States Department of Agriculture. Signed by U.S. District Judge Karen E. Schreier on 1/19/16. (SLW) (Entered: 01/19/2016)
2016-02-10	89	First MOTION to Extend Deadlines Motion to correct discovery order by Argus Leader Media. (Attachments: # 1 Affidavit)(Arneson, Jon) (Entered: 02/10/2016)
2016-02-11	90	RESPONSE to Motion re 89 First MOTION to Extend Deadlines Motion to correct discovery order filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 02/11/2016)
2016-02-12	91	REPLY to Motion Response re 89 First MOTION to Extend Deadlines Motion to correct discovery order filed by Argus Leader Media. (Arneson, Jon) (Entered: 02/12/2016)
2016-02-12	92	ORDER granting 89 Motion to Extend Deadlines. The court inadvertently made an error in designating the name of the party required to disclose reports in its prior order and wishes that the parties would have brought this to the court's attention earlier. As a result, the new deadlines are as follows: Defendant's deadline to disclose the identity of and reports from its retained expert is March 28, 2016 and Plaintiff's deadline to disclose the identity of and reports from its retained expert is April 28, 2016. All expert witness depositions must be completed by May 13, 2016. Signed by U.S. District Judge Karen E. Schreier on February 12, 2016. (Schreier, Karen) (Entered: 02/12/2016)
2016-04-20	93	MOTION Expedited Motion for Court Order by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 04/20/2016)
2016-04-20	94	ORDER granting 93 Motion. Defendant has the burden of proof and will put its case-in-chief on first. Signed by U.S. District Judge Karen E. Schreier on April 20, 2016. (Schreier, Karen) (Entered: 04/20/2016)
2016-05-11	95	Pretrial Submissions by Argus Leader Media. (Attachments: # 1 Supplement)(Arneson, Jon) (Entered: 05/11/2016)
2016-05-11	96	Pretrial Submissions by United States Department of Agriculture.(Bengford, Stephanie) (Entered: 05/11/2016)
2016-05-12	97	MOTION for Attorney Robert Philip Charrow to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2249909) by Robert Chorrow. (Clayton, William) (Entered: 05/12/2016)
2016-05-12	98	ORDER granting 97 Motion for Admission Pro Hac Vice of Robert Charrow. Signed by U.S. District Judge Karen E. Schreier on 5/12/16. (DJP) (Entered: 05/12/2016)
2016-05-16	99	STIPULATION as to the Trial by United States Department of Agriculture (Bengford, Stephanie) (Entered: 05/16/2016)
2016-05-17	100	Unopposed MOTION for Leave to Permit Pro Hac Vice Attorney to be present at the Governments counsel table during Mr. Johnstones testimony by Robert Charrow. (Attachments: # 1 Text of Proposed Order Proposed Order)(Clayton, William) Modified on 5/18/2016 (DJP). (Entered: 05/17/2016)
2016-05-17	101	MOTION for Protective Order by United States Department of Agriculture. (Attachments: # 1 Text of Proposed Order)(Bengford, Stephanie) (Entered: 05/17/2016)
2016-05-17	102	MEMORANDUM in Support re 101 MOTION for Protective Order filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 05/17/2016)
2016-05-19	103	Protective Order. Signed by U.S. District Judge Karen E. Schreier on 5/19/16. (DJP) (Entered: 05/19/2016)
2016-05-19	104	ORDER denying 100 Motion for Leave to allow pro hac vice counsel to appear without the presence of local counsel and to sit at Government counsel's table while a Sears' employee testifies. D.S.D. Civ. L.R 83.2.E requires local counsel to be present during all court proceedings when out of state counsel are admitted pro hac vice. Pro hac vice counsel, who represents a government witness, has not shown good cause as to why the local rule should not be applied in this case. Therefore, the motion is denied. Pro hac vice counsel also moves for permission to sit at the government counsel table during the testimony of his client, Mr. Johnstone. This court has conducted many trials where counsel for a witness sat in the public gallery area, which is directly behind the counsel tables. No problems have been evident or brought to the court's attention regarding this procedure. The court finds that pro hac vice counsel has not shown good cause as to why pro hac vice counsel could not adequately protect the interests of his client while seated in the public gallery. As a result, both motions are denied. Signed by U.S. District Judge Karen E. Schreier on May 11, 2016. (Schreier, Karen) (Entered: 05/19/2016)
2016-05-19	105	Pretrial Conference held on 5/19/2016 before U.S. District Judge Karen E. Schreier (Court Reporter Jill Connelly) (MWT) (Entered: 05/19/2016)
2016-05-20	106	MOTION to Extend Time for Offering Expert Testimony by Argus Leader Media. (Attachments: # 1 Affidavit Arneson declaration)(Arneson, Jon) (Entered: 05/20/2016)
2016-05-23	107	RESPONSE to Motion re 106 MOTION to Extend Time for Offering Expert Testimony filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 05/23/2016)
2016-05-23	108	REPLY to Motion Response re 106 MOTION to Extend Time for Offering Expert Testimony filed by Argus Leader Media. (Arneson, Jon) (Entered: 05/23/2016)
2016-05-24	109	NOTICE of Appearance by Chu-Yuan Hwang on behalf of United States Department of Agriculture. (Hwang, Chu-Yuan) (Entered: 05/24/2016)
2016-05-24	110	NOTICE of Appearance by David K. Gaston on behalf of United States Department of Agriculture. (Gaston, David) (Entered: 05/24/2016)
2016-05-24		Court Trial began on 5/24/2016 before U.S. District Judge Karen E. Schreier (Court Reporter Jill Connelly) (MWT) (Entered: 05/25/2016)
2016-05-25	111	Court Trial completed on 5/25/2016 before U.S. District Judge Karen E. Schreier (Court Reporter Jill Connelly) (MWT) (Entered: 05/25/2016)
2016-05-25	112	Exhibit List by Argus Leader Media. Related document: 111 Court Trial - Completed.(MWT) (Additional attachment(s) added on 1/31/2019: # 1 Exhibits) (DJP). (Entered: 05/25/2016)
2016-05-25	113	Exhibit List by United States Department of Agriculture. Related document: 111 Court Trial - Completed.(MWT) (Additional attachment(s) added on 1/31/2019: # 1 Exhibits) (DJP). (Entered: 05/25/2016)
2016-06-09	114	MOTION to Extend Briefing Deadline by United States Department of Agriculture. (Attachments: # 1 Text of Proposed Order)(Bengford, Stephanie) (Entered: 06/09/2016)
2016-06-09	115	ORDER granting 114 Motion to Extend. All briefs should be filed by June 22, 2016. Signed by U.S. District Judge Karen E. Schreier on 6/9/16. (DJP) (Entered: 06/09/2016)
2016-06-16	116	MOTION to Extend Deadlines by Argus Leader Media. (Attachments: # 1 Text of Proposed Order)(Arneson, Jon) (Entered: 06/16/2016)
2016-06-17	117	ORDER granting 116 Motion to Extend Deadlines. Signed by U.S. District Judge Karen E. Schreier on 6/17/2016. (JLS) (Entered: 06/17/2016)
2016-06-19	118	PARTIAL TRANSCRIPT of Proceedings re 111 Court Trial - Testimony of Shelly Pierce and Andrea Gold - held on May 24 & 25, 2016 before Judge Karen E. Schreier. Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/20/2016. Release of Transcript Restriction set for 9/19/2016. (Connelly, Jill) (Entered: 06/19/2016)
2016-06-19	119	PARTIAL TRANSCRIPT of Proceedings re 111 Court Trial - Testimony of Andrew Johnstone - held on May 24, 2016 before Judge Karen E. Schreier. Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/20/2016. Release of Transcript Restriction set for 9/19/2016. (Connelly, Jill) (Entered: 06/19/2016)
2016-06-19	120	NOTICE of Filing of Official Transcripts re 111 Court Trial - 2 PARTIAL TRANSCRIPTS. The Court Reporter shall manually serve a hard copy of this Notice on all non-ECF counsel. (Connelly, Jill) (Entered: 06/19/2016)
2016-06-22	121	TRIAL BRIEF (Post) by United States Department of Agriculture.(Bengford, Stephanie) (Entered: 06/22/2016)
2016-06-28	122	PARTIAL TRANSCRIPT of Proceedings re 111 Court Trial - Closing Statements - held on 5-25-2016 before Judge Karen E. Schreier. Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/19/2016. Redacted Transcript Deadline set for 7/29/2016. Release of Transcript Restriction set for 9/27/2016. (Connelly, Jill) Modified on 2/3/2017 to seal per 152 (SLW). (Entered: 06/28/2016)
2016-06-28	123	NOTICE of Filing of Official Transcript re 111 Court Trial - PARTIAL TRANSCRIPT - CLOSING STATEMENTS. The Court Reporter shall manually serve a hard copy of this Notice on all non-ECF counsel. (Connelly, Jill) (Entered: 06/28/2016)
2016-07-20	124	BRIEF by Plaintiff Argus Leader Media Post-Trial Responsive Brief (Arneson, Jon) (Entered: 07/20/2016)
2016-07-26	125	REPLY to 124 Brief filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 07/26/2016)
2016-07-28	126	RESPONSE to 125 Reply Clarifications filed by Argus Leader Media. (Arneson, Jon) (Entered: 07/28/2016)
2016-11-30	127	(Vacated per doc. 231) MEMORANDUM OPINION AND ORDER Signed by U.S. District Judge Karen E. Schreier on 11/30/16. (SLW) Modified on 4/1/2020 (SAC). (Entered: 11/30/2016)
2016-11-30	128	(Vacated per doc. 231) JUDGMENT in favor of Argus Leader Media against United States Department of Agriculture. Signed by U.S. District Judge Karen E. Schreier on 11/30/16. (SLW) Modified on 4/1/2020 (SAC). (Entered: 11/30/2016)
2016-12-14	129	MOTION for Attorney Fees by Argus Leader Media. (Arneson, Jon) (Entered: 12/14/2016)
2016-12-16	130	MOTION to Extend Deadlines by Argus Leader Media. (Attachments: # 1 Affidavit)(Arneson, Jon) (Entered: 12/16/2016)
2016-12-16	131	BILL OF COSTS by Argus Leader Media (Attachments: # 1 Supplement) (Arneson, Jon) (Entered: 12/16/2016)
2016-12-19	132	ORDER granting 130 Motion to Extend Deadlines. Plaintiff's motion for attorney's fees under LR 54.1.C. is due January 13, 2017. Signed by U.S. District Judge Karen E. Schreier on 12/19/16. (DJP) (Entered: 12/19/2016)
2016-12-30	133	MOTION to Extend re 131 Bill of Costs to Respond by United States Department of Agriculture. (Attachments: # 1 Text of Proposed Order)(Bengford, Stephanie) (Entered: 12/30/2016)
2016-12-30	134	ORDER granting 133 Motion to Extend. USDA's response to plaintiff's bill of costs is due the same day which will ultimately be set for USDA to respond to plaintiff's motion or attorney fees. Signed by U.S. District Judge Karen E. Schreier on 12/30/16. (SLW) (Entered: 12/30/2016)
2017-01-04	135	Second MOTION to Extend Deadlines LR 54.1(C) - Attorney's fees affidavit by Argus Leader Media. (Arneson, Jon) (Entered: 01/04/2017)
2017-01-05	136	ORDER granting 135 Motion to Extend Deadlines. The deadline for filing the affidavit in support of the motion for attorney's fees will be February 21, 2017. Signed by U.S. District Judge Karen E. Schreier on 1/5/17. (DJP) (Entered: 01/05/2017)
2017-01-23	137	MOTION to Compel by Argus Leader Media. (Attachments: # 1 Exhibit USDA "Decision Memo", # 2 Exhibit USDA notice of data release, # 3 Exhibit Argus FOIA request #2 (2015))(Arneson, Jon) (Entered: 01/23/2017)
2017-01-27	138	Emergency MOTION to Intervene, to Stay the Judgment, and for Extension of Time to File Notice of Appeal by Food Marketing Institute. (Fritz, Daniel) Modified on 1/30/2017 (DJP). (Entered: 01/27/2017)
2017-01-27	139	Memorandum in Support re 138 Emergency MOTION to Intervene to Stay the Judgment and for Extension of Time to File Notice of Appal filed by Food Marketing Institute. (Attachments: # 1 Exhibit 1 (Declaration of Food Marketing Institute), # 2 Exhibit 2 (Declaration of H-E-B Grocery Company, L.P., # 3 Exhibit 3, (Declaration of National Grocers Association) # 4 Exhibit 4 (Declaration of David Mitchell)) (Fritz, Daniel) Modified on 1/30/2017 to add text (DJP). Modified text on 1/30/2017 (SLW). (Entered: 01/27/2017)
2017-01-27	140	MOTION for Attorney Thomas R. Phillips to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2437377) by Food Marketing Institute. (Fritz, Daniel) (Entered: 01/27/2017)
2017-01-27	141	MOTION for Attorney Gavin R. Villareal to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-2437379) by Food Marketing Institute. (Fritz, Daniel) (Entered: 01/27/2017)
2017-01-30	142	RESPONSE to Motion re 138 Emergency MOTION to Intervene to Stay the Judgment and for Extension of Time to File Notice of Appeal filed by Argus Leader Media. (Attachments: # 1 Exhibit FMI declaration, # 2 Exhibit FMI RFI comment, # 3 Exhibit Answer to Interrogatory, # 4 Exhibit Production response, # 5 Exhibit Gold SJ declaration, # 6 Exhibit Larkin SJ declaration, # 7 Exhibit Larking declaration letter, # 8 Exhibit Larkin expert report, # 9 Exhibit FMI report 9-9-14, # 10 Exhibit FMI report 12-2-14, # 11 Exhibit FMI report 12-16-14)(Arneson, Jon) (Entered: 01/30/2017)
2017-01-30	143	ORDER granting 138 FMIs motion to intervene. The court stays its judgment. FMI is required to post a $20,000 bond. The court also grants FMIs motion for a 15-day extension to file an appeal. Signed by U.S. District Judge Karen E. Schreier on 01/30/2017. (MWT) (Entered: 01/30/2017)
2017-01-31	144	ORDER granting 140 Motion for Admission Pro Hac Vice of Attorney Gavin R. Villareal for Food Marketing Institute. Signed by U.S. District Judge Karen E. Schreier on 1/31/2017. (JLS) (Entered: 01/31/2017)
2017-01-31	145	ORDER granting 141 Motion for Admission Pro Hac Vice of Attorney Thomas R. Phillips for Food Marketing Institute. Signed by U.S. District Judge Karen E. Schreier on 1/31/2017. (JLS) (Entered: 01/31/2017)
2017-01-31	146	RESPONSE to Motion re 137 MOTION to Compel filed by Food Marketing Institute. (Fritz, Daniel) (Entered: 01/31/2017)
2017-02-03	147	BOND in the amount of $ $20,000 posted by Food Marketing Institute. Receipt #SDX400042442 (SLW) (Entered: 02/03/2017)
2017-02-03	148	RESPONSE to Motion re 137 MOTION to Compel filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 02/03/2017)
2017-02-03	149	DECLARATION of Stephanie Bengford re 148 Response to 137 Motion to Compel (Bengford, Stephanie) Modified on 2/6/2017 to add link (DJP). (Entered: 02/03/2017)
2017-02-07	153	REDACTED Transcript re 122 Transcript. (Connelly, Jill) (Entered: 02/07/2017)
2017-02-10	154	EXPEDITED MOTION to Amend/Correct 103 Protective Order by United States Department of Agriculture. (Attachments: # 1 Text of Proposed Order)(Bengford, Stephanie) Modified on 2/13/2017 to add link and language (DJP). (Entered: 02/10/2017)
2017-02-10	155	MEMORANDUM in Support re 154 MOTION to Amend/Correct Protective Order filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 02/10/2017)
2017-02-13	156	AMENDED PROTECTIVE ORDER granting 154 Motion to Amend/Correct. Signed by U.S. District Judge Karen E. Schreier on 2/13/17. (SLW) (Entered: 02/13/2017)
2017-02-14	157	NOTICE OF APPEAL as to 128 Judgment by Food Marketing Institute. (paid $505 Appellate Filing fee; receipt number 0869-2449298) (Fritz, Daniel) (Entered: 02/14/2017)
2017-02-14	158	Second MOTION to Extend Deadlines Affidavit re: Motion for Attorney's Fees by Argus Leader Media. (Attachments: # 1 Affidavit)(Arneson, Jon) (Entered: 02/14/2017)
2017-02-14	159	TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re 157 Notice of Appeal (DJP) (Entered: 02/14/2017)
2017-02-15		COURT REPORTER Information: Jill Connelly,, 400 South Phillips Avenue, Sioux Falls SD 57104 - (605) 330-6669 (DJP) (Entered: 02/15/2017)
2017-02-15	160	USCA Case Number for 157 Notice of Appeal filed by Food Marketing Institute. USCA Case Number: 17-1346. (TAL) (Additional attachment(s) added on 2/15/2017: # 1 Briefing Schedule) (TAL). (Entered: 02/15/2017)
2017-02-16	161	ORDER denying 158 Motion to Extend Deadlines. Plaintiff's affidavit is due 2/28/17. Signed by U.S. District Judge Karen E. Schreier on 2/16/2017. (JLS) (Entered: 02/16/2017)
2017-02-16		TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 161 Order on Motion to Extend Deadlines (JLS) (Entered: 02/16/2017)
2017-02-16	162	ORDER denying as moot 137 Motion to Compel. Signed by U.S. District Judge Karen E. Schreier on February 16, 2017. (Schreier, Karen) (Entered: 02/16/2017)
2017-02-16		TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 161 Order on Motion to Extend Deadlines (JLS) (Entered: 02/16/2017)
2017-02-16		TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 162 Order on Motion to Compel (JLS) (Entered: 02/16/2017)
2017-02-27	163	AFFIDAVIT in Support re 129 MOTION for Attorney Fees filed by Argus Leader Media. (Attachments: # 1 Affidavit)(Arneson, Jon) (Entered: 02/27/2017)
2017-03-14	164	MOTION to Extend re 129 MOTION for Attorney Fees to file Response to Bill of Costs and Motion for Attorney's Fees by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/14/2017)
2017-03-15	165	RESPONSE to Motion re 164 MOTION to Extend re 129 MOTION for Attorney Fees to file Response to Bill of Costs and Motion for Attorney's Fees filed by Argus Leader Media. (Arneson, Jon) (Entered: 03/15/2017)
2017-03-16	166	ORDER granting 164 Motion to Extend. Defendant's Response is due by 3/31/17. Signed by U.S. District Judge Karen E. Schreier on 3/16/2017. (JLS) (Entered: 03/16/2017)
2017-03-27	167	ORDER of USCA granting court reporter motion for extension; transcript now due 4/26/17 as to 157 Notice of Appeal filed by Food Marketing Institute (TAL) (Entered: 03/27/2017)
2017-03-29	168	TRANSMITTAL of Documents to COA (Court Trial Exhibits) (DJP) (Entered: 03/29/2017)
2017-03-31	169	RESPONSE to Motion re 129 MOTION for Attorney Fees filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/31/2017)
2017-03-31	170	DECLARATION of Stephanie Bengford re 169 Response to 129 Motion for Attorney Fees (Attachments: # 1 Exhibit 1 - Bills to Argus)(Bengford, Stephanie) Modified on 4/3/2017 to add link (DJP). (Entered: 03/31/2017)
2017-03-31	171	RESPONSE to 131 Bill of Costs filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 03/31/2017)
2017-04-01	172	MOTION for Leave to Reply to Defendant's responses to motion for attorney's fees and bill of costs by Argus Leader Media. (Arneson, Jon) (Entered: 04/01/2017)
2017-04-04	173	ORDER granting 172 Motion for Leave to Reply to Defendant's responses to motion for attorney's fees and bill of costs. Signed by U.S. District Judge Karen E. Schreier on 4/4/2017. (JLS) (Entered: 04/04/2017)
2017-04-20	174	ORDER of USCA granting Motion for Extension of Time to File Transcript as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 04/20/2017)
2017-04-21	175	REPLY to Motion Response re 129 MOTION for Attorney Fees filed by Argus Leader Media. (Attachments: # 1 (1/18/17 Decision Memo, # 2 January 2017 emails, # 3 Declaration of Jon E. Arneson 4/21/17; # 4 Declaration of Cory Myers 4/19/17, # 5 Declaration of David Bordewyk 4/17/17, # 6 Declaration of Tena Haraldson 4/20/17)(Arneson, Jon) Modified on 4/24/2017 to add descriptions (DJP). (Entered: 04/21/2017)
2017-04-21	176	REPLY to Defendant's Response to 131 Bill of Costs filed by Argus Leader Media. (Arneson, Jon) (Entered: 04/21/2017)
2017-04-26	177	First MOTION for Leave to To Supplement Material in Support of Motion for Attorney's Fees by Argus Leader Media. (Attachments: # 1 Supplemental Affidavit of Jon Arneson 4/26/17, # 2 Exhibit 1 (Spreadsheet), # 3 Exhibit 2 (list of accumulated computer contents), # 4 Exhibit 3 - list of emails)(Arneson, Jon) Modified on 4/27/2017 (DJP). (Entered: 04/26/2017)
2017-04-27	178	ORDER granting 177 MOTION for Leave to Supplement Material. Evidentiary Hearing set for 5/8/2017 at 02:30 PM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 4/27/17. (SLW) (Entered: 04/27/2017)
2017-05-01	179	MOTION Status Conference re 178 Scheduling Order,, Terminate Motions, by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 05/01/2017)
2017-05-03	180	MOTION to Continue or Cancel Evidentiary Hearing by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 05/03/2017)
2017-05-04	181	NOTICE of Appearance by Kevin Koliner on behalf of United States Department of Agriculture. (Koliner, Kevin) (Entered: 05/04/2017)
2017-05-04	182	RESPONSE to 180 Motion to Continue or Cancel Evidentiary Hearing filed by Argus Leader Media. (Arneson, Jon) (Entered: 05/04/2017)
2017-05-05	183	ORDER denying as moot 179 Motion for a Status Conference; granting 180 Motion to Cancel Evidentiary Hearing. Signed by U.S. District Judge Karen E. Schreier on 5/5/2017. (JLS) (Entered: 05/05/2017)
2017-05-05		TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 183 Order on Motion for Miscellaneous Relief, Order on Motion to Continue (DJP) (Entered: 05/05/2017)
2017-06-18	184	TRANSCRIPT of Proceedings re 105 Pretrial Conference held on May 19, 2016 before Judge Karen E. Schreier. Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/10/2017. Redacted Transcript Deadline set for 7/19/2017. Release of Transcript Restriction set for 9/18/2017. (Connelly, Jill) (Entered: 06/18/2017)
2017-06-18	185	TRANSCRIPT of Proceedings re 111 Court Trial - Completed held on May 24&25, 2016 before Judge Karen E. Schreier. Volume I of II. (Volume II is attached) Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/10/2017. Redacted Transcript Deadline set for 7/19/2017. Release of Transcript Restriction set for 9/18/2017. (Attachments: # 1 Volume II of II) (Connelly, Jill) (Entered: 06/18/2017)
2017-06-18	186	REDACTED Transcript re 185 Transcript, Court Trial, Vol. II of II, held on May 25, 2016. (Connelly, Jill) (Entered: 06/18/2017)
2017-06-18	187	SEALED PARTIAL TRANSCRIPT of Proceedings re 111 Sealed rebuttal testimony of Gwen Forman during the Court Trial held on 5-25-2016 before Judge Karen E. Schreier. Court Reporter: Jill Connelly, Telephone number 605-330-6669. Transcript may be viewed at the Clerk's Office public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/10/2017. Redacted Transcript Deadline set for 7/19/2017. Release of Transcript Restriction set for 9/18/2017. (Connelly, Jill) (Entered: 06/18/2017)
2017-06-18	188	NOTICE of Filing of Official Transcript re 111 Court Trial - Completed, 105 Pretrial Conference. The Court Reporter shall manually serve a hard copy of this Notice on all non-ECF counsel. (Connelly, Jill) (Entered: 06/18/2017)
2017-06-20	189	TRANSMITTAL of Documents to COA (Transcripts) (DJP) (Entered: 06/20/2017)
2017-06-20	190	MOTION Access to Sealed Doc 187 and Unredacted Doc 185 by Food Marketing Institute. (Fritz, Daniel) (Entered: 06/20/2017)
2017-07-07	191	ORDER granting 190 Motion of FMI for access to sealed partial transcript of proceedings (docket 187) and unredacted transcript of proceedings (docket 185), for good cause shown and no objections filed by other parties. Signed by U.S. District Judge Karen E. Schreier on July 7, 2017. (Schreier, Karen) (Entered: 07/07/2017)
2017-08-02	192	(Vacated per doc. 231) Costs Taxed in amount of $1,611.61 in favor of the plaintiff, Argus Leader Media, and against the defendant, United States Department of Agriculture. (jh) Modified on 4/1/2020 (SAC). (Entered: 08/02/2017)
2017-08-03	193	(Vacated per doc. 231) ORDER granting 129 Motion for Attorney Fees and Costs in the amount of $68,422.67, which will be due and owing if the underlying order on the FOIA matter is affirmed by the Eighth Circuit Court of Appeals. Judgment will be entered at that time. Signed by U.S. District Judge Karen E. Schreier on 8/3/17. (DJP) Modified on 4/1/2020 (SAC). (Entered: 08/03/2017)
2017-08-03		TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 193 Order on Motion for Attorney Fees,. (DJP) (Entered: 08/03/2017)
2017-08-17	194	First MOTION to Amend/Correct 193 Order on Motion for Attorney Fees, To add "fees on fees" award by Argus Leader Media. (Attachments: # 1 Attachment Arneson Declaration, # 2 Attachment Attorneys' e-mail)(Arneson, Jon) (Entered: 08/17/2017)
2017-09-07	195	RESPONSE to Motion re 194 First MOTION to Amend/Correct 193 Order on Motion for Attorney Fees, To add "fees on fees" award filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 09/07/2017)
2017-10-19	196	(Vacated per doc. 231) ORDER granting 194 Motion to Amend/Correct. Signed by U.S. District Judge Karen E. Schreier on 10/19/2017. (JLS) Modified on 4/1/2020 (SAC). (Entered: 10/19/2017)
2017-10-20		TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re 196 Order on Motion to Amend/Correct. (SAC) (Entered: 10/20/2017)
2018-05-08	197	OPINION of USCA as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 05/08/2018)
2018-05-08	198	(VACATED)JUDGMENT of USCA affirming the district court judgment as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) Modified text on 7/31/19 (TAL). (Entered: 05/08/2018)
2018-06-04	199	ORDER of USCA remanding to the district court with instructions to determine the availability of attorney's fees pursuant to 5 U.S.C. § 552, and to enter judgment accordingly as to 157 Notice of Appeal filed by Food Marketing Institute. (SAC) (Entered: 06/04/2018)
2018-07-13	200	ORDER of USCA denying petitions for rehearing enbanc and rehearing by panel as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 07/13/2018)
2018-08-07	201	ORDER of USCA denying motion to stay mandate as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 08/07/2018)
2018-08-07	202	(RECALLED) MANDATE from 8th Circuit COA Affirming the decision of the District Court as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) Modified on 8/29/2018 (TAL). (Entered: 08/07/2018)
2018-08-29	203	ORDER of Supreme Court granting application to recall and stay the mandate as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 08/29/2018)
2018-08-29	204	ORDER of USCA recalling mandate as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 08/29/2018)
2018-10-18	205	LETTER from USCA regarding Writ Of Certiorari re 157 Notice of Appeal filed by Food Marketing Institute.. (TAL) (Entered: 10/19/2018)
2018-11-13	206	Appeal Record Returned: Jury Trial exhibits returned to Sioux Falls Clerk's Vault. (SLW) (Entered: 11/13/2018)
2019-02-04	207	LETTER from USCA regarding Writ Of Certiorari re 157 Notice of Appeal filed by Food Marketing Institute. Cert petition granted.. (TAL) (Entered: 02/04/2019)
2019-07-03	208	OPINION of U.S. Sup. Ct. reversing the COA judgment and remanding as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) Modified text on 7/3/2019 (TAL). Modified text on 7/31/2019 (TAL). (Entered: 07/03/2019)
2019-07-31	209	JUDGMENT of U.S. Sup. Ct. reversing and remanding the COA as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 07/31/2019)
2019-07-31	210	ORDER of USCA vacating USCA Judgment, dated 5/8/18 as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) Modified text on 7/31/2019 (TAL). (Entered: 07/31/2019)
2019-08-05	211	JUDGMENT of USCA vacating 5/8/18 COA judgment and remanding to the District Court as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 08/05/2019)
2019-08-05	212	MANDATE from 8th Circuit vacating its 5/8/18 opinion and remanding the decision of the District Court as to 157 Notice of Appeal filed by Food Marketing Institute. (TAL) (Entered: 08/05/2019)
2019-09-16	213	First MOTION to Continue Action on Attorney Fees and Costs by Argus Leader Media. (Arneson, Jon) (Entered: 09/16/2019)
2019-09-16	214	MEMORANDUM in Support re 213 First MOTION to Continue Action on Attorney Fees and Costs filed by Argus Leader Media. (Attachments: # 1 Exhibit FMI v. Argus opinion) (Arneson, Jon) (Entered: 09/16/2019)
2019-09-16	215	First MOTION for New Trial by Argus Leader Media. (Arneson, Jon) (Entered: 09/16/2019)
2019-09-16	216	MEMORANDUM in Support re 215 First MOTION for New Trial filed by Argus Leader Media. (Attachments: # 1 Exhibit U.S. Amicus Brief (FMI v. Argus)) (Arneson, Jon) (Entered: 09/16/2019)
2019-09-24	217	NOTICE of Appearance by R. Alan Peterson on behalf of Food Marketing Institute. (Peterson, R.) (Entered: 09/24/2019)
2019-10-02	218	Unopposed MOTION to Extend Time to File Responses to Pending Motions Filed by Argus Leader Media by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 10/02/2019)
2019-10-03	219	MOTION to Extend by Food Marketing Institute. (Peterson, R.) (Entered: 10/03/2019)
2019-10-03	220	ORDER granting 218 Motion to Extend. Defendant must file a response by October 21, 2019. Signed by U.S. District Judge Karen E. Schreier on 10/03/2019. (SAC) (Entered: 10/03/2019)
2019-10-04	221	ORDER granting 219 Motion to Extend. Defendant, Food Marketing Institute, must file a response by October 21, 2019. Signed by U.S. District Judge Karen E. Schreier on 10/04/2019. (SAC) (Entered: 10/04/2019)
2019-10-21	222	BRIEF by Intervenor Defendant Food Marketing Institute DEFENDANT FOOD MARKETING INSTITUTES RESPONSIVE BRIEF IN OPPOSITION TO ARGUS LEADER MEDIAS 215 MOTION FOR A NEW TRIAL AND 213 MOTION TO DEFER ACTION ON AWARD OF ATTORNEY FEES AND COSTS (Peterson, R.) Modified on 10/22/2019 to link to motions (CLR). (Entered: 10/21/2019)
2019-10-21	223	RESPONSE to Motion re 213 First MOTION to Continue Action on Attorney Fees and Costs filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 10/21/2019)
2019-10-21	224	MEMORANDUM in Opposition re 215 First MOTION for New Trial filed by United States Department of Agriculture. (Bengford, Stephanie) (Entered: 10/21/2019)
2019-10-21	225	PROPOSED ORDER by United States Department of Agriculture (Bengford, Stephanie) (Entered: 10/21/2019)
2019-11-04	226	(FILED IN ERROR) REPLY to Motion Response re 213 First MOTION to Continue Action on Attorney Fees and Costs filed by Argus Leader Media. (Attachments: # 1 Exhibit SNAP application form, # 2 Exhibit SNAP recertification form) (Arneson, Jon) Modified on 11/4/2019 (CLR). (Entered: 11/04/2019)
2019-11-04	227	(FILED IN ERROR) REPLY to Motion Response re 215 First MOTION for New Trial filed by Argus Leader Media. (Attachments: # 1 Exhibit DOJ material, # 2 Exhibit USDA/Lobbyist email) (Arneson, Jon) Modified on 11/4/2019 (CLR). (Entered: 11/04/2019)
2019-11-04		NOTICE of Filing Error: 227 Reply to Motion Response, 226 Reply to Motion Response was filed in error and should be disregarded. (Arneson, Jon) (Entered: 11/04/2019)
2019-11-04	228	REPLY to Motion Response re 213 First MOTION to Continue Action on Attorney Fees and Costs filed by Argus Leader Media. (Attachments: # 1 Exhibit SNAP application form, # 2 Exhibit SNAP recertification form, # 3 Exhibit USDA-NGA email) (Arneson, Jon) (Entered: 11/04/2019)
2019-11-04	229	REPLY to Motion Response re 215 First MOTION for New Trial filed by Argus Leader Media. (Attachments: # 1 Exhibit DOJ material) (Arneson, Jon) (Entered: 11/04/2019)
2020-04-01	230	ORDER denying 215 Motion for New Trial and 213 Motion to Defer Action on Award of Attorney's Fees and Costs. Signed by U.S. District Judge Karen E. Schreier on 04/01/2020. (SAC) (Entered: 04/01/2020)
2020-04-01	231	JUDGMENT in favor of defendant, United States Department of Agriculture, and against plaintiff, Argus Leader Media and vacating 127 Memorandum and Opinion, 128 Judgment, 192 Order, 193 Order and 196 Order. Signed by U.S. District Judge Karen E. Schreier on 04/01/2020. (SAC) Modified docket text on 4/1/2020 (SAC). (Entered: 04/01/2020)
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