Case Detail

FOIA Project Annotation: Judge Dabney Friedrich has ruled that the Department of Agriculture failed to show that records concerning H-2A visas for farmworkers were protected by Exemption 4 (commercial and confidential) or that either the deliberative process privilege or the attorney-client privileges covers the exemption claims that the agency made under Exemption 5 (privileges). The records were requested by Farmworker Justice. By the time Friedrich ruled, the only Exemption 4 claim remaining was whether an email from the CEO of McCorkle Nurseries to the agency could be withheld under Exemption 4. Friedrich noted that under the Supreme Court's decision in Food Marketing Institute v. Argus Leader Media, 139 S. Ct 2356 (2019), to fall within Exemption 4's coverage records needed to be commercial and customarily treated as confidential. Applying those standards to the email, Friedrich pointed out that "it is undisputed that McCorkle shared the same information he sent to the Department with the paid members of the Georgia Farm Bureau, which includes a membership of approximately 265,000 families. Having shared the information at issue with more than a quarter of a million people, McCorkle cannot be said to have 'closely held' it, and the contents were not 'secret' or 'private.' The information in the email was not 'known only to a limited few,' and it was 'publicly disseminated.' Because the first condition the Supreme Court established in Argus Leader cannot be met, the information is not confidential under Exemption 4. Any disputes related to the second Argus Leader condition â€" for example, whether McCorkle properly assumed the Department would not disclose the information he provided â€" are immaterial, as the Supreme Court made clear that the first condition must be met for a record to be considered confidential." Turning to the Exemption 5 claims, Friedrich indicated that the agency had failed to justify its claims under the deliberative process privilege and the attorney-client privilege, as well as the foreseeable harm standard. On foreseeable harm, Friedrich noted that "courts in this district frequently reject generalized explanations of harm removed from the specific information at issue. The Court will do the same here."
Issues: Exemption 4 - Confidential business information, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2019-06-28	1	COMPLAINT against U.S. DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-6222317) filed by FARMWORKER JUSTICE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (U.S. Attorney), # 3 Summons (Attorney General), # 4 Summons (Agency))(Llewellyn, Patrick) (Attachment 1 replaced on 7/2/2019) (zeg). (Entered: 06/28/2019)
2019-06-28	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FARMWORKER JUSTICE (Llewellyn, Patrick) (Entered: 06/28/2019)
2019-07-01	3	NOTICE of Appearance by Michael T. Kirkpatrick on behalf of FARMWORKER JUSTICE (Kirkpatrick, Michael) (Entered: 07/01/2019)
2019-07-02		Case Assigned to Judge Dabney L. Friedrich. (zeg) (Entered: 07/02/2019)
2019-07-02	4	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/02/2019)
2019-07-02	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/1/2019. (Llewellyn, Patrick) (Entered: 07/02/2019)
2019-07-11	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 8, 2019. (Llewellyn, Patrick) (Entered: 07/11/2019)
2019-08-01	7	ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE.(Truong, John) (Entered: 08/01/2019)
2019-08-05		MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before August 26, 2019. Signed by Judge Dabney L. Friedrich on August 5, 2019. (lcdlf1) (Entered: 08/05/2019)
2019-08-05		Set/Reset Deadlines: Joint Status Report due by 8/26/2019. (zcal) (Entered: 08/05/2019)
2019-08-26	8	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 08/26/2019)
2019-08-27		MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before October 9, 2019 that addresses the status of the case and, if necessary, proposes a schedule for further proceedings. So Ordered by Judge Dabney L. Friedrich on August 26, 2019. (lcdlf3) (Entered: 08/27/2019)
2019-10-09	9	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Truong, John) (Entered: 10/09/2019)
2019-10-10		MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before November 19, 2019. So Ordered by Judge Dabney L. Friedrich on October 10, 2019. (lcdlf3) (Entered: 10/10/2019)
2019-11-20	10	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 11/20/2019)
2019-11-20		MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before December 19, 2019. So Ordered by Judge Dabney L. Friedrich on November 20, 2019. (lcdlf3) (Entered: 11/20/2019)
2019-12-19	11	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 12/19/2019)
2019-12-20		MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before February 25, 2020. So Ordered by Judge Dabney L. Friedrich on December 20, 2019. (lcdlf3) (Entered: 12/20/2019)
2020-02-25	12	Joint STATUS REPORT by FARMWORKER JUSTICE. (Llewellyn, Patrick) (Entered: 02/25/2020)
2020-02-27		MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before April 10, 2020. So Ordered by Judge Dabney L. Friedrich on February 27, 2020. (lcdlf3) (Entered: 02/27/2020)
2020-04-02	13	NOTICE OF WITHDRAWAL OF APPEARANCE as to FARMWORKER JUSTICE. Attorney Patrick D. Llewellyn terminated. (Llewellyn, Patrick) (Entered: 04/02/2020)
2020-04-10	14	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 04/10/2020)
2020-04-15		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall submit another joint status report on or before May 28, 2020. So Ordered by Judge Dabney L. Friedrich on April 15, 2020. (lcdlf3) (Entered: 04/15/2020)
2020-05-28	15	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 05/28/2020)
2020-05-29		MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendant shall file a motion for summary judgment on or before July 27, 2020; the plaintiff shall file an opposition and cross-motion for summary judgment on or before August 27, 2020; the defendant shall file a reply and an oppsition to the plaintiff's cross-motion on or before September 28, 2020; and the plaintiff shall file a reply on or before October 13, 2020. So Ordered by Judge Dabney L. Friedrich on May 29, 2020. (lcdlf3) (Entered: 05/29/2020)
2020-07-22	16	Unopposed MOTION to Modify May 29, 2020 Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE (Truong, John) (Entered: 07/22/2020)
2020-07-23		MINUTE ORDER granting the defendant's 16 Unopposed Motion to Modify. Accordingly, the following schedule shall govern further proceedings: the defendant shall file a motion for summary judgment on or before August 12, 2020; the plaintiff shall file an opposition and cross-motion for summary judgment on or before September 14, 2020; the defendant shall file a reply and an oppsition to the plaintiff's cross-motion on or before October 14, 2020; and the plaintiff shall file a reply on or before October 29, 2020. So Ordered by Judge Dabney L. Friedrich on July 23, 2020. (lcdlf3) (Entered: 07/23/2020)
2020-08-12	17	MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Alexis Graves, # 4 Attachment C (Vaughn Index), # 5 Declaration of Donald E. "Skeetter" McCorkle, Jr.)(Truong, John) (Additional attachment(s) added on 8/14/2020: # 6 Exhibit) (zeg). (Entered: 08/12/2020)
2020-09-14	18	Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Facts by FARMWORKER JUSTICE (Attachments: # 1 Declaration of Michael T. Kirkpatrick with Exhibits 1-3, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 09/14/2020)
2020-09-14	19	Memorandum in opposition to re 17 MOTION for Summary Judgment with Response to Defendant's Statement of Facts and Cross-Statement of Facts filed by FARMWORKER JUSTICE. (Attachments: # 1 Declaration of Michael T. Kirkpatrick with Exhibits 1-3, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 09/14/2020)
2020-09-21	20	NOTICE of Appearance by Allison Marcy Zieve on behalf of FARMWORKER JUSTICE (Zieve, Allison) (Entered: 09/21/2020)
2020-10-12	21	Consent MOTION to Modify July 23, 2020 Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE (Truong, John) (Entered: 10/12/2020)
2020-10-12		MINUTE ORDER granting the defendant's 21 Consent Motion to Modify the Briefing Schedule. Accordingly, the following schedule shall govern further proceedings: the defendant shall file its reply and opposition to plaintiff's cross-motion for summary judgment on or before October 21, 2020; plaintiff shall file its reply on or before November 9, 2020. So ordered by Judge Dabney L. Friedrich on October 12, 2020. (lcdlf3) (Entered: 10/12/2020)
2020-10-20	22	Consent MOTION to Modify Scheduling Order by U.S. DEPARTMENT OF AGRICULTURE (Truong, John) (Entered: 10/20/2020)
2020-10-21		MINUTE ORDER granting the defendant's 22 Consent Motion to Modify the Briefing Schedule. Accordingly, the defendant shall file its reply and opposition to plaintiffs cross-motion for summary judgment on or before October 28, 2020; plaintiff shall file any reply on or before November 16, 2020. So ordered by Judge Dabney L. Friedrich on October 21, 2020. (lcdlf3) (Entered: 10/21/2020)
2020-10-28	23	REPLY to opposition to motion re 17 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Joseph L. Parsons)(Truong, John) (Entered: 10/28/2020)
2020-10-28	24	Memorandum in opposition to re 18 Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Facts (See ECF No. 23 for attachments) filed by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 10/28/2020)
2020-11-16	25	REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Facts filed by FARMWORKER JUSTICE. (Kirkpatrick, Michael) (Entered: 11/16/2020)
2021-03-04	26	ORDER denying the defendant's 17 Motion for Summary Judgment and granting in part and denying in part the plaintiff's 18 Cross Motion for Summary Judgment. The parties are directed to file a proposed schedule for further proceedings on or before March 12, 2021. See text for details. Signed by Judge Dabney L. Friedrich on March 4, 2021. (lcdlf3) (Entered: 03/04/2021)
2021-03-04	27	MEMORANDUM OPINION regarding the Cross Motions for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on March 4, 2021. (lcdlf3) (Entered: 03/04/2021)
2021-03-12	28	Joint PROPOSED BRIEFING SCHEDULE by U.S. DEPARTMENT OF AGRICULTURE (Truong, John) Modified event title on 3/15/2021 (znmw). (Entered: 03/12/2021)
2021-03-15		VACATED PURSUANT TO ORDER FILED 4/19/2021.....MINUTE ORDER. Upon consideration of the parties' 28 Joint Notice of Proposed Briefing Schedule, it is ORDERED that the following schedule shall govern further proceedings: the defendant's Motion for Summary Judgment shall be due on or before April 19, 2021; the plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due on or before May 19, 2021; the defendant's Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be due on or before June 18, 2021; and the plaintiff's Reply shall be due on or before July 2, 2021. So ordered by Judge Dabney L. Friedrich on March 15, 2021. (lcdlf3) (lcao) Modified on 4/19/2021 to vacate order (zjch). (Entered: 03/15/2021)
2021-03-15		Set/Reset Deadlines: Cross Motions due by 5/19/2021. Response to Cross Motions due by 6/18/2021. Reply to Cross Motions due by 7/2/2021. Summary Judgment motions due by 4/19/2021. Response to Motion for Summary Judgment due by 5/19/2021. Reply to Motion for Summary Judgment due by 6/18/2021. (zjch, ) (Entered: 03/15/2021)
2021-04-19	29	Unopposed MOTION to Vacate March 15, 2021 Briefing Schedule by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 04/19/2021)
2021-04-19	30	Unopposed MOTION for Order Setting June 1, 2021 Deadline for Joint Status Report by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 04/19/2021)
2021-04-19		MINUTE ORDER granting the defendant's 29 30 Unopposed Motion to Vacate Briefing Schedule and Set Status Report Deadline. Accordingly, the Court's March 15, 2021 briefing schedule is VACATED. It is further ORDERED that the parties shall submit a joint status report on or before June 1, 2021. So ordered by Judge Dabney L. Friedrich on April 19, 2021. (lcdlf3) (Entered: 04/19/2021)
2021-06-01	31	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 06/01/2021)
2021-06-02		MINUTE ORDER. Upon consideration of the parties' joint status report, the parties are directed to file another joint status report on or before July 9, 2021. So ordered by Judge Dabney L. Friedrich on June 2, 2021. (lcdlf3) (Entered: 06/02/2021)
2021-06-02		Set/Reset Deadlines: Status Report due by 7/9/2021 (zjch) (Entered: 06/02/2021)
2021-07-08	32	Joint STATUS REPORT by FARMWORKER JUSTICE. (Kirkpatrick, Michael) (Entered: 07/08/2021)
2021-07-08		MINUTE ORDER. Upon consideration of the parties' joint status report, the parties are directed to file another joint status report on or before August 6, 2021. So Ordered by Judge Dabney L. Friedrich on July 8, 2021. (lcdlf3) (Entered: 07/08/2021)
2021-07-08		Set/Reset Deadlines: Status Report due by 8/6/2021 (zjch) (Entered: 07/09/2021)
2021-08-06	33	Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 08/06/2021)
2021-08-06		MINUTE ORDER. Upon consideration of the parties' joint status report, the parties are directed to file another joint status report on or before September 3, 2021. So Ordered by Judge Dabney L. Friedrich on August 6, 2021. (lcdlf3) (Entered: 08/06/2021)
2021-08-06		Set/Reset Deadlines: Status Report due by 9/3/2021 (zjch) (Entered: 08/09/2021)
2021-09-03	34	NOTICE of Settlement in Principle by U.S. DEPARTMENT OF AGRICULTURE (Truong, John) (Entered: 09/03/2021)
2021-09-06		MINUTE ORDER. Upon consideration of the parties' 34 Joint Notice of Settlement in Principle, the parties are directed to file a joint status report on or before September 18, 2021, if a joint stipulation of dismissal is not filed before then. So Ordered by Judge Dabney L. Friedrich on September 6, 2021. (lcdlf3) (Entered: 09/06/2021)
2021-09-07	35	STIPULATION of Dismissal by U.S. DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 09/07/2021)
2021-09-08		MINUTE ORDER. Pursuant to the parties' 35 Stipulation of Dismissal, it is hereby ORDERED that the case be DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. So Ordered by Judge Dabney L. Friedrich on September 8, 2021. (lcdlf3) (Entered: 09/08/2021)
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