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Case TitleAnimal Legal Defense Fund v. Animal and Plant Health Inspection Service
DistrictDistrict of Colorado
CityDenver
Case Number1:2020cv03461
Date Filed2020-11-23
Date Closed2021-10-07
JudgeJudge Christine M. Arguello
PlaintiffAnimal Legal Defense Fund a California non-profit organization
Case DescriptionThe Animal Legal Defense Fund submitted a FOIA request to the Animal and Plant Health Inspection Service for records concerning contracts between APHIS and RC Wildgame Custom Processing and/or Russell Spence. The agency acknowledged receipt of the request. The agency responded by providing nine pages with redactions under Exemption 4 (confidential business information). ALF filed an administrative appeal. After hearing nothing further from the agency, ALF filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAnimal and Plant Health Inspection Service an agency within the United States Department of Agriculture
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

2020-11-231COMPLAINT against Animal and Plant Health Inspection Service (Filing fee $ 400,Receipt Number 1082-7601401)Attorney Sarah Ann Matsumoto added to party Animal Legal Defense Fund(pty:pla), filed by Animal Legal Defense Fund. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Fed. R. Civ. P. 7.1 Disclosure, # 4 D.C.ColoLCivR 3.2)(Matsumoto, Sarah) (Entered: 11/23/2020)
2020-11-232Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) (Entered: 11/23/2020)
2020-11-233SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (jtorr, ) (Entered: 11/23/2020)
2020-11-244MINUTE ORDER The above-captioned case has been directly assigned to Magistrate Judge Michael E. Hegarty pursuant to D.C. Colo. LCivR 40.1(c). The parties shall complete and file the Magistrate Judge Consent Form (ECF 3- 1) on or before January 5, 2021 . It is ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on January 25, 2021, at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado, by Magistrate Judge Michael E. Hegarty on 11/24/2020. (evana, ) (Entered: 11/24/2020)
2020-12-155SUMMONS REQUEST as to Kevin Shea, Administrator of USDA-APHIS by Plaintiff Animal Legal Defense Fund. (Matsumoto, Sarah) (Entered: 12/15/2020)
2020-12-156SUMMONS REQUEST as to William Barr, U.S. Attorney General by Plaintiff Animal Legal Defense Fund. (Matsumoto, Sarah) (Entered: 12/15/2020)
2020-12-157SUMMONS REQUEST as to Jason R. Dunn, U.S. Attorney for the District of Colorado by Plaintiff Animal Legal Defense Fund. (Matsumoto, Sarah) (Entered: 12/15/2020)
2020-12-158SUMMONSES issued by Clerk. (cmadr, ) (Entered: 12/15/2020)
2020-12-239NOTICE of Entry of Appearance by Laura J. Ellis on behalf of Animal and Plant Health Inspection ServiceAttorney Laura J. Ellis added to party Animal and Plant Health Inspection Service(pty:dft) (Ellis, Laura) (Entered: 12/23/2020)
2020-12-2310CONSENT to Jurisdiction of Magistrate Judge by Defendant Animal and Plant Health Inspection Service All parties do not consent.. (Ellis, Laura) (Entered: 12/23/2020)
2020-12-2311Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Animal and Plant Health Inspection Service. (Ellis, Laura) (Entered: 12/23/2020)
2020-12-2312Minute ORDER by Magistrate Judge Michael E. Hegarty on 23 December 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo. LCivR 40.1(c) (ECF 10 ), the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, ) (Entered: 12/23/2020)
2020-12-2313CASE REASSIGNED pursuant to 12 . All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 20-cv-03461-CMA. (Text Only Entry) (cmadr, ) (Entered: 12/23/2020)
2020-12-2414ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 12/24/2020. Text Only Entry (cmasec) (Entered: 12/24/2020)
2020-12-2415MEMORANDUM regarding 11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Animal and Plant Health Inspection Service. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 12/24/2020. Text Only Entry (cmasec) (Entered: 12/24/2020)
2020-12-2416Minute ORDER by Magistrate Judge Michael E. Hegarty on 24 December 2020. This matter comes before the Court upon Defendant's Unopposed Motion to Extend Answer Deadline and to Reset Scheduling Conference 11 . For good cause show, the Motion is granted. Defendant shall answer or file other responsive pleading to Plaintiff's complaint on or before January 19, 2021. Moreover, the Scheduling Conference currently set for January 25, 2021 is vacated and rescheduled to February 25, 2021 at 10:45 a.m., to be held in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 2/18/2021.(cmadr, ) (Entered: 12/24/2020)
2021-01-1917Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant Animal and Plant Health Inspection Service. (Ellis, Laura) (Entered: 01/19/2021)
2021-01-1918MEMORANDUM regarding 17 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Animal and Plant Health Inspection Service. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 1/19/2021. Text Only Entry (cmasec) (Entered: 01/19/2021)
2021-01-2019Minute ORDER by Magistrate Judge Michael E. Hegarty on 20 January 2021. For good cause shown, Defendant's "Unopposed Motion to Extend Answer Deadline by Seven Days" 17 is granted. Defendant shall file an answer or other response to the operative pleading on or before January 26, 2021.(cmadr, ) (Entered: 01/20/2021)
2021-01-2620ANSWER to 1 Complaint, by Animal and Plant Health Inspection Service.(Ellis, Laura) (Entered: 01/26/2021)
2021-02-1821Joint MOTION for Leave to Submit Modified Proposed Scheduling Order by Defendant Animal and Plant Health Inspection Service. (Attachments: # 1 Proposed Order (PDF Only) Modified Proposed Scheduling Order)(Ellis, Laura) (Entered: 02/18/2021)
2021-02-1922MEMORANDUM regarding 21 Joint MOTION for Leave to Submit Modified Proposed Scheduling Order filed by Animal and Plant Health Inspection Service. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 2/19/2021. Text Only Entry (cmasec) (Entered: 02/19/2021)
2021-02-1923Minute ORDER by Magistrate Judge Michael E. Hegarty on 19 February 2021. For good cause shown, the parties' "Joint Motion to Submit Modified Proposed Scheduling Order" 21 is granted. The parties may submit and file the modified scheduling order attached to their motion. The parties are instructed to email an editable copy (i.e. Word) of the modified scheduling order to hegarty_chambers@cod.uscourts.gov.(cmadr, ) (Entered: 02/19/2021)
2021-02-1924Proposed Scheduling Order by Defendant Animal and Plant Health Inspection Service. (Ellis, Laura) (Entered: 02/19/2021)
2021-02-1925Unopposed MOTION for Leave to Appear as Student Attorney Jess McLaggan by Plaintiff Animal Legal Defense Fund. (Attachments: # 1 Law Student Appearance Form for Student Attorney Jess McLaggan)(Matsumoto, Sarah) (Entered: 02/19/2021)
2021-02-1926Unopposed MOTION for Leave to Appear as Student Attorney Betsy Long by Plaintiff Animal Legal Defense Fund. (Attachments: # 1 Law Student Appearance Form for Student Attorney Betsy Long)(Matsumoto, Sarah) (Entered: 02/19/2021)
2021-02-2227ORDER: Granting 25 and 26 Motions for Leave to Appear as Student Attorneys. Student attorneys Jess McLaggan and Betsy Long may appear as counsel for ALDF in this matter under the supervision of Sarah Matsumoto. SO ORDERED by Judge Christine M. Arguello on 2/22/2021. Text Only Entry(cmasec) (Entered: 02/22/2021)
2021-02-2528COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/25/2021. FTR: A501. (cthom, ) (Entered: 02/25/2021)
2021-02-2529MODIFIED SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 25 February 2021. (cmadr, ) (Entered: 02/25/2021)
2021-04-1230MOTION for Summary Judgment by Defendant Animal and Plant Health Inspection Service. (Attachments: # 1 Appendix Movant's Appendix)(Ellis, Laura) (Entered: 04/12/2021)
2021-04-1431NOTICE of Entry of Appearance by Kevin J. Lynch on behalf of Animal Legal Defense FundAttorney Kevin J. Lynch added to party Animal Legal Defense Fund(pty:pla) (Lynch, Kevin) (Entered: 04/14/2021)
2021-05-0532ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Sarah Ann Matsumoto was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) (Entered: 05/05/2021)
2021-05-1733NOTICE of Entry of Appearance by Sarah Ann Matsumoto on behalf of Animal Legal Defense Fund (Matsumoto, Sarah) (Entered: 05/17/2021)
2021-05-2734Cross MOTION for Summary Judgment by Plaintiff Animal Legal Defense Fund. (Attachments: # 1 Affidavit Declaration of Elizabeth Long, # 2 Appendix Respondent's Appendix)(Matsumoto, Sarah) (Entered: 05/27/2021)
2021-05-2735RESPONSE to 30 MOTION for Summary Judgment in opposition filed by Plaintiff Animal Legal Defense Fund. (Matsumoto, Sarah) (Entered: 05/27/2021)
2021-07-0636Joint MOTION to Stay the Case and All Deadlines for 45 days by Defendant Animal and Plant Health Inspection Service. (Ellis, Laura) (Entered: 07/06/2021)
2021-07-0837ORDER: Granting 36 Joint Motion to Stay. This matter is STAYED until 8/23/2021. The parties area DIRECTED to file appropriate dismissal documents or a Status Report by NO LATER THAN 8/23/2021. SO ORDERED by Judge Christine M. Arguello on 7/8/2021. Text Only Entry (cmasec) (Entered: 07/08/2021)
2021-08-2338Joint STATUS REPORT by Defendant Animal and Plant Health Inspection Service. (Ellis, Laura) (Entered: 08/23/2021)
2021-08-2439ORDER: Pursuant to the 38 Joint Status Report, this matter is STAYED until 10/7/2021. The parties area DIRECTED to file appropriate dismissal documents or a Status Report by NO LATER THAN 10/7/2021. SO ORDERED by Judge Christine M. Arguello on 8/24/2021. Text Only Entry (cmasec) (Entered: 08/24/2021)
2021-10-0740STIPULATION of Dismissal of Case Pursuant to Fed. R. Civ. P. 41(a) by Defendant Animal and Plant Health Inspection Service. (Ellis, Laura) (Entered: 10/07/2021)
2021-10-0741Civil Case Terminated pursuant to the 40 Joint Stipulation of Dismissal filed in this case. Text Only Entry (cmasec) (Entered: 10/07/2021)
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by FOIA Project Staff
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