Case Detail

FOIA Project Annotation: Judge Trevor McFadden has ruled that the Farm Service Agency failed to justify its use of Exemption 3 (other statutes), Exemption 4 (commercial and confidential) and Exemption 6 (invasion of privacy) to protect information about loans provided to family-owned farms in 16 California counties that experienced drought between February 2015 and August 2016. After the Humane Society filed suit in response to the agency's exemption claims, the agency identified a number of irregularities in processing the documents. As a result, McFadden ordered the agency to reprocess the documents. The agency then made three releases of records and redacted materials under Exemption 3. 4, and 6. McFadden indicated that the agency spent a large portion of its brief defending its decision to withhold data that the Humane Society said it was not interested in obtaining. Indeed, McFadden pointed out that the Humane Society was specifically requesting only the names of loan recipients, the street address of the business, the type of operation receiving the loan, the loan purpose and/or intended use of the loan, and information related to environmental factors that are part of Farm Loan Program reviews. The agency claimed that the Food, Conservation and Energy Act, 7 U.S.C. § 8791, which protects "information concerning the agricultural operation, farming or conservation practices, or the land itself, in order to participate in programs of the Department," applied. While both parties agreed that § 8791 qualified as an Exemption 3 statute, the Humane Society argued that an exception to the withholding provision authorizing "disclosure of payment information (including payment information and the names of addresses of recipients of payments) under any [Agency] program that is otherwise authorized by law," allowed the agency to disclose the identifying information about the recipients of the loans. McFadden indicated that the primary issue was whether or not the loan or loan guarantee granted by the agency qualified as a "payment," a term, he noted, which was not defined in the statute. McFadden first pointed out that "an ordinary meaning of 'payment' is the 'disbursement of money.' Under the FLP, 'funds are disbursed' to qualifying borrowers, either directly from the government or through a commercial lender. FLP loans and loan guarantees thus constitute 'payments because they involve transfers of money from one entity (the government or private lender) to another (the borrower)." The agency argued that a loan could not be a payment because the borrowers had only temporary use of the money and had to pay it back with interest. But McFadden observed that "a repayment presumes there has already been a payment. Whether temporary or permanent, a payment is a payment." However, McFadden distinguished loan payments from loan applications. He noted that "indeed, not all applicants receive loans. So the agency need not disclose loan application materials under Section 8791." McFadden found that all the data points requested by the Humane Society were disclosable under the exception, including the environmental data. Here, he pointed out that "the Agency, not the borrower, generates these documents. Even if they rely on information from loan applicants the Environmental Worksheets are not 'provided by' farmers and ranchers because they reflect Agency analysis and work." However, McFadden indicated that "ultimately the Society's victory here may be hollow. Most of the withheld material under Exemption 3 'consists of loan application forms and supporting documentation.' And to be clear, the Court agrees that the Agency need not release loan applications materials under Section 8791 because they are not 'payment information.'" Although the agency did not withhold identifying information about loan recipients under Exemption 4, it instead redacted the "funds purpose" or "type of assistance" in some documents. McFadden found Exemption 4 did not apply because the agency had failed to show that the loan recipients customarily and actually treat their loan's purpose as privileged, and that the agency had disclaimed any assurance of confidentiality over this information. To support its allegations of confidentiality, the agency submitted an affidavit from one of the farm owners arguing that its address constituted confidential information. However, McFadden noted that "but the record shows otherwise. [The farm] disclosed its ostensibly confidential street address â€" with a handy Google maps link â€" on the farm's public website. Another public website also lists the farm's address and even offers tours of the property." Another affidavit from an agency employee contended that loan recipients did not publicly reveal the purpose for which loans were used. But McFadden noted that the evidence showed otherwise. He pointed out that "the Agency has shared details about borrowers' intended use of their loan proceeds. This prior disclosure undermines the Agency's content that the information is confidential." McFadden indicated that Systems of Records Notices promulgated by the agency allowed for disclosure of the disputed information as part of routine uses under the Privacy Act. He observed that "for starters, the Society is on the list of those 'who might have access to a borrower's information,' including the 'Purpose of Loan.' The Society is a nongovernmental entity. And the Privacy Act does not prohibit disclosures authorized by FOIA. So the loan application's disclosure applies to the Society's request here." He observed that "some of these 'routine uses,' though, contemplate disclosure to the public." The agency argued that it was not required to show that it offered assurances of confidentiality in every case. McFadden pointed out that "fair enough, but here, the Agency 'warned that under some circumstances, information will be disclosed.' The Agency's 'notice disclaimed confidentiality, rather than provided an assurance of it.'" He added that "borrowers were put on notice that the information they provide â€" including the loan's intended use â€" could be shared with nongovernment entities like the Society. This is further evidence that Exemption 4 does not apply." Although he agreed that the identifying information qualified as a "similar file" under Exemption 6, he found that the Humane Society had made a persuasive argument that disclosure was in the public interest, particularly as it might reflect on impact on the National Environmental Policy Act and the Endangered Species Act. The agency argued that disclosure would shed light on the farms' operations but not those of the government as required under FOIA's public interest standard. McFadden rejected that claim, noting that "the information involves farmers and closely held entities, but it helps ensure the Agency's compliance with NEPA and ESA."
Issues: Exemption 3 - Statutory prohibition of disclosure, Exemption 4 - Confidential business information, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-11-30	1	COMPLAINT against FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-5228052) filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Agency - USDA, # 3 Summons Agency - FSA, # 4 Summons Attorney General, # 5 Summons US Attorney for DC)(Lutz, Daniel) (Entered: 11/30/2017)
2017-11-30	2	Corporate Disclosure Statement by HUMANE SOCIETY OF THE UNITED STATES. (Lutz, Daniel) (Entered: 11/30/2017)
2017-12-04	3	REQUEST FOR SUMMONS TO ISSUE with Corrected Summons Attached filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Corrected USDA Summons, # 2 Corrected Farm Service Agency Summons, # 3 Corrected Attorney General Summons, # 4 Corrected US Attorney Summons)(Lutz, Daniel) (Entered: 12/04/2017)
2017-12-05		Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 12/05/2017)
2017-12-05	4	SUMMONS (4) Issued Electronically as to FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 12/05/2017)
2017-12-15	5	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. Signed by Judge Trevor N. McFadden on 12/15/2017. (lctnm3) (Entered: 12/15/2017)
2017-12-18	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2017. Answer due for ALL FEDERAL DEFENDANTS by 1/11/2018. (Lutz, Daniel) (Entered: 12/18/2017)
2017-12-18	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/12/2017. (Lutz, Daniel) (Entered: 12/18/2017)
2017-12-18	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 12/11/2017 (Lutz, Daniel) (Entered: 12/18/2017)
2018-01-11	9	ANSWER to 1 Complaint by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE.(Whitaker, Claire) Modified to add link on 1/12/2018 (znmw). (Entered: 01/11/2018)
2018-01-12		MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before February 2, 2018. Signed by Judge Trevor N. McFadden on 1/12/2018. (lctnm3) (Entered: 01/12/2018)
2018-01-12		Set/Reset Deadlines: Parties shall meet and confer and file a Joint Status Report by 2/2/2018. (hmc) (Entered: 01/12/2018)
2018-01-31	10	Consent MOTION for Extension of Time to file Joint Status Report by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/31/2018)
2018-02-01		MINUTE ORDER granting Defendants' 10 Consent Motion for Extension of Time. The parties shall now file a Joint Status Report on or before February 16, 2018. The parties are advised that further requests for an extension of time for this filing will be disfavored, and are directed to comply with the Court's Standing Order, including the provisions governing motions for extensions of time. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/1/2018. (lctnm3) (Entered: 02/01/2018)
2018-02-01		Set/Reset Deadlines: Joint Status Report due by 2/16/2018. (hmc) (Entered: 02/01/2018)
2018-02-16	11	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/16/2018)
2018-02-16	12	ORDER setting schedule for proceedings in this case. See Order for details. Signed by Judge Trevor N. McFadden on 2/16/2018. (lctnm3) Modified on 2/21/2018 (hmc). (Entered: 02/16/2018)
2018-02-20		Set/Reset Deadlines: Joint Status Report due by 4/27/2018. (hmc) (Entered: 02/20/2018)
2018-04-05	13	NOTICE OF SUBSTITUTION OF COUNSEL by Peter A. Brandt on behalf of All Plaintiffs Substituting for attorney Daniel Lutz (Brandt, Peter) (Entered: 04/05/2018)
2018-04-27	14	Second STATUS REPORT (Joint) by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 04/27/2018)
2018-04-30		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall, before or on May 29, 2018, file a further Joint Status Report proposing a schedule for proceeding in this matter, including, if necessary, a briefing schedule for dispositive motions. Signed by Judge Trevor N. McFadden on 4/30/2018. (lctnm3) (Entered: 04/30/2018)
2018-04-30		Set/Reset Deadlines: A further Joint Status Report due by 5/29/2018. (hmc) (Entered: 04/30/2018)
2018-05-22	15	Consent MOTION for Extension of Time to File the Next Joint Status Report by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Haynes, Fred) (Entered: 05/22/2018)
2018-05-23		MINUTE ORDER granting Defendants' 15 Consent Motion for Extension of Time. The parties' Joint Status Report shall now be due before or on June 13, 2018. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/22/2018. (lctnm3) (Entered: 05/23/2018)
2018-05-23		Set/Reset Deadlines: Joint Status Report due by 6/13/2018. (hmc) (Entered: 05/23/2018)
2018-06-13	16	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Brandt, Peter) (Entered: 06/13/2018)
2018-06-13		MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report before or on July 13, 2018. It is also ORDERED that prior to signing any future filings on behalf of the Defendants, Ms. Hendry shall enter an appearance in this matter. Signed by Judge Trevor N. McFadden on 6/13/2018. (lctnm3) (Entered: 06/13/2018)
2018-06-14		Set/Reset Deadlines: Joint Status Report due by 7/13/2018. (hmc) (Entered: 06/14/2018)
2018-07-13	17	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 07/13/2018)
2018-07-17	18	SCHEDULING ORDER setting briefing schedule in response to parties' 17 Joint Status Report and Proposed Order. See attached order for details. Signed by Judge Trevor N. McFadden on 07/17/2018. (lctnm3) (Entered: 07/17/2018)
2018-07-17		Set/Reset Deadlines: Defendants' motion for summary judgment due by 9/17/2018. Plaintiff's opposition to Defendants' motion for summary judgment and cross-motion due by 10/17/2018. Defendants' opposition to Plaintiff's cross-motion and reply in support of their motion for summary judgment due by 10/31/2018. Plaintiff's reply in support of its cross-motion due by 11/13/2018. (hmc) (Entered: 07/17/2018)
2018-09-11	19	Joint MOTION for Extension of Time to File Summary Judgment Briefs by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) (Entered: 09/11/2018)
2018-09-11		MINUTE ORDER: Upon consideration of the parties' 19 Joint Motion to Amend Briefing Schedule, it is hereby ORDERED that: (1) Defendants' Motion for Summary Judgment shall be filed on or before November 1, 2018; (2) Plaintiff's opposition to Defendants' motion and Plaintiff's Cross-Motion for Summary Judgment shall be filed on or before December 3, 2018; (3) Defendants' opposition to Plaintiff's cross-motion and Defendants' reply in support of their motion shall be filed on or before December 19, 2018; and (4) Plaintiff's reply shall be filed on or before January 16, 2019. Signed by Judge Trevor N. McFadden on 9/11/2018. (lctnm3) (Entered: 09/11/2018)
2018-09-12		Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 11/1/2018. Plaintiff's opposition Defendants' Motion for Summary Judgment and Cross-Motion due by 12/3/2018. Defendants' reply in support of their Motion for Summary Judgment and opposition to Plaintiff's Cross-Motion due by 12/19/2018. Plaintiff's reply in support of its Cross-Motion due by 1/16/2019. (hmc) (Entered: 09/12/2018)
2018-09-18	20	NOTICE of Appearance by Margaret E. Robinson on behalf of HUMANE SOCIETY OF THE UNITED STATES (Robinson, Margaret) (Entered: 09/18/2018)
2018-10-24	21	AMENDED COMPLAINT against All Defendants filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Exhibit redline comparison of the original and amended complaint)(Brandt, Peter) (Entered: 10/24/2018)
2018-10-24	22	NOTICE of Filing of First Amended Complaint by HUMANE SOCIETY OF THE UNITED STATES re 21 Amended Complaint (Robinson, Margaret) (Entered: 10/24/2018)
2018-10-29	23	Joint MOTION to Modify the Briefing Schedule re Summary Judgment Motion by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) Modified event title on 10/30/2018 (znmw). (Entered: 10/29/2018)
2018-10-30		MINUTE ORDER: Upon consideration of the parties' 23 Joint Motion to Amend Briefing Schedule, it is hereby ORDERED that (1) Defendants' motion for summary judgment shall be filed on or before December 11, 2018; (2) Plaintiff's opposition and any cross-motion shall be filed on or before January 11, 2019; (3) Defendants' reply and opposition to any cross-motion shall be filed on or before January 25, 2019; and (4) Plaintiff's reply shall be filed on or before February 8, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/30/2018. (lctnm3) (Entered: 10/30/2018)
2018-10-30		Set/Reset Deadlines: Defendants' motion for summary judgment due by 12/11/2018. Plaintiff's opposition to Defendants' motion for summary judgment and cross-motion due by 1/11/2019. Defendants' reply and opposition to any cross-motion due by 1/25/2019. Plaintiff's reply in support of its cross-motion due by 2/8/2019. (hmc) (Entered: 10/30/2018)
2018-11-07	24	ANSWER to 21 Amended Complaint by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE.(Hendry, Melanie) (Entered: 11/07/2018)
2018-12-11	25	MOTION for Partial Summary Judgment by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Declaration of Barbara McLean)(Hendry, Melanie) Modified event title on 12/17/2018 (znmw). (Entered: 12/11/2018)
2018-12-21	26	MOTION for Extension of Time to File pposition and cross-motion for summary judgment by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Text of Proposed Order)(Brandt, Peter); Modified event on 12/27/2018 (ztth). (Entered: 12/21/2018)
2019-01-04		MINUTE ORDER granting Plaintiffs 26 Motion for Extension of Briefing Schedule. Plaintiffs 26 Motion to Extend Briefing is hereby GRANTED. Plaintiff shall file any motion to compel a Vaughn Index on or before January 11, 2019, and Defendant shall respond to any such motion on or before January 25, 2019. Plaintiffs Cross-Motion for Summary Judgment and Opposition to Defendants 25 Partial Motion for Summary Judgment shall now be filed on or before February 11, 2019; Defendants opposition to Plaintiffs Cross-Motion for Summary Judgment and Reply in Support of its 25 Motion for Partial Summary Judgment shall be filed on or before February 25, 2019; and Plaintiffs Reply in Support of its Cross-Motion for Summary Judgment shall be filed on or before March 8, 2019. Signed by Judge Trevor N. McFadden on 1/4/2019. (lctnm2) (Entered: 01/04/2019)
2019-01-04		Set/Reset Deadlines: Plaintiff's motion to compel a Vaughn Index due by 1/11/2019. Defendants' response to any such motion due by 1/25/2019. Plaintiff's Cross-Motion for Summary Judgment and opposition to Defendants' Partial Motion for Summary Judgment due by 2/11/2019. Defendants' opposition to Plaintiff's Cross-Motion and reply in support their Motion for Partial Summary Judgment due by 2/25/2019. Plaintiff's reply in support of its Cross-Motion for Summary Judgment due by 3/8/2019. (hmc) (Entered: 01/04/2019)
2019-01-11	27	MOTION to Compel Production of a Vaughn Index by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Declaration of Peter Brandt, # 2 Text of Proposed Order)(Robinson, Margaret) (Entered: 01/11/2019)
2019-01-17	28	Unopposed MOTION to Stay , Unopposed MOTION for Extension of Time to All Deadlines, including Opposition to Plaintiff's Motion to Compel Production of a Vaughn Index by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/17/2019)
2019-01-17		MINUTE ORDER: Upon considering the Defendants' 28 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 Defendants shall notify the Court immediately upon resumption of appropriations. Signed by Judge Trevor N. McFadden on 1/17/2019. (lctnm3) (Entered: 01/17/2019)
2019-02-07		MINUTE ORDER: The Court hereby lifts the stay in this case, as Congress has restored appropriations to the Department of Justice. The Court's January 4 Order is revised as follows: The Defendants are hereby ORDERED to file their response to the Plaintiff's 27 Motion on or before February 21, 2019. The Plaintiff's Cross-Motion for Summary Judgment and opposition to Defendants' 25 Partial Motion for Summary Judgment shall be filed on or before March 7, 2019. The Defendants' opposition and reply in support shall be filed on or before March 21, 2019. The Plaintiff's reply in support shall be filed on or before April 11, 2019. Signed by Judge Trevor N. McFadden on 2/7/2019. (lctnm3) (Entered: 02/07/2019)
2019-02-08		Set/Reset Deadlines: Defendants' response to Plaintiff's 27 Motion due by 2/21/2019. Plaintiff's Cross-Motion for Summary Judgment and opposition to Defendants' Partial Motion for Summary Judgment due by 3/7/2019. Defendants' opposition and reply in support due by 3/21/2019. Plaintiff's reply in support due by 4/11/2019. (hmc) (Entered: 02/08/2019)
2019-02-12	29	MOTION to Stay Motion for Summary Judgment Briefing Schedule , MOTION for Extension of Time to File Reply to Opposition to Motion to Compel Production of a Vaughn Index by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Text of Proposed Order)(Robinson, Margaret) (Entered: 02/12/2019)
2019-02-13		MINUTE ORDER: Upon consideration of the Plaintiff's 29 Motion, it is hereby ORDERED that the Plaintiff shall file any reply brief on the necessity of a Vaughn Index on or before March 7, 2019. It is further ORDERED that the schedule for remaining summary judgment filings is stayed pending the Court's ruling on the Plaintiff's Motion to Compel the Production of a Vaughn Index. Signed by Judge Trevor N. McFadden on 2/13/2019. (lctnm3) (Entered: 02/13/2019)
2019-02-14		Set/Reset Deadlines: Plaintiff's reply brief due by 3/7/2019. (hmc) (Entered: 02/14/2019)
2019-02-21	30	RESPONSE re 27 MOTION to Compel Production of a Vaughn Index filed by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 02/21/2019)
2019-03-07	31	REPLY to opposition to motion re 27 MOTION to Compel Production of a Vaughn Index filed by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 03/07/2019)
2019-03-21		MINUTE ORDER: Upon consideration of the Plaintiff's 27 Motion to Compel a Vaughn Index and the parties' related briefing, a Motions Hearing is hereby scheduled for April 9, 2019 at 10 a.m. in Courtroom 2 before Judge Trevor N. McFadden. Signed by Judge Trevor N. McFadden on 3/21/2019. (lctnm3) (Entered: 03/21/2019)
2019-03-21		Set/Reset Hearings: Motion Hearing set for 4/9/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 03/21/2019)
2019-04-09		Minute Entry for proceedings held before Judge Trevor N. McFadden: Motion Hearing held on 4/9/2019. For reasons stated on the record, Plaintiffs' 27 MOTION to Compel Production of a Vaughn Index is DENIED and Defendant's 25 MOTION for Partial Summary Judgment is DENIED. By the end of this week Defendant shall provide a proposed production schedule. Plaintiffs' response, if any, shall be provided by the end of next week. (Court Reporter: Patricia Kaneshiro-Miller.) (hmc) (Entered: 04/09/2019)
2019-04-12	32	MOTION for Scheduling Order by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) (Entered: 04/12/2019)
2019-04-25		MINUTE ORDER: Upon consideration of the Defendants' 32 Proposed Schedule, it is hereby ORDERED that the Defendants shall process responsive records at the rate of 500 pages per month. It is further ORDERED that the parties shall file a Joint Status Report every 60 days beginning on June 3, 2019. Signed by Judge Trevor N. McFadden on 4/25/2019. (lctnm3) (Entered: 04/25/2019)
2019-04-25		Set/Reset Deadlines: Joint Status Report due by 6/3/2019, and every 60 days thereafter. (hmc) (Entered: 04/25/2019)
2019-05-23	33	Consent MOTION for Extension of Time to File Joint Status Report by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Hendry, Melanie) (Entered: 05/23/2019)
2019-05-24		MINUTE ORDER: Upon consideration of the 33 Consent Motion, it is hereby ORDERED that the parties may file the next Joint Status Report on or before June 13, 2019. Subsequent Reports will follow the previously-entered scheduling order. Signed by Judge Trevor N. McFadden on 5/24/2019. (lctnm3) (Entered: 05/24/2019)
2019-05-24		Set/Reset Deadlines: Joint Status Report due by 6/13/2019. (hmc) (Entered: 05/24/2019)
2019-06-12	34	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 06/12/2019)
2019-08-01	35	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Hendry, Melanie) (Entered: 08/01/2019)
2019-08-07	36	NOTICE OF SUBSTITUTION OF COUNSEL by John Moustakas on behalf of FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE Substituting for attorney Melanie Hendry (Moustakas, John) (Entered: 08/07/2019)
2019-10-01	37	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Robinson, Margaret) (Entered: 10/01/2019)
2019-10-02		MINUTE ORDER. Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before November 1, 2019. The report shall include the status of the parties' negotiations concerning production and withholding. It is further ORDERED that the parties shall appear for a status conference on November 4, 2019 at 10:00 am in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/2/2019. (lctnm3) (Entered: 10/02/2019)
2019-10-02		Set/Reset Deadlines/Hearings: Joint Status Report due by 11/1/2019. Status Conference set for 11/4/2019 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 10/02/2019)
2019-10-31	38	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Robinson, Margaret) (Entered: 10/31/2019)
2019-11-01	39	NOTICE of Appearance by Laura Jean Fox on behalf of HUMANE SOCIETY OF THE UNITED STATES (Fox, Laura) (Entered: 11/01/2019)
2019-11-04		Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 11/4/2019. Joint Status Report due by 12/2/2019. (Court Reporter: Cathryn Jones.) (hmc) (Entered: 11/04/2019)
2019-12-02	40	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Moustakas, John) (Entered: 12/02/2019)
2019-12-02	41	NOTICE of Proposed Order by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE re 40 Status Report (Moustakas, John) (Entered: 12/02/2019)
2019-12-03		MINUTE ORDER. Upon consideration of the parties' 40 Joint Status Report, the following summary judgment briefing schedule is hereby ORDERED: Defendants' motion for summary judgment shall be due on February 6, 2020; Plaintiff's opposition to Defendants' motion and cross-motion shall be due on March 6, 2020; Defendants' opposition to Plaintiff's cross-motion and reply shall be due on March 20, 2020; and Plaintiff's reply shall be due on April 3, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/3/2019. (lctnm3) (Entered: 12/03/2019)
2019-12-03		Set/Reset Deadlines: Defendants' motion for summary judgment due by 2/6/2020. Plaintiff's opposition to Defendants' motion and cross-motion due by 3/6/2020. Defendants' opposition to Plaintiff's cross-motion and reply due by 3/20/2020. Plaintiff's reply due by 4/3/2020. (hmc) (Entered: 12/03/2019)
2020-02-06	42	Consent MOTION for Extension of Time to File Summary Judgment by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Moustakas, John) (Entered: 02/06/2020)
2020-02-10		MINUTE ORDER TO SHOW CAUSE. In its December 3, 2019 Minute Order, the Court adopted the parties' proposed summary judgment briefing schedule, directing the Defendants to file their motion on or before February 6, 2020. The Court's 5 Standing Order clearly requires all motions for extension to be filed "at least four business days prior to the first affected deadline." Despite these Orders, Defendants filed their 42 Motion for Extension at 11:20 pm on February 6, 2020, requesting an additional month to file. It is hereby ORDERED that Defendants' 42 Consent Motion for Extension is granted in part and denied in part, and that the parties shall adhere to the following briefing schedule: Defendants' Motion for Summary Judgment shall be due on February 24, 2020; Plaintiff's Opposition and Cross-Motion shall be due on March 24, 2020; Defendants' Opposition and Reply shall be due on April 7, 2020; and Plaintiff's Reply shall be due on April 21, 2020. Further requests for extension shall be disfavored. It is further ORDERED that Defendants shall file a brief on or before February 18, 2020 to show cause why sanctions should not be imposed for violating the Court's Orders. It is further ORDERED that the parties shall appear before the Court on Thursday, February 20, 2020 at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/10/2020. (lctnm3) (Entered: 02/10/2020)
2020-02-11		Set/Reset Hearings: Show Cause Hearing set for 2/20/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 02/11/2020)
2020-02-11		Set/Reset Deadlines: Defendants' Motion for Summary Judgment due by 2/24/2020. Plaintiff's Opposition and Cross-Motion due by 3/24/2020. Defendants' Opposition and Reply due by 4/7/2020. Plaintiff's Reply due by 4/21/2020. Defendants' Brief due by 2/18/2020. (hmc) (Entered: 02/11/2020)
2020-02-18	43	MOTION for Extension of Time to File Summary Judgment by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Moustakas, John) (Entered: 02/18/2020)
2020-02-18	44	RESPONSE re 43 MOTION for Extension of Time to File Summary Judgment filed by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 02/18/2020)
2020-02-18		MINUTE ORDER. In light of the Defendants' representations in the 43 Motion for Extension, it is hereby ORDERED that agency counsel shall accompany the Assistant United States Attorney at the Show Cause hearing on Thursday, February 20, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/18/2020. (lctnm3) (Entered: 02/18/2020)
2020-02-18	45	RESPONSE TO ORDER TO SHOW CAUSE by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE filed by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Moustakas, John) (Entered: 02/18/2020)
2020-02-20		Minute entry for proceedings held before Judge Trevor N. McFadden: Show Cause Hearing held on 2/20/2020. 43 Motion for Extension of Time to File, granted. Defendants' Motion for Summary Judgment due by 3/2/2020. Plaintiff's Opposition to Defendants' Motion for Summary Judgment and Cross-Motion due by 3/30/2020. Defendants' Opposition to Plaintiff's Cross-Motion and Reply in support of their Motion for Summary Judgment due by 4/13/2020. Plaintiff's Reply in support of its Cross-Motion due by 4/27/2020. (Court Reporter: Crystal Pilgrim.) (hmc) (Entered: 02/20/2020)
2020-03-02	46	MOTION for Summary Judgment by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Declaration John W. Welch, # 2 Declaration Barbara McLean, # 3 Declaration Patrick M. McLoughlin)(Moustakas, John) (Entered: 03/02/2020)
2020-03-11	47	ERRATA by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE 46 MOTION for Summary Judgment filed by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Declaration (Declaration of Walter Nicolau III), # 2 Declaration (Corrected Declaration of Patrick M. McLoughlin))(Moustakas, John) (Entered: 03/11/2020)
2020-03-30	48	Cross MOTION for Summary Judgment by HUMANE SOCIETY OF THE UNITED STATES (Attachments: # 1 Declaration of Stephanie Boyles Griffin, # 2 Declaration of Peter Brandt, # 3 Declaration of Chris Holbein, # 4 Declaration of Paul Petersan, # 5 Declaration of Margaret Robinson, # 6 Text of Proposed Order)(Robinson, Margaret) (Entered: 03/30/2020)
2020-03-30	49	Memorandum in opposition to re 46 MOTION for Summary Judgment filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Declaration of Stephanie Boyles Griffin, # 2 Declaration of Peter Brandt, # 3 Declaration of Chris Holbein, # 4 Declaration of Paul Petersan, # 5 Declaration of Margaret Robinson, # 6 Text of Proposed Order)(Robinson, Margaret) (Entered: 03/30/2020)
2020-04-07	50	MOTION to Stay Proceedings by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE (Moustakas, John) (Entered: 04/07/2020)
2020-04-08	51	RESPONSE re 50 MOTION to Stay Proceedings filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Robinson, Margaret) (Entered: 04/08/2020)
2020-04-08		MINUTE ORDER. Upon consideration of the Defendants' 50 Motion to Stay and the Plaintiff's 51 Response, it is hereby ORDERED that the parties shall appear by telephone for a Status Conference on April 15, 2020 at 10:00 a.m. before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. It is further ORDERED that the summary judgment briefing schedule is suspended pending further Court Order. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/8/2020. (lctnm3) (Entered: 04/08/2020)
2020-04-08		Set/Reset Hearings: Status Conference set for 4/15/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 04/08/2020)
2020-04-14	52	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Moustakas, John) (Entered: 04/14/2020)
2020-04-15		Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 4/15/2020. 46 Motion for Summary Judgment and 48 Cross-Motion for Summary Judgment, denied without prejudice. 50 Motion to Stay, denied as moot. Joint Status Report due by 5/15/2020 and on or before the 15th of every month thereafter until production is complete. (Court Reporter: Crystal Pilgrim.) (hmc) Modified on 4/16/2020 to add, Telephonic (hmc). (Entered: 04/15/2020)
2020-05-16	53	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Moustakas, John) (Entered: 05/16/2020)
2020-06-15	54	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 06/15/2020)
2020-07-15	55	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 07/15/2020)
2020-07-16	56	NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of All Defendants Substituting for attorney John Moustakas (Molen, Kathleene) (Entered: 07/16/2020)
2020-08-17	57	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Molen, Kathleene) (Entered: 08/17/2020)
2020-09-15	58	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Molen, Kathleene) (Entered: 09/15/2020)
2020-10-15	59	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 10/15/2020)
2020-11-16	60	Joint STATUS REPORT by HUMANE SOCIETY OF THE UNITED STATES. (Robinson, Margaret) (Entered: 11/16/2020)
2020-12-09	61	NOTICE OF SUBSTITUTION OF COUNSEL by Matthew Eric Penzer on behalf of HUMANE SOCIETY OF THE UNITED STATES Substituting for attorney Margaret Robinson (Penzer, Matthew) (Entered: 12/09/2020)
2020-12-15	62	Joint STATUS REPORT by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Molen, Kathleene) (Entered: 12/15/2020)
2021-01-15	63	PROPOSED BRIEFING SCHEDULE by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 01/15/2021)
2021-01-18		MINUTE ORDER. Upon consideration of the parties' 63 Proposed Briefing Schedule, the parties shall adhere to the following briefing schedule. Defendants shall file their motion for summary judgment on or before February 24, 2021. Plaintiff shall file its combined opposition and cross-motion for summary judgment on or before March 31, 2021. Defendants shall file their combined opposition and reply on or before April 21, 2021. Plaintiff shall file its reply, if any, on or before May 5, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/18/2021. (lctnm3) (Entered: 01/18/2021)
2021-01-19		Set/Reset Deadlines: Defendants' motion for summary judgment due by 2/24/2021. Plaintiff's combined opposition and cross-motion due by 3/31/2021. Defendants' combined opposition and reply due by 4/21/2021. Plaintiff's reply due by 5/5/2021. (hmc) (Entered: 01/19/2021)
2021-02-24	64	MOTION for Summary Judgment by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Jacque Johnson, # 4 Declaration Kimberly Morris, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Declaration Barbara McLean, # 9 Declaration John Welch, # 10 Declaration Walter Nicolau, # 11 Text of Proposed Order)(Molen, Kathleene) (Entered: 02/24/2021)
2021-03-31	65	Cross MOTION for Summary Judgment by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Response to Defendants' Statement of Facts, # 4 Declaration of Matthew Penzer, # 5 Declaration of Margaret Robinson, # 6 Declaration of Paul Petersan, # 7 Declaration of Chris Holbein, # 8 Declaration of Stephanie Boyles Griffin, # 9 Text of Proposed Order)(Penzer, Matthew) (Entered: 03/31/2021)
2021-03-31	66	Memorandum in opposition to re 64 MOTION for Summary Judgment filed by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Statement of Facts, # 2 Response to Defendants' Statement of Facts, # 3 Declaration of Matthew Penzer, # 4 Declaration of Margaret Robinson, # 5 Declaration of Paul Petersan, # 6 Declaration of Chris Holbein, # 7 Declaration of Stephanie Boyles Griffin, # 8 Text of Proposed Order)(Penzer, Matthew) (Entered: 03/31/2021)
2021-04-14	67	Consent MOTION to Modify Briefing Schedule by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Molen, Kathleene) (Entered: 04/14/2021)
2021-04-14		MINUTE ORDER granting Defendants' 67 Consent Motion to Modify Briefing Schedule. The parties shall adhere to the following modified briefing schedule: Defendants shall file their combined opposition and reply on or before April 28, 2021. Plaintiff shall file its reply, if any, on or before May 19, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/14/2021. (lctnm3) (Entered: 04/14/2021)
2021-04-28	68	REPLY to opposition to motion re 64 MOTION for Summary Judgment filed by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Responses to Plaintiff's Statement of Facts, # 2 Declaration Supplemental Declaration of Kimberly Morris, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 04/28/2021)
2021-04-28	69	Memorandum in opposition to re 65 Cross MOTION for Summary Judgment filed by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Responses to Plaintiff's Statement of Facts, # 2 Declaration Supplemental Declaration of Kimberly Morris, # 3 Text of Proposed Order)(Molen, Kathleene) (Entered: 04/28/2021)
2021-05-19	70	REPLY to opposition to motion re 65 Cross MOTION for Summary Judgment filed by HUMANE SOCIETY OF THE UNITED STATES. (Penzer, Matthew) (Entered: 05/19/2021)
2021-06-23	71	Consent MOTION for Leave to File a Sur-Reply by FARM SERVICE AGENCY, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Sur-Reply, # 2 Text of Proposed Order)(Molen, Kathleene) (Entered: 06/23/2021)
2021-06-28	72	MEMORANDUM OPINION re Defendants' 64 Motion for Summary Judgment and Plaintiff's 65 Cross-Motion for Summary Judgment. Signed by Judge Trevor N. McFadden on 6/28/2021. (lctnm3) (Entered: 06/28/2021)
2021-06-28	73	ORDER. For the reasons stated in 72 Memorandum Opinion, the Defendants' 64 Motion for Summary Judgment is DENIED and Plaintiff's 65 Cross-Motion for Summary Judgment is GRANTED. See attached Order for details. Signed by Judge Trevor N. McFadden on 6/28/2021. (lctnm3) (Entered: 06/28/2021)
2021-07-06	74	Unopposed MOTION for Extension of Time to File Motion for Fee Recovery by HUMANE SOCIETY OF THE UNITED STATES. (Attachments: # 1 Text of Proposed Order)(Penzer, Matthew) (Entered: 07/06/2021)
2021-07-07		MINUTE ORDER granting in part Plaintiff's 74 Unopposed Motion for Extension of Time to File Motion for Fee Recovery. Plaintiff shall file any motion for attorney's fees and costs by September 6, 2021 without prejudice to it seeking further extensions if needed. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/7/2021. (lctnm3) (Entered: 07/07/2021)
2021-07-07		Set/Reset Deadlines: Plaintiff's motion for attorney's fees due by 9/6/2021. (hmc) (Entered: 07/07/2021)
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