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Case TitleTEXAS INSTITUTE FOR HEALTHY KIDS v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01844
Date Filed2018-08-07
Date ClosedOpen
JudgeJudge Dabney L. Friedrich
PlaintiffTEXAS INSTITUTE FOR HEALTHY KIDS
Case DescriptionTexas Institute for Healthy Kids submitted a FOIA request to the Agricultural Research Service at the Department of Agriculture for records concerning the National Nutrient Database for Standard Reference Release 28 pertaining to data from testing chicken noodle soup, white bread, eggs, and potatoes. The agency acknowledged receipt of the request. The agency withheld the majority of the records under Exemption 4 (confidential business information) and disclosed only heavily redacted records. TIHK filed an administrative appeal of the decision, but after hearing nothing further from the agency, TIHK filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-071COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 400 receipt number 0090-5625850) filed by TEXAS INSTITUTE FOR HEALTHY KIDS. (Attachments: # 1 Civil Cover Sheet)(Stotter, Daniel) (Entered: 08/07/2018)
2018-08-072REQUEST FOR SUMMONS TO ISSUE (3) filed by TEXAS INSTITUTE FOR HEALTHY KIDS.(Stotter, Daniel) (Entered: 08/07/2018)
2018-08-07Case Assigned to Judge Dabney L. Friedrich. (zmd) (Entered: 08/08/2018)
2018-08-093SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 08/09/2018)
2018-09-134NOTICE of Appearance by Patricia K. McBride on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (McBride, Patricia) (Entered: 09/13/2018)
2018-09-135WITHDRAWN PURSUANT TO DOCKET ENTRY 6 .....MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) Modified on 9/24/2018 (jf). (Entered: 09/13/2018)
2018-09-136ERRATA by UNITED STATES DEPARTMENT OF AGRICULTURE. (McBride, Patricia) (Entered: 09/13/2018)
2018-09-147Unopposed MOTION for Extension of Time to File Answer by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 09/14/2018)
2018-10-018NOTICE of Appearance by C. Peter Sorenson on behalf of All Plaintiffs (Sorenson, C.) (Entered: 10/01/2018)
2018-10-03MINUTE ORDER granting the defendant's 7 Unopposed Motion for Enlargement of Time. Accordingly, the defendant's response to the complaint shall be filed on or before October 22, 2018, which is the next business day after the Saturday date the defendant proposed. Signed by Judge Dabney L. Friedrich on October 3, 2018. (JK) (Entered: 10/03/2018)
2018-10-03Set/Reset Deadlines: Answer due by 10/22/2018. (JK) (Entered: 10/03/2018)
2018-10-209ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(McBride, Patricia) (Entered: 10/20/2018)
2018-10-22MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The parties shall file the joint status report on or before November 12, 2018. Signed by Judge Dabney L. Friedrich on October 22, 2018. (JK) (Entered: 10/22/2018)
2018-11-1310Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 11/13/2018)
2018-11-20MINUTE ORDER. Upon consideration of the parties 10 Joint Status Report, it is ORDERED that the defendants motion for summary judgment and supporting Vaughn index shall be filed on or before January 30, 2019; the plaintiffs combined opposition and cross-motion for summary judgment shall be filed on or before February 28, 2019; the defendants combined opposition and reply shall be filed on or before March 28, 2019; and the plaintiffs reply shall be filed on or before April 26, 2019. (JK) Minute Order modified on 11/26/2018 to reflect correct deadlines (zjl). (Entered: 11/20/2018)
2018-11-26Set/Reset Deadlines: The defendant's summary judgment motions due by 1/30/2019. The plaintiff's combined opposition and cross-motion for summary judgment due by 2/28/2019. The defendant's opposition and reply due by 3/28/2019. The plaintiff's reply due by 4/26/2019. (JK) (Entered: 11/26/2018)
2019-01-0911NOTICE of Appearance by Sean Terrell Malone on behalf of TEXAS INSTITUTE FOR HEALTHY KIDS (Malone, Sean) (Entered: 01/09/2019)
2019-01-2312Consent MOTION to Stay , MOTION for Extension of Time to in Light of Lapse of Appropriations by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Hudak, Brian) (Entered: 01/23/2019)
2019-02-2013Unopposed MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit Joint Status Report and Order)(McBride, Patricia) (Entered: 02/20/2019)
2019-02-26MINUTE ORDER. Upon consideration of the defendant's 13 Motion to File Joint Status Report Nunc Pro Tunc and the parties' [13-1] Joint Status Report, it is ORDERED as follows: the 13 Motion to File Joint Status Report Nunc Pro Tunc is GRANTED; the defendant's motion for summary judgment shall be filed on or before April 5, 2019; the plaintiff's combined opposition to the defendant's motion for summary judgment and cross motion for summary judgment shall be filed on or before May 6, 2019; the defendant's combined opposition to the cross motion for summary judgment and reply shall be filed on or before June 7, 2019; and the plaintiff's reply shall be filed on or before July 12, 2019. It is further ORDERED that the 12 Consent Motion for a Stay is DENIED as moot. Signed by Judge Dabney L. Friedrich on February 26, 2019. (JK) (Entered: 02/26/2019)
2019-02-26Set/Reset Deadlines: Summary Judgment motion due by 4/5/2019. Response to Motion for Summary Judgment and Cross Motion for Summary Judgment due by 5/6/2019. Reply to Motion for Summary Judgment and Opposition to Cross Motion for Summary Judgment due by 6/7/2019. Reply to Cross Motion for Summary Judgment due by 7/12/2019. (JK) (Entered: 02/26/2019)
2019-02-26Set/Reset Deadlines/Hearings: Cross Motion due by 5/6/2019. Response to Cross Motion due by 6/7/2019. Reply to Cross Motion due by 7/12/2019. (zcdw) (Entered: 02/27/2019)
2019-04-0314MOTION for Extension of Time to File a Dispositive Motion by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 04/03/2019)
2019-04-03MINUTE ORDER granting the defendant's unopposed 14 Motion for Extension of Time. The defendant's Motion for Summary Judgment shall be filed on or before April 17, 2019. Signed by Judge Dabney L. Friedrich on April 3, 2019. (lcdlf3) Modified signature date on 4/4/2019 (zcdw). (Entered: 04/03/2019)
2019-04-0315ERRATA by UNITED STATES DEPARTMENT OF AGRICULTURE 14 MOTION for Extension of Time to File a Dispositive Motion filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 04/03/2019)
2019-04-05MINUTE ORDER. In light of the defendant's 15 Errata Notice, correcting the content of their previous 14 Motion for Extension of Time, it is ORDERED that the briefing schedule will be adjusted as follows: the defendant's motion for summary judgment shall be filed on or before April 17, 2019; the plaintiff's combined opposition to the defendant's motion for summary judgment and cross motion for summary judgment shall be filed on or before May 20, 2019; the defendant's combined opposition to the cross motion for summary judgment and reply shall be filed on or before June 19, 2019; and the plaintiff's reply shall be filed on or before July 24, 2019. Signed by Judge Dabney L. Friedrich on April 5, 2019. (lcdlf3) (Entered: 04/05/2019)
2019-04-05Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 4/17/2019. Response to Motion for Summary Judgment due by 5/20/2019. Reply to Motion for Summary Judgment due by 6/19/2019. Plaintiff's Cross Motion due by 5/20/2019. Response to Cross Motion due by 6/19/2019. Reply to Cross Motion due by 7/24/2019. (zcdw) (Entered: 04/05/2019)
2019-04-1716Unopposed MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF AGRICULTURE (McBride, Patricia) (Entered: 04/17/2019)
2019-04-1717Unopposed MOTION for Extension of Time to by UNITED STATES DEPARTMENT OF AGRICULTURE (McBride, Patricia) (Entered: 04/17/2019)
2019-04-19MINUTE ORDER granting the defendant's 17 Motion for Enlargement of Time to file a dispositive motion. Accordingly, it is ORDERED that the parties shall file a joint status report on or before May 30, 2019. It is further ORDERED that the defendant's duplicate 16 Motion for Enlargement of Time is denied as moot. Signed by Judge Dabney L. Friedrich on April 19, 2019. (Entered: 04/19/2019)
2019-04-19Set/Reset Deadlines: Parties Joint Status Report due by 5/30/2019. (mac) (Entered: 04/19/2019)
2019-05-2118Joint STATUS REPORT by TEXAS INSTITUTE FOR HEALTHY KIDS. (Stotter, Daniel) (Entered: 05/21/2019)
2019-05-21MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 28, 2019. Signed by Judge Dabney L. Friedrich on May 21, 2019. (lcdlf3) (Entered: 05/21/2019)
2019-05-21Set/Reset Deadlines: Joint Status Report due by 6/28/2019. (zcal) (Entered: 05/21/2019)
2019-06-2719Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (McBride, Patricia) (Entered: 06/27/2019)
2019-07-03MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 22, 2019. Signed by Judge Dabney L. Friedrich on July 3, 2019. (lcdlf3) (Entered: 07/03/2019)
2019-07-03Set/Reset Deadlines: Joint Status Report due by 8/22/2019. (zcal) (Entered: 07/03/2019)
2019-07-3020STIPULATION of Settlement by UNITED STATES DEPARTMENT OF AGRICULTURE. (McBride, Patricia) (Entered: 07/30/2019)
2019-07-30MINUTE ORDER dismissing this case with prejudice in light of the parties' 20 Notice of Settlement and Stipulation of Dismissal. See Fed. R. Civ. P. 41(a). The Clerk of Court is directed to close this case. Signed by Judge Dabney L. Friedrich on July 30, 2019. (lcdlf3) (Entered: 07/30/2019)
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