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Case TitleNatural Resources Defense Council, Inc. v. United States Department of Agriculture et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv09612
Date Filed2014-12-04
Date Closed2016-01-04
JudgeJudge Lorna G. Schofield
PlaintiffNatural Resources Defense Council, Inc.
Case DescriptionThe Natural Resources Defense Council submitted a FOIA request to the Food Safety and Inspection Service at the Department of Agriculture for records concerning the agency's inspection of Foster Farms' facilities and the company's application for approval of label claims for its chicken products. NRDC also requested a fee waiver. The agency provided two interim responses of 300 pages each, but after hearing nothing further pertaining to the processing of its request or whether its fee waiver request would be granted, NRDC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Agriculture
DefendantFood Safety and Inspection Service
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-12-041COMPLAINT against Food Safety and Inspection Service, United States Department of Agriculture. (Filing Fee $ 350.00, Receipt Number 465401111353)Document filed by Natural Resources Defense Council, Inc.(rw) (Entered: 12/08/2014)
2014-12-04SUMMONS ISSUED as to Food Safety and Inspection Service, United States Department of Agriculture. (rw) (Entered: 12/08/2014)
2014-12-04Case Designated ECF. (rw) (Entered: 12/08/2014)
2014-12-042CIVIL COVER SHEET filed. (rw) (Entered: 12/08/2014)
2014-12-04Magistrate Judge Ronald L. Ellis is so designated. (rw) (Entered: 12/08/2014)
2014-12-083RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Certificate of Service)(Marks, Nancy) (Entered: 12/08/2014)
2014-12-114ORDER: Initial Conference set for 1/20/2015 at 11:00 AM in Courtroom 1106, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/11/2014) (kgo) (Entered: 12/11/2014)
2014-12-175NOTICE OF APPEARANCE by Leigh Aaron Wasserstrom on behalf of Food Safety and Inspection Service, United States Department of Agriculture. (Wasserstrom, Leigh) (Entered: 12/17/2014)
2014-12-176MOTION for Sarah C. Tallman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10419938. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Tallman, Sarah) (Entered: 12/17/2014)
2014-12-17>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Sarah C. Tallman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10419938. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 12/17/2014)
2014-12-177CERTIFICATE OF SERVICE of Court Order; Individual Rules served on Leigh Wasserstrom on 12/17/2014. Service was made by Mail. Document filed by Natural Resources Defense Council, Inc.. (Marks, Nancy) (Entered: 12/17/2014)
2015-01-068LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Lorna G. Schofield from Leigh Wasserstrom dated January 6, 2015. Document filed by Food Safety and Inspection Service, United States Department of Agriculture.(Wasserstrom, Leigh) (Entered: 01/06/2015)
2015-01-079ORDER granting 8 Letter Motion for Extension of Time to Answer All Defendants: APPLICATION GRANTED. The time to file an Answer is hereby extended to January 26, 2015. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 01/07/2015)
2015-01-1310LETTER addressed to Judge Lorna G. Schofield from Nancy Marks, Leigh Wasserstrom dated January 13, 2015 re: Court's December 11, 2014 Order. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 01/13/2015)
2015-01-1611AFFIDAVIT OF SERVICE. All Defendants. Service was made by MAIL. Document filed by Natural Resources Defense Council, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Marks, Nancy) (Entered: 01/16/2015)
2015-01-1612ORDER: that the proceeding in this matter, previously scheduled for January 20, 2015 at 11:00 a.m., shall be adjourned to January 27, 2015 at 10:40 a.m., due to a conflict in the Court's schedule. Initial Conference set for 1/27/2015 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 1/16/2015) (tn) (Entered: 01/16/2015)
2015-01-2613LETTER MOTION for Conference (Request for initial pretrial conference to be held via telephone) addressed to Judge Lorna G. Schofield from Nancy Marks dated 1/26/2015. Document filed by Natural Resources Defense Council, Inc..(Marks, Nancy) (Entered: 01/26/2015)
2015-01-2614ORDER granting 6 Motion for Sarah C. Tallman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 01/26/2015)
2015-01-2615ANSWER to 1 Complaint. Document filed by Food Safety and Inspection Service, United States Department of Agriculture.(Wasserstrom, Leigh) (Entered: 01/26/2015)
2015-01-2616LETTER addressed to Judge Lorna G. Schofield from Sarah Tallman, Leigh Wasserstrom dated 1/26/2015 re: rescheduling initial pretrial conference. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 01/26/2015)
2015-01-2617ORDER denying 13 Letter Motion for Conference: APPLICATION DENIED AS MOOT. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 01/26/2015)
2015-01-2618MEMO ENDORSEMENT on re: 16 Letter filed by Natural Resources Defense Council, Inc.. ENDORSEMENT: APPLICATION GRANTED. The conference scheduled for January 27, 2015, at 10:40 a.m. is hereby adjourned to February 3, 2015, at 11:00 a.m. (Signed by Judge Lorna G. Schofield on 1/26/2015) (kgo) (Entered: 01/26/2015)
2015-01-26Set/Reset Hearings: Initial Conference set for 2/3/2015 at 11:00 AM before Judge Lorna G. Schofield. (kgo) (Entered: 01/26/2015)
2015-01-2919JOINT LETTER addressed to Judge Lorna G. Schofield from Sarah Tallman, Leigh Wasserstrom dated 1/29/2015 re: clarification on initial pretrial conference. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 01/29/2015)
2015-01-3020MEMO ENDORSEMENT on re: 19 Letter re: clarification on initial pretrial conference filed by Natural Resources Defense Council, Inc. ENDORSEMENT: APPLICATION GRANTED. The parties may appear by telephone at the conference scheduled for February 3, 2015. (Signed by Judge Lorna G. Schofield on 1/30/2015) (kko) (Entered: 01/30/2015)
2015-02-0321ORDER: It is hereby ORDERED that the parties shall submit a joint letter to the Court no later than February 27, 2015. If the parties have agreed on a schedule for the production of documents responsive to Plaintiff's FOIA request, they shall provide a proposed order with the applicable deadlines; if the parties have failed to reach agreement, they shall so inform the Court. (Signed by Judge Lorna G. Schofield on 2/3/2015) (kgo) (Entered: 02/04/2015)
2015-02-03Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 2/3/2015. (Court Reporter Jerry Harrison) (jcs) (Entered: 02/04/2015)
2015-03-0222STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government that: The Government will process and release non-exempt records that are responsive to NRDC's Request and were created or received by the Government during the period of March 7, 2013, to March 7, 2014, on a rolling basis in the manner described in Paragraphs 2 through 5 below. By July 17, 2015, the Government will complete its production of all non-exempt records that are responsive to NRDC's Request and were created or received by the Government during the time period of March 7, 2013, to March 7, 2014. No later than March 27, 2015, the Government will complete production of its "application files" for all of Foster Farms' applications to the Food Safety and Inspection Service for approval of label claims for its chicken products, created or received by the Government during the period of March 7, 2013, to March 7, 2014, to the extent that the records contained in such application files are non-exempt from disclosure under FOIA, and the following as further set forth herein. Regardless of whether or to what extent further litigation ensues, NRDC reserves its right to seek attorneys' fees and costs under 5 U.S.C. § 552(a)(4)(E). The parties shall provide a status report to the Court every 30 days from the date of this Order. (Signed by Judge Lorna G. Schofield on 3/2/2015) (kgo) (Entered: 03/03/2015)
2015-04-0123STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 04/01/2015)
2015-05-0124STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 05/01/2015)
2015-06-0125STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 06/01/2015)
2015-07-0126STATUS REPORT. Document filed by Food Safety and Inspection Service, United States Department of Agriculture.(Wasserstrom, Leigh) (Entered: 07/01/2015)
2015-07-3127STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 07/31/2015)
2015-08-3128STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 08/31/2015)
2015-09-3029STATUS REPORT. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 09/30/2015)
2015-10-1330STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government, and subject to endorsement by the Court, that: 1. NRDC's claims have been resolved, with the exception of its claim to recover attorneys' fees and costs incurred in this action under 5 U.S.C. § 552(a)(4)(E). 2. The Court shall retain jurisdiction over this action for the limited purpose of adjudicating NRDC's claim for attorneys' fees and costs. 3. The parties will in good faith attempt to resolve NRDC's claim for attorneys' fees and costs. If the parties cannot do so, then NRDC will file a motion for attorneys' fees and costs with the Court on or before December 8, 2015. 4. Once NRDC's claim for attorneys' fees and costs has been resolved, this case will be closed. The parties are no longer required to file a status letter every 30 days. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/13/2015) (kgo) (Entered: 10/13/2015)
2015-10-2831NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Food Safety and Inspection Service, United States Department of Agriculture. (Aronoff, Peter) (Entered: 10/28/2015)
2015-12-0132LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Sarah Tallman dated December 1, 2015. Document filed by Natural Resources Defense Council, Inc..(Tallman, Sarah) (Entered: 12/01/2015)
2015-12-0233ORDER granting 32 Letter Motion for Extension of Time. The date for filing the motion for attorneys' fees and costs is extended to January 7, 2016. Motions due by 1/7/2016. (Signed by Judge Lorna G. Schofield on 12/2/2015) (kgo) (Entered: 12/02/2015)
2016-01-0434STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, by and between NRDC and the Government, and subject to endorsement by the Court, that: 1. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, the Government shall pay to NRDC the sum of eleven thousand dollars ($11,000) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by NRDC for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for NRDC will provide the necessary information to counsel for the Government to effectuate the transfer. 2. NRDC releases and discharges the United States Department of Agriculture, the Food Safety and Inspection Service, and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that NRDC asserted, or could have asserted, in this litigation arising out of NRDC's March 7, 2014, FOIA Request. 3. This action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. The Clerk of Court is directed to close this case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 1/4/2016) (kgo) (Entered: 01/04/2016)
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