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Case TitleCENTER FOR FOOD SAFETY v. UNITED STATES FISH AND WILDLIFE SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv01955
Date Filed2019-06-28
Date Closed2021-03-22
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to U.S. Fish and Wildlife Service for records concerning the agency's consultation regarding ArborGen's genetically engineered Freeze Tolerant Eucalyptus petition. The agency acknowledged receipt of the request and placed it on the complex track for processing. The agency updated its contact information, but after hearing nothing further, CFS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES FISH AND WILDLIFE SERVICE
DefendantFISH AND WILDLIFE SERVICE
1849 C Street, N.W.
Washington, DC 20240
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

2019-06-281COMPLAINT against FISH AND WILDLIFE SERVICE ( Filing fee $ 400 receipt number 0090-6224185) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Attorney General, # 3 Summons for U.S. Attorney, # 4 Summons for Defendant)(Kimbrell, George) (Entered: 06/28/2019)
2019-06-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 06/28/2019)
2019-06-283MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Victoria Yundt, :Firm- Center for Food Safety, :Address- 303 Sacramento Street, 2nd Fl, San Francisco, CA 94111. Phone No. - 415-826-2770. Fax No. - 415-826-0507 Filing fee $ 100, receipt number 0090-6224203. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration for Yundt, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 06/28/2019)
2019-07-02Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 07/02/2019)
2019-07-024SUMMONS (3) Issued Electronically as to UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 07/02/2019)
2019-07-025STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 07/02/2019. (lctnm2) (Entered: 07/02/2019)
2019-07-02MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Counsel Victoria Yundt shall promptly register for this Court's CM/ECF system. Signed by Judge Trevor N. McFadden on 07/02/2019. (lctnm2) (Entered: 07/02/2019)
2019-07-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/15/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES FISH AND WILDLIFE SERVICE served on 7/16/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/2019. (Attachments: # 1 Exhibit of Receipts Verifying Service)(Yundt, Victoria) (Entered: 07/26/2019)
2019-08-157NOTICE of Appearance by Christopher Charles Hair on behalf of UNITED STATES FISH AND WILDLIFE SERVICE (Hair, Christopher) (Entered: 08/15/2019)
2019-08-158ANSWER to Complaint by UNITED STATES FISH AND WILDLIFE SERVICE.(Hair, Christopher) (Entered: 08/15/2019)
2019-08-19MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before September 23, 2019. Signed by Judge Trevor N. McFadden on 8/19/2019. (lctnm2) (Entered: 08/19/2019)
2019-08-19Set/Reset Deadlines: Joint Status Report due by 9/23/2019. (hmc) (Entered: 08/19/2019)
2019-09-239Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 09/23/2019)
2019-09-24MINUTE ORDER. Upon consideration of the parties' 9 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report by October 23, 2019, and every 60 days thereafter until the Defendant completes its response to the Plaintiff's FOIA request. The status report should update the Court on the Defendant's progress responding to the Plaintiff's request for records. Signed by Judge Trevor N. McFadden on 09/24/2019. (lctnm2) (Entered: 09/24/2019)
2019-09-25Set/Reset Deadlines: Joint Status Report due by 10/23/2019, and every 60 days thereafter. (hmc) (Entered: 09/25/2019)
2019-10-2310Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 10/23/2019)
2019-12-2311Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 12/23/2019)
2019-12-23MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before February 21, 2020. The status report should inform the Court of the status of Defendant's response and any disputed issues. The report should also propose a schedule for further proceedings, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/23/2019. (lctnm2) (Entered: 12/23/2019)
2019-12-23Set/Reset Deadlines: Joint Status Report due by 2/21/2020. (hmc) (Entered: 12/23/2019)
2020-02-2112Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 02/21/2020)
2020-02-24MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before April 21, 2020. The status report should propose a briefing schedule if the parties have not reached a settlement by then. If the parties reach a settlement before April 21, 2020, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/24/2020. (lctnm2) (Entered: 02/24/2020)
2020-02-24Set/Reset Deadlines: Joint Status Report due by 4/21/2020. (tg) (Entered: 02/24/2020)
2020-04-2113Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 04/21/2020)
2020-04-22MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before June 19, 2020. The status report should propose a briefing schedule if the parties have not reached a settlement by then. If the parties reach a settlement before June 19, 2020, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/22/2020. (lctnm2) (Entered: 04/22/2020)
2020-04-22Set/Reset Deadlines: Joint Status Report due by 6/19/2020. (hmc) (Entered: 04/22/2020)
2020-06-1914Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 06/19/2020)
2020-06-22MINUTE ORDER. Upon consideration of the 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before August 18, 2020. The status report should propose a briefing schedule if the parties have not reached a settlement by then. If the parties reach a settlement before August 18, 2020, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/2020. (lctnm2) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: Joint Status Report due by 8/18/2020. (hmc) (Entered: 06/22/2020)
2020-08-1815Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 08/18/2020)
2020-08-18MINUTE ORDER. Upon consideration of the 15 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before September 18, 2020. The report should update the Court on the parties' progress in reducing or eliminating disputed issues and should propose a briefing schedule, if appropriate. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/18/2020. (lctnm2) (Entered: 08/18/2020)
2020-08-18Set/Reset Deadlines: Joint Status Report due by 9/18/2020. (ztg) (Entered: 08/18/2020)
2020-09-1816Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 09/18/2020)
2020-09-21MINUTE ORDER. Upon consideration of the 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before November 18, 2020. If the parties finalize a settlement before November 18, 2020, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/21/2020. (lctnm2) (Entered: 09/21/2020)
2020-09-21Set/Reset Deadlines: Joint Status Report due by 11/18/2020. (hmc) (Entered: 09/21/2020)
2020-11-1817Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Yundt, Victoria) (Entered: 11/18/2020)
2020-11-18MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before 1/18/2021. If the parties finalize a settlement before 1/18/2021, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/18/2020. (lctnm2) (Entered: 11/18/2020)
2020-11-19Set/Reset Deadlines: Joint Status Report due by 1/8/2021. (hmc) (Entered: 11/19/2020)
2021-01-0818Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 01/08/2021)
2021-01-11MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before 2/22/2021. If the parties finalize a settlement before 2/22/2021, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/11/2021. (lctnm2) (Entered: 01/11/2021)
2021-01-11Set/Reset Deadlines: Joint Status Report due by 2/22/2021. (hmc) (Entered: 01/11/2021)
2021-02-2219Joint STATUS REPORT by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 02/22/2021)
2021-02-23MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before 3/22/2021. If the parties finalize a settlement before 3/22/2021, then they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/23/2021. (lctnm2) (Entered: 02/23/2021)
2021-02-23Set/Reset Deadlines: Joint Status Report due by 3/22/2021. (hmc) (Entered: 02/23/2021)
2021-03-2220STIPULATION of Dismissal by UNITED STATES FISH AND WILDLIFE SERVICE. (Hair, Christopher) (Entered: 03/22/2021)
2021-03-22MINUTE ORDER. Pursuant to the parties' 20 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2021. (lctnm2) (Entered: 03/22/2021)
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