Case Detail

FOIA Project Annotation: A federal court in California has ruled that the Farm Service Agency has so far failed to conduct an adequate search for records concerning its processing of FOIA requests and appeals from a coalition of environmental advocacy groups, including the Public Justice Foundation, the Anima Legal Defense Fund, the Center for Biological Diversity, the Center for Food Safety, and Food & Water Watch. The agency's first search yielded 29,830 pages of responsive records. The agency ultimately disclosed those records with partial redactions of 153 pages. Another search yielded 30,204 pages. The agency released 21,085 pages of those documents, withholding about 9,000 records under Exemption 5 (privileges). However, the agency subsequently released those 9,000 pages apparently in an attempt to avoid litigating the privilege claims. In response, the coalition tried to provide FSA better guidance on what records they believed were responsive. Judge William Alsup found the current searches were not sufficient to locate records responsive to the groups' FOIA requests. He pointed that "there is no doubt that the agency's supplemental search uncovered troves of at least nominally relevant documents. But the relevant question is whether the search rated adequate, not the results." Alsup pointed out that "after spending more than a year clarifying plaintiffs' request, the agency's decision to ignore the clarifying information it sought and instead to perform the search based on a plain reading of the original request ranked as unreasonable." He indicated that the groups provided clarification of the request for FSA, although he agreed that the clarification was probably too vague. However, he observed that "the agency's renewed search, however, did not factor in any of the clarifying information it then had." He pointed out that "given that plaintiffs sought records pertaining to how the agency responds to plaintiffs' FOIA requests specifically, a reasonable search should have at least searched using plaintiffs' names. Instead, the agency unreasonably designed its search to capture only generally applicable policies." Alsup ordered the parties to work together to design and perform an adequate search. He noted that "plaintiffs are warned, however, that a search within these parameters will not be viewed as unreasonably narrow."
Issues: Search - Reasonableness of search

FOIA Project Annotation: A federal court in California has rejected most of the exemption claims made by the Farm Service Agency under Exemption 3 (other statutes), Exemption 4 (commercial and confidential), and Exemption 6 (invasion of privacy) in response to FOIA requests submitted by five public interest groups â€" the Public Justice Foundation, the Animal Rights Legal Defense Fund, the Center for Biological Diversity, the Center for Food Safety, and Food & Water Watch â€" for records concerning applications to its farm loan program and information pertinent to those applications. In its claim for withholding records under Exemption 3, the agency pointed to 7 U.S.C. § 8791 of the Food, Conservation, and Energy Act, which allows the agency to withhold information provided by farmers concerning their agricultural operations, practices or the land itself submitted in order to participate in such programs, with exceptions for the disclosure of payment information and the identify of payees, the disclosure of aggregated non-identifiable information, and the disclosure of identifying information with consent. The agency argued that without consent from the farmers none of the information was disclosable. In response, the public interest groups argued that any information that identified payment information should be disclosed. After reviewing the legislative history of § 8791, which he found unhelpful, Judge William Alsup largely sided with the public interest groups. He noted that ""no decisions, moreover, specifically analyze the applicability of the term 'payment information' on loans or loan guarantees or whether information steps removed from the payments themselves are properly disclosed as 'payment information.'" He indicated that "so this order will apply common sense. Names, addresses, amounts, and dates are crucial context to follow taxpayers' money, which seems to be the point of the 'payment information' exception. Therefore, the agency must turn over all documents necessary to disclose the names and addresses of all recipients of the loan funds in question as well as dollar amounts, and dates paid by the agency to the recipient." Alsup then observed that "a closer call arises when the payment is earmarked by the agency for a specific purpose. Must that limitation be disclosed?" Alsup noted that when farmers applied for funds, no circumscriptions were included. But he pointed out, that "if, however, the agency itself limits or circumscribes use of the payment to a specific purpose as specified in the application, then that specific passage in the application is disclosable under Section 8791." Turning to Exemption 4, Alsup found the agency had failed to show it had provided assurances of confidentiality to the loan applicants. He pointed out that "the application's statement that it 'may' disclose the information to 'government agencies' and nongovernmental entities that have authorized access' is not an assurance of confidentiality. It seems quite the opposite: a warning that under some circumstances, information will be disclosed." The agency argued that the court should analogize the situation here with the Supreme Court's finding of implicit assurances of confidentiality that it recognized in the context of Exemption 7(D) (confidential sources) in Dept of Justice v. Landano, 508 U.S. 165 (1993). Alsup rejected the Landano analogy, noting that "this order declines FSA's suggestion to import Landano,'s considerations of 'general circumstances' that imply confidentiality in the law enforcement context to enlarge Exemption 4 in the commercial context. Exemption 4 does not permit FSA to withhold loan application information or payment information related to loans because, here, no confidentiality assurance was provided." Alsup also found that Exemption 6 did not apply. He observed that "there is a substantially weighty public interest in administration of FSA programs that disburse taxpayer dollars. The public cannot understand the loan program without knowing loan payment amounts, names and addresses of recipients, and earmarks for those federal funds."
Issues: Exemption 3 - Limited agency discretion, Exemption 4 - Confidential business information, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2020-02-12	1	COMPLAINT for Declaratory and Injunctive Relief against Farm Service Agency, (Filing Fee: $400.00, receipt number 0971-14169911). Filed by Public Justice Foundation. (Attachments: #(1) Civil Cover Sheet)(Smith, Kellan) (Filed on 2/12/2020) Modified on 2/13/2020 (tnS, COURT STAFF). (Entered: 02/12/2020)
2020-02-12	2	Proposed Summons. (Smith, Kellan) (Filed on 2/12/2020) (Entered: 02/12/2020)
2020-02-12	3	Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/26/2020. (bwS, COURT STAFF) (Filed on 2/12/2020) (Entered: 02/12/2020)
2020-02-12	4	Certification of Interested Parties or Entities filed by Public Justice Foundation (Smith, Kellan) (Filed on 2/12/2020) (Entered: 02/12/2020)
2020-02-13	5	Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 5/7/2020. Initial Case Management Conference set for 5/14/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. (tnS, COURT STAFF) (Filed on 2/13/2020) (Entered: 02/13/2020)
2020-02-13	6	Summons Issued as to Defendant Farm Service Agency. (tnS, COURT STAFF) (Filed on 2/13/2020) (Entered: 02/13/2020)
2020-02-24	7	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Public Justice Foundation.. (Smith, Kellan) (Filed on 2/24/2020) (Entered: 02/24/2020)
2020-02-24	8	CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 2/24/2020) (Entered: 02/24/2020)
2020-02-25	9	ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 2/25/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 2/25/2020) (Entered: 02/25/2020)
2020-02-25	10	CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 5/14/2020. Initial Case Management Conference set for 5/21/2020 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's webpage at www.cand.uscourts.gov/whaorders. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing date on a Thursday at 08:00 AM. The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 2/25/2020) (Entered: 02/25/2020)
2020-03-03	11	CERTIFICATE OF SERVICE by Public Justice Foundation (Attachments: # 1 Exhibit)(Smith, Kellan) (Filed on 3/3/2020) (Entered: 03/03/2020)
2020-03-06	12	STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT filed by Farm Service Agency. (Attachments: #(1) Declaration)(Wolinsky, Benjamin) (Filed on 3/6/2020) (Entered: 03/06/2020)
2020-03-11	13	ORDER DENYING 12 STIPULATION TO EXTEND TIME AND DELAY CMC. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 3/11/2020) (Entered: 03/11/2020)
2020-03-13	14	STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND filed by Farm Service Agency. (Wolinsky, Benjamin) (Filed on 3/13/2020) (Entered: 03/13/2020)
2020-04-24	15	ANSWER to Complaint filed by Farm Service Agency. (Wolinsky, Benjamin) (Filed on 4/24/2020) (Entered: 04/24/2020)
2020-04-30	16	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Smith, Kellan) (Filed on 4/30/2020) (Entered: 04/30/2020)
2020-04-30	17	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certificatiob for Defendant (Brakebill, Kenneth) (Filed on 4/30/2020) (Entered: 04/30/2020)
2020-05-14	18	*** FILED IN ERROR. PLEASE SEE DOCKET # 19 . *** ORDER RE MAY 21 CMC. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 5/14/2020) Modified on 5/14/2020 (tlhS, COURT STAFF). (Entered: 05/14/2020)
2020-05-14	19	AMENDED ORDER RE MAY 21 CMC. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)
2020-05-14	20	CLERK'S NOTICE RE 5/21/2020 HEARING: Initial Case Management Conference set for 5/21/2020 11:00 AM before Judge William Alsup will be held by telephone. The Court circulates the following dial-in information to allow the equivalent of a public hearing: Teleconference Number: 888-684-8852 Access Code: 3707514 Please allow adequate time to check-in with the courtroom deputy by connecting to the teleconference line 10 minutes prior to the scheduled start time. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)
2020-05-14	21	JOINT INITIAL CASE MANAGEMENT STATEMENT & RULE 26(F) REPORT filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 5/14/2020) (Entered: 05/14/2020)
2020-05-21	22	Minute Entry for proceedings held before Judge William Alsup: Telephonic Initial Case Management Conference held on 5/21/2020. Court to issue written order. (Total Time in Court: 27 minutes.) Court Reporter: Debra Pas. Plaintiff Attorney: Kellan Smith. Defendant Attorney: Ken Brakebill. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 5/21/2020) (Entered: 05/21/2020)
2020-05-27	23	CASE MANAGEMENT SCHEDULING ORDER AND BRIEFING SCHEDULE. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 5/27/2020) (Entered: 05/27/2020)
2020-06-24	24	STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINE TO FILE VAUGHN INDEX re 23 Order filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 6/24/2020) (Entered: 06/24/2020)
2020-06-25	25	ORDER GRANTING 24 STIPULATION REGARDING DEADLINE TO FILE VAUGHN INDEX. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 6/25/2020) (Entered: 06/25/2020)
2020-06-25	26	NOTICE OF FILING OF AGENCY DECLARATION PURSUANT TO MAY 27, 2020 ORDER re 23 Order, 25 Order on Stipulation filed by Farm Service Agency. (Attachments: #(1) Declaration)(Brakebill, Kenneth) (Filed on 6/25/2020) (Entered: 06/25/2020)
2020-07-27	27	RESPONSE re 25 Order on Stipulation by Farm Service Agency. (Brakebill, Kenneth) (Filed on 7/27/2020) (Entered: 07/27/2020)
2020-08-10	28	NOTICE OF MOTION AND MOTION CHALLENGING DEFICIENCIES IN FSAS REVISED SEARCH AND PRODUCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Public Justice Foundation. Motion Hearing set for 9/17/2020 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 8/24/2020. Replies due by 8/31/2020. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 [Proposed] Order)(Smith, Kellan) (Filed on 8/10/2020) (Entered: 08/10/2020)
2020-08-24	29	OPPOSITION/RESPONSE to (re 28 MOTION Challenging Defendant FSA's Revised Search and Production ) filed by Farm Service Agency. (Attachments: # 1 Declaration)(Brakebill, Kenneth) (Filed on 8/24/2020) (Entered: 08/24/2020)
2020-08-31	30	REPLY (re 28 MOTION Challenging Defendant FSA's Revised Search and Production ) filed by Public Justice Foundation. (Smith, Kellan) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-09-09	31	CLERK'S NOTICE Continuing Motion Hearing and Setting Telephonic Hearing. The Motion Hearing set for 9/17/2020 (Related documents(s) 28 ) is continued to 9/23/2020 at 12:30 PM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 9/9/2020) (Entered: 09/09/2020)
2020-09-21	32	STIPULATION AND [PROPOSED] ORDER TO CONTINUE SEPTEMBER 23, 2020 HEARING filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 9/21/2020) (Entered: 09/21/2020)
2020-09-22	33	ORDER by Judge William Alsup granting 32 Stipulation and Order to Continue September 23, 2020 Hearing. (amd2S, COURT STAFF) (Filed on 9/22/2020) (Entered: 09/22/2020)
2020-09-22	34	CLERK'S NOTICE CONTINUING MOTION HEARING. Pursuant to stipulation of the parties and the Court's order at 33 the Motion Hearing set for 9/23/2020 is continued to 11/5/2020 at 8:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 9/22/2020) (Entered: 09/22/2020)
2020-10-05	35	ORDER GRANTING 28 PLAINTIFFS' MOTION CHALLENGING DEFICIENCIES IN FSAS REVISED SEARCH AND PRODUCTION. By Judge Alsup. Case Management Statement due by 11/12/2020. Telephonic Case Management Conference set for 11/19/2020 11:00 AM before Judge William Alsup. (whalc3, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020)
2020-10-07	36	CLERK'S NOTICE SETTING TELEPHONIC HEARING. The Initial Case Management Conference set for 11/19/2020 will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 10/7/2020) (Entered: 10/07/2020)
2020-11-05	37	STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF AGENCY DECLARATION AND VAUGHN INDEX filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 11/5/2020) (Entered: 11/05/2020)
2020-11-10	38	ORDER GRANTING 37 STIPULATION REGARDING FILING OF AGENCY DECLARATION AND VAUGHN INDEX. By Judge Alsup. Case Management Statement due by 11/24/2020. Telephone Conference set for 12/3/2020 11:00 AM before Judge William Alsup.(whalc3, COURT STAFF) (Filed on 11/10/2020) (Entered: 11/10/2020)
2020-11-12	39	NOTICE OF FILING OF AGENCY DECLARATION, VAUGHN INDEX PURSUANT TO NOVEMBER 10, 2020 ORDER re 38 Order on Stipulation filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 11/12/2020) (Entered: 11/12/2020)
2020-11-24	40	JOINT CASE MANAGEMENT UPDATE filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 11/24/2020) Modified on 4/19/2021 (whalc3, COURT STAFF). (Entered: 11/24/2020)
2020-12-01	41	CLERK'S NOTICE. The Further Case Management Conference set for 12/3/2020 at 11:00 AM will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)
2020-12-03	42	Minute Entry for proceedings held before Judge William Alsup: Further Case Management Conference held on 12/3/2020 by AT&T Conference line. The parties shall submit a joint statement on 1/18/2021. Further Case Management Conference set for 1/21/2021 at 11:00 AM. Total Time in Court: 10 minutes. Court Reporter: Ruth Levine Ekhaus. Plaintiff Attorney: Kellan Smith. Defendant Attorney: Ken Brakebill. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 12/3/2020) (Entered: 12/03/2020)
2020-12-03	43	CLERK'S NOTICE SETTING TELEPHONIC HEARING. Further Case Management Conference set for 1/21/2021 at 11:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)
2021-01-19	44	JOINT CASE MANAGEMENT STATEMENT filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 1/19/2021) (Entered: 01/19/2021)
2021-01-21	45	Minute Entry for proceedings held before Judge William Alsup: Further Case Management Conference held on 1/21/2021 by AT&T Conference line. The Court adopted the schedule in 44 Joint Case Management Statement, except the hearing on plaintiffs' motion shall be set for 4/8/2021 at 8:00 AM. The briefing schedule will thus be as follows: Plaintiffs to File Opening Motion to Challenge Withholdings on February 18, 2021 Defendants to File Opposition on March 18, 2021 Plaintiffs to File Reply on March 25, 2021 Hearing on Plaintiffs Motion on April 8, 2021 at 8:00 AM. Total Time in Court: 4 minutes. Court Reporter: Belle Ball. Plaintiff Attorney: Kellan Smith. Defendant Attorney: Ken Brakebill. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 1/21/2021) (Entered: 01/21/2021)
2021-02-18	46	NOTICE OF MOTION AND MOTION Challenging Defendant FSA's Withholdings Under FOIA; Memorandum of Points and Authorities in Support Thereof filed by Public Justice Foundation. Motion Hearing set for 4/8/2021 08:00 AM before Judge William Alsup. Responses due by 3/18/2021. Replies due by 3/25/2021. (Attachments: # 1 Declaration, # 2 [Proposed] Order)(Smith, Kellan) (Filed on 2/18/2021) (Entered: 02/18/2021)
2021-03-18	47	OPPOSITION/RESPONSE to (re 46 MOTION Challenging Defendant FSA's Withholdings Under FOIA ) filed by Farm Service Agency. (Attachments: # 1 Declaration KIMBERLY MORRIS)(Brakebill, Kenneth) (Filed on 3/18/2021) (Entered: 03/18/2021)
2021-03-25	48	REPLY (re 46 MOTION Challenging Defendant FSA's Withholdings Under FOIA ) filed byPublic Justice Foundation. (Smith, Kellan) (Filed on 3/25/2021) (Entered: 03/25/2021)
2021-03-30	49	CLERK'S NOTICE Continuing Motion Hearing. The Motion Hearing as to 46 MOTION Challenging Defendant FSA's Withholdings Under FOIA, set for 4/8/2021 is continued to 4/22/2021 at 08:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) 46 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 3/30/2021) (Entered: 03/30/2021)
2021-04-08	50	CLERK'S NOTICE Continuing Motion Hearing. The Motion Hearing as to 46 MOTION Challenging Defendant FSA's Withholdings Under FOIA, set for 4/22/2021 is continued to 4/28/2021 at 08:00 AM before Judge William Alsup. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone. For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: (888) 684-8852 Access Code: 3707514 The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) 46 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Filed on 4/8/2021) (Entered: 04/08/2021)
2021-04-19	51	REQUEST REGARDING AGGREGATED INFORMATION. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)
2021-04-23	52	Supplemental Brief re 46 MOTION Challenging Defendant FSA's Withholdings Under FOIA , 51 Order filed byPublic Justice Foundation. (Related document(s) 46 , 51 ) (Smith, Kellan) (Filed on 4/23/2021) (Entered: 04/23/2021)
2021-04-23	53	NOTICE OF FILING OF AGENCY RESPONSE TO COURTS REQUEST REGADING AGGREGATED INFORMATION (ECF NO. 51 Order) filed by Farm Service Agency. (Attachments: # 1 Declaration Amber Ross)(Brakebill, Kenneth) (Filed on 4/23/2021) (Entered: 04/23/2021)
2021-04-28	54	Minute Entry for proceedings held before Judge William Alsup: Motion Hearing held on 4/28/2021 by AT&T Conference line re 46 MOTION Challenging Defendant FSA's Withholdings Under FOIA. The Court heard oral arguments and took the motion under submission. Total Time in Court: 47 minutes. Court Reporter: Ana Dub. Plaintiff Attorney: Kellan Smith. Defendant Attorney: Ken Brakebill. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amd2S, COURT STAFF) (Date Filed: 4/28/2021) (Entered: 04/28/2021)
2021-05-10	55	ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION RE FOIA WITHHOLDINGS. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)
2021-07-27	56	JOINT CASE MANAGEMENT STATEMENT UPDATE filed by Farm Service Agency. (Brakebill, Kenneth) (Filed on 7/27/2021) (Entered: 07/27/2021)
2021-08-11	57	MOTION to Withdraw as Attorney for Victoria A. Yundt filed by Center for Food Safety. Responses due by 8/25/2021. Replies due by 9/1/2021. (Yundt, Victoria) (Filed on 8/11/2021) (Entered: 08/11/2021)
2021-08-11	58	MOTION for leave to appear in Pro Hac Vice David S. Muraskin ( Filing fee $ 317, receipt number 0971-16274554.) filed by Animal Legal Defense Fund, Center For Biological Diversity, Center for Food Safety, Food & Water Watch, Public Justice Foundation. (Attachments: # 1 Exhibit Certificate of Good Standing)(Muraskin, David) (Filed on 8/11/2021) (Entered: 08/11/2021)
2021-08-16	59	ORDER by Judge William Alsup granting 58 Motion for Pro Hac Vice by David S. Muraskin. (amd2S, COURT STAFF) (Filed on 8/16/2021) (Entered: 08/16/2021)
2021-08-16	60	NOTICE of Change In Counsel by Kellan Richard Smith (Smith, Kellan) (Filed on 8/16/2021) (Entered: 08/16/2021)
2021-08-16	61	NOTICE of Change In Counsel by Victoria A. Yundt - CORRECTION OF DOCKET # 57 (Yundt, Victoria) (Filed on 8/16/2021) (Entered: 08/16/2021)
2022-06-07	62	ORDER REQUESTING STATUS UPDATE. Signed by William Alsup. (whalc4, COURT STAFF) (Filed on 6/7/2022). (Entered: 06/07/2022)
2022-06-14	63	STATUS REPORT JOINT STATUS UPDATE by Farm Service Agency. (Brakebill, Kenneth) (Filed on 6/14/2022) (Entered: 06/14/2022)
2022-06-16	64	ORDER SETTING DEADLINE. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 6/16/2022). (Entered: 06/16/2022)
2022-09-20	65	JOINT STATUS UPDATE by Farm Service Agency. (Brakebill, Kenneth) (Filed on 9/20/2022) Modified text on 9/21/2022 (dhm, COURT STAFF). (Entered: 09/20/2022)
2022-09-21	66	ORDER EXTENDING DEADLINE. Signed by Judge William Alsup. (whalc4, COURT STAFF) (Filed on 9/21/2022). (Entered: 09/21/2022)
2022-10-11	67	STIPULATION WITH PROPOSED ORDER OF SETTLEMENT AND DISMISSAL WITH PREJUDICE re 66 Order filed by Farm Service Agency, Animal Legal Defense Fund, Center For Biological Diversity, Center for Food Safety, Food & Water Watch and Public Justice Foundation. (Brakebill, Kenneth) (Filed on 10/11/2022) Modified on 10/12/2022 (jml, COURT STAFF). (Entered: 10/11/2022)
2022-10-12	68	ORDER by Judge William Alsup granting 67 Stipulation of Settlement and Dismissal With Prejudice. (afm, COURT STAFF) (Filed on 10/12/2022) (Entered: 10/12/2022)
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