Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the Agricultural Marketing Service conducted an adequate search for records concerning five investigative files of companies targeted for enforcement actions requested by the Cornucopia Institute. The agency searched its Compliance and Enforcement Division and located 881 responsive pages. It disclosed 420 pages in full, 225 pages in part, and withheld 236 pages under a number of exemptions, particularly Exemption 4 (confidential business information), and Exemption 5 (privileges). The Cornucopia Institute challenged the adequacy of the search, claiming that the agency's decision to search only in the Compliance and Enforcement Division was insufficient. McFadden explained that "Cornucopia specifically requested 'the entire investigative files for five operations targeted for enforcement actions by the NOP.' The Government knows that it 'stores. . .investigative and other files. . .on [NOP's] shared network drive,' and 'hard copy paper investigative records. . .in storage cabinets within NOP office space in Washington.' By searching these locations, the Government conducted a search 'reasonably calculated to uncover the investigative files at issue. Cornucopia offers only speculation that the Government would have been better served using search terms (even though investigative files are organized by complaint number), or looking on other databases or offices, and speculation cannot rebut the presumption of good faith given to agency declarations." The agency withheld labels that companies had used to describe products as organic without agency approval under Exemption 4. McFadden noted that "the Government seems to have obtained this information voluntarily, using product labels that were being customarily (and illegally) displayed to the public. The labels were therefore not confidential." The agency argued that the Cornucopia Institute bore the burden of proving the labels had been made public. But McFadden disagreed, pointing out that "under customary disclosure analysis (and any Exemption 4 claim), it is the Government that bears the burden. The Government invoked Exemption 4 for these product labels, and the Government has failed to carry its burden of showing that they were confidential." McFadden rejected Cornucopia's argument that the agency had inconsistently applied Exemption 4 by redacting what Cornucopia believed, based on the position of the redactions, was the name of the company Aloha Medicinals, which had been publicly disclosed. McFadden observed that "emails regarding [another company] Serenigy may well mention other confidentially-relevant products or phrases. In other words, Cornucopia has not shown that the hidden phrase they want to see has already been disclosed, and so fails to rebut the Government's contention that the information is commercial and confidential." Dismissing Cornucopia's broad contention that records the agency had claimed as protected under Exemption 5 were not privileged, McFadden agreed with Cornucopia that the agency had provided no substantive justification for privilege claims for two pages.
Issues: Adequacy - Search, Exemption 4 - Confidential business information, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2016-05-09	1	COMPLAINT against AGRICULTURAL MARKETING SERVICE ( Filing fee $ 400 receipt number 0090-4518253) filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 05/09/2016)
2016-05-09		Case Assigned to Judge Rudolph Contreras. (md) (Entered: 05/09/2016)
2016-05-12	2	SUMMONS (3) Issued Electronically as to AGRICULTURAL MARKETING SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Forms)(jd) (Entered: 05/12/2016)
2016-06-02	3	NOTICE of Appearance by Daniel J. Stotter on behalf of CORNUCOPIA INSTITUTE (Stotter, Daniel) (Entered: 06/02/2016)
2016-06-07	4	NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of AGRICULTURAL MARKETING SERVICE (Shoaibi, Alexander) (Entered: 06/07/2016)
2016-06-07	5	Consent MOTION for Extension of Time to Respond to Complaint by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/07/2016)
2016-06-07		MINUTE ORDER granting 5 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall respond to the Complaint on or before July 8, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 6/7/2016. (lcrc3) (Entered: 06/07/2016)
2016-06-10		Set/Reset Deadlines: Answer due by 7/8/2016, (tj) (Entered: 06/10/2016)
2016-06-22	6	ANSWER to Complaint by AGRICULTURAL MARKETING SERVICE.(Shoaibi, Alexander) (Entered: 06/22/2016)
2016-06-22		MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before July 7, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 6/22/2016. (lcrc3) (Entered: 06/22/2016)
2016-07-07	7	PROPOSED BRIEFING SCHEDULE JOINT by AGRICULTURAL MARKETING SERVICE. (Shoaibi, Alexander) (Entered: 07/07/2016)
2016-07-07		SCHEDULING MINUTE ORDER: In light of 7 the parties' Joint Proposed Briefing Schedule, it is hereby ORDERED that Defendant's motion for summary judgment shall be filed on or before October 17, 2016; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before December 9, 2016; Defendant's reply and opposition shall be filed on or before January 6, 2017; and Plaintiff's reply shall be filed on or before January 27, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 7/7/2016. (lcrc3) (Entered: 07/07/2016)
2016-07-07		Set/Reset Deadlines: Cross Motions due by 12/9/2016. Response to Cross Motions due by 1/6/2017. Reply to Cross Motions due by 1/27/2017. Summary Judgment motions due by 10/17/2016. Response to Motion for Summary Judgment due by 12/9/2016. Reply to Motion for Summary Judgment due by 1/6/2017. (tj) (Entered: 07/07/2016)
2016-10-14	8	Consent MOTION for Extension of Time to File Motion for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 10/14/2016)
2016-10-14		MINUTE ORDER granting 8 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file its motion for summary judgment on or before October 31, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 10/14/2016. (lcrc3) (Entered: 10/14/2016)
2016-10-18		Set/Reset Deadlines: Summary Judgment motions due by 10/31/2016. (tj) (Entered: 10/18/2016)
2016-10-19	9	Unopposed MOTION for Extension of Time to Extend Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 10/19/2016)
2016-10-19		MINUTE ORDER granting 9 the parties' Joint Motion To Extend Briefing Schedule: It is hereby ORDERED that the current briefing schedule is modified as follows: Plaintiff's opposition to Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment shall be filed on or before December 23, 2016; Defendant's opposition to Plaintiff's cross-motion and Defendant's reply shall be filed on or before January 20, 2017; and Plaintiff's reply shall be filed on or before February 17, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 10/19/2016. (lcrc3) (Entered: 10/19/2016)
2016-10-19		Set/Reset Deadlines: Plaintiff's Cross Motions/Opposition due by 12/23/2016. Defendant's Response to Cross Motions/Reply due by 1/20/2017. Reply to Cross Motions due by 2/17/2017. (hs) (Entered: 10/19/2016)
2016-10-28	10	Joint MOTION to Stay Proceedings by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 10/28/2016)
2016-10-31		MINUTE ORDER granting 10 the parties' Joint Motion to Stay the Proceedings: It is hereby ORDERED that this case is STAYED until December 20, 2016. It is FURTHER ORDERED that the parties shall meet, confer, and submit a joint status report on or before December 20, 2016. SO ORDERED. Signed by Judge Rudolph Contreras on 10/31/2016. (lcrc3) (Entered: 10/31/2016)
2016-12-20	11	Joint STATUS REPORT and PROPOSED BRIEFING SCHEDULE by AGRICULTURAL MARKETING SERVICE. (Shoaibi, Alexander) (Entered: 12/20/2016)
2016-12-20		MINUTE ORDER: Upon consideration of 11 the parties' Joint Status Report and Proposed Briefing Schedule, it is hereby ORDERED that Defendant's motion for summary judgment shall be filed on or before March 28, 2017; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before May 1, 2017; Defendant's reply and opposition to Plaintiff's motion shall be filed on or before May 25, 2017; and Plaintiff's reply shall be filed on or before June 15, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 12/20/2016. (lcrc3) (Entered: 12/20/2016)
2016-12-22		Set/Reset Deadlines: Cross Motions due by 5/1/2017. Response to Cross Motions due by 5/25/2017. Reply to Cross Motions due by 6/15/2017. Summary Judgment motions due by 3/28/2017. Response to Motion for Summary Judgment due by 5/1/2017. Reply to Motion for Summary Judgment due by 5/25/2017. (tj) (Entered: 12/22/2016)
2017-03-15	12	Unopposed MOTION for Extension of Time to by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 03/15/2017)
2017-03-15		MINUTE ORDER granting 12 Plaintiff's Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendant's motion for summary judgment shall be filed on or before April 21, 2017; Plaintiff's opposition and cross-motion for summary judgment shall be filed on or before May 19, 2017; Defendant's reply and opposition to Plaintiff's motion shall be filed on or before June 2, 2017; and Plaintiff's reply shall be filed on or before June 16, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 3/15/2017. (lcrc3) (Entered: 03/15/2017)
2017-03-17		Set/Reset Deadlines: Cross Motions due by 5/19/2017. Response to Cross Motions due by 6/2/2017. Reply to Cross Motions due by 6/16/2017. Summary Judgment motions due by 4/21/2017. Response to Motion for Summary Judgment due by 5/19/2017. Reply to Motion for Summary Judgment due by 6/2/2017. (tj) (Entered: 03/17/2017)
2017-04-20	13	Consent MOTION for Extension of Time to File Motion for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 04/20/2017)
2017-04-21		MINUTE ORDER granting 13 Consent Motion for Extension of Time to File Motion for Summary Judgment: It is hereby ORDERED that Defendant's motion for summary judgment shall be filed on or before April 25, 2017; Plaintiff's opposition and cross-motion for summary judgment, if any, shall be filed on or before May 23, 2017; Defendant's reply and opposition to Plaintiff's motion, if any, shall be filed on or before June 6, 2017; and Plaintiff's reply, if any, shall be filed on or before June 20, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 4/21/2017. (lcrc3) (Entered: 04/21/2017)
2017-04-25	14	MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Declaration Declaration of Jennifer Tucker, # 2 Exhibit 1 (FOIA request), # 3 Exhibit 2 (Acknowledgement of FOIA request), # 4 Exhibit 3 (Vaughn index), # 5 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 04/25/2017)
2017-04-28		Set/Reset Deadlines: Cross Motions due by 5/23/2017. Response to Cross Motions due by 6/6/2017. Reply to Cross Motions due by 6/20/2017. Response to Motion for Summary Judgment due by 5/23/2017. Reply to Motion for Summary Judgment due by 6/6/2017. (tj) (Entered: 04/28/2017)
2017-05-22	15	Memorandum in opposition to re 14 MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Declaration Of Will Fantle, # 2 Text of Proposed Order, # 3 Memorandum in Support, # 4 Statement of Facts)(Sorenson, C.) (Entered: 05/22/2017)
2017-05-22	16	Cross MOTION for Summary Judgment by CORNUCOPIA INSTITUTE (Attachments: # 1 Declaration of Will Fantle, # 2 Text of Proposed Order, # 3 Memorandum in Support, # 4 Statement of Facts)(Sorenson, C.) (Entered: 05/22/2017)
2017-06-05	17	Consent MOTION for Extension of Time to File Response to Cross-Motion for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/05/2017)
2017-06-05		MINUTE ORDER granting 17 Motion for Extension of Time: It is hereby ORDERED that defendant shall submit its response to plaintiff's cross-motion for summary judgment on or before June 27, 2017. It is FURTHER ORDERED that plaintiff shall submit its reply in support of its cross-motion for summary judgment, if any, on or before July 14, 2017. SO ORDERED. Signed by Judge Rudolph Contreras on 6/5/2017. (lcrc3) (Entered: 06/05/2017)
2017-06-26	18	Consent MOTION for Leave to File Statement of Material Facts Not In Dispute by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Exhibit Statement of Material Facts Not In Dispute, # 2 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/26/2017)
2017-06-26		MINUTE ORDER granting 18 Defendant's Consent Motion for Leave to File Statement of Material Facts Not in Dispute. It is hereby ORDERED that [18-1] Defendant's Statement of Material Facts Not in Dispute is DEEMED FILED. SO ORDERED. Signed by Judge Rudolph Contreras on 6/26/2017. (lcrc3) (Entered: 06/26/2017)
2017-06-26	19	Statement of Material Facts Not In Dispute re 14 MOTION for Summary Judgment filed by AGRICULTURAL MARKETING SERVICE. (jf) (Entered: 06/27/2017)
2017-06-27	20	Memorandum in opposition to re 16 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary filed by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/27/2017)
2017-06-28		NOTICE OF ERROR re 20 Memorandum in Opposition; emailed to alexander.d.shoaibi@usdoj.gov, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. same document using th (Entered: 06/28/2017)
2017-06-29	21	REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 06/29/2017)
2017-07-14	22	REPLY to opposition to re 16 Cross MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Declaration)(Sorenson, C.) Modified on 7/17/2017 to correct docket link (jf). (Entered: 07/14/2017)
2017-11-02		Case directly reassigned to Judge Trevor N. McFadden. Judge Rudolph Contreras is no longer assigned to the case. (ztnr) (Entered: 11/02/2017)
2018-01-12	23	ORDER regarding certain documents. See attached Order for details. Signed by Judge Trevor N. McFadden on 1/12/2018. (lctnm2) (Entered: 01/12/2018)
2018-02-16		MINUTE ORDER. The parties are directed to file a Joint Status Report on or before February 23, 2018, updating the Court on the status of the Defendant's compliance with the 23 Order entered on January 12, 2018, and proposing a schedule for further proceedings, if any. SO ORDERED.Signed by Judge Trevor N. McFadden on 2/15/2018. (lctnm2) (Entered: 02/16/2018)
2018-02-16		Set/Reset Deadlines: Joint Status Report due by 2/23/2018. (hmc) (Entered: 02/16/2018)
2018-02-20	24	Consent MOTION for Extension of Time to File Joint Status Report by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/20/2018)
2018-02-21		MINUTE ORDER granting the Plaintiff's 24 Consent Motion for Extension of Time. The parties shall now file their Joint Status Report on or before March 16, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/21/2018. (lctnm2) (Entered: 02/21/2018)
2018-02-21		Set/Reset Deadlines: Joint Status Report due by 3/16/2018. (hmc) (Entered: 02/21/2018)
2018-03-08	25	NOTICE of Filing by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Declaration Declaration of Lynnea Schurkamp)(Shoaibi, Alexander) (Entered: 03/08/2018)
2018-03-16	26	Joint STATUS REPORT by CORNUCOPIA INSTITUTE. (Sorenson, C.) (Entered: 03/16/2018)
2018-03-19		MINUTE ORDER. Upon consideration of the parties' 26 Joint Status Report, it is hereby ordered that the Plaintiff shall have until April 12, 2018 to file further briefing, if it so desires, in light of factual developments since the Court's 23 Order of January 12, 2018. If the Defendant wishes to file a response, it must do so on or before April 26, 2018. It is FURTHER ORDERED that if any additional records are produced, the parties shall file a Joint Status Report on April 12, 2018, providing an update for the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/19/2018. (lctnm2) (Entered: 03/19/2018)
2018-03-19		Set/Reset Deadlines: Plaintiff's further briefing due by 4/12/2018. Defendant's response due by 4/26/2018. Joint Status Report due by 4/12/2018, if additional records are produced. (hmc) (Entered: 03/19/2018)
2018-04-12	27	MEMORANDUM (Opposition) re 16 Cross MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE by CORNUCOPIA INSTITUTE. (Sorenson, C.) Modified to add text and linkage on 4/13/2018 (td). (Entered: 04/12/2018)
2018-04-23	28	Consent MOTION for Extension of Time to File Opposition to Cross-Motion for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 04/23/2018)
2018-04-24		MINUTE ORDER. The Defendant's 28 Consent Motion for Extension of Time is hereby GRANTED. The Defendant shall file its response to the Plaintiff's 27 Memorandum on or before May 3, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/24/2018. (lctnm2) (Entered: 04/24/2018)
2018-04-24		Set/Reset Deadlines: Defendant's response to Plaintiff's 27 Memorandum due by 5/3/2018. (hmc) (Entered: 04/24/2018)
2018-04-25	29	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Courtesy copies are excused for all filings predating the entry of this Standing Order. Signed by Judge Trevor N. McFadden on 4/25/18. (lctnm2) (Entered: 04/25/2018)
2018-04-26	30	RESPONSE re: 27 toPLAINTIFFS FURTHER MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT filed by AGRICULTURAL MARKETING SERVICE. (Shoaibi, Alexander) Modified on 4/27/2018 (td). (Entered: 04/26/2018)
2018-05-14	31	MEMORANDUM OPINION regarding the Defendant's 14 Motion for Summary Judgment and the Plaintiff's 16 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 5/14/2018. (lctnm2) (Entered: 05/14/2018)
2018-05-14	32	ORDER. For the reasons stated in the 31 Memorandum Opinion, the Defendant's 14 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART, and the Plaintiff's 16 Cross-Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. See Order for details. Signed by Judge Trevor N. McFadden on 5/14/18. (lctnm2) (Entered: 05/14/2018)
2018-05-15		Set/Reset Deadlines: Defendant's production of pages 6 and 84-85 due by 5/28/2018. (hmc) (Entered: 05/15/2018)
2018-06-14		MINUTE ORDER. On or before June 22, 2018, the parties shall submit a Joint Status Report in this matter, including a proposed schedule for further proceedings, if any. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/14/2018. (lctnm2) (Entered: 06/14/2018)
2018-06-14		Set/Reset Deadlines: Joint Status Report due by 6/22/2018. (hmc) (Entered: 06/14/2018)
2018-06-20	33	Joint STATUS REPORT by CORNUCOPIA INSTITUTE. (Sorenson, C.) (Entered: 06/20/2018)
2018-06-22		MINUTE ORDER. Upon consideration of the parties' 33 Joint Status Report, the parties are ORDERED to file another Joint Status Report on or before July 23, 2018. That report shall propose either a resolution for the case or a briefing schedule. Signed by Judge Trevor N. McFadden on 6/22/2018. (lctnm2) (Entered: 06/22/2018)
2018-06-22		Set/Reset Deadlines: Joint Status Report due by 7/23/2018. (hmc) (Entered: 06/22/2018)
2018-07-19	34	Joint MOTION to Vacate Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) Modified on 7/30/2018 to correct docket text/event (jf). (Entered: 07/19/2018)
2018-07-20		MINUTE ORDER granting the parties' 34 Joint Motion to Vacate Briefing Schedule. The parties shall now file a Joint Status Report on or before September 14, 2018. If at any time the parties reach a settlement, they shall promptly inform chambers. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/20/2018. (lctnm2) (Entered: 07/20/2018)
2018-07-20		Set/Reset Deadlines: Joint Status Report due by 9/14/2018. (hmc) (Entered: 07/20/2018)
2018-07-25	35	NOTICE of Appearance by Joshua L. Rogers on behalf of All Defendants (Rogers, Joshua) (Entered: 07/25/2018)
2018-09-13	36	Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 09/13/2018)
2018-09-14		MINUTE ORDER. Upon consideration of the parties' 36 Joint Status Report and [36-1] Proposed Order, it is hereby ORDERED that the parties shall file a further Joint Status Report by October 29, 2018, either indicating the settlement status of this action, or setting forth the parties' proposed fee motion briefing schedule. Signed by Judge Trevor N. McFadden on 9/14/2018. (lctnm2) (Entered: 09/14/2018)
2018-09-17		Set/Reset Deadlines: Joint Status Report due by 10/29/2018. (hmc) (Entered: 09/17/2018)
2018-10-29	37	Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 10/29/2018)
2018-10-29		MINUTE ORDER. Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before November 12, 2018, informing the Court of the status of the settlement in principle. Signed by Judge Trevor N. McFadden on 10/29/2018. (lctnm2) (Entered: 10/29/2018)
2018-10-30		Set/Reset Deadlines: Joint Status Report due by 11/12/2018. (hmc) (Entered: 10/30/2018)
2018-11-13	38	Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 11/13/2018)
2018-11-13		MINUTE ORDER. The parties represent in their 38 Joint Status Report that they have reached a settlement in principle, but the United States requires additional time to receive final approval of the settlement before the parties can file a stipulation of dismissal. Therefore, it is hereby ordered that the parties shall file a further joint status report no later than December 14, 2018, updating the Court on the status of the settlement in principle. Signed by Judge Trevor N. McFadden on 11/13/2018. (lctnm2) (Entered: 11/13/2018)
2018-11-14		Set/Reset Deadlines: Joint Status Report due by 12/14/2018. (hmc) (Entered: 11/14/2018)
2018-12-14	39	Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/14/2018)
2018-12-17		MINUTE ORDER. Upon consideration of the parties' 39 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before January 4, 2019, updating the Court on the status of the settlement in principle. Signed by Judge Trevor N. McFadden on 12/17/2018. (lctnm2) (Entered: 12/17/2018)
2018-12-17		Set/Reset Deadlines: Joint Status Report due by 1/4/2019. (hmc) (Entered: 12/17/2018)
2018-12-26	40	MOTION to Stay All Proceedings in Light of Lack of Appropriations by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(Rogers, Joshua) (Entered: 12/26/2018)
2019-01-02		MINUTE ORDER granting 40 Motion to Stay. Upon considering the Defendant's 40 Motion to Stay, it is hereby ordered that this matter shall be stayed until Congress has restored appropriations to the Department of Justice. It is further ordered that the Defendant will notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/2/2019.(lctnm2) (Entered: 01/02/2019)
2019-01-29	41	NOTICE of Restored Funding by AGRICULTURAL MARKETING SERVICE (Rogers, Joshua) (Entered: 01/29/2019)
2019-01-29		MINUTE ORDER. Upon considering the Defendant's 41 Notice of Restored Government Funding, it is hereby ordered that the stay in this case is lifted. It is further ordered that on or before February 8, 2019, the parties shall meet and confer, and submit a Joint Status Report informing the Court how they wish to proceed. Signed by Judge Trevor N. McFadden on 01/29/2019. (lctnm2) (Entered: 01/29/2019)
2019-01-30		Set/Reset Deadlines: Joint Status Report due by 2/8/2019. (hmc) (Entered: 01/30/2019)
2019-02-04	42	STIPULATION of Dismissal by AGRICULTURAL MARKETING SERVICE. (Rogers, Joshua) (Entered: 02/04/2019)
2019-02-05	43	ORDER. Upon considering the parties' 42 Joint Stipulation of Dismissal, it is hereby ordered that this case is dismissed with prejudice under Federal Rule of Civil Procedure 41(a). The parties shall abide by the instructions detailed in the attached order. The Clerk of court is directed to close the case. Signed by Trevor N. McFadden on February 5, 2019. (lctnm2) (Entered: 02/05/2019)
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