Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Agricultural Marketing Service conducted an adequate search in response to a request from the Cornucopia Institute for records of the investigation of Diamond D Organics and that it properly withheld records under Exemption 5 (privileges) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Cornucopia Institute, a public interest farm policy organization, requested records concerning the investigation of Diamond D Organics after seeing references to it in records the Institute had previously received under FOIA. Matthew Michael, the Director of the Enforcement Division; and the specialist in charge of the investigation, searched their computer files for records concerning the investigation of Diamond D Organics. That search located 119 records. The agency disclosed 28 pages in full, 78 pages in part, and withheld 13 pages entirely. Cornucopia appealed the decision and the agency released additional information from nine pages. Michael and the specialist also conducted a second search of hard-copy records. They found an additional 21 pages that were released to Cornucopia with redactions. Cornucopia challenged the agency's description of the search. Collyer found the two affidavits filed by Michael were sufficient to explain the search. She noted that "Cornucopia's argument that the description of the second search is conclusory and vague because Mr. Michael failed to explain 'how they applied those two search terms,' cannot prevail because Cornucopia suggests no greater specificity needed to understand [the search] and none is required. Whether further records might exist is not the test to measure the adequacy of a search." Cornucopia suggested that the second search was conducted specifically because the first search was inadequate. But Collyer pointed out that "the fact that the second search identified further records does not invalidate either search." Finding that several records were properly withheld under the deliberative process privilege, Collyer turned to Cornucopia's claim that records withheld under Exemption 7(C) should be disclosed because they served a general public interest. She observed that "while the Court does not discount a general public interest in full disclosure, that general interest is insufficient to allow the release of identities and personal information of third-party individuals named in the files of the [Diamond D Organics] investigation. This Circuit places a strong priority on maintaining individual privacy rights, unless certain kinds of agency misconduct requires their relaxation. Cornucopia fails to grapple with this precedent and fails to specify anything more than the public's general interest. This does not suffice." She upheld the agency's Exemption 7(C) claims as well.
Issues: Adequacy - Search, Exemption 5 - Privileges, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2016-04-07	1	COMPLAINT against AGRICULTURAL MARKETING SERVICE ( Filing fee $ 400 receipt number 0090-4476249) filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 04/07/2016)
2016-04-07		Case Assigned to Judge Rosemary M. Collyer. (jd) (Entered: 04/07/2016)
2016-04-07		SUMMONS Not Issued as to AGRICULTURAL MARKETING SERVICE (SUMMONS NOT FILED WITH COMPLAINT) (jd) (Entered: 04/07/2016)
2016-04-07	2	REQUEST FOR SUMMONS TO ISSUE filed by CORNUCOPIA INSTITUTE.(Stotter, Daniel) (Entered: 04/07/2016)
2016-04-08	3	SUMMONS (3) Issued Electronically as to AGRICULTURAL MARKETING SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Forms)(zrdj) (Entered: 04/08/2016)
2016-04-21	4	NOTICE of Appearance by Jason Todd Cohen on behalf of AGRICULTURAL MARKETING SERVICE (Cohen, Jason) (Entered: 04/21/2016)
2016-05-02	5	Consent MOTION for Extension of Time to File Answer re 1 Complaint by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 05/02/2016)
2016-05-02		MINUTE ORDER granting 5 Defendant's Motion for Extension of Time. Defendant shall respond to the Complaint no later than June 17, 2016 . Signed by Judge Rosemary M. Collyer on 5/2/2016. (lcrmc1) (Entered: 05/02/2016)
2016-05-02		Set/Reset Deadlines/Hearings: Answer to Complaint due by 6/17/2016. (cdw) (Entered: 05/02/2016)
2016-06-02	6	NOTICE of Appearance by C. Peter Sorenson on behalf of CORNUCOPIA INSTITUTE (Sorenson, C.) (Entered: 06/02/2016)
2016-06-17	7	ANSWER to Complaint by AGRICULTURAL MARKETING SERVICE.(Cohen, Jason) (Entered: 06/17/2016)
2016-06-20		MINUTE ORDER requiring the parties to file a joint proposed briefing schedule on dispositive motions no later than July 5, 2016 . Signed by Judge Rosemary M. Collyer on 6/20/2016. (lcrmc1) (Entered: 06/20/2016)
2016-07-01	8	PROPOSED BRIEFING SCHEDULE (Joint) by AGRICULTURAL MARKETING SERVICE. (Cohen, Jason) (Entered: 07/01/2016)
2016-07-01		MINUTE ORDER approving 8 Joint Proposed Briefing Schedule. Defendant shall file a Motion for Summary Judgment no later than September 2, 2016 ; Plaintiff shall file a Combined Cross-Motion/Opposition no later than October 3, 2016 ; Defendant shall file a Combined Reply/Opposition no later than November 14, 2016 ; and Plaintiff shall file a Reply brief no later than December 13, 2016 . Signed by Judge Rosemary M. Collyer on 7/1/2016. (lcrmc1) (Entered: 07/01/2016)
2016-07-01		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 9/2/2016. Response to Motion for Summary Judgment due by 10/3/2016. Reply to Motion for Summary Judgment due by 11/14/2016. Plaintiff's Cross Motion due by 10/3/2016. Response to Cross Motion due by 11/14/2016. Reply to Cross Motion due by 12/13/2016. (cdw) (Entered: 07/01/2016)
2016-09-02	9	MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Declaration of Matthew Michael, # 2 Attachment A to Michael Decl., # 3 Attachment B to Michael Decl., # 4 Attachment C to Michael Decl., # 5 Attachment D to Michael Decl., # 6 Attachment E to Michael Decl., # 7 Attachment F to Michael Decl., # 8 Attachment G to Michael Decl., AMS Vaughn Index, # 9 Proposed Order)(Cohen, Jason) (Entered: 09/02/2016)
2016-10-03	10	MOTION for Summary Judgment by CORNUCOPIA INSTITUTE (Attachments: # 1 Statement of Facts, # 2 Declaration of Mark A. Kastel, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/03/2016)
2016-10-03	11	Memorandum in opposition to re 9 MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Mark Kastel, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/03/2016)
2016-10-19	12	Consent MOTION for Extension of Time to Extend Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 10/19/2016)
2016-10-19		MINUTE ORDER granting 12 Joint Motion for Extension of Time. Defendant's Opposition to Plaintiff's Cross Motion and Reply to Plaintiff's Opposition to Defendant's Cross Motion are now due on December 1, 2016. Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross Motion is now due on December 29th, 2016. Signed by Judge Rosemary M. Collyer on 10/19/2016. (lcrmc1) (Entered: 10/19/2016)
2016-10-19		Set/Reset Deadlines/Hearings: Defendant's reply to Motion for Summary Judgment due by 12/1/2016. Defendant's response to Cross Motion due by 12/1/2016. Plaintiff's reply to Cross Motion due by 12/29/2016. (cdw) (Entered: 10/21/2016)
2016-11-22	13	Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION for Summary Judgment , 9 MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 11/22/2016)
2016-11-23		MINUTE ORDER granting 13 Consent Motion for Extension of Time. Defendant's Opposition to Plaintiff's Cross Motion and Reply to Plaintiff's Opposition to Defendant's Cross Motion are now due on December 9, 2016. Plaintiff's Reply to Defendant's Opposition to Plaintiff's Cross Motion is now due on January 9, 2017. Signed by Judge Rosemary M. Collyer on 11/23/2016. (lcrmc1) (Entered: 11/23/2016)
2016-11-23		Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 12/9/2016. Response to Cross Motion due by 12/9/2016. Reply to Cross Motion due by 1/9/2017. (cdw) (Entered: 11/23/2016)
2016-12-09	14	REPLY to opposition to motion re 9 MOTION for Summary Judgment and Oppositon to Plaintiff's Cross-Motion for Summary Judgment filed by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Second Declaration of Mathew Michael)(Cohen, Jason) (Entered: 12/09/2016)
2016-12-09	15	Memorandum in opposition to re 10 MOTION for Summary Judgment (See ECF No. 14 and 14-1) filed by AGRICULTURAL MARKETING SERVICE. (Cohen, Jason) (Entered: 12/09/2016)
2017-01-03	16	Consent MOTION for Extension of Time to File Response/Reply by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/03/2017)
2017-01-04		MINUTE ORDER granting 16 Motion for Extension of Time to File Response/Reply. Plaintiff shall file its reply on or before January 23, 2017. Signed by Judge Rosemary M. Collyer on 1/4/2017. (lcrmc1) (Entered: 01/04/2017)
2017-01-23	17	REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Stotter, Daniel) (Entered: 01/23/2017)
2017-08-16	18	MEMORANDUM AND OPINION. Signed by Judge Rosemary M. Collyer on 8/16/2017. (lcrmc1) (Entered: 08/16/2017)
2017-08-16	19	ORDER granting Defendant's 9 Motion for Summary Judgment and denying Plaintiff's 10 Cross Motion for Summary Judgment. Judgment is entered in favor of Defendant on all counts. This case is closed. Signed by Judge Rosemary M. Collyer on 8/16/2017. (lcrmc1) (Entered: 08/16/2017)
2017-08-22	20	Consent MOTION to Stay per LCvR 54.2(a) by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 08/22/2017)
2017-08-25		MINUTE ORDER granting 20 Motion to Stay. This case shall be stayed until October 24, 2017. On or before October 24, 2017, parties shall jointly submit a status report concerning status of negotiations regarding fees that includes, if necessary, a proposed briefing schedule. Signed by Judge Rosemary M. Collyer on 8/25/2017. (lcrmc1) (Entered: 08/25/2017)
2017-09-26	21	STIPULATION of Settlement and Dismissal by AGRICULTURAL MARKETING SERVICE. (Cohen, Jason) (Entered: 09/26/2017)
2017-09-26		MINUTE ORDER adopting Parties' Stipulation of Settlement and Dismissal. All remaining issues in this litigation are hereby dismissed with prejudice. Signed by Judge Rosemary M. Collyer on 9/26/2017. (lcrmc1) (Entered: 09/26/2017)
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