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Case TitleAdams et al v. United States Department of Agriculture et al
DistrictWestern District of Arkansas
CityHarrison
Case Number3:2010cv03120
Date Filed2010-12-10
Date Closed2013-09-16
JudgeHonorable P. K. Holmes, III
PlaintiffDale B Adams
PlaintiffCherie L. Adams
TERMINATED: 01/18/2011
DefendantUnited States Department of Agriculture
DefendantThomas L. Vilsack United States Secretary of Agriculture
AppealEighth Circuit 12-3696
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Opinion/Order [14]
Opinion/Order [41]
Opinion/Order [42]
Opinion/Order [56]
Opinion/Order [57]
Opinion/Order [58]
FOIA Project Annotation: The court dismissed the case.
Issues: Housekeeping
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2010-12-101COMPLAINT against United States Department of Agriculture, Thomas L. Vilsack, filed by Dale B Adams, Cherie L. Adams. (Attachments: # 1 Exhibit A - Freedom of Informaiton Act, etc, # 2 Exhibit B - Letter dated 11/5/10, # 3 Exhibit C - FOIA Request date 11/25/10, # 4 Exhibit D - Patient Information, # 5 Exhibit E - Freedom of Information Act Request, # 6 Exhibit F - Freedom of Information Act Request, # 7 Exhibit G - Formal Letter dated 11/10/09, # 8 Exhibit H - Freedom of Information Act Request, # 9 Exhibit I - Freedom of Information Act Appeal, # 10 Exhibit J - Freedom of Information Act, etc)(rw) (Entered: 12/11/2010)
2010-12-102MOTION for Leave to Proceed in forma pauperis, MOTION for Service by Dale B Adams. (rw) (Entered: 12/11/2010)
2010-12-10MOTIONS REFERRED: 2 MOTION for Leave to Proceed in forma pauperis MOTION for Service. Motions referred to Honorable James R. Marschewski.(rw) (Entered: 12/11/2010)
2010-12-103ORDER that 1 Complaint,, filed by Cherie L. Adams, Dale B Adams be provisionally filed prior to a determination regarding plaintiffs' status as a pauper and service of process and directing the United States District Clerk to file the complaint; further directing the clerk to mail Mrs. Adams a blank IFP application and Mrs. Adams is given until 12/30/10 to either complete and return the IFP application or pay the $350.00 filing fee. Signed by Honorable James R. Marschewski on December 10, 2010. (rw) (Entered: 12/11/2010)
2010-12-104CIVIL COVER SHEET for case initiated by Cherie L. Adams, Dale B Adams. (rw) (Entered: 12/11/2010)
2010-12-215APPLICATION to proceed in forma pauperis by Plaintiff Cherie L. Adams. (rw) (Entered: 12/21/2010)
2010-12-216MOTION to Appoint Counsel by Cherie L. Adams, Dale B Adams. (rw) (Entered: 12/21/2010)
2010-12-217ADDENDUM by Cherie L. Adams, Dale B Adams to 4 Civil Cover Sheet. (rw) (Entered: 12/21/2010)
2010-12-238MOTION for injunction by Cherie L. Adams, Dale B Adams. (Attachments: # 1 Exhibit A - Motion, # 2 Exhibit B - Envelope, # 3 Exhibit C - Letter)(rw) (Entered: 12/23/2010)
2010-12-279ORDER REFERRING MOTIONS, 8 MOTION for injunction, and 6 MOTION to Appoint Counsel filed by Cherie L. Adams, Dale B Adams. Signed by Honorable Jimm Larry Hendren on December 27, 2010. Motions referred to James R. Marschewski.(sh) (Entered: 12/27/2010)
2011-03-0810MOTION to Amend Complaint, filed by Dale B Adams. (Attachments: # 1 Exhibit A-D-FIA Expedited Processing Request, # 2 Exhibit E-Amended Complaint for Injunctive Relief)(sh) (Entered: 03/08/2011)
2011-03-1611ORDER REFERRING MOTION 10 to Amend/Correct filed by Dale B Adams. Signed by Honorable Jimm Larry Hendren on March 16, 2011. Motions referred to James R. Marschewski.(sh) (Entered: 03/16/2011)
2011-06-0812ORDER granting 10 Plaintiff's Motion to Amend the Complaint. Signed by Honorable James R. Marschewski on June 8, 2011. (cc: U.S. Marshals Service-Certified)(sh) (Entered: 06/08/2011)
2011-06-0813AMENDED COMPLAINT against Thomas L. Vilsack, United States Department of Agriculture, filed by Dale B Adams. (Attachments: # 1 Exhibit A-FOIA Request of 8/20/10, # 2 Exhibit B-Freedom of Information Act Request, 10/19/10, # 3 Exhibit C-Freedom of Information Act Request, # 4 Exhibit D-Expedited processing request of 8/21/10)(sh) (Entered: 06/08/2011)
2011-06-0814ORDER granting 2 the in forma pauperis application, and Motion for Service and DIRECTING SERVICE on United States Department of Agriculture, Thomas L. Vilsack, or by delivering a copy of the summons and complaint to the United States Attorney for the Western district of Arkansas, or to an assistant United States Attorney, or sending a copy of the summons and complaint, by registered mail addressed to the civil process clerk at the office of the United States Attorney for the Western District of Arkansas, and, the Attorney General of the United States, the Honorable Eric Holder, United States Department of Justice, 950 Pennsylvania Avenue, N.W., Washington, D.C. 20250. Defendant is to answer within 60 days from the date of service. Signed by Honorable James R. Marschewski on June 8, 2011. (cc: U.S. Marshals Service-Certified)(sh) (Entered: 06/08/2011)
2011-06-08(2) USM285 Forms Delivered to USMS re 14 Order on Motion for Service. (sh) (Entered: 06/08/2011)
2011-06-1515USM/285 SUMMONS Returned Executed by Dale B Adams. Thomas L. Vilsack, Department of Agriculture, by serving Connor Eldredge, USA for Western District of Arkansas, served on 6/9/2011, answer due 8/8/2011. (sh) (Entered: 06/15/2011)
2011-06-2316SUMMONS Returned Executed upon United States Department of Agriculture served on 6/16/2011, answer due 8/15/2011. (sh) (Entered: 06/23/2011)
2011-06-2317NOTICE by Dale B Adams re 14 Service upon U.S. Department of Agriculture on 6/16/11. (sh) (Entered: 06/23/2011)
2011-08-0118MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, by United States Department of Agriculture, Thomas L. Vilsack. (Hawkins, Claude) (Entered: 08/01/2011)
2011-08-02TEXT ONLY ORDER granting 18 Motion for Extension of Time. Defendants' response to the Complaint is due September 22, 2011. Signed by Honorable Jimm Larry Hendren on August 2, 2011. (kcg) (Entered: 08/02/2011)
2011-09-2219ANSWER to 13 Amended Complaint, by United States Department of Agriculture, Thomas L. Vilsack.(Groom, Deborah) (Entered: 09/22/2011)
2011-10-1820INITIAL SCHEDULING ORDER: Final Scheduling Order issue date 12/19/2011. Bench Trial set for 9/10/2012 08:30 AM in Harrison -- 2nd flr (Rm 231) before Honorable Jimm Larry Hendren. Signed by Honorable Jimm Larry Hendren on October 18, 2011. (gg) (Entered: 10/18/2011)
2011-11-02TEXT ONLY MEMO OF REASSIGNMENT. Case Reassigned to Honorable P. K. Holmes, III. Honorable Jimm Larry Hendren no longer assigned to the case. (mfr) (Entered: 11/02/2011)
2011-12-0221MOTION to Amend/Correct 20 Initial Scheduling Order to Set Briefing Schedule by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 12/02/2011)
2011-12-0222MEMORANDUM BRIEF in Support of 21 MOTION to Amend/Correct 20 Initial Scheduling Order to Set Briefing Schedule by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 12/02/2011)
2011-12-0723ORDER granting in part and denying in part 21 Motion to Amend/Correct. The Court orders that, to the extent defendants seek amendment or correction of the Initial Scheduling Order, their Motion is DENIED, and that the deadlines set forth in the Initial Scheduling Order should be and are TEMPORARILY STAYED. It is further ordered that parties are directed to file any Motions for Summary Judgment on or before January 3, 2012. Responses are due 14 days after the filing date of such motion, with replies due 10 days after the filing of any response. Should parties fail to timely file a Motion for Summary Judgment, the court will enter an Order lifting the temporary stay and directing the parties to confer in accordance with Fed. P.26(f). Signed by Honorable P. K. Holmes, III on December 7, 2011. (sh) Modified on 12/8/2011 to edit text (rw). (Entered: 12/07/2011)
2011-12-1624***DISREGARD - FILED IN ERROR**** AMENDED FINAL SCHEDULING ORDER: Bench Trial set for 9/24/2012 at 09:00 AM in Harrison -- 2nd flr (Rm 231) before Honorable P. K. Holmes, III. Signed by Jane Ann Short, Courtroom Deputy for Honorable P. K. Holmes, III on December 16, 2011. Copy of order mailed to non-CM/ECF participant. (jas) Modified text on 12/28/2011 (jas). Copy of regenerated NEF sent to non-CM/ECF participant. (Entered: 12/16/2011)
2011-12-2825MOTION for Leave to Amend complaint, filed by Dale B Adams. (sh) (Entered: 12/28/2011)
2011-12-28TEXT ONLY ORDER Setting/Resetting Hearings: Bench Trial RE-SET for 9/24/2012 at 09:00 AM in Harrison -- 2nd flr (Rm 231) before Honorable P. K. Holmes, III.Signed by Honorable P. K. Holmes, III on December 28, 2011. Copy of Text Only Order mailed to non-CM/ECF participant. (jas) (Entered: 12/28/2011)
2011-12-28TEXT ONLY ORDER REFERRING MOTION: 25 MOTION for Leave to Amend Complaint filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on December 28, 2011. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 12/28/2011)
2012-01-0326MOTION for Summary Judgment by United States Department of Agriculture, Thomas L. Vilsack. (Attachments: # 1 Exhibit 1 Declaration of Lenzy, # 2 Exhibit 2 Declaration of Petrus, # 3 Exhibit 3 Declaration of Sullivan, # 4 Exhibit 4 Declaration of Tangredi)(Groom, Deborah) (Entered: 01/03/2012)
2012-01-0327MEMORANDUM BRIEF in Support of 26 MOTION for Summary Judgment by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 01/03/2012)
2012-01-0328STATEMENT OF FACTS in support of 26 MOTION for Summary Judgment by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 01/03/2012)
2012-01-1829RESPONSE by Dale B Adams re 26 MOTION for Summary Judgment. (lw) (Entered: 01/18/2012)
2012-01-1830STATEMENT OF FACTS by Dale B Adams. (lw) (Entered: 01/18/2012)
2012-01-1931MOTION to Amend Complaint for Injunctive and Declatory Relief filed by Dale B Adams. (Attachments: # 1 Exhibit A D E F and G)(sh) (Entered: 01/19/2012)
2012-01-24TEXT ONLY ORDER REFERRING MOTION: 26 MOTION for Summary Judgment filed by Thomas L. Vilsack, United States Department of Agriculture, 31 MOTION to Amend/Correct filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on January 24, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/24/2012)
2012-01-2632MOTION for Judgment, Costs and Legal Expenses by Dale B Adams. (Attachments: # 1 Exhibit A Letter USDA)(lw) (Entered: 01/26/2012)
2012-01-27TEXT ONLY ORDER REFERRING MOTION: 32 MOTION for Judgment filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on January 27, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 01/27/2012)
2012-02-0333RESPONSE in Opposition re 31 MOTION to Amend/Correct filed by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 02/03/2012)
2012-02-0334MEMORANDUM BRIEF in Support of 33 Response in Opposition to Motion by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 02/03/2012)
2012-02-0735MOTION and BRIEF in support to Strike 13 Amended Complaint and incriminating pleadings by Dale B Adams. (rw) (Entered: 02/07/2012)
2012-02-08TEXT ONLY ORDER REFERRING MOTION: 35 MOTION to Strike 13 Amended Complaint, filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on February 8, 2012. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 02/08/2012)
2012-02-2736NOTICE of Constitutional Challenge by Dale B Adams (rw) (Entered: 02/27/2012)
2012-03-2937MOTION to Dismiss Case by Dale B Adams. (rw) (Entered: 03/29/2012)
2012-04-0238RESPONSE to Motion re 37 MOTION to Dismiss Case filed by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 04/02/2012)
2012-04-0939MOTION to Withdraw 37 MOTION to Dismiss Case by Dale B Adams. (rw) (Entered: 04/09/2012)
2012-05-03TEXT ONLY ORDER granting 39 Motion to Withdraw Motion; Motions terminated: 37 MOTION to Dismiss Case filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on May 3, 2012. (jlg) (Entered: 05/03/2012)
2012-07-0240ORDER denying 31 Motion to Amend/Correct; denying 32 Motion of Judgment; denying 35 Motion to Strike ; denying 25 Motion for Leave. Signed by Honorable James R. Marschewski on July 2, 2012. (rw) (Entered: 07/02/2012)
2012-08-1041REPORT AND RECOMMENDATIONS re 26 MOTION for Summary Judgment filed by Thomas L. Vilsack, United States Department of Agriculture. Objections to R&R due by 8/27/2012. Signed by Honorable James R. Marschewski on August 10, 2012. (sh) (Entered: 08/10/2012)
2012-09-10TEXT ONLY ORDER canceling bench trial set for 9/24/2012. Signed by Honorable P. K. Holmes, III on September 10, 2012. (jas) (Entered: 09/10/2012)
2012-09-2642ORDER ADOPTING 41 REPORT AND RECOMMENDATIONS and granting in part and denying in part 26 Motion for Summary Judgment, as set forth. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw) (Entered: 09/26/2012)
2012-09-2643MOTION for Extension of Time to File Supplemental Motion by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 09/26/2012)
2012-09-2744ORDER granting 43 Motion for Extension of Time to File until October 26, 2012. Signed by Honorable James R. Marschewski on September 27, 2012. (src) (Entered: 09/27/2012)
2012-10-2645SUPPLEMENT by Defendants United States Department of Agriculture, Thomas L. Vilsack to 27 Memorandum Brief in Support . (Attachments: # 1 Exhibit Vaughn Index, # 2 Exhibit Hannie Declaration, # 3 Exhibit Sullivan Declaration, # 4 Exhibit Oct 24, 2012 Letter to Plaintiff, # 5 Exhibit Petrus Declaration)(Groom, Deborah) (Entered: 10/26/2012)
2012-10-26TEXT ONLY ENTRY: SUPPLEMENTAL MOTION for Summary Judgment by United States Department of Agriculture, Thomas L. Vilsack. (Please see document 45 .) Event docketed for ECF report purposes. (mfr) (Entered: 01/02/2013)
2012-11-0646NOTICE OF APPEAL as to 42 Order Adopting Report and Recommendations by Dale B Adams. (cc via CM/ECF: Deborah Groom, Claude Hawkins; via U.S. Postal Service: Dale Adams ) (jn) (Entered: 11/06/2012)
2012-11-0647APPEAL NOTICE to Counsel and Pro Se Parties re 46 Notice of Appeal filed by Dale B Adams. (jn) (Entered: 11/06/2012)
2012-11-0648NOA SUPPLEMENT FORM re 46 Notice of Appeal filed by Dale B Adams. (jn) (Entered: 11/06/2012)
2012-11-1449USCA Case Number 12-3696, 8th Circuit Court of Appeals for 46 Notice of Appeal filed by Dale B Adams. (jn) (Entered: 11/14/2012)
2013-01-02TEXT ONLY ORDER REFERRING MOTION: SUPPLEMENTAL MOTION for Summary Judgment 45 filed by Thomas L. Vilsack, United States Department of Agriculture to Honorable James R. Marshewski. Signed by Honorable P. K. Holmes, III on January 2, 2013. Motions referred to James R. Marschewski.(mfr) (Entered: 01/02/2013)
2013-02-1150MANDATE of USCA dismissing as premature 46 Notice of Appeal filed by Dale B Adams re district court decision re 42 Order Adopting Report and Recommendation. (Attachments: # 1 USCA Judgment)(cap) (Entered: 02/11/2013)
2013-03-0851MOTION for Mediation filed by Dale B Adams. (Attachments: # 1 Exhibit A-Letter of 10/20/12, # 2 Exhibit B-Affidavit)(sh) (Entered: 03/08/2013)
2013-03-08TEXT ONLY ORDER REFERRING MOTION: 51 MOTION for mediation filed by Dale B Adams. Signed by Honorable P. K. Holmes, III on March 8, 2013. Motions referred to Honorable James R. Marschewski.(jlg) (Entered: 03/08/2013)
2013-06-2052MOTION to Appoint Counsel or MOTION to Dismiss by Dale B Adams. (Attachments: # 1 Exhibit A-E, P and M)(lw) (Entered: 06/20/2013)
2013-07-0253RESPONSE to Motion re 52 MOTION to Appoint Counsel MOTION to Dismiss filed by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 07/02/2013)
2013-07-0254MEMORANDUM BRIEF in Support of 53 Response to Motion for Appointment of Counsel or Motion to Dismiss by United States Department of Agriculture, Thomas L. Vilsack. (Groom, Deborah) (Entered: 07/02/2013)
2013-07-1055REPLY to Response to 52 MOTION to Appoint Counsel MOTION to Dismiss filed by Dale B Adams. (rw) (Entered: 07/10/2013)
2013-08-1456REPORT AND RECOMMENDATIONS re 45 SUPPLEMENTAL MOTION for Summary Judgment filed by Thomas L. Vilsack, United States Department of Agriculture. Objections to R&R due by 9/3/2013. Signed by Honorable James R. Marschewski on August 14, 2013. (lw) (Entered: 08/14/2013)
2013-09-1657ORDER granting 45 Motion for Summary Judgment and plaintiff's case is dismissed with prejudice; denying 51 as MOOT plaintiffs Motion for mediation and denying 52 motion for appointment of counsel, and adopts 56 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on September 16, 2013. (sh) Modified on 9/16/2013 (sh). (Entered: 09/16/2013)
2013-09-1658JUDGMENT re 45 Motion for Summary Judgment in favor of Defendants and against Plaintiffs and case is dismissed with prejudice. Signed by Honorable P. K. Holmes, III on September 16, 2013. (sh) (Entered: 09/16/2013)
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by FOIA Project Staff
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