Case Detail

FOIA Project Annotation: Judge Rosemary Collyer has ruled that the Department of Agriculture properly withheld records requested by People for the Ethical Treatment of Animals under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). She also rejected PETA's claim under the Administrative Procedures Act that Agriculture had a pattern and practice of withholding witness statements in their entirety. PETA's wide-ranging request concerned several different investigations conducted by the agency. The agency withheld witness statements entirely but later released the statements after redacting personally identifiable information from them. Collyer took some time to explain case law concerning the privacy of federal employees, quoting particularly from Stern v. FBI, 737 F.2d 84 (D.C. Cir. 1984), a case in which the D.C. Circuit required identification of high-ranking officials who participated in a cover-up while allowing the agency to withhold the names of lower ranking staff. The D.C. Circuit explained the privacy interest by indicating that "the privacy interest arises in part from the presumed embarrassment or stigma wrought by negative disclosures. But it also reflects the employee's more general interest in nondisclosure of diverse bits and pieces of information, both positive and negative, that the government, acting as an employer, has obtained and kept in the employee's personnel file." Turning to PETA's claim that the identities of inspectors who had participated in an investigation of AgriProcessors, a kosher slaughter facility, should be disclosed, Collyer noted that "PETA reads Stern too broadly. . . The D.C. Circuit explained that in determining whether the privacy exemption applied, the court must consider both the level of responsibility held by the federal employee and the activity for which the employee had been censured." She observed that "at issue in this case is the identity of low-level [Food Safety Inspection Service] inspectors who engaged in misconduct in performing slaughterhouse inspections. Unlike Stern, the facts of this case do no present high-level employees or a well-publicized scandal. The inspectors have a privacy interest in records relating to disciplinary action against them and disclosure of such records could subject them to embarrassment and harassment." Dealing with two other incidents in which the agency had withheld records on the basis of the privacy exemption, Collyer found the agency's justifications were currently inadequate and required the agency to provide more substantiation of the claims. PETA claimed that the current FOIA officer at the Animal and Plant Health Inspection Service had told animal protection groups that APHIS would no longer disclose witness statements and PETA asked Collyer to find that such a policy was in violation of the APA. However, after hearing from the agency that it did not have a routine policy of withholding witness statements and observing that the agency had disclosed the statements in redacted form, Collyer concluded that PETA's claim was moot. She noted that "release of the witness statements satisfied PETA's FOIA request. . . At most PETA has presented evidence of a past practice of withholding entire witness statements. PETA has not demonstrated a threat of an immediate future injury."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy

FOIA Project Annotation: Judge Rosemary Collyer has ruled that a CD recording of a phone call from an alleged witness to the tiger attack on performer Roy Horn can be withheld under Exemption 7(C) (invasion of privacy concerning law enforcement records). Collyer had originally rejected the Department of Agriculture's claim because it had not adequately explained how the CD related to agency functions. But after hearing the recording in camera, Collyer noted that "the recording is a message from an individual who did not witness the tiger attack on Mr. Horn but who was speculating on its causes and offering suggestions for investigation into 'economic terrorism.' The caller did not provide an identity, suggesting a reluctance to be made public. If USDA were to release the CD, the caller could be identified by the sound of his/her voice, and thus the information is exempt from disclosure due to privacy concerns under Exemption 7(C). Moreover, the release would not shed light on how USDA conducted its investigation into the tiger attack."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2006-05-17	1	COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE (Filing fee $ 350) filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS.(lc, ) (Entered: 05/18/2006)
2006-05-17	2	LCvR 7.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (lc, ) (Entered: 05/18/2006)
2006-05-17		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (lc, ) (Entered: 05/18/2006)
2006-06-09	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General May 23, 2006. (Attachments: # 1 # 2 )(Tobin, Erin) (Entered: 06/09/2006)
2006-06-09	4	SUMMONS Returned Executed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS. UNITED STATES DEPARTMENT OF AGRICULTURE served on 5/22/2006, answer due 6/21/2006. (Attachments: # 1 # 2 )(Tobin, Erin) (Entered: 06/09/2006)
2006-06-09	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney served on 5/17/2006, answer due 6/16/2006. (Attachments: # 1 # 2 )(Tobin, Erin) Modified on 6/12/2006 (tg, ). (Entered: 06/09/2006)
2006-06-12	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney served 5/17/2006, answer due 6/16/2006. (Attachments: # 1 # 2 )(Tobin, Erin) Modified on 6/12/2006 (tg, ). (Entered: 06/12/2006)
2006-06-15	7	FIRST AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS.(nmw, ) (Entered: 06/15/2006)
2006-06-16	8	NOTICE of Appearance by Beverly Maria Russell on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Russell, Beverly) (Entered: 06/16/2006)
2006-06-20	9	CERTIFICATE of Counsel by Erin M. Tobin on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (Attachments: # 1 Exhibit)(Tobin, Erin) (Entered: 06/20/2006)
2006-06-30	10	MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiff's Complaint and Memorandum in Suuport Thereof by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 06/30/2006)
2006-07-05		MINUTE ENTRY ORDER granting 10 Defendant's Motion for Extension of Time to Answer. UNITED STATES DEPARTMENT OF AGRICULTURE answer due 7/17/2006. Signed by Judge Rosemary M. Collyer on 7/5/06. (KD) (Entered: 07/05/2006)
2006-07-05		Set Deadlines/Hearings: Answer to amended complaint due by 7/17/2006. (cdw) (Entered: 07/06/2006)
2006-07-17	11	Second MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiff's Complaint (Unopposed) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 07/17/2006)
2006-07-18		MINUTE ENTRY ORDER granting 11 Defendant's unopposed Motion for Extension of Time to Answer. UNITED STATES DEPARTMENT OF AGRICULTURE answer due 7/31/2006. Signed by Judge Rosemary M. Collyer on 7/18/06. (KD) (Entered: 07/18/2006)
2006-07-18		Set Deadlines/Hearings: Answer to complaint due by 7/31/2006. (cdw) (Entered: 07/20/2006)
2006-07-28	12	Unopposed MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Plaintiff's Complaint (Third) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 07/28/2006)
2006-08-11	13	ANSWER to Amended Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE. Related document: 7 Amended Complaint filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS,.(Russell, Beverly) (Entered: 08/11/2006)
2006-08-14		MINUTE ENTRY ORDER granting 12 Defendant's unopposed Motion for Extension of Time to Answer. The motion is granted nunc pro tunc to August 11, 2006. The UNITED STATES DEPARTMENT OF AGRICULTURE answer filed on 8/11/2006 was timely. Signed by Judge Rosemary M. Collyer on 8/14/06. (KD) (Entered: 08/14/2006)
2006-08-18	14	ORDER setting Initial Scheduling Conference on September 18, 2006 at 10:45 a.m. See Order for further details. Signed by Judge Rosemary M. Collyer on 8/18/06. (KD) (Entered: 08/18/2006)
2006-08-18		Set Deadlines/Hearings: Initial Scheduling Conference set for 9/18/2006 10:45 AM in Courtroom 6, 2nd floor, main building, before Judge Rosemary M. Collyer. (cdw) (Entered: 08/31/2006)
2006-09-11	15	MEET AND CONFER STATEMENT. (Tobin, Erin) (Entered: 09/11/2006)
2006-09-29		NOTICE of Hearing: Initial Scheduling Conference reset for 10/5/2006 at 11:30 AM in Courtroom 6, 2nd floor, main building, before Judge Rosemary M. Collyer. Please be prompt.(cdw) (Entered: 09/29/2006)
2006-10-05	16	ERRATA by UNITED STATES DEPARTMENT OF AGRICULTURE. Re 15 Meet and Confer Statement (Russell, Beverly) Modified on 10/6/2006 (tg, ). (Entered: 10/05/2006)
2006-10-05		Minute Entry for proceedings held before Judge Rosemary M. Collyer: Intial Scheduling Conference held on 10/5/2006. A scheduling order will be issued by the Court. A further Status Conference is set for 11/7/2006 at 2:00 PM in Courtroom 6 before Judge Rosemary M. Collyer. (Court Reporter: Susan Tyner) (cdw) (Entered: 10/05/2006)
2006-10-05	17	SCHEDULING ORDER: Defendant's Vaughn index and motion for summary judgment due November 2, 2006; Plaintiff's response due December 4, 2006; Defendant's reply due December 21, 2006; Plaintiff's surreply due January 10, 2007. A status conference is scheduled for 2:00 p.m. on November 7, 2006. See Order for further details. Signed by Judge Rosemary M. Collyer on 10/05/06. (KD) (Entered: 10/05/2006)
2006-10-05		Set Deadlines/Hearings: Defendant's Summary Judgment motion due by 11/2/2006. Plaintiff's response to Motion for Summary Judgment due by 12/4/2006. Defendant's reply to Motion for Summary Judgment due by 12/21/2006. Plaintiff's Surreply due by 1/10/2007. Status Conference set for 11/7/2006 02:00 PM in Courtroom 6 before Judge Rosemary M. Collyer. (cdw) (Entered: 10/12/2006)
2006-11-02	18	First MOTION for Extension of Time to File Motion for Summary Judgment and Vaughn Materials and Memorandum in Support Thereof (Unopposed) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 11/02/2006)
2006-11-03	19	MOTION to Dismiss or Alternatively , MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Exhibit 1. Declaration of Lesia Banks, November 2, 2006# 2 Exhibit Attachment 1 to Ex. 1 (Letter from Hannah Schein to Lesia Banks, April 6, 2005)# 3 Exhibit Attachment 2 to Exhibit 1 (Letter from Lesia Banks to Hannah Schein, December 6, 2005)# 4 Exhibit Attachment 3 to Exhibit 1 (Letter from Lori Kettler to Administrator, Animal Health and Plant Inspection Service, January 18, 2006)# 5 Exhibit Attachment 4 to Exhibit 1 (Letter from LIsa Wathne to Lesia Banks, January 28, 2005)# 6 Exhibit Attachment 5 to Exhibit 1 (Letter from Lesia Banks to LIsa Wathne, July 14, 2005)# 7 Exhibit Attachment 6 to Exhibit 1 (Letter from Lori Kettler to Administrator, Animal Plant Health Inspection Service, September 7, 2005)# 8 Exhibit Attachment 7 to Exhibit 1 (Letter from Lori Kettler to Andrea Fowler, August 15, 2005)# 9 Exhibit Attachment 8 to Exhibit 1 (Letter from Lesia Banks to Lori E. Kettler, January 12, 2006)# 10 Exhibit Attachment 9 to Exhibit 1 (Letter from Lori Kettler to Administrator, Animal and Plant Health Inspection Service, February 16, 2006)# 11 Exhibit Attachment 10 to Exhibit 1 (Letter from W. Ron DeHaven to Lori Kettler)# 12 Exhibit Attachment 11 to Exhibit 1 (Letter from W. Ron DeHaven to Lori Kettler)# 13 Exhibit Attachment 12 to Exhibit 1 (Letter from W. Ron DeHaven to Lori Kettler)# 14 Exhibit Attachment 13 to Exhibit 1 (Letter from Lesia M. Banks to Hannah Schein, November 2, 2006)# 15 Exhibit 2. Vaughn Index (APHIS)# 16 Exhibit 3. Declaration of Deirdre MacNeil, July 14, 2006# 17 Exhibit 4. Vaughn Index (OIG)# 18 Exhibit 5. Declaration of Deirdre MacNeil, October 26, 2006# 19 Statement of Facts # 20 Text of Proposed Order)(Russell, Beverly) (Entered: 11/03/2006)
2006-11-07		MINUTE ENTRY ORDER granting nunc pro tunc 18 Defendant's unopposed first Motion for Extension of Time to file its dispositive motion no later than November 3, 2006. Defendant's motion to dismiss or for summary judgment 19 filed on November 3, 2006 is deemed timely. Signed by Judge Rosemary M. Collyer on 11/7/06. (KD) (Entered: 11/07/2006)
2006-11-09		Minute Entry for proceedings held before Judge Rosemary M. Collyer: Status Conference held on 11/9/2006. Oral Motion to Conduct Discovery, heard and denied without prejudice. (Court Reporter: Edward Hawkins) (cdw) (Entered: 11/09/2006)
2006-12-01	20	Consent MOTION for Extension of Time to File Plaintiff's Cross-Motion for Summary Judgment and Opposition to Defendant's Motion to Dismiss or, Alternatively, for Summary Judgment, and Supporting Memorandum by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS. (Tobin, Erin) (Entered: 12/01/2006)
2006-12-04		MINUTE ENTRY ORDER granting 20 Plaintiff's consent Motion for Extension of Time. Plaintiff shall file its cross motion for summary judgment and response to Defendant's motion to dismiss or in the alternative for summary judgment no later than December 6, 2006. Signed by Judge Rosemary M. Collyer on 12/4/06. (KD) (Entered: 12/04/2006)
2006-12-06	21	Cross MOTION for Summary Judgment by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS. (Attachments: # 1 Statement of Facts # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25 # 26 # 27 # 28 # 29 # 30 # 31 # 32 # 33 # 34 # 35 # 36 # 37 # 38 # 39 # 40 # 41 # 42 # 43 # 44 # 45 # 46 # 47 # 48 # 49 # 50 # 51 # 52 # 53 # 54 # 55 # 56 # 57 # 58 # 59 # 60 # 61 )(Tobin, Erin) (Entered: 12/06/2006)
2006-12-06	22	Memorandum in opposition to re 19 MOTION to Dismiss or Alternatively MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 # 21 # 22 # 23 # 24 # 25 # 26 # 27 # 28 # 29 # 30 # 31 # 32 # 33 # 34 # 35 # 36 # 37 # 38 # 39 # 40 # 41 # 42 # 43 # 44 # 45 # 46 # 47 # 48 # 49 # 50 # 51 # 52 # 53 # 54 # 55 # 56 # 57 # 58 # 59 # 60 # 61 Statement of Facts)(Tobin, Erin) (Entered: 12/06/2006)
2006-12-07	23	NOTICE of Filing by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS re 22 Memorandum in Opposition,,,, 21 Cross MOTION for Summary Judgment (Attachments: # 1 List of Exhibits to Plaintiff's Cross Motion for Summary Judgment and Opposition to Defendant's Motion to Dismiss or, Alternatively, for Summary Judgment)(Tobin, Erin) (Entered: 12/07/2006)
2006-12-20	24	First MOTION for Extension of Time to File Opposition Memorandum to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss, or Alternatively, for Summary Judgment and Memorandum in Support Thereof (Unopposed) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 12/20/2006)
2006-12-21		MINUTE ENTRY ORDER granting 24 Defendant's unopposed Motion for Extension of Time. Defendant shall file a response to 21 Plaintiff's cross motion for summary judgment and a reply to 22 Plaintiff's opposition to Defendant's motion for summary judgment no later than January 10, 2007. Plaintiff may file a reply no later than February 7, 2007. Signed by Judge Rosemary M. Collyer on 12/21/06. (KD) (Entered: 12/21/2006)
2007-01-10	25	MOTION for Extension of Time to File Opposition Memorandum to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss or Alternatively for Summary Judgment and Memorandum in Support Thereof by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 01/10/2007)
2007-01-11		MINUTE ENTRY ORDER granting 25 Defendant's Motion for Extension of Time. Defendant shall file an opposition to Plaintiff's cross motion for summary judgment and reply no later than January 22, 2007. Plaintiff shall file its reply no later than February 20, 2007. Signed by Judge Rosemary M. Collyer on 1/11/07. (KD) (Entered: 01/11/2007)
2007-01-11		Set Deadlines/Hearings: Defendant's response to Cross Motion for Sumary Judgment due by 1/22/2007. Plaintiff's reply to Cross Motion for Summary Judgment due by 2/20/2007. Defendant's reply to Motion for Summary Judgment due by 1/22/2007. (cdw) (Entered: 01/17/2007)
2007-01-22	26	MOTION for Extension of Time to File Opposition Memorandum to Plaintiff's Cross-Motion for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss, or Alternatively, for Summary Judgment and Memorandum in Support Thereof by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 01/22/2007)
2007-01-23		MINUTE ENTRY ORDER granting 26 Defendant's Motion for Extension of Time. Defendant shall file its opposition to Plaintiff's cross motion for summary judgment and its reply no later than January 24, 2007. No further extensions will be granted. Signed by Judge Rosemary M. Collyer on 1/23/07. (KD) (Entered: 01/23/2007)
2007-01-24	27	Memorandum in opposition to re 21 Cross MOTION for Summary Judgment and Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss, or Alternatively, for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Russell, Beverly) (Entered: 01/24/2007)
2007-01-24	28	REPLY to opposition to motion re 19 MOTION to Dismiss or Alternatively MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Russell, Beverly) (Entered: 01/24/2007)
2007-01-29	29	NOTICE of Filing by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS a corrected 22 Memorandum in Opposition,,,,and 21 Cross MOTION for Summary Judgment (Attachments: # 1 Motion and Memorandum of Law# 2 Statement of Facts # 3 Exhibit List# 4 Exhibit Exh. 1# 5 Exhibit Exh. 2# 6 Exhibit Exh. 3# 7 Exhibit Exh. 4# 8 Exhibit Exh. 5# 9 Exhibit Exh. 6# 10 Exhibit Exh. 7# 11 Exhibit Exh. 8# 12 Exhibit Exh. 9# 13 Exhibit Exh. 10# 14 Exhibit Exh. 11# 15 Exhibit Exh. 12# 16 Exhibit Exh. 13# 17 Exhibit Exh. 14# 18 Exhibit Exh. 15# 19 Exhibit Exh. 16# 20 Exhibit Exh. 17# 21 Exhibit Exh. 18# 22 Exhibit Exh. 19# 23 Exhibit Exh. 20# 24 Exhibit Exh. 21# 25 Exhibit Exh. 22# 26 Exhibit Exh. 23# 27 Exhibit Exh. 24# 28 Exhibit Exh. 25# 29 Exhibit Exh. 26# 30 Exhibit Exh. 27# 31 Exhibit Exh. 28# 32 Exhibit Exh. 29# 33 Exhibit Exh. 30# 34 Exhibit Exh. 31# 35 Exhibit Exh. 32# 36 Exhibit Exh. 33# 37 Exhibit Exh. 34# 38 Exhibit Exh. 35# 39 Exhibit Exh. 36# 40 Exhibit Exh. 37# 41 Exhibit Exh. 38# 42 Exhibit Exh. 39# 43 Exhibit Exh. 40# 44 Exhibit Exh. 41# 45 Exhibit Exh. 42# 46 Exhibit Exh. 43# 47 Exhibit Exh. 44# 48 Exhibit Exh. 45# 49 Exhibit Exh. 46# 50 Exhibit Exh. 47# 51 Exhibit Exh. 48# 52 Exhibit Exh. 49# 53 Exhibit Exh. 50# 54 Exhibit Exh. 51# 55 Exhibit Exh. 52# 56 Exhibit Exh. 53# 57 Exhibit Exh. 54# 58 Exhibit Exh. 55# 59 Exhibit Exh. 56# 60 Exhibit Exh. 57# 61 Exhibit Exh. 58# 62 Exhibit Exh. 59# 63 Exhibit Exh. 60)(Tobin, Erin) Modified on 1/30/2007 (tg, ). (Entered: 01/29/2007)
2007-02-20	30	REPLY to opposition to motion re 21 Cross MOTION for Summary Judgment filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS. (Tobin, Erin) (Entered: 02/20/2007)
2007-06-11	31	MEMORANDUM AND OPINION granting in part and denying in part 19 Defendant's moiton to dismiss or for summary judgment and 21 , as amended by 29 , Plaintiff's motion for summary judgment. See Opinion for further details. Signed by Judge Rosemary M. Collyer on 6/11/07. (KD) (Entered: 06/11/2007)
2007-06-11	32	ORDER granting in part and denying in part 19 Defendant's Motion to Dismiss or for Summary Judgment; and granting in part and denying in part 21 , as amended by 29 , Plaintiff's Motion for Summary Judgment. See Order for further details. Signed by Judge Rosemary M. Collyer on 6/11/07. (KD) (Entered: 06/11/2007)
2007-06-19	33	Consent MOTION to Stay Time to File Petition for Attorneys Fees and Costs by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (Attachments: # 1 Text of Proposed Order Proposed Order)(Tobin, Erin) (Entered: 06/19/2007)
2007-06-20		MINUTE ENTRY ORDER granting 33 the parties' consent motion to extend the time to file a petition for attorney fees and costs for 30 days after the Court issues a final ruling addressing the merits of Defendant's withholding of a CD recording. Signed by Judge Rosemary M. Collyer on 6/20/07. (KD) (Entered: 06/20/2007)
2007-06-25	34	NOTICE of Submission of CD Recording In Camera and Ex Parte by UNITED STATES DEPARTMENT OF AGRICULTURE (Russell, Beverly) (Entered: 06/25/2007)
2007-06-25	35	MOTION for Extension of Time to Comply with the Court's June 11, 2007 Order and Memorandum in Support Thereof by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 06/25/2007)
2007-06-26		MINUTE ENTRY ORDER denying 35 Defendant's Motion for Extension of Time to produce information regarding the location of the Le Mas ammunition testing consistent with this Court's June 11, 2007 Memorandum Opinion and Order. Defendant seeks an extension pending a decision on whether to appeal. The Court is concerned that Defendant is dragging its feet. Inasmuch as the Court ordered disclosure of this information based on Defendant's failure to provide any reason for the redaction, Defendant shall file, no later than July 2, 2007, a statement of its alleged colorable basis for appeal. Signed by Judge Rosemary M. Collyer on 6/26/07. (KD) (Entered: 06/26/2007)
2007-06-26		Set Deadlines/Hearings: Defendant's Statement due by 7/2/2007. (cdw) (Entered: 06/27/2007)
2007-06-27	36	MEMORANDUM AND OPINION granting in part USDA's motion to dismiss or for summary judgment 19 with regard to USDA's withholding of the CD related to the tiger attack and denying in part PETA's cross-motion for summary judgment 21 & 29 with regard to this same issue. Signed by Judge Rosemary M. Collyer on 6/27/07. See Opinion for further details.(KD) (Entered: 06/27/2007)
2007-06-27	37	ORDER granting in part USDA's motion to dismiss or for summary judgment 19 with regard to USDA's withholding of the CD recording related to the tiger attack and denying in part PETA's cross-motion for summary judgment 21 & 29 on the same issue. This is a final appealable order. Signed by Judge Rosemary M. Collyer on 6/27/07. (KD) (Entered: 06/27/2007)
2007-07-02	38	RESPONSE TO ORDER OF THE COURT Dated June 26, 2007 filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Russell, Beverly) (Entered: 07/02/2007)
2007-07-03		MINUTE ENTRY ORDER noting that as indicated in 38 Defendant's Response to the Court's 2/26/07 Order, Defendant has now complied with the Court's June 11, 2007 Order. No open issues remain, and this case is closed. Signed by Judge Rosemary M. Collyer on 7/3/07. (KD) (Entered: 07/03/2007)
2007-07-25	39	Unopposed MOTION for Extension of Time to File Petition for Attorneys Fees and Costs by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Tobin, Erin) (Entered: 07/25/2007)
2007-07-26		MINUTE ENTRY ORDER granting 39 PETA's unopposed Motion for Extension of Time to file a petition for attorney fees and costs. PETA may file such a petition no later than August 27, 2007. Signed by Judge Rosemary M. Collyer on 7/26/07. (KD) (Entered: 07/26/2007)
2007-07-26		Set Deadlines/Hearings: Plaintiff's petition due by 8/27/2007. (cdw) (Entered: 07/26/2007)
2007-08-22	40	Unopposed MOTION for Extension of Time to File Plaintiff's Fee Petition by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS (Attachments: # 1 )(Tobin, Erin) (Entered: 08/22/2007)
2007-08-22		MINUTE ENTRY ORDER granting 40 Plaintiff's Motion for Extension of Time to File Petition for Attorneys' Fees and Costs. Plaintiff shall file a petition for attorneys' fees and costs pursuant to Federal Rule of Civil Procedure 54(d) no later than October 5, 2007. Signed by Judge Rosemary M. Collyer on 08/22/07. (lcrmc1) (Entered: 08/22/2007)
2007-08-22		Set Deadlines/Hearings: Plaintiff's petition due by 10/5/2007. (cdw) (Entered: 08/23/2007)
2007-09-13	41	STIPULATION of Settlement of Plaintiff's Attorney Fees and Costs Claim and Order by UNITED STATES DEPARTMENT OF AGRICULTURE. (Russell, Beverly) (Entered: 09/13/2007)
2007-09-17		MINUTE ENTRY ORDER approving 41 the parties' stipulated settlement of attorney fees and costs. The parties' settlement is adopted as an order of this Court. Signed by Judge Rosemary M. Collyer on 9/17/07. (KD) (Entered: 09/17/2007)
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