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Case TitlePEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. et al v. PERDUE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00887
Date Filed2018-04-16
Date Closed2020-07-17
JudgeJudge Christopher R. Cooper
PlaintiffPEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.
PlaintiffDELCIANNA J. WINDERS
PlaintiffPHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE
PlaintiffMASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
TERMINATED: 10/24/2018
PlaintiffRESCUE AND FREEDOM PROJECT
Case DescriptionPeople for the Ethical Treatment of Animals and several other animal rights organizations requested that the Animal and Plant Health Inspection Service post enforcement reports under the Animal Welfare Act in its electronic public reading room under the affirmative disclosure provision of FOIA. PETA and the other plaintiffs argued that requiring individual FOIA requests for enforcement reports was inefficient and increased the agency's workload.
Complaint issues: Affirmative disclosure

DefendantSONNY PERDUE Secretary, United States Department of Agriculture
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-161COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5423971) filed by ALL PLAINTIFFS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons APHIS, # 4 Summons Secretary Perdue, # 5 Summons U.S. Attorney, # 6 Summons USDA)(Meyer, Katherine) (Entered: 04/16/2018)
2018-04-162Corporate Disclosure Statement by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Meyer, Katherine) (Main Document 2 replaced on 4/18/2018) (zmd). (Entered: 04/16/2018)
2018-04-163Corporate Disclosure Statement by DELCIANNA J. WINDERS. (Meyer, Katherine) (Main Document 3 replaced on 4/18/2018) (zmd). (Entered: 04/16/2018)
2018-04-164Corporate Disclosure Statement by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Meyer, Katherine) (Main Document 4 replaced on 4/18/2018) (zmd). (Entered: 04/16/2018)
2018-04-165Corporate Disclosure Statement by Massachusetts Society for the Prevention of Cruelty to Animals. (Meyer, Katherine) (Main Document 5 replaced on 4/18/2018) (zmd). (Entered: 04/16/2018)
2018-04-166Corporate Disclosure Statement by Rescue and Freedom Project. (Meyer, Katherine) (Main Document 6 replaced on 4/18/2018) (zmd). (Entered: 04/16/2018)
2018-04-187NOTICE OF RELATED CASE by MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. Case related to Case No. 17-cv-269. (zmd) (Entered: 04/18/2018)
2018-04-18Case Assigned to Judge Christopher R. Cooper. (zmd) (Entered: 04/18/2018)
2018-04-188SUMMONS (5) Issued Electronically as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 04/18/2018)
2018-05-149NOTICE of Appearance by Peter Bryce on behalf of All Defendants (Bryce, Peter) (Entered: 05/14/2018)
2018-05-1410Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 05/14/2018)
2018-05-15MINUTE ORDER granting 10 Defendants' Motion for Extension of Time. Defendants' response to the complaint shall be due by June 22, 2018. Signed by Judge Christopher R. Cooper on 5/15/2018. (lccrc2) (Entered: 05/15/2018)
2018-05-15Set/Reset Deadlines: Responses due by 6/22/2018. (znbn) (Entered: 05/15/2018)
2018-06-2211MOTION to Dismiss by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Bryce, Peter) (Entered: 06/22/2018)
2018-06-2512NOTICE of Appearance by William Lawton on behalf of All Plaintiffs (Lawton, William) (Entered: 06/25/2018)
2018-07-0313ERRATA by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE 11 MOTION to Dismiss filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, SONNY PERDUE. (Bryce, Peter) (Entered: 07/03/2018)
2018-07-0314Consent MOTION to Hold in Abeyance by MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS (Meyer, Katherine) (Entered: 07/03/2018)
2018-07-11MINUTE ORDER granting 14 Plaintiffs' Motion to Hold in Abeyance. The parties shall file joint status reports updating the Court on the status of Plaintiffs' administrative requests every 60 days beginning September 11, 2018. Signed by Judge Christopher R. Cooper on 7/11/2018. (lccrc2) (Entered: 07/11/2018)
2018-07-12Set/Reset Deadlines: Joint Status Report due by 9/11/2018 (lsj) (Entered: 07/12/2018)
2018-09-1115Joint STATUS REPORT by MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 09/11/2018)
2018-10-2416AMENDED COMPLAINT against All Defendants filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS, RESCUE AND FREEDOM PROJECT.(Meyer, Katherine) (Entered: 10/24/2018)
2018-11-0517Consent MOTION to Permit the Filing of Supplemental Complaint by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS (Attachments: # 1 Text of Proposed Order)(Meyer, Katherine) Modified event title on 11/7/2018 (znmw). (Entered: 11/05/2018)
2018-11-06MINUTE ORDER granting 17 Motion for Order to Permit Filing of Supplemental Complaint. Plaintiff's supplemental complaint is hereby deemed the operative complaint, and Defendant shall have until December 5, 2018 to answer or otherwise respond to the complaint. Signed by Judge Christopher R. Cooper on 11/6/2018. (lccrc2) (Entered: 11/06/2018)
2018-11-07Set/Reset Deadlines: Answer due by 12/5/2018 (lsj) (Entered: 11/07/2018)
2018-11-2918ENTERED IN ERROR. . . . . MOTION to Stay Further Proceedings by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) Modified on 11/29/2018 (ztd). (Entered: 11/29/2018)
2018-11-29NOTICE OF CORRECTED DOCKET ENTRY: re 18 MOTION to Stay Further Proceedings was entered in error per counsel and will be refiled. (ztd) (Entered: 11/29/2018)
2018-11-2919MOTION to Stay Further Proceedings by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Bryce, Peter) (Entered: 11/29/2018)
2018-12-1420Memorandum in opposition to re 19 MOTION to Stay Further Proceedings filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. (Meyer, Katherine) (Entered: 12/14/2018)
2018-12-2121REPLY to opposition to motion re 19 MOTION to Stay Further Proceedings filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 12/21/2018)
2019-02-0522OPINION AND ORDER granting 19 Defendants' Motion to Stay. See full Opinion and Order for details. Signed by Judge Christopher R. Cooper on 2/5/2019. (lccrc2) (Entered: 02/05/2019)
2019-03-2123NOTICE of Recent Decision by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit A)(Bryce, Peter) (Entered: 03/21/2019)
2019-05-3124NOTICE Supplemental Notice by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE re 23 Notice (Other) (Bryce, Peter) (Entered: 05/31/2019)
2019-06-2625NOTICE OF WITHDRAWAL OF APPEARANCE as to PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. Attorney Katherine A. Meyer terminated. (Meyer, Katherine) (Entered: 06/26/2019)
2019-08-06MINUTE ORDER: The parties indicated on May 31, 2019 that they were discussing a mutually agreeable schedule for briefing a pending motion to dismiss. It is hereby ORDERED that the parties provide a proposed briefing schedule for that motion on or before September 3, 2019. Signed by Judge Christopher R. Cooper on 8/6/2019. (lccrc2) (Entered: 08/06/2019)
2019-08-07Set/Reset Deadlines: Proposed Briefing Schedule due by 9/3/2019 (lsj) (Entered: 08/07/2019)
2019-08-1626NOTICE of Change of Address by William N. Lawton (Lawton, William) (Entered: 08/16/2019)
2019-09-0327PROPOSED BRIEFING SCHEDULE (JOINT) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 09/03/2019)
2019-09-04MINUTE ORDER ENTERING SCHEDULING ORDER: Upon consideration of 27 the Parties' Joint Proposed Briefing Schedule, it is hereby ORDERED: Defendants' motion to dismiss is due by November 4, 2019. Plaintiffs' opposition is due by December 20, 2019. Defendants' reply is due by January 31, 2020. The parties are advised that, given the extended briefing schedule, any extension requests will be looked upon with disfavor. Signed by Judge Christopher R. Cooper on 9/4/19. (lccrc2) Modified on 9/9/2019 (zlsj). (Entered: 09/04/2019)
2019-11-0428MOTION to Dismiss Supplemental Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Bryce, Peter) (Entered: 11/04/2019)
2019-12-2029Memorandum in opposition to re 28 MOTION to Dismiss Supplemental Complaint filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit OIG Report 2014, # 3 Exhibit Letter from Representatives, # 4 Exhibit OIG Report 1992, # 5 Exhibit OIG Report 1995, # 6 Exhibit Redacted Inspection Reports)(Lawton, William) (Entered: 12/20/2019)
2019-12-2030MOTION to Consolidate Cases PETA 1 and PETA 2 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 12/20/2019)
2019-12-2331Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Consolidate Cases PETA 1 and PETA 2 by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 12/23/2019)
2019-12-24MINUTE ORDER granting (57) Consent Motion for Extension of Time to File Opposition to (55 in 1:17-cv-00269-CRC) Plaintiff's Motion to Consolidate Cases and granting (31) Consent Motion for Extension of Time to File Opposition to (30 in 1:18-cv-00887-CRC) Plaintiff's Motion to Consolidate Cases. Defendant shall file its Opposition to both motions by January 31, 2020. Signed by Judge Christopher R. Cooper on 12/24/19. (lccrc2) (Entered: 12/24/2019)
2019-12-26Set/Reset Deadlines: Oppositions due by 1/31/2020 (lsj) (Entered: 12/26/2019)
2020-01-1632Consent MOTION to Stay Motion to Suspend Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 01/16/2020)
2020-01-24MINUTE ORDER granting (58) Consent Motion to Stay in case 1:17-cv-00269-CRC and granting (32) Consent Motion to Stay in case 1:18-cv-00887-CRC. The deadlines in both cases shall be STAYED until March 3, 2020. The parties shall file a joint status report by March 3, 2020, which shall include an update as to whether any issues remain in either case. Signed by Judge Christopher R. Cooper on 1/24/20. (lccrc2) (Entered: 01/24/2020)
2020-03-0333Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 03/03/2020)
2020-03-03MINUTE ORDER: In light of 59 33 the parties' latest joint status reports, the deadlines in both 17-cv-269 and 18-cv-887 shall remain STAYED until May 18, 2020. The parties shall file a joint status report by May 18, 2020, which shall include an update as to whether any issues remain in either case. Signed by Judge Christopher R. Cooper on 3/3/2020. (lccrc2) (Entered: 03/03/2020)
2020-03-04Set/Reset Deadlines: Joint Status Report due by 5/18/2020 (lsj) (Entered: 03/04/2020)
2020-05-1834Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 05/18/2020)
2020-05-20MINUTE ORDER: Having reviewed the parties' May 18, 2020 Joint Status Report, the Court hereby VACATES (53) Defendants' Renewed Motion to Dismiss and (55) Plaintiffs' Motion to Consolidate Cases in case 1:17-cv-00269-CRC as well as (28) Defendants' Motion to Dismiss the Amended Complaint and (30) Plaintiffs' Motion to Consolidate Cases in case 1:18-cv-00887-CRC. In case 1:18-cv-00887-CRC, it is further ORDERED that (11) Defendants' Motion to Dismiss the Original Complaint is DENIED AS MOOT and that (18) Defendants' Motion to Stay is TERMINATED as entered in error. The Court encourages the parties to work towards a prompt resolution of these cases. If they are unable to do so, they are directed to file a further joint status report by no later than July 17, 2020 apprising the Court of the need for further proceedings. The Government may renew its motions to dismiss based on any disputed issues that may remain at that time, if necessary, and Plaintiffs may also renew their motions to consolidate the cases. Signed by Judge Christopher R. Cooper on 5/20/20. (lccrc2) (Entered: 05/20/2020)
2020-05-21Set/Reset Deadlines: Status Report due by 7/17/2020 (lsj) (Entered: 05/21/2020)
2020-07-1735STIPULATION of Dismissal by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, RESCUE AND FREEDOM PROJECT, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 07/17/2020)
2020-07-17MINUTE ORDER: In light of 35 61 Stipulations of Dismissal, Case Nos. 17-cv-269 and 18-cv-887 are hereby DISMISSED with prejudice. Signed by Judge Christopher R. Cooper on 7/17/20. (lccrc2) (Entered: 07/17/2020)
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