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Case TitleTHE CORNUCOPIA INSTITUTE v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00106
Date Filed2016-01-20
Date Closed2016-10-25
JudgeChief Judge Beryl A. Howell
PlaintiffCORNUCOPIA INSTITUTE
Case DescriptionThe Cornucopia Institute submitted a FOIA request to the Department of Agriculture for names and background information of individuals who had applied for four vacancies on USDA's National Organic Standards Board. The agency acknowledged receipt of the request. The Cornucopia Institute emailed the agency asking if it could amend its request. The agency told Cornucopia that it could amend its request but needed to do so by sending a letter. Cornucopia amended its request, which was acknowledged by the agency. However, after hearing nothing further from the agency, Cornucopia filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-201COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-4384788) filed by THE CORNUCOPIA INSTITUTE. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 01/20/2016)
2016-01-202REQUEST FOR SUMMONS TO ISSUE filed by THE CORNUCOPIA INSTITUTE.(Stotter, Daniel) (Entered: 01/20/2016)
2016-01-20Case Assigned to Judge Beryl A. Howell. (sth) (Entered: 01/21/2016)
2016-01-213SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth) (Entered: 01/21/2016)
2016-01-214STANDING ORDER. Signed by Judge Beryl A. Howell on January 21, 2016. (lcbah2) (Entered: 01/21/2016)
2016-03-015NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 03/01/2016)
2016-03-016Consent MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 03/01/2016)
2016-03-01MINUTE ORDER (paperless) GRANTING the defendant's 6 Consent Motion for Extension of Time to Respond to Complaint. The defendant shall file an answer, or other responsive pleading, by April 4, 2016. Signed by Judge Beryl A. Howell on March 1, 2016. (lcbah2) (Entered: 03/01/2016)
2016-03-02Set/Reset Deadlines: Answer to the Complaint due by 4/4/2016. (tg) (Entered: 03/02/2016)
2016-04-047ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Shoaibi, Alexander) (Entered: 04/04/2016)
2016-05-16MINUTE ORDER (paperless) TO SHOW CAUSE why this action should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23 and Federal Rule of Civil Procedure 41(b). This Court's 4 Standing Order, paragraph 3(b)(ii), requires, in any action arising under the Freedom of Information Act, 5 U.S.C. § 552, the parties to file a joint report "within fourteen days after any defendant files an answer, indicating whether the agency has made a final determination 'whether to comply' with any FOIA request at issue." The U.S. Department of Agriculture filed its 7 Answer on April 4, 2016, over thirty days ago. Consequently, the plaintiff is ORDERED to submit, by May 23, 2016, (a) the joint meet and confer report required by this Court's 4 Standing Order; (b) an explanation as to why the parties failed to comply with this Court's Order; and (c) an explanation as to why this action should not be dismissed for failure to prosecute. Signed by Chief Judge Beryl A. Howell on May 16, 2016. (lcbah2) (Entered: 05/16/2016)
2016-05-16Set/Reset Deadlines: Response to Show Cause due by 5/23/2016. (tg) (Entered: 05/16/2016)
2016-05-208RESPONSE TO ORDER TO SHOW CAUSE by CORNUCOPIA INSTITUTE re Order to Show Cause,,,, . (Stotter, Daniel) (Entered: 05/20/2016)
2016-05-209MEET AND CONFER STATEMENT. (Stotter, Daniel) (Entered: 05/20/2016)
2016-05-23MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, upon consideration of the parties' 8 Joint Meet and Confer Report, which reflects the parties' desire to continue to attempt to settle, or otherwise resolve, the remaining issues in this action: The defendant shall, by September 30, 2016, file any motion for summary judgment, along with supporting materials documenting the defendant's basis for any withholdings. The plaintiff shall, by October 21, 2016, file any opposition to the defendant's motion, as well as any cross-motion for summary judgment. The defendant shall, by November 11, 2016, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by December 9, 2016, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on May 23, 2016. (lcbah2) (Entered: 05/23/2016)
2016-05-23Set/Reset Deadlines: Summary Judgment motion due by 9/30/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 10/21/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 11/11/2016; Reply to Opposition to Cross Motion due by 12/9/2016. (tg) (Entered: 05/23/2016)
2016-05-2510NOTICE of Appearance by C. Peter Sorenson on behalf of CORNUCOPIA INSTITUTE (Sorenson, C.) (Entered: 05/25/2016)
2016-09-1611MOTION for Extension of Time to by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 09/16/2016)
2016-09-16MINUTE ORDER (paperless) GRANTING the plaintiff's 11 Consent Motion to Suspend Briefing and DIRECTING the parties, by November 18, 2016, if no stipulation of dismissal has been filed, to file a joint status report proposing a schedule for further proceedings in the instant matter. Signed by Chief Judge Beryl A. Howell on September 16, 2016. (lcbah2) (Entered: 09/16/2016)
2016-09-19Set/Reset Deadlines: Joint Status Report due by 11/18/2016, if necessary. (tg) (Entered: 09/19/2016)
2016-10-2412STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF AGRICULTURE. (Shoaibi, Alexander) (Entered: 10/24/2016)
2016-10-26MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, upon consideration of the parties' 12 Joint Stipulation of Settlement and Dismissal. The Clerk is directed to close the case. Signed by Chief Judge Beryl A. Howell on October 26, 2016. (lcbah2) (Entered: 10/26/2016)
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