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Case TitleFARM LABOR ORGANIZING COMMITTEE v. U.S. DEPARTMENT OF LABOR
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00645
Date Filed2020-03-05
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffFARM LABOR ORGANIZING COMMITTEE
Case DescriptionThe Farm Labor Organizing Committee submitted a FOIA request to the Department of Labor for records concerning the results of agency investigations in which farmers were found to have improperly sold tobacco. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (confidential business information). The Committee filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the Committee filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF LABOR
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-051COMPLAINT against FARM LABOR ORGANIZING COMMITTEE ( Filing fee $ 400 receipt number ADCDC-6891464) filed by FARM LABOR ORGANIZING COMMITTEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to United States Attorney, # 3 Summons to Attorney General, # 4 Summons to U.S. Department of Labor)(Kirkpatrick, Michael) (Entered: 03/05/2020)
2020-03-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FARM LABOR ORGANIZING COMMITTEE (Kirkpatrick, Michael) (Entered: 03/05/2020)
2020-03-05Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 03/05/2020)
2020-03-053SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF LABOR, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/05/2020)
2020-03-094RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/5/2020. Answer due for ALL FEDERAL DEFENDANTS by 4/4/2020. (Kirkpatrick, Michael) (Entered: 03/09/2020)
2020-03-195GENERAL ORDER AND GUIDELINES APPLICABLE TO FOIA CASES ASSIGNED TO JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Court's instructions for processing and production of records, batching motions, and filing exhibits. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 3/19/2020. (jag) (Entered: 03/19/2020)
2020-04-016NOTICE of Appearance by Derek S. Hammond on behalf of U.S. DEPARTMENT OF LABOR (Hammond, Derek) (Entered: 04/01/2020)
2020-04-017NOTICE Regarding Intent to File Answer by U.S. DEPARTMENT OF LABOR (Hammond, Derek) (Entered: 04/01/2020)
2020-04-068ANSWER to Complaint by U.S. DEPARTMENT OF LABOR.(Hammond, Derek) (Entered: 04/06/2020)
2020-04-20MINUTE ORDER: Due to the COVID-19 pandemic, Chief Judge Beryl Howell has now issued two Standing Orders presumptively postponing all proceedings in the district court until after June 1, 2020. See In re: Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic, Standing Order 20-19 (D.D.C.); In re: Court Operations in Exigent Circumstances created by the Covid-19 Pandemic, Standing Order No. 20-9 (D.D.C). In light of the ongoing pandemic, and the associated difficulties that it is causing in workplaces, this Court is extending the standard period of time that it affords parties to submit proposed schedules for briefing or disclosure in FOIA cases following submission of an answer. Accordingly, it is hereby ORDERED that, on or before 5/15/2020, the parties shall confer and submit a proposed schedule for further proceedings. This Court will freely grant extensions of this deadline should the need arise. Signed by Judge Ketanji Brown Jackson on 4/20/2020. (jag) Modified on 4/21/2020 (zgdf). (Entered: 04/20/2020)
2020-05-149Joint STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by FARM LABOR ORGANIZING COMMITTEE. (Kirkpatrick, Michael) (Entered: 05/14/2020)
2020-06-10VACATED PURSUANT TO THE MINUTE ORDER ENTERED ON 6/29/2020.....MINUTE ORDER setting briefing schedule for summary judgment: Defendant's Motion for Summary Judgment shall be served on or before 6/26/2020; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 7/27/2020; Defendant's Reply and Cross-Motion Opposition shall be served on or before 8/26/2020; Plaintiff's Cross-Motion Reply shall be served on or before 9/25/2020; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 10/30/2020. Signed by Judge Ketanji Brown Jackson on 6/10/2020. (jag) Modified on 6/30/2020 (zgdf). (Entered: 06/10/2020)
2020-06-2510Unopposed MOTION to Vacate Briefing Schedule by U.S. DEPARTMENT OF LABOR (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 06/25/2020)
2020-06-29MINUTE ORDER granting 10 Unopposed Motion to Vacate Briefing Schedule. It is hereby ORDERED that the briefing previously set in this matter is VACATED, and that on or before 7/16/2020, the parties shall file a proposed schedule for disclosure. Signed by Judge Ketanji Brown Jackson on 6/29/2020. (jag) (Entered: 06/29/2020)
2020-07-1611Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Hammond, Derek) (Entered: 07/16/2020)
2020-07-16MINUTE ORDER. In light of the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 9/17/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 7/16/2020. (jag) (Entered: 07/16/2020)
2020-09-1712Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Hammond, Derek) (Entered: 09/17/2020)
2020-09-18MINUTE ORDER. In light of the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 11/17/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 9/18/2020. (jag) (Entered: 09/18/2020)
2020-11-1713Joint STATUS REPORT by U.S. DEPARTMENT OF LABOR. (Hammond, Derek) (Entered: 11/17/2020)
2020-11-20MINUTE ORDER. In light of the representations in the parties' 13 Joint Status Report, it is hereby ORDERED that, on or before 12/17/2020, the parties shall file a further joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 11/20/2020. (jag) (Entered: 11/20/2020)
2020-12-1714Joint STATUS REPORT and Proposed Briefing Schedule by U.S. DEPARTMENT OF LABOR. (Hammond, Derek) (Entered: 12/17/2020)
2021-01-21MINUTE ORDER adopting the parties' 14 proposed briefing schedule. It is hereby ORDERED that the following deadlines are set in this matter: Defendant's Motion for Summary Judgment shall be served on or before 3/1/2021; Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be served on or before 4/1/2021; Defendant's Reply and Cross-Motion Opposition shall be served on or before 5/3/2021; Plaintiff's Cross-Motion Reply shall be served on or before 6/1/2021; briefs shall be filed as a batch within three (3) business days of the service of the last reply brief authorized by this Minute Order, but in any event no later than the Final Filing Deadline of 7/9/2021. Signed by Judge Ketanji Brown Jackson on 1/21/2021. (jag ) (Entered: 01/21/2021)
2021-03-0815NOTICE of Service of Defendant's Motion for Summary Judgment by U.S. DEPARTMENT OF LABOR (Attachments: # 1 Exhibit A)(Hammond, Derek) (Entered: 03/08/2021)
2021-03-1116NOTICE of Appearance by Wendy Liu on behalf of FARM LABOR ORGANIZING COMMITTEE (Liu, Wendy) (Entered: 03/11/2021)
2021-04-0617NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of U.S. DEPARTMENT OF LABOR Substituting for attorney Derek Hammond (DeGenaro, Stephen) (Entered: 04/06/2021)
2021-04-0818NOTICE of Service of Plaintiff's Cross-Motion for Summary Judgment by FARM LABOR ORGANIZING COMMITTEE (Attachments: # 1 Cross-Motion for Summary Judgment, Memorandum of Law, Response and Cross-Statement of Material Fact, # 2 Declaration of Justin Flores and Exhibits, # 3 Declaration of Michael T. Kirkpatrick, # 4 Declaration of Wendy Liu and Exhibits 1-2 & 3 (part 1), # 5 Exhibit 3 (part 2) of Declaration of Wendy Liu, # 6 Exhibit 3 (part 3) of Declaration of Wendy Liu, # 7 Exhibit 3 (part 4) of Declaration of Wendy Liu, # 8 Text of Proposed Order)(Liu, Wendy) (Attachment 2 replaced on 4/9/2021) (rj). Modified on 4/9/2021 to flatten pdf (rj). (Entered: 04/08/2021)
2021-05-0219NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of U.S. DEPARTMENT OF LABOR Substituting for attorney Stephen DeGenaro (Johnson, Stephanie) (Entered: 05/02/2021)
2021-05-2420NOTICE OF SERVICE OF DEFENDANTS REPLY IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT by U.S. DEPARTMENT OF LABOR (Attachments: # 1 Exhibit Declarations, # 2 Exhibit Declaration Preston Wigner)(Johnson, Stephanie) (Entered: 05/24/2021)
2021-06-2121NOTICE of Service of Plaintiff's Reply Memorandum in Further Support of Plaintiff's Cross-Motion for Summary Judgment by FARM LABOR ORGANIZING COMMITTEE (Attachments: # 1 Reply Memorandum of Law)(Liu, Wendy) (Entered: 06/21/2021)
2021-06-2122MOTION for Summary Judgment by U.S. DEPARTMENT OF LABOR. (Johnson, Stephanie) (Entered: 06/21/2021)
2021-06-2123Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Undisputed Material Facts by FARM LABOR ORGANIZING COMMITTEE. (Attachments: # 1 Declaration of Justin Flores and Exhibits, # 2 Declaration of Michael T. Kirkpatrick, # 3 Declaration of Wendy Liu and Exhibits 1-2 & 3 (part 1), # 4 Exhibit 3 (part 2) of Declaration of Wendy Liu, # 5 Exhibit 3 (part 3) of Declaration of Wendy Liu, # 6 Exhibit 3 (part 4) of Declaration of Wendy Liu, # 7 Text of Proposed Order)(Liu, Wendy) (Attachment 1 replaced on 6/22/2021) (rj). Modified on 6/22/2021 to flatten pdf (rj). (Entered: 06/21/2021)
2021-06-2124Memorandum in opposition to re 22 MOTION for Summary Judgment with Response to Defendant's Statement of Facts and Cross-Statement of Undisputed Material Facts filed by FARM LABOR ORGANIZING COMMITTEE. (Attachments: # 1 Declaration of Justin Flores and Exhibits, # 2 Declaration of Michael T. Kirkpatrick, # 3 Declaration of Wendy Liu and Exhibits 1-2 & 3 (part 1), # 4 Exhibit 3 (part 2) of Declaration of Wendy Liu, # 5 Exhibit 3 (part 3) of Declaration of Wendy Liu, # 6 Exhibit 3 (part 4) of Declaration of Wendy Liu, # 7 Text of Proposed Order)(Liu, Wendy) (Attachment 1 replaced on 6/22/2021) (rj). Modified on 6/22/2021 to flatten pdf(rj). (Entered: 06/21/2021)
2021-06-2125Memorandum in opposition to re 23 Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Undisputed Material Facts filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Exhibit Ex. A, Declarations, # 2 Exhibit Ex. B, Declaration of Preston D. Wigner)(Johnson, Stephanie) (Entered: 06/21/2021)
2021-06-2126REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Undisputed Material Facts , 22 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF LABOR. (Attachments: # 1 Exhibit Ex. A, Declarations, # 2 Exhibit Ex. B, Declaration of Preston D. Wigner)(Johnson, Stephanie) (Entered: 06/21/2021)
2021-06-2127REPLY to opposition to motion re 23 Cross MOTION for Summary Judgment with Memorandum in Support, Response to Defendant's Statement of Facts and Cross-Statement of Undisputed Material Facts filed by FARM LABOR ORGANIZING COMMITTEE. (Liu, Wendy) (Entered: 06/21/2021)
2021-06-29Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/29/2021)
2021-07-1328NOTICE OF SUPPLEMENTAL AUTHORITY by FARM LABOR ORGANIZING COMMITTEE (Liu, Wendy) (Entered: 07/13/2021)
2021-08-2729NOTICE OF SUPPLEMENTAL AUTHORITY by FARM LABOR ORGANIZING COMMITTEE (Liu, Wendy) (Entered: 08/27/2021)
2021-10-1830NOTICE OF SUPPLEMENTAL AUTHORITY by FARM LABOR ORGANIZING COMMITTEE (Liu, Wendy) (Entered: 10/18/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2022-03-2531REPONSE by U.S. DEPARTMENT OF LABOR re 30 NOTICE OF SUPPLEMENTAL AUTHORITY (Johnson, Stephanie) Modified event title on 3/29/2022 (znmw). (Entered: 03/25/2022)
2022-03-2532RESPONSE by U.S. DEPARTMENT OF LABOR re 28 NOTICE OF SUPPLEMENTAL AUTHORITY (Johnson, Stephanie) Modified event title on 3/29/2022 (znmw). (Entered: 03/25/2022)
2022-03-2533RESPONSE by U.S. DEPARTMENT OF LABOR re 29 NOTICE OF SUPPLEMENTAL AUTHORITY (Johnson, Stephanie) Modified event title on 3/29/2022 (znmw). (Entered: 03/25/2022)
2022-08-0534NOTICE OF SUPPLEMENTAL AUTHORITY by FARM LABOR ORGANIZING COMMITTEE (Liu, Wendy) (Entered: 08/05/2022)
2022-11-0135NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of U.S. DEPARTMENT OF LABOR Substituting for attorney Stephanie R. Johnson (Escher, Sam) (Entered: 11/01/2022)
2023-01-3036MOTION to Set Oral Argument by FARM LABOR ORGANIZING COMMITTEE. (Liu, Wendy) Modified event on 1/31/2023 (znmw). (Entered: 01/30/2023)
2023-02-15MINUTE ORDER granting 36 Plaintiff's Motion to Set Oral Argument: Upon consideration of the Plaintiff's Motion and in light of the Defendant's lack of opposition to it, it is hereby ORDERED that the Motion is GRANTED. The Court ORDERS the Parties to appear for a Summary Judgment Hearing in Courtroom 21 on March 14, 2023, at 2:00 PM. Signed by Judge Jia M. Cobb on February 15, 2023. (lcjmc2) (Entered: 02/15/2023)
2023-03-14Minute Entry for proceedings held before Judge Jia M. Cobb: Motion Hearing held on 3/14/2023 re 22 MOTION for Summary Judgment and 23 Cross MOTION for Summary Judgment Cross-Statement of Undisputed Material Facts. Oral arguments heard and taken under advisement. (Court Reporter Stacy Heavenridge) (zgf) (Entered: 03/29/2023)
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