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Case TitlePEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. et al v. UNITED STATES DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01886
Date Filed2018-08-09
Date Closed2020-10-15
JudgeJudge Christopher R. Cooper
PlaintiffDELCIANNA J. WINDERS
PlaintiffPEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.
Case DescriptionPeople for the Ethical Treatment of Animals submitted FOIA requests to the Department of Agriculture's Animal and Plant Health Inspection Service for records concerning the removal of information from Animal Welfare Act investigations on the agency's website, as well as the identifying information. PETA also requested fee waivers. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, PETA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-071COMPLAINT against Animal and Plant Health Inspection Service, The United States Department of Agriculture ( Filing fee $ 400, receipt number 0422-6120598.), filed by People for the Ethical Treatment of Animals, Inc., Delcianna J. Winders. (Attachments: # 1 Civil Cover Sheet)(epri) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 06/07/2018)
2018-06-072Financial Interest Disclosure Statement (Local Rule 7.1) by People for the Ethical Treatment of Animals, Inc. (epri) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 06/07/2018)
2018-06-073Two (2) Summonses Issued as to Animal and Plant Health Inspection Service, The United States Department of Agriculture. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Civil Motions Procedures)(epri) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 06/07/2018)
2018-07-134MOTION to Dismiss or Transfer and Sever by Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Wilson, Joel) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 07/13/2018)
2018-07-135Memorandum in Support re 4 MOTION to Dismiss or Transfer and Sever filed by Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Wilson, Joel) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 07/13/2018)
2018-07-236SUMMONS Returned Executed. The United States Department of Agriculture served on 6/13/2018. (jrin) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 07/23/2018)
2018-07-237SUMMONS Returned Executed. Animal and Plant Health Inspection Service served on 6/15/2018.(jrin) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 07/23/2018)
2018-07-23Refer for 16(b) (jrin) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 07/23/2018)
2018-08-098ORDER. It is therefore ORDERED that this action be transferred to the United States District Court for the District of Columbia. Signed by District Judge Henry C. Morgan, Jr on 8/8/2018. (jrin) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 08/09/2018)
2018-08-09Case transferred electronically to United States District Court for the District of Columbia. (jrin) [Transferred from Virginia Eastern on 8/17/2018.] (Entered: 08/09/2018)
2018-08-179Case transferred in from District of Virginia Eastern; Case Number 2:18-cv-00306. Original file certified copy of transfer order and docket sheet received. (Entered: 08/17/2018)
2018-08-2010NOTICE of Appearance by Delcianna J. Winders on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., DELCIANNA J. WINDERS (Winders, Delcianna) (Entered: 08/20/2018)
2018-08-2011NOTICE OF RELATED CASE by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., DELCIANNA J. WINDERS. Case related to Case No. 00887. (Winders, Delcianna) (Entered: 08/20/2018)
2018-08-20Case directly reassigned to Judge Christopher R. Cooper as related to 18cv887 (CRC). Judge Timothy J. Kelly is no longer assigned to the case. (ztnr) (Entered: 08/20/2018)
2018-08-2312NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Joel Wilson (Field, Brian) (Entered: 08/23/2018)
2019-02-06MINUTE ORDER: No answer has been filed in this transferred case, which appears related to two other matters before the court involving the same parties and similar subject matter: 17-cv-269 (on appeal) and 18-cv-887 (stayed pending appellate decision in 17-cv-269). The parties are directed to file, by February 20, 2019, a joint report on the status of this case and the need for further proceedings. If further proceedings are necessary, the report shall include proposed schedules for an answer, followed by production and summary judgment briefing as required. Signed by Judge Christopher R. Cooper on 2/6/2019. (lccrc2) (Entered: 02/06/2019)
2019-02-06Set/Reset Deadlines: Joint Status Report due by 2/20/2019 (lsj) (Entered: 02/06/2019)
2019-02-06Case Stayed (lsj) (Entered: 02/06/2019)
2019-02-1913Consent MOTION for Extension of Time to File Joint Status Report by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Field, Brian) (Entered: 02/19/2019)
2019-02-19MINUTE ORDER granting 13 Consent Motion for Extension of Time to File Joint Status Report. The parties shall file a joint status report proposing a course for future proceedings on or before March 1, 2019. Signed by Judge Christopher R. Cooper on 2/19/2019. (lccrc2) (Entered: 02/19/2019)
2019-02-21Set/Reset Deadlines: Joint Status Report due by 3/1/2019 (lsj) (Entered: 02/21/2019)
2019-03-0114Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Field, Brian) (Entered: 03/01/2019)
2019-03-05MINUTE ORDER: In light of the parties' joint status report, the following deadlines shall apply: Defendants' answer is due on or before March 28, 2019; and the parties shall submit a joint status report on or before May 2, 2019, which should update the Court on the status of production and what issues may require the Court's resolution. Signed by Judge Christopher R. Cooper on 3/5/2019. (lccrc2) (Entered: 03/05/2019)
2019-03-06Set/Reset Deadlines: Answer due by 3/28/2019. Joint Status Report due by 5/2/2019 (lsj) (Entered: 03/06/2019)
2019-03-2815ANSWER to 1 Complaint, by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE.(Field, Brian) (Entered: 03/28/2019)
2019-05-0216Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Field, Brian) (Entered: 05/02/2019)
2019-05-07MINUTE ORDER: In light of the parties' proposed briefing schedule, the following briefing schedule shall apply: Defendants' motion for summary judgment is due by July 2, 2019; Plaintiff's opposition and cross-motion is due by August 16, 2019; Defendants' reply and opposition is due by September 16, 2019; and Plaintiff's reply is due by October 7, 2019. Signed by Judge Christopher R. Cooper on 5/7/2019. (lccrc2) (Entered: 05/07/2019)
2019-05-07Set/Reset Deadlines: Summary Judgment motions due by 7/2/2019. Response to Motion for Summary Judgment due by 8/16/2019. Cross Motions due by 8/16/2019. Reply to Motion for Summary Judgment due by 9/16/2019. Response to Cross Motions due by 9/16/2019. Reply to Cross Motions due by 10/7/2019. (znbn) (Entered: 05/07/2019)
2019-05-1617NOTICE OF SUBSTITUTION OF COUNSEL by Jeffrey S. Kerr on behalf of All Plaintiffs Substituting for attorney Delcianna Winders (Kerr, Jeffrey) (Entered: 05/16/2019)
2019-06-2618Consent MOTION to Modify Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Field, Brian) Modified event title on 6/27/2019 (znmw). (Entered: 06/26/2019)
2019-06-28MINUTE ORDER granting 18 Motion to Modify Briefing Schedule. The following deadlines shall apply: Defendants' motion for summary judgment is due by August 9, 2019; Plaintiffs' combined opposition and cross motion is due by September 23, 2019; Defendants' combined opposition and reply is due by October 24, 2019; and Plaintiffs' reply is due by November 14, 2019. Signed by Judge Christopher R. Cooper on 6/28/2019. (lccrc2) (Entered: 06/28/2019)
2019-06-28Set/Reset Deadlines: Summary Judgment motions due by 8/9/2019. Response to Motion for Summary Judgment due by 9/23/2019. Cross Motions due by 9/23/2019. Reply to Motion for Summary Judgment due by 10/24/2019. Response to Cross Motions due by 10/24/2019. Reply to Cross Motions due by 11/14/2019. (znbn) (Entered: 06/28/2019)
2019-07-0319NOTICE of Appearance by William N. Lawton on behalf of All Plaintiffs (Lawton, William) (Entered: 07/03/2019)
2019-08-0220Unopposed MOTION to Stay Briefing by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., DELCIANNA J. WINDERS (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 08/02/2019)
2019-08-0621ORDER granting 20 Motion to Stay. See full Order for details. Signed by Judge Christopher R. Cooper on 8/6/2019. (lccrc2) (Entered: 08/06/2019)
2020-07-31MINUTE ORDER: The parties are directed to file by August 7, 2020 a stipulation of dismissal of this action in light of the dismissals of PETA I , Case No. 17-cv-269, and PETA II , Case No. 18-cv-887, or a joint status report explaining why further proceedings in this case are necessary and setting forth a proposed schedule. Signed by Judge Christopher R. Cooper on 7/31/20. (lccrc2) (Entered: 07/31/2020)
2020-07-31Set/Reset Deadlines: Stipulation of Dismissal due by 8/7/2020. (lsj) (Entered: 07/31/2020)
2020-08-0722Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., DELCIANNA J. WINDERS. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 08/07/2020)
2020-08-10MINUTE ORDER: In light of 22 the parties' latest joint status report, the parties are directed to file a stipulation of dismissal or joint status report by September 25, 2020. Signed by Judge Christopher R. Cooper on 8/10/20. (lccrc2) (Entered: 08/10/2020)
2020-08-10Set/Reset Deadlines: Joint Status Report due by 9/25/2020 (lsj) (Entered: 08/10/2020)
2020-09-2523Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Field, Brian) (Entered: 09/25/2020)
2020-09-28MINUTE ORDER: In light of 23 the parties' latest joint status report, it is hereby ORDERED that the parties shall file a further joint status report on or before October 16, 2020, if they have not submitted a stipulation of dismissal before that date. It is further ORDERED that a status conference is set for October 19, 2020, at 11 a.m. by videoconference. Instructions for videoconference access will be provided separately. Signed by Judge Christopher R. Cooper on 09/28/2020. (lccrc3) (Entered: 09/28/2020)
2020-09-29Set/Reset Deadlines/Hearings: Joint Status Report due by 10/16/2020. Status Conference set for 10/19/2020 at 11:00 AM by VTC before Judge Christopher R. Cooper. (lsj) (Entered: 09/29/2020)
2020-10-1524STIPULATION of Dismissal by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Field, Brian) (Entered: 10/15/2020)
2020-10-15MINUTE ORDER: In light of the 24 Stipulation of Dismissal, this case is hereby dismissed with prejudice. Signed by Judge Christopher R. Cooper on 10/15/2020. (lccrc3) (Entered: 10/15/2020)
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