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Case TitleCENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00764
Date Filed2020-03-18
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCENTER FOR BIOLOGICAL DIVERSITY
Case DescriptionThe Center for Biological Diversity submitted a FOIA request to the Food Safety and Inspection Service at the Department of Agriculture for records concerning environmental impacts of FSIS's proposed Modernization of Swine Slaughter Inspection rule. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CBD filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF AGRICULTURE
DefendantFOOD SAFETY AND INSPECTION SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-181COMPLAINT against FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number ADCDC-6931954) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons William Barr, Attorney General, # 3 Summons United States Attorney, # 4 Summons Food Safety and Inspection Service, # 5 Summons U.S. Dept. of Agriculture)(Connor, Hannah) (Entered: 03/18/2020)
2020-03-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Connor, Hannah) (Entered: 03/18/2020)
2020-03-18Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) (Entered: 03/18/2020)
2020-03-183SUMMONS (4) Issued Electronically as to FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 03/18/2020)
2020-03-184MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Perry Elerts, Filing fee $ 100, receipt number ADCDC-6933219. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration Perry Elerts, # 2 Text of Proposed Order)(Connor, Hannah) (Entered: 03/18/2020)
2020-03-19MINUTE ORDER: The Court has received 4 the Motion for Admission of Attorney Pro Hac Vice for attorney Perry Elerts. The accompanying [4-1] Declaration of Perry Elerts in Support of Motion for Admission Pro Hac Vice contains the information required by Local Civil Rule 83.2(d). The Motion is accordingly GRANTED, CONTINGENT upon attorney Perry Elerts's submission of a declaration by APRIL 3, 2020 stating that counsel has reviewed and is familiar with the Local Rules of this Court. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions Signed by Judge Colleen Kolla r-Kotelly on March 19, 2020. (lccck1) (Entered: 03/19/2020)
2020-03-205ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/20/20. (DM) (Entered: 03/20/2020)
2020-04-026NOTICE of Appearance by Perry Elerts on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration Provided Pursuant to Court's Minute Order of March 19, 2020)(Elerts, Perry) (Main Document 6 replaced on 4/6/2020) (znmw). (Entered: 04/02/2020)
2020-04-077RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2020. Answer due for ALL FEDERAL DEFENDANTS by 4/23/2020. (Attachments: # 1 Exhibit)(Elerts, Perry) (Entered: 04/07/2020)
2020-04-078RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/24/2020. (Attachments: # 1 Exhibit)(Elerts, Perry) (Entered: 04/07/2020)
2020-04-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF AGRICULTURE served on 3/23/2020 (Attachments: # 1 Exhibit)(Elerts, Perry) (Entered: 04/07/2020)
2020-04-0710RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD SAFETY AND INSPECTION SERVICE served on 3/23/2020 (Attachments: # 1 Exhibit)(Elerts, Perry) (Entered: 04/07/2020)
2020-04-1711NOTICE of Appearance by Paul Cirino on behalf of FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE (Cirino, Paul) (Entered: 04/17/2020)
2020-04-2212ANSWER to Complaint by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE.(Cirino, Paul) (Entered: 04/22/2020)
2020-04-2413ORDER requiring parties to file Joint Status Report on or before MAY 22, 2020. See Order for details. Signed by Judge Colleen Kollar-Kotelly on April 24, 2020. (lccck1) (Entered: 04/24/2020)
2020-04-24Set/Reset Deadlines: Joint Meet & Confer Statement due by 5/22/2020. (dot) (Entered: 04/24/2020)
2020-05-2214Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 05/22/2020)
2020-05-26MINUTE ORDER: The Court has received the parties' 14 Joint Status Report. Upon consideration of that Joint Status Report, the Court ADOPTS the parties' suggestion that the parties submit a further Joint Status Report updating the Court on the status of Plaintiff's FOIA request and any other relevant matters on JULY 21, 2020 and that the parties submit further Joint Status Reports every 60 days thereafter , unless and until the Court orders otherwise. Signed by Judge Colleen Kollar-Kotelly on May 26, 2020. (lccck1) (Entered: 05/26/2020)
2020-05-26Set/Reset Deadlines: Joint Status Report due by 7/21/2020. (dot) (Entered: 05/26/2020)
2020-07-0115MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ashley Palomaki, Filing fee $ 100, receipt number ADCDC-7290538. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Connor, Hannah) (Entered: 07/01/2020)
2020-07-02MINUTE ORDER: The Court has received 4 the Motion for Admission of Attorney Pro Hac Vice for attorney Ashley Palomaki. The accompanying Declaration of Ashley Palomaki in Support of Motion for Admission Pro Hac Vice contains the information required by Local Civil Rule 83.2(d) and indicates that counsel has reviewed and is familiar with the Local Rules of this Court. Accordingly, the Motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Colleen Kollar-Kotelly on July 2, 2020. (lccck1) (Entered: 07/02/2020)
2020-07-0216NOTICE OF SUBSTITUTION OF COUNSEL by Perry Elerts on behalf of CENTER FOR BIOLOGICAL DIVERSITY Substituting for attorney Ashley Palomaki (Elerts, Perry) (Entered: 07/02/2020)
2020-07-0817NOTICE of Appearance by Ashley Palomaki on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Palomaki, Ashley) (Entered: 07/08/2020)
2020-07-2118Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 07/21/2020)
2020-09-2119Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 09/21/2020)
2020-11-0320NOTICE of Name Change by CENTER FOR BIOLOGICAL DIVERSITY (Bruner, Ashley) (Entered: 11/03/2020)
2020-11-2021Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 11/20/2020)
2021-01-1522Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 01/15/2021)
2021-03-2223Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 03/22/2021)
2021-05-2124Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 05/21/2021)
2021-07-1625Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 07/16/2021)
2021-09-1426Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 09/14/2021)
2021-10-1927STIPULATION of Dismissal by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Cirino, Paul) (Entered: 10/19/2021)
2021-10-1928ORDER. Signed by Judge Colleen Kollar-Kotelly on October 19, 2021. (lcckk1) (Entered: 10/19/2021)
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by FOIA Project Staff
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