Skip to content

Case Detail

[Subscribe to updates]
Case TitleGOVERNMENT ACCOUNTABILITY PROJECT v. U.S. DEPARTMENT OF AGRICULTURE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02531
Date Filed2020-09-10
Date Closed2024-01-29
JudgeJudge Randolph D. Moss
PlaintiffGOVERNMENT ACCOUNTABILITY PROJECT
Case DescriptionThe Government Accountability Project submitted a FOIA request to the Department of Agriculture for records concerning all non-compliance records for food safety from establishment M1620. GAP also requested a fee waiver. GAP later submitted a request for expedited processing. The Food Safety and Inspection Service denied GAP's request for expedited processing. GAP filed an administrative appeal of the denial of expedited processing. The agency denied GAP's appeal. After hearing nothing further from the agency, GAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-101COMPLAINT against FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number ADCDC-7574332) filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-K, # 3 Civil Cover Sheet, # 4 Summons)(Burday, Joshua) (Entered: 09/10/2020)
2020-09-102NOTICE of Appearance by Joshua Hart Burday on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Burday, Joshua) (Entered: 09/10/2020)
2020-09-103NOTICE of Appearance by Matthew Topic on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Topic, Matthew) (Entered: 09/10/2020)
2020-09-10Case Assigned to Judge Randolph D. Moss. (adh, ) (Entered: 09/10/2020)
2020-09-104SUMMONS (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: 09/10/2020)
2020-09-115STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 09/11/2020. (lcrdm1) (Entered: 09/11/2020)
2020-10-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD SAFETY AND INSPECTION SERVICE served on 9/21/2020 (Burday, Joshua) (Entered: 10/12/2020)
2020-10-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/22/20. (Burday, Joshua) (Entered: 10/12/2020)
2020-10-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 10/22/2020. (Burday, Joshua) (Entered: 10/12/2020)
2020-10-219ANSWER to Complaint by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE.(Tilghman, Michael) (Entered: 10/21/2020)
2020-10-22MINUTE ORDER: It is ORDERED that, on or before November 10, 2020, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on November 17, 2020, at 3:00 p.m., before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 10/22/2020. (lcrdm1) (Entered: 10/22/2020)
2020-11-1010Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 11/10/2020)
2020-11-11MINUTE ORDER: Upon consideration of Parties' status report, Dkt. 10 , it is hereby ORDERED that the Initial Scheduling Conference scheduled for 3:00 p.m. on November 17, 2020 is VACATED. It is further ORDERED that Parties shall file a further joint status report on or before December 8, 2020. Signed by Judge Randolph D. Moss on 11/11/2020. (lcrdm1) (Entered: 11/11/2020)
2020-12-0811Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 12/08/2020)
2020-12-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 7, 2021. Signed by Judge Randolph D. Moss on 12/08/2020. (lcrdm1) (Entered: 12/08/2020)
2021-01-0712Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 01/07/2021)
2021-01-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that the parties file a further joint status report on or before February 8, 2021. Signed by Judge Randolph D. Moss on 01/09/2021. (lcrdm1) (Entered: 01/09/2021)
2021-02-0813Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 02/08/2021)
2021-02-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 10, 2021. Signed by Judge Randolph D. Moss on 02/09/2021. (lcrdm1) (Entered: 02/09/2021)
2021-03-1014Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 03/10/2021)
2021-03-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 14 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 9, 2021. Signed by Judge Randolph D. Moss on 03/10/2021. (lcrdm1) (Entered: 03/10/2021)
2021-04-0915Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 04/09/2021)
2021-04-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 10, 2021. Signed by Judge Randolph D. Moss on 04/11/2021. (lcrdm1) (Entered: 04/11/2021)
2021-05-1016Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 05/10/2021)
2021-05-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 9, 2021. Signed by Judge Randolph D. Moss on 05/10/2021. (lcrdm1) (Entered: 05/10/2021)
2021-06-0917Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 06/09/2021)
2021-06-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 9, 2021. Signed by Judge Randolph D. Moss on 06/09/2021. (lcrdm1) (Entered: 06/09/2021)
2021-07-0918Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 07/09/2021)
2021-07-10MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 9, 2021. Signed by Judge Randolph D. Moss on 07/10/2021. (lcrdm1) (Entered: 07/10/2021)
2021-08-0919Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 08/09/2021)
2021-08-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on September 8, 2021. Signed by Judge Randolph D. Moss on 08/11/21. (lcrdm1) (Entered: 08/11/2021)
2021-09-0820Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 09/08/2021)
2021-09-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 7, 2021. Signed by Judge Randolph D. Moss on 09/08/2021. (lcrdm1) (Entered: 09/08/2021)
2021-09-09Set/Reset Deadlines: Joint Status Report due by 10/7/2021. (kt) (Entered: 09/09/2021)
2021-10-0721Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 10/07/2021)
2021-10-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 6, 2021. Signed by Judge Randolph D. Moss on 10/07/2021. (lcrdm1) (Entered: 10/07/2021)
2021-12-0622Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 12/06/2021)
2021-12-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 4, 2022. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm1) (Entered: 12/06/2021)
2022-02-0423Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 02/04/2022)
2022-02-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further status report on or before April 5, 2022. Signed by Judge Randolph D. Moss on 2/6/2022. (lcrdm1) (Entered: 02/06/2022)
2022-04-0424NOTICE of Appearance by Joshua Loevy on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Loevy, Joshua) (Entered: 04/04/2022)
2022-04-0425NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 04/04/2022)
2022-04-0426Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Curteman, Dedra) (Entered: 04/04/2022)
2022-04-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 3, 2022. Signed by Judge Randolph D. Moss on 4/9/2022. (lcrdm1) (Entered: 04/09/2022)
2022-06-0327Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT. (Loevy, Joshua) (Entered: 06/03/2022)
2022-06-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 2, 2022. Signed by Judge Randolph D. Moss on 6/7/2022. (lcrdm1) (Entered: 06/07/2022)
2022-07-0528NOTICE OF WITHDRAWAL OF APPEARANCE as to FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)
2022-08-0229Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 08/02/2022)
2022-08-03MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 1, 2022. Signed by Judge Randolph D. Moss on 08/03/2022. (lcrdm1) (Entered: 08/03/2022)
2022-09-0130Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tilghman, Michael) (Entered: 09/01/2022)
2022-09-0631NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of All Defendants Substituting for attorney Michael A. Tilghman II (Tepe, Sean) (Entered: 09/06/2022)
2022-10-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 31, 2022. Signed by Judge Randolph D. Moss on 10/7/2022. (lcrdm1) (Entered: 10/07/2022)
2022-10-3132Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tepe, Sean) (Entered: 10/31/2022)
2022-11-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 21, 2022. Signed by Judge Randolph D. Moss on 11/2/2022. (lcrdm1) (Entered: 11/02/2022)
2022-12-2133Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tepe, Sean) (Entered: 12/21/2022)
2022-12-22MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 21, 2023. Signed by Judge Randolph D. Moss on 12/22/2022. (lcrdm1) (Entered: 12/22/2022)
2023-03-2134Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Tepe, Sean) (Entered: 03/21/2023)
2023-03-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 34 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 19, 2023. Signed by Judge Randolph D. Moss on 3/21/2023. (lcrdm1) (Entered: 03/21/2023)
2023-05-1035NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE Substituting for attorney Sean Tepe (Debrason, B. Kathryn) (Entered: 05/10/2023)
2023-06-1636Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Debrason, B. Kathryn) (Entered: 06/16/2023)
2023-06-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 36 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 19, 2023. Signed by Judge Randolph D. Moss on 6/19/2023. (lcrdm1) (Entered: 06/19/2023)
2023-06-2037MOTION to Withdraw as Attorney Joshua Burday by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 06/20/2023)
2023-06-20MINUTE ORDER: Upon consideration of Matthew Topic's motion to withdraw the appearance of Joshua Burday on behalf of Plaintiff, Dkt. 37 , it is hereby ORDERED that the motion is GRANTED. Signed by Judge Randolph D. Moss on 6/20/2023. (lcrdm1) (Entered: 06/20/2023)
2023-08-1838Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Debrason, B.) (Entered: 08/18/2023)
2023-08-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 38 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 18, 2023. Signed by Judge Randolph D. Moss on 8/21/2023. (lcrdm1) (Entered: 08/21/2023)
2023-10-1839NOTICE of Appearance by Tabitha Bartholomew on behalf of All Defendants (Bartholomew, Tabitha) (Entered: 10/18/2023)
2023-10-1840Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Bartholomew, Tabitha) (Entered: 10/18/2023)
2023-10-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 40 , the parties are hereby ORDERED to submit a further status report on or before January 17, 2024. Signed by Judge Randolph D. Moss on 10/18/2023. (lcrdm1) (Entered: 10/18/2023)
2024-01-1741Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, U.S. DEPARTMENT OF AGRICULTURE. (Debrason, B.) (Entered: 01/17/2024)
2024-01-23MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 41 , the parties are hereby ORDERED to submit a further status report on or before April 15, 2024. Signed by Judge Randolph D. Moss on 1/23/2024. (lcrdm1) (Entered: 01/23/2024)
2024-01-2642NOTICE of Appearance by Merrick Jason Wayne on behalf of GOVERNMENT ACCOUNTABILITY PROJECT (Wayne, Merrick) (Entered: 01/26/2024)
2024-01-2643STIPULATION of Dismissal by GOVERNMENT ACCOUNTABILITY PROJECT. (Wayne, Merrick) (Entered: 01/26/2024)
2024-01-27MINUTE ORDER: Pursuant to the parties' Stipulation of Dismissal, Dkt. 43 , it is hereby ORDERED that the case is DISMISSED with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 1/27/2024. (lcrdm1) (Entered: 01/27/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar