Case Detail

FOIA Project Annotation: In a case brought by the American Society for the Prevention of Cruelty to Animals challenging the response of the Animal and Plant Health Inspection Service to 76 FOIA requests submitted by the ASCPA concerning the Animal Welfare Act, Judge Naomi Buchwald of the Southern District of New York found that the agency failed to justify its claims under Exemption 4 (commercial and confidential) but accepted most of its Exemption 5 (privileges) claims. She also rejected the organization's claim that the agency had a policy and practice of violating FOIA. Many of the requests submitted by the ASCPA dealt with annual license renewal applications from animal dealers, known as Form 7003. Under Exemption 4, the agency redacted information submitted by dealers regarding their revenue, the number of animals sold, and their annual license fee, which is calculated based on a dealer's revenue. In response to an ASCPA request for records pertaining to the agency's 2017 inspection and enforcement actions taken against Ruby Fur Farm, the agency also redacted information under the attorney-client privilege. The ASPCA's policy and practice claim was based on the agency's failure to respond to 30 requests within the statutory time limit. The agency's inability to respond to requests for inspection reports was exacerbated after the agency decided in February 2017 to no longer post reports online but to require FOIA requests instead. That increased the agency's backlog by over 1,000 requests by the end of 2018. In 2019, the Supreme Court decided Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019), in which the Court abandoned the substantial harm test first articulated in the D.C. Circuit's 1974 National Parks decision, because it was not supported by the plain language of Exemption 4. Instead, the Court indicated that records were protected by Exemption 4 if they were both commercial and confidential. The Court, however, provided little guidance on how to determine the applicability of either prong, but indicated that a clear assurance of confidentiality by the agency would be adequate to show the records were treated as confidential. Buchwald focused on the confidentiality prong of Exemption 4, explaining that the agency had shown the submitters treated the data included on Form 7003s as confidential. But Buchwald noted the agency had provided no evidence regarding government assurances of confidentiality, arguing instead that there was no need to require that the confidentiality prong was satisfied. However, Buchwald pointed out that "while the Supreme Court in Argus Leader did not resolve the issue of whether government assurances are necessary to satisfy Exemption 4, such assurances are indisputably relevant to the Exemption 4 analysis." Buchwald then explained that "here, though, the Court need not decide whether government assurances of confidentiality are required. That is because, at the time the dealers submitted the Form 7003s in question, the Agencies took the public position that they would not treat Block 10 information as confidential" based on the ruling by the D.C. Circuit in a reverse-FOIA decision in Jurewicz v. Dept of Agriculture, 741 F.3d 1326 (D.C. Cir. 2014), in which the government took the position that the Block 10 data was publicly available. Buchwald indicated that "it still stands to reason that if government assurances of privacy convey confidentiality for the purposes of Exemption 4, then government assurances of publicity vitiate the same. The Court therefore joins the growing chorus of opinions reasoning that Exemption 4 does not apply when an agency publicly acknowledges that it will not treat information as confidential, a conclusion that is even endorsed by the Department of Justice's official guidance on Exemption 4 in the wake of Argus Leader." While Buchwald questioned some of the agency's privilege claims under the attorney-client and deliberative process privilege, she ultimately accepted that they were protected, including after examining them in light of the foreseeable harm standard. However, she rejected the ASCPA's policy and practice claim. She indicated that she accepted the D.C. Circuit's precedent in Payne Enterprises, Inc. v. United States, 837 F.2d 486 (D.C. Cir. 1988), including its recent ruling in Judicial Watch v. Dept of Homeland Security, 895 F.3d 770 (D.C. Cir. 2018), finding that a consistent failure to respond on time could qualify as a policy and practice claim. She agreed that the agency's 2017 decision to prohibit online access to data from Animal Welfare Act inspection reports had caused the agency's consistent failure to meet its statutory deadlines. But in Section 788 of the Further Consolidated Appropriations Act of 2020 Congress legislatively prohibited APHIS from continuing to fail to make the AWA inspection report data available online. As a result, Buchwald noted that "because Congress already acted to address the Agencies' policies and practices adopted on February 3, 2017, that underline the ASPCA's claims, the APSCA has not established that the Court must intervene to correct a policy or practice that Agencies have in place that 'will impair [APCA's] lawful access to information in the future."
Issues: Exemption 4 - Confidential business information, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2019-04-08	1	COMPLAINT against The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Filing Fee $ 400.00, Receipt Number ANYSDC-16644863)Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Exhibit 1 - Correspondence)(Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-08	2	CIVIL COVER SHEET filed. (Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-08	3	REQUEST FOR ISSUANCE OF SUMMONS as to The Animal and Plant Health Inspection Service, re: 1 Complaint,. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-08	4	REQUEST FOR ISSUANCE OF SUMMONS as to The United States Department of Agriculture, re: 1 Complaint,. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-08	5	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Society for the Prevention of Cruelty to Animals.(Kennelly, Kaitland) (Entered: 04/08/2019)
2019-04-09		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 04/09/2019)
2019-04-09		Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 04/09/2019)
2019-04-09		Case Designated ECF. (pc) (Entered: 04/09/2019)
2019-04-09	6	ELECTRONIC SUMMONS ISSUED as to The Animal and Plant Health Inspection Service. (pc) (Entered: 04/09/2019)
2019-04-09	7	ELECTRONIC SUMMONS ISSUED as to The United States Department of Agriculture. (pc) (Entered: 04/09/2019)
2019-04-15	8	SUMMONS RETURNED EXECUTED (FOIA CASE). The Animal and Plant Health Inspection Service served on 4/10/2019, answer due 5/10/2019. Service was accepted by United States Attorney's Office. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/15/2019)
2019-04-15	9	SUMMONS RETURNED EXECUTED (FOIA CASE). The United States Department of Agriculture served on 4/10/2019, answer due 5/10/2019. Service was accepted by United States Attorney's Office. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/15/2019)
2019-04-15	10	AFFIDAVIT OF SERVICE (FOIA CASE). Service was made by Certified Mail. Document filed by American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/15/2019)
2019-04-23	11	NOTICE OF APPEARANCE by Kaitland Mccann Kennelly on behalf of American Society for the Prevention of Cruelty to Animals. (Kennelly, Kaitland) (Entered: 04/23/2019)
2019-05-06	12	NOTICE OF APPEARANCE by Jennifer Helen Chin on behalf of American Society for the Prevention of Cruelty to Animals. (Chin, Jennifer) (Entered: 05/06/2019)
2019-05-06	13	NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Teleanu, Natasha) (Entered: 05/06/2019)
2019-05-07	14	LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 5/7/2019. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 05/07/2019)
2019-05-07	15	MOTION for Erin M. Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16835541. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Affidavit Declaration of Erin M. Estevez, # 2 Exhibit Certificate of Good Standing - Virginia, # 3 Exhibit Certificate of Good Standing - District of Columbia, # 4 Text of Proposed Order)(Estevez, Erin) (Entered: 05/07/2019)
2019-05-07	16	ORDER: granting 14 Letter Motion for Extension of Time. Application Granted. (Signed by Judge Naomi Reice Buchwald on 5/07/2019) (ama) (Entered: 05/07/2019)
2019-05-07		Set/Reset Deadlines: The Animal and Plant Health Inspection Service answer due 5/24/2019; The United States Department of Agriculture answer due 5/24/2019. (ama) (Entered: 05/07/2019)
2019-05-07		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Erin M. Estevez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16835541. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 05/07/2019)
2019-05-08	17	ORDER FOR ADMISSION PRO HAC VICE: granting 15 Motion for Erin M. Estevez to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/08/2019) (ama) (Entered: 05/08/2019)
2019-05-14	18	MOTION for Bonnie Weiss McLeod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16878453. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Affidavit Declaration of Bonnie Weiss McLeod, # 2 Exhibit Certificate of Good Standing - Virginia, # 3 Exhibit Certificate of Good Standing - District of Columbia, # 4 Text of Proposed Order)(Weiss McLeod, Bonnie) (Entered: 05/14/2019)
2019-05-14		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Bonnie Weiss McLeod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16878453. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 05/14/2019)
2019-05-14	19	ORDER FOR ADMISSION PRO HAC VICE: granting 18 Motion for Bonnie Weiss McLeod to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 5/14/2019) (ama) (Entered: 05/14/2019)
2019-05-20	20	LETTER MOTION for Leave to File Amended Complaint addressed to Judge Naomi Reice Buchwald from Erin M. Estevez dated May 20, 2019. Document filed by American Society for the Prevention of Cruelty to Animals.(Estevez, Erin) (Entered: 05/20/2019)
2019-05-20	21	ORDER granting 20 Letter Motion for Leave to File Document. So Ordered. (Signed by Judge Naomi Reice Buchwald on 5/20/2019) (ks) (Entered: 05/21/2019)
2019-05-21		Set/Reset Deadlines: The Animal and Plant Health Inspection Service answer due 7/1/2019; The United States Department of Agriculture answer due 7/1/2019. Amended Pleadings due by 5/31/2019. (ks) (Entered: 05/21/2019)
2019-05-31	22	AMENDED COMPLAINT amending 1 Complaint, against The Animal and Plant Health Inspection Service, The United States Department of Agriculture.Document filed by American Society for the Prevention of Cruelty to Animals. Related document: 1 Complaint,. (Attachments: # 1 Exhibit 1 - ASPCA's correspondence with U.S. Attorney's office)(Estevez, Erin) (Entered: 05/31/2019)
2019-06-14	23	MOTION for Tamara Y. Feliciano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17087364. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Affidavit Declaration of Tamara Y. Feliciano, # 2 Exhibit Certificate of Good Standing - Georgia, # 3 Text of Proposed Order)(Feliciano, Tamara) (Entered: 06/14/2019)
2019-06-14		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Tamara Y. Feliciano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17087364. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 06/14/2019)
2019-06-18	24	ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Tamara Y. Feliciano to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 6/18/2019) (mro) (Entered: 06/19/2019)
2019-07-01	25	LETTER MOTION for Conference re: 22 Amended Complaint, and anticipated partial motion to dismiss addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 7/1/2019. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 07/01/2019)
2019-07-08	26	LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Erin Estevez dated July 8, 2019 re: 25 LETTER MOTION for Conference re: 22 Amended Complaint, and anticipated partial motion to dismiss addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 7/1/2019. . Document filed by American Society for the Prevention of Cruelty to Animals. (Estevez, Erin) (Entered: 07/08/2019)
2019-07-18	27	MOTION for Robert G. Hensley, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17269970. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Affidavit Declaration of Robert G. Henlsey, Jr., # 2 Exhibit Certificate of Good Standing - North Carolina, # 3 Text of Proposed Order)(Hensley, Robert) (Entered: 07/18/2019)
2019-07-18		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 MOTION for Robert G. Hensley, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17269970. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 07/18/2019)
2019-07-18	28	ORDER FOR ADMISSION PRO HAC VICE: granting 27 Motion for Robert G. Hensley, Jr. to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 7/18/2019) (ama) (Entered: 07/18/2019)
2019-07-25		Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 7/25/2019. (ade) (Entered: 07/31/2019)
2019-08-12	29	ANSWER to 22 Amended Complaint,. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 08/12/2019)
2019-09-05	30	JOINT LETTER addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 9/5/2019 re: Status Update. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 09/05/2019)
2019-10-11	31	JOINT LETTER addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 10/11/2019 re: status update. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 10/11/2019)
2019-10-15	32	MEMO ENDORSEMENT: on re: 31 Letter filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. ENDORSEMENT: Application Granted. (Signed by Judge Naomi Reice Buchwald on 10/15/2019) (ama) (Entered: 10/15/2019)
2019-10-25	33	JOINT LETTER addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 10/25/2019 re: status update and proposed briefing schedule. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 10/25/2019)
2019-10-29	34	MEMO ENDORSEMENT: on re: 33 Letter filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. ENDORSEMENT: SO ORDERED., ( Cross Motions due by 2/18/2020., Motions due by 1/16/2020., Responses due by 2/18/2020, Replies due by 3/16/2020.) (Signed by Judge Naomi Reice Buchwald on 10/29/2019) (ama) (Entered: 10/29/2019)
2020-01-13	35	LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 1/13/2020. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture.(Teleanu, Natasha) (Entered: 01/13/2020)
2020-01-16	36	LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Erin M. Estevez dated January 16, 2020 re: 35 LETTER MOTION for Extension of Time addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 1/13/2020. . Document filed by American Society for the Prevention of Cruelty to Animals. (Estevez, Erin) (Entered: 01/16/2020)
2020-01-16	37	ORDER: granting 35 Letter Motion for Extension of Time. The Court has reviewed the parties' letters dated January 13 and 16, 2020. Defendants' request for a stay until March 2, 2020 is granted. On that date, the parties shall apprise the Court of the remaining disputes between them, and, should any disputes remain, submit a revised proposed briefing schedule. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 35. (Signed by Judge Naomi Reice Buchwald on 1/16/2020) (ama) (Entered: 01/16/2020)
2020-01-16		Case Stayed (ama) (Entered: 01/16/2020)
2020-03-02	38	LETTER addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 3/2/2020 re: status update and proposed scheduling order. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 03/02/2020)
2020-03-03	39	MEMO ENDORSEMENT on re: 38 Letter, filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. ENDORSEMENT: SO ORDERED. (Motions due by 4/20/2020., Responses due by 6/5/2020, Replies due by 6/19/2020.) (Signed by Judge Naomi Reice Buchwald on 3/2/2020) (jca) (Entered: 03/03/2020)
2020-03-03		Set/Reset Deadlines: Cross Motions due by 5/18/2020. (jca) (Entered: 03/04/2020)
2020-04-16	40	LETTER MOTION for Leave to File Excess Pages addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 4/16/2020. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 04/16/2020)
2020-04-16	41	ORDER granting 40 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/16/2020) (cf) (Entered: 04/16/2020)
2020-04-20	42	MOTION for Summary Judgment and Partial Judgment on the Pleadings . Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 04/20/2020)
2020-04-20	43	MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings . . Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 04/20/2020)
2020-04-20	44	DECLARATION of Tonya G. Woods in Support re: 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings .. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47).(Teleanu, Natasha) (Entered: 04/20/2020)
2020-04-20	45	DECLARATION of Tonya G. Woods, Regarding Plaintiff's Policy and Practice Allegations in Support re: 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings .. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 04/20/2020)
2020-04-20	46	LETTER addressed to Judge Naomi Reice Buchwald from Natasha W. Teleanu dated 4/20/2020 re: outline of arguments in Defendants' motion for summary judgment and partial motion for judgment on the pleadings. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 04/20/2020)
2020-05-14	47	LETTER MOTION for Leave to File Excess Pages addressed to Judge Naomi Reice Buchwald from Erin M. Estevez dated May 14, 2020. Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 05/14/2020)
2020-05-15	48	ORDER: granting 47 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/15/2020) (ama) (Entered: 05/15/2020)
2020-05-18	49	CROSS MOTION for Summary Judgment . Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 05/18/2020)
2020-05-18	50	MEMORANDUM OF LAW in Opposition re: 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings . and in Support of Plaintiff's Cross-Motion for Summary Judgment 49 . Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 05/18/2020)
2020-05-18	51	DECLARATION of Robert G. Hensley, Jr. in Support re: 49 CROSS MOTION for Summary Judgment .. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Exhibit 1 - Response to ASPCAs FOIA request, # 2 Exhibit 2 - USDA, Chief Freedom of Information Act Officer Report, # 3 Exhibit 3 - Memorandum, # 4 Exhibit 4 - Memorandum, # 5 Exhibit 5 - Updates to APHIS Website, # 6 Exhibit 6 - USDAs Report on the FOIA Request, # 7 Exhibit 7 - USDA, Chief Freedom of Information Act Officer Report, # 8 Exhibit 8 - Letter, # 9 Exhibit 9 - USDA Freedom of Information Act Annual Report, # 10 Exhibit 10 - USDA Freedom of Information Act Annual Report, # 11 Exhibit 11 - Letter, # 12 Exhibit 12 - Email, # 13 Exhibit 13 - Email, # 14 Exhibit 14 - Redacted Photo, # 15 Exhibit 15 - Applications for Licenses, # 16 Exhibit 16 - Applications for Licenses, # 17 Exhibit 17 - Email, # 18 Exhibit 18 - Letter, # 19 Exhibit 19 - Email Chain, # 20 Exhibit 20 - Email Chain, # 21 Exhibit 21 - Email, # 22 Exhibit 22 - Email Chain, # 23 Exhibit 23 - Email Chain, # 24 Exhibit 24 - Email Chain, # 25 Exhibit 25 - Redacted Attachments to Email, # 26 Exhibit 26 - Inspection Report, # 27 Exhibit 27 - Webpage & Search-generator, # 28 Exhibit 28 - USDA, Chief Freedom of Information Act Officer Report, # 29 Exhibit 29 - USDA, Freedom of Information Act Annual Report, # 30 Exhibit 30 - USDA, Freedom of Information Act Annual Report, # 31 Exhibit 31 - Letter, # 32 Exhibit 32 - Letter, # 33 Exhibit 33 - Letter, # 34 Exhibit 34 - Letter, # 35 Exhibit 35 - Email Chain, # 36 Exhibit 36 - Email Chain, # 37 Exhibit 37 - Email, # 38 Exhibit 38 - Email, # 39 Exhibit 39 - Email Chain).(Estevez, Erin) (Entered: 05/18/2020)
2020-05-18	52	RULE 56.1 STATEMENT. Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 05/18/2020)
2020-05-18	53	LETTER addressed to Judge Naomi Reice Buchwald from Erin M. Estevez dated May 18, 2020 re: Outline of Arguments Contained in Plaintiff's Cross-Motion for Summary Judgment. Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 05/18/2020)
2020-06-05	54	REPLY MEMORANDUM OF LAW in Opposition re: 49 CROSS MOTION for Summary Judgment . . Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 06/05/2020)
2020-06-05	55	DECLARATION of Tonya G. Woods in Support re: 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings .. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 06/05/2020)
2020-06-05	56	COUNTER STATEMENT TO 52 Rule 56.1 Statement. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture..(Teleanu, Natasha) (Entered: 06/05/2020)
2020-06-17	57	LETTER MOTION for Leave to File Excess Pages addressed to Judge Naomi Reice Buchwald from Erin M. Estevez dated June 17, 2020. Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 06/17/2020)
2020-06-18	58	ORDER granting 57 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/18/2020) (rro) (Entered: 06/18/2020)
2020-06-19	59	REPLY MEMORANDUM OF LAW in Support re: 49 CROSS MOTION for Summary Judgment . . Document filed by American Society for the Prevention of Cruelty to Animals..(Estevez, Erin) (Entered: 06/19/2020)
2020-09-02	60	ORDER: The Court has determined that an ex parte, in camera inspection of unredacted copies of the records plaintiff challenges based on defendants' assertion of FOIA Exemption 5 will assist the Court's evaluation of the parties' cross-motions for summary judgment. See 5 U.S.C. § 552(a)(4)(B). Defendants shall file these unredacted records under seal and simultaneously mail two copies of the unredacted records to chambers. With respect to the records sent to chambers, defendants shall draw boxes with red outlines around the portions redacted pursuant to Exemption 5. (Signed by Judge Naomi Reice Buchwald on 9/2/2020) (tro) (Entered: 09/02/2020)
2020-09-08	61	***EX-PARTE***DECLARATION of Natasha W. Teleanu in Support re: 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings .. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Motion or Order to File Under Seal: 60 .(Teleanu, Natasha) (Entered: 09/08/2020)
2021-03-25	62	MEMORANDUM AND ORDER: re: 49 CROSS MOTION for Summary Judgment filed by American Society for the Prevention of Cruelty to Animals, 42 MOTION for Summary Judgment and Partial Judgment on the Pleadings filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. For the foregoing reasons, the Court grants in part and denies in part the Agencies' motion for summary judgment, grants in part and denies in part the ASPCA's motion for summary judgment, and grants the Agencies motion for judgment on the pleadings. The Court denies as moot the parties' cross-motions for summary judgment on the ASPCA's policy and practice claim. The parties are directed to confer and submit a proposed order consistent with this Opinion within 21 days. The Clerk of Court is respectfully directed to terminate the motions currently pending at ECF Nos. 42 and 49. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/25/2021) (ama) (Entered: 03/25/2021)
2021-04-15	63	PROPOSED ORDER. Document filed by The Animal and Plant Health Inspection Service, The United States Department of Agriculture. Related Document Number: [62 Memorandum and Order]..(Teleanu, Natasha) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 04/15/2021)
2021-04-15		***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 63 Proposed Order was reviewed and approved as to form. (km) (Entered: 04/15/2021)
2021-04-16	64	ORDER: NOW, THEREFORE, it is hereby ORDERED that if no notice of appeal is filed within 60 days of the date of this Order, the agencies shall produce the Records within 65 days of the date of this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/16/2021) (mml) (Entered: 04/16/2021)
2021-04-27	65	JOINT LETTER MOTION for Extension of Time to File Motion for Fee Recovery addressed to Judge Naomi Reice Buchwald from Robert Hensley dated April 28, 2021. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Text of Proposed Order).(Hensley, Robert) (Entered: 04/27/2021)
2021-04-28	66	STIPULATION AND ORDER REGARDING DEADLINE TO FILE MOTION TO FEE RECOVERY: NOW, THEREFORE, the parties propose the following briefing schedule: 1. In the event that no Party files a notice of appeal, Plaintiff's deadline to file a motion for attorneys' fees and costs is 30 days following the deadline for filing a notice of appeal, or 2. In the event that any Party files an appeal, Plaintiff's deadline to file a motion for attorneys' fees and costs is 30 days following final disposition of this case following appeal. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/28/2021) (va) (Entered: 04/28/2021)
2021-06-15	67	NOTICE OF APPEAL from 64 Order,. Document filed by American Society for the Prevention of Cruelty to Animals. Filing fee $ 505.00, receipt number ANYSDC-24676991. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Estevez, Erin) (Entered: 06/15/2021)
2021-06-15		Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 67 Notice of Appeal. (tp) (Entered: 06/15/2021)
2021-06-15		Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 67 Notice of Appeal, filed by American Society for the Prevention of Cruelty to Animals were transmitted to the U.S. Court of Appeals. (tp) (Entered: 06/15/2021)
2023-04-10	68	MANDATE of USCA (Certified Copy) as to 67 Notice of Appeal, filed by American Society for the Prevention of Cruelty to Animals. USCA Case Number 21-1489. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/10/2023. (Attachments: # 1 Opinion, # 2 Concurring Opinion).(nd) (Entered: 04/10/2023)
2023-04-10		Transmission of USCA Mandate to the District Judge re: 68 USCA Mandate..(nd) (Entered: 04/10/2023)
2023-05-05	69	LETTER MOTION for Extension of Time for Plaintiff to file its motion for attorneys' fees and costs addressed to Judge Naomi Reice Buchwald from Bonnie Weiss McLeod dated May 5, 2023. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Text of Proposed Order Stipulation and [Proposed] Order regarding deadline to file motion for fee recovery).(McLeod, Bonnie) (Entered: 05/05/2023)
2023-05-08	70	STIPULATION AND ORDER REGARDING DEADLINE TO FILE MOTION FOR FEE RECOVERY: NOW, THEREFORE, the parties propose a 30-day extension for Plaintiff to file a motion for attorneys' fees and costs, such that Plaintiff's deadline to file such a motion is now June 9, 2023. SO ORDERED. ( Motions due by 6/9/2023.) (Signed by Judge Naomi Reice Buchwald on 5/8/2023) (ate) (Entered: 05/08/2023)
2023-06-06	71	SECOND LETTER MOTION for Extension of Time to File motion for attorneys' fees and costs addressed to Judge Naomi Reice Buchwald from Bonnie Weiss McLeod dated June 6, 2023. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Text of Proposed Order Stipulation and [Proposed] Order regarding deadline to file motion for fee recovery).(McLeod, Bonnie) (Entered: 06/06/2023)
2023-06-06	72	PROPOSED PROTECTIVE ORDER. Document filed by American Society for the Prevention of Cruelty to Animals..(McLeod, Bonnie) (Entered: 06/06/2023)
2023-06-07	73	STIPULATION AND ORDER REGARDING DEADLINE TO FILE MOTION FOR FEE RECOVERY NOW, THEREFORE, the parties propose a 21-day extension for Plaintiff to file a motion for attorneys' fees and costs, such that Plaintiff's deadline to file such a motion is now June 30, 2023. SO ORDERED. (Motions due by 6/30/2023.) (Signed by Judge Naomi Reice Buchwald on 6/7/2023) (jca) (Entered: 06/07/2023)
2023-06-07	74	STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/7/2023) (jca) (Entered: 06/07/2023)
2023-06-29	75	FOURTH LETTER MOTION for Extension of Time to File motion for attorneys' fees and costs addressed to Judge Naomi Reice Buchwald from Bonnie Weiss McLeod dated June 29, 2023. Document filed by American Society for the Prevention of Cruelty to Animals. (Attachments: # 1 Text of Proposed Order Stipulation And [Proposed] Order Regarding Deadline to File Motion for Fee Recovery).(McLeod, Bonnie) (Entered: 06/29/2023)
2023-06-30	76	STIPULATION AND ORDER REGARDING DEADLINE TO FILE MOTION FOR FEE RECOVERY: NOW, THEREFORE, the parties propose a 14-day extension for Plaintiff to file any motion for attorneys' fees and costs, such that Plaintiff's deadline to file such a motion is nowJuly 14, 2023. SO ORDERED. (Motions due by 7/14/2023.) (Signed by Judge Naomi Reice Buchwald on 6/30/2023) (mml) (Entered: 06/30/2023)
2023-07-14	77	PROPOSED STIPULATION AND ORDER. Document filed by American Society for the Prevention of Cruelty to Animals..(McLeod, Bonnie) (Entered: 07/14/2023)
2023-07-17	78	STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and the Government, and subject to endorsement by the Court, that: 1. As soon as practicable after the Court has approved and docketed this Stipulation as an Order of the Court, the Government shall pay Plaintiff $65,000 in settlement of Plaintiff's claims for fees and costs in this matter. This sum shall be the full and final satisfaction of Plaintiff's rights and claims in this case and is inclusive of any interest. The Government shall have no liability for any further amounts or relief. 2. Plaintiff agrees to provide the necessary information to permit payment of the above amount by electronic funds transfer. 3. Any obligation of the United States to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the United States to obligate or pay funds in contravention of the Anti-Deficiency Act, as further set forth. 10. This Stipulation shall be effective only upon entry as a Court order retaining jurisdiction to enforce the terms herein and dismissing all claims in this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). In the event the Court declines to approve this Stipulation, it shall have no force or effect. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/17/2023) (mml) Transmission to Finance Unit (Cashiers) for processing. (Entered: 07/17/2023)
2023-07-17		Case Stay Lifted. (mml) (Entered: 07/18/2023)
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