Case Detail

FOIA Project Annotation: Judge Louis Oberdorfer has ruled that because there is still an issue of material fact between the position of the plaintiff and the Agriculture Department concerning the potential competitive harm that might occur if animal test results by Huntington Life Sciences, collected as part of an agency investigation of alleged violations of the Animal Welfare Act, were disclosed neither party has yet made its case for summary judgment. After consulting Huntington concerning claims under Exemption 4 (confidential business information), the agency ultimately withheld 1,017 pages in whole or in part. The plaintiff, In Defense of Animals, argued that the agency and Huntington could not meet their burden of proof because "'disclosure of the actual result of a particular research experiment' would cause little or no harm to Huntington's business 'if the agency deletes from the document any information that identifies the test protocol, the substance being tested, or the name of Huntington's client.'" But Huntington argued that its "detailed study designs could easily be derived from the study reports, the raw data and other documentation reflecting their execution on a product within a particular therapeutic class, regardless of whether or not actual testing protocols or the identity of the product tested is available." Based on the D.C. Circuit's decision in Niagara Mohawk Power Corp. v. Dept of Energy, 169 F.3d 16 (D.C. Cir. 1999), Oberdorfer pointed out that summary judgment could not be given when there remained a material factual dispute. He observed that "here, the specific issue is whether the disputed documents containing laboratory results and other pertinent information would serve as blueprints from which competitors of Huntington could reverse engineer valuable proprietary information exempt from disclosure. Although the contention seems doubtful on the basis of the evidence before the court, the dispute is genuine and factual for which summary judgment is improper." Saying that when one set of facts was contradicted by the record a court should not adopt that version for purposes of ruling on a motion for summary judgment, Oberdorfer noted that "while defendants' view of the facts does not rise to the level of 'blatantly' contradicting the record, it comes mighty close. Review in camera of a sampling of the disputed documents convinces that much, if not all, of the redacted and withheld documents will not likely survive the scrutiny of a trial, particularly under de novo FOIA review. Moreover, the seventy-two pages that the government has recently decided to re-release to plaintiff with fewer redactions than it previously claimed under Exemption 4 is amply suggestive of the extraordinarily broad and far-reaching view the government takes of the exemption." Suggesting the parties settle the case, Oberdorfer indicated that the resolution of the dispute would be facilitated by expert testimony if a trial proved necessary.
Issues: Exemption 4 - Competitive harm

FOIA Project Annotation: In an Exemption 4 (confidential business information) case that appears headed to trial, Judge Richard Roberts has ruled that expert testimony offered by Life Sciences Research concerning the tactics of animal rights organizations is not admissible because it is not relevant to the issue of competitive harm. Roberts pointed out that "the only issue for trial is whether the information withheld by the USDA, if released, would cause competitive harm to [Huntington Life Sciences]. Because competitive harm is narrowly limited to the harm arising from a competitor's use of the information for a commercial advantage, [the expert's] proposed testimony is irrelevant. The animal rights organizations in which [the expert] claims expertise are not commercial competitors. While the tactics he describes in his expert report may cause harm to HLS, it is not harm caused by commercially competitive behavior. Rather, the harm [the expert] describes is akin to the reputational harm caused by negative publicity that the court of appeals has made clear is irrelevant to the competitive harm inquiry under Exemption 4." Roberts also agreed with the plaintiff that the two declarations made on behalf of LSR were inadmissible hearsay.
Issues: Litigation - Discovery, Exemption 4 - Competitive harm

FOIA Project Annotation: Judge Richard Roberts has ruled that Life Sciences Research is estopped from arguing whether or not Huntingdon Life Sciences voluntarily submitted records to the Agriculture Department. Roberts noted that just before the case was about to go to trial LSR contended for the first time during the litigation that the records had been submitted voluntarily. Roberts explained that "LSR's new position on voluntariness of HLS's disclosure is clearly inconsistent with the position it has maintained for years in this action. In addition, although LSR may not have derived an obvious benefit previously by joining the government's contention that the documents were obtained involuntarily, plaintiff In Defense of Animals has detrimentally relied on LSR's previous inconsistent assertions" by not pursuing discovery relevant to the issue of voluntariness.
Issues: Exemption 4 - Voluntary submission

FOIA Project Annotation: After holding the first Exemption 4 (confidential business information) trial in years, Judge Richard Roberts has ruled that Huntingdon Life Sciences, an Agriculture Department contractor, failed to prove that disclosure of more than 1,000 pages of records would cause the company substantial competitive harm. In Defense of Animals requested the agency's records on its investigation of HLS. The agency located 2,778 pages, of which 2,384 pages were sent to HLS for comment. The agency ultimately withheld 1,017 pages under Exemption 4. At trial, HLS produced two witnesses�"Michael Caulfield, the general manager of HLS, and Robert Szot, an expert in toxicology and early-stage drug development. Caulfield in particular focused on why disclosure would undermine HLS's policy of client confidentiality. Roberts noted that "the defendants have carried their burden of demonstrating that there is actual competition in the contract research business among contract research organizations that provide toxicology research to secure study sponsors, and that there is actual competition in the pharmaceutical industry to be the first to get a particular type of drug to market." But, Roberts pointed out, "the defendants have not carried their burden with respect to whether the disclosure of the withheld information in the 1017 pages at issue in this case has a likelihood of causing substantial competitive injury to HLS or its clients." Roberts added that "there is no evidence suggesting that either witness analyzed the documents to ascertain whether the records withheld could be withheld for the sole purpose of preventing competitors' use of the information for commercial advantage. As a result, neither Caufield nor Szot established a likelihood that disclosure would cause a competitive harm." He observed that "while the defendants have carried their burden of showing that HLS and its clients experienced actual competition, they have not shown that there is a likelihood that release of the particular information withheld in this case would cause HLS or its clients to suffer a substantial competitive injury." Finally, Roberts found that neither Caulfield nor Szot had reviewed the records with an eye towards whether only exempt information could be redacted and the rest disclosed.
Issues: Exemption 4 - Competitive harm, Litigation - Reverse-FOIA

Date Filed	Doc #	Docket Text
2002-03-22	1	COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $150 ). Filed by IN DEFENSE OF ANIMALS. (nmr, ) (Entered: 03/25/2002)
2002-03-22		SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF AGRICULTURE , U.S. Attorney and U.S. Attorney General (nmr) (Entered: 03/25/2002)
2002-03-22	2	LCvR 26.1 - CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by plaintiff In Defense of Animals (nmr, ) (Entered: 03/25/2002)
2002-04-29	3	ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE. (Menna, Frank) (Entered: 04/29/2002)
2002-05-07	4	ORDER for Initial Scheduling Conference on 5/29/2002 at 11:30 AM in Courtroom 9. Signed by Judge Richard W. Roberts on 5/7/02. (TDR) (Entered: 05/07/2002)
2002-05-17	5	MOTION to Continue Initial Scheduling Conference by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 )(Menna, Frank) (Entered: 05/17/2002)
2002-05-22		Minute Entry: Motion for continuance of the initial scheduling conference 5 granted and terminated. Initial Scheduling Conference reset to 6/19/2002 at 03:45 PM. (TDR) (Entered: 05/22/2002)
2002-06-12	6	STATUS REPORT and Joint Proposed Schedule by UNITED STATES DEPARTMENT OF AGRICULTURE. (Menna, Frank) (Entered: 06/12/2002)
2002-06-13	7	MOTION to Intervene as a defendant by LIFE SCIENCES RESEARCH, INC.. (Attachments: # 1 Answer)(nmr, ) (Entered: 06/14/2002)
2002-06-17	8	ORDER cancelling initial scheduling conference on 6/19/02 and directing parties to file a Status Report by 9/18/2002. Signed by Judge Richard W. Roberts on 6/17/02. (TDR) (Entered: 06/17/2002)
2002-06-18	10	ANSWER to 1 Complaint by LIFE SCIENCES RESEARCH, INC.. (nmr, ) Modified on 6/21/2002 (nmr, ). (Entered: 06/21/2002)
2002-06-19	9	ORDER granting Motion to Intervene of Intervenor/applicant Life Sciences Research, Inc.; deeming answer of this party filed. 7 . Signed by Judge Richard W. Roberts on 6/18/02. (lin, ) (Entered: 06/19/2002)
2002-09-18	11	STATUS REPORT And Proposed Order by IN DEFENSE OF ANIMALS. (Meyer, Katherine) (Entered: 09/18/2002)
2002-09-25		Minute Entry: Proposed Scheduling Order due by 11/1/2002. (TDR) (Entered: 09/25/2002)
2002-11-01	12	STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Menna, Frank) (Entered: 11/01/2002)
2002-11-06		Minute Entry: Parties to file a Joint Status Report by 12/13/2002.(TDR) (Entered: 11/06/2002)
2002-12-12	13	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Declaration of Hugh Gilmore)(Menna, Frank) Modified on 12/13/2002 (nmr, ). (Entered: 12/12/2002)
2002-12-20	14	MOTION for Summary Judgment by LIFE SCIENCES RESEARCH, INC.. Responses due by 12/31/2002 (Menendez, Alex) (Entered: 12/20/2002)
2002-12-20	15	MOTION for Summary Judgment memorandum & proposed order by LIFE SCIENCES RESEARCH, INC.. Responses due by 12/31/2002 (Menendez, Alex) (Entered: 12/20/2002)
2002-12-20	16	Consent MOTION for Extension of Time to File Response to Defendants' Motions for Summary Judgment by IN DEFENSE OF ANIMALS. (Meyer, Katherine) (Entered: 12/20/2002)
2002-12-24		Minute Entry: Consent MOTION for Extension of Time 16 granted. Plaintiff's response due 1/24/03. Reply by defendant and intervenor-defendant due 2/24/03. (TDR) (Entered: 12/24/2002)
2003-01-22	17	Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Summary Judgment, 14 MOTION for Summary Judgment, 15 MOTION for Summary Judgment memorandum & proposed order by IN DEFENSE OF ANIMALS. (Meyer, Katherine) (Entered: 01/22/2003)
2003-01-23		Minute Entry: Consent MOTION for Extension of Time 17 granted. Plaintiff's Response to Motions for Summary Judgment due by 2/21/2003. Replies due by 3/21/2003. (TDR) (Entered: 01/23/2003)
2003-02-21	18	MOTION for Partial Summary Judgment , Statement of Material Facts, and Memorandum in Support of Motion for Partial Summary Judgment and in Opposition to Defendants' Motions for Summary Judgment by IN DEFENSE OF ANIMALS. Responses due by 3/21/2003 (Attachments: # 1 Exhibit List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit B Attachment# 5 Exhibit c# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17 Exhibit O# 18 Exhibit P# 19 Exhibit Q# 20 Exhibit R# 21 Exhibit S# 22 Exhibit T# 23 Exhibit U# 24 Exhibit V# 25 Exhibit W# 26 Exhibit X# 27 Exhibit Y# 28 Exhibit Z# 29 Exhibit AA# 30 Exhibit BB# 31 Exhibit CC# 32 Exhibit DD)(Ockene, Kimberly) (Entered: 02/21/2003)
2003-02-21	19	NOTICE by IN DEFENSE OF ANIMALS of Filing of Proposed Orders (Attachments: # 1 Proposed Order Granting Plaintiff's Motion for Partial Summary Judgment# 2 Proposed Order Denying Defendants' Motions for Summary Judgment)(Ockene, Kimberly) (Entered: 02/21/2003)
2003-03-21	20	Memorandum in opposition to motion re 18 filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order Proposed Order# 2 Exhibit Attachment A# 3 Exhibit Attachment B# 4 Exhibit Attachment C# 5 Affidavit Second Declaration of Hugh Gilmore# 6 Affidavit Declaration of Francis Keyser# 7 Affidavit Declaration of Michael Caulfield# 8 Exhibit Declaration of Michael Caulfield Exhibit A)(Menna, Frank) (Entered: 03/21/2003)
2003-03-21	21	Memorandum in opposition to motion re 14 filed by In Defense of Animals for Partial Summary Judgment and Reply to In Defense of Animal's Opposition to Defendants Motion for Summary Judgment filed by LIFE SCIENCES RESEARCH, INC.. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18 # 19 # 20 )(Menendez, Alex) (Entered: 03/21/2003)
2003-03-21	22	RESPONSE to any document Intervenor-Defendant's Reply to Plaintiff's Statement of Material Facts filed by LIFE SCIENCES RESEARCH, INC.. (Menendez, Alex) (Entered: 03/21/2003)
2003-03-21	23	NOTICE of Filing by LIFE SCIENCES RESEARCH, INC. re 21 Memorandum in Opposition to Defense Animals' Motion for Partial Summary Judgement and Reply to Opposition to Intervenor's Motion for Summary Judgment; Exhibit (F) Video Via Compact Disk. (mpt, ) (Entered: 03/24/2003)
2003-03-28	24	MOTION for Extension of Time to File Response/Reply by IN DEFENSE OF ANIMALS. (Ockene, Kimberly) (Entered: 03/28/2003)
2003-04-04	25	Memorandum in opposition to motion re 24 filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Menna, Frank) (Entered: 04/04/2003)
2003-04-07	26	REPLY to opposition to motion re 24 Extension of Time filed by IN DEFENSE OF ANIMALS. (Ockene, Kimberly) (Entered: 04/07/2003)
2003-04-07	27	Memorandum in opposition to motion re 24 In Defense of Animals Request for Extension of Time filed by LIFE SCIENCES RESEARCH, INC.. (Menendez, Alex) (Entered: 04/07/2003)
2003-04-22		MINUTE ENTRY ORDER granting plaintiff's Motion for Extension of Time to File Reply 24 to the extent that the deadline for plaintiff's reply is extended to 5/2/2003. Issued by Judge Richard W. Roberts on 4/22/03. (TDR) (Entered: 04/22/2003)
2003-05-02	28	REPLY to opposition to motion re 14 motion for summary judgment filed by IN DEFENSE OF ANIMALS. (Attachments: # 1 Exhibit EE and Attachments 1-3# 2 Exhibit FF# 3 Exhibit GG# 4 Exhibit HH)(Ockene, Kimberly) (Entered: 05/02/2003)
2003-05-02	29	NOTICE by IN DEFENSE OF ANIMALS of Filing of Corrected Exhibit EE (Attachments: # 1 Exhibit EE (corrected version))(Ockene, Kimberly) (Entered: 05/02/2003)
2003-05-12	30	RESPONSE to Plaintiff's Reply filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Menna, Frank) (Entered: 05/12/2003)
2004-09-28	31	MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' motion for summary judgment [13, 14, 15] and plaintiff's cross-motion for summary judgment 18 . Defendants are ORDERED to produce a comprehensive Vaughn index. The parties are directed to confer and submit a joint written status report by October 28, 2004 describing a proposed schedule. Signed by Judge Richard W. Roberts on 09/28/04. (nst) (Entered: 09/28/2004)
2004-10-06		Set/Reset Deadlines: Status Report due by 10/28/2004. (lin, ) (Entered: 10/06/2004)
2004-10-28	32	STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Menna, Frank) (Entered: 10/28/2004)
2004-11-24		MINUTE ENTRY ORDER adopting the schedule proposed in the parties' Joint Status Report 32 . Issued by Judge Richard W. Roberts on 11/24/04. (AKG) (Entered: 11/24/2004)
2004-12-09	33	NOTICE of Appearance by Anne Davis Work on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Work, Anne) (Entered: 12/09/2004)
2005-02-11	34	STATUS REPORT of Feb. 11, 2005 by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Work, Anne) (Entered: 02/11/2005)
2005-02-16		MINUTE ORDER directing parties to submit a Joint Status Report on March 11, 2005. Issued by Judge Richard W. Roberts on 2/16/2005. (es) (Entered: 02/16/2005)
2005-03-11	35	STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Work, Anne) (Entered: 03/11/2005)
2005-03-14		MINUTE ORDER: Parties are directed to file a new joint status report by April 29, 2005. Issued by Judge Richard W. Roberts on 03/14/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (es) (Entered: 03/14/2005)
2005-04-29	36	STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order proposed order)(Work, Anne) (Entered: 04/29/2005)
2005-05-10		MINUTE ORDER: It is hereby ORDERED that the parties shall submit a joint status report by May 13, 2005. Issued by Judge Richard W. Roberts on 2/10/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3 ) (Entered: 05/10/2005)
2005-05-11		Set/Reset Deadlines: Status Report due by 5/13/2005. (lin, ) (Entered: 05/11/2005)
2005-05-13	37	STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Work, Anne) (Entered: 05/13/2005)
2005-05-16		MINUTE ORDER: It is hereby ORDERED that parties shall submit a joint status report by June 15, 2005. Issued by Judge Richard W. Roberts on 5/16/2005. NB: The court will no longer send attorneys courtesy paper copies of opinions and orders. Opinions and orders will be sent to attorneys only electronically under LCvR 5.4(b)(1). (lcrwr3 ) (Entered: 05/16/2005)
2005-05-16		Set/Reset Deadlines: Status Report due by 6/15/2005. (lin, ) (Entered: 05/16/2005)
2005-06-15	38	STATUS REPORT of June 15, 2005 by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Work, Anne) (Entered: 06/15/2005)
2005-08-01		MINUTE ORDER: It is hereby ORDERED that the following briefing schedule be, and hereby is, in effect: defendant's renewed motion for summary judgment is due 8/3/2005; plaintiff's response is due 8/31/2005; defendant's reply is due 9/14/2005. Issued by Judge Richard W. Roberts on 8/1/2005. (lcrwr3) (Entered: 08/01/2005)
2005-08-03	39	MOTION for Summary Judgment (renewed) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order proposed order# 2 Affidavit declaration of L. Banks# 3 Exhibit vaughn index)(Work, Anne) (Entered: 08/03/2005)
2005-08-03	40	MOTION for Summary Judgment by LIFE SCIENCES RESEARCH, INC.. (Menendez, Alex) (Entered: 08/03/2005)
2005-08-04		Set/Reset Deadlines: Summary Judgment motions due by 8/3/2005. Response to Motion for Summary Judgment due by 8/31/2005. Reply to Motion for Summary Judgment due by 9/14/2005. (lin, ) (Entered: 08/04/2005)
2005-08-30	41	Consent MOTION for Extension of Time to File A Response To Defendant's Motion for Summary Judgment by IN DEFENSE OF ANIMALS. (Attachments: # 1 Text of Proposed Order)(Meyer, Katherine) (Entered: 08/30/2005)
2005-08-31		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 41 for extension of time to file reponse to defendant's motion for summary judgment be, and hereby is, GRANTED. Plaintiff's response due October 28, 2005. Issuedby Judge Richard W. Roberts on 8/31/2005. (lcrwr3) (Entered: 08/31/2005)
2005-09-12		Set/Reset Deadlines: Response to Motion for Summary Judgment due by 10/28/2005. (lin, ) (Entered: 09/12/2005)
2005-10-28	42	MOTION for Summary Judgment by IN DEFENSE OF ANIMALS. (Attachments: # 1 Exhibit GG# 2 Exhibit HH# 3 Exhibit II# 4 Exhibit JJ# 5 Exhibit KK# 6 Exhibit LL)(Meyer, Katherine) (Entered: 10/28/2005)
2005-11-30	43	Memorandum in opposition to motion re 42 filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Work, Anne) (Entered: 11/30/2005)
2005-11-30	44	Memorandum in opposition to motion re 42 summary judgment filed by LIFE SCIENCES RESEARCH, INC.. (Menendez, Alex) (Entered: 11/30/2005)
2005-12-05	45	Consent MOTION for Extension of Time to File Reply Brief by IN DEFENSE OF ANIMALS. (Attachments: # 1 Text of Proposed Order)(Meyer, Katherine) (Entered: 12/05/2005)
2005-12-09		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 45 for an extension of time to file a reply to the government's opposition to plaintiff's cross-motion for summary judgment be, and hereby is, GRANTED. Reply due 12/23/05. Issued by Judge Richard W. Roberts on 12/9/05. (lcrwr2) (Entered: 12/10/2005)
2005-12-13		Set/Reset Deadlines: Reply to Cross Motions due by 12/23/2005. (lin, ) (Entered: 12/13/2005)
2005-12-23	46	REPLY to opposition to motion re 42 Plaintiff's Renewed Motion for Summary Judgment filed by IN DEFENSE OF ANIMALS. (Ockene, Kimberly) (Entered: 12/23/2005)
2006-02-08	47	NOTICE of Change of Address by Anne Davis Work (Work, Anne) (Entered: 02/08/2006)
2006-05-18		ORDER REFERRING MOTION: It is hereby ORDERED that motions 39 40 42 for summary judgment be, and hereby are, TRANSFERRED for disposition to Judge Louis F. Oberdorfer by consent, pursuant to Local Civil Rule 40.6(a). Issued by Judge Richard W. Roberts on 5/18/2006. (EHS) (Entered: 05/18/2006)
2006-06-14	48	ORDER scheduling hearing on cross-motions for summary judgment. See Order for details. Signed by Judge Louis F. Oberdorfer on June 14, 2006.(wp) (Entered: 06/14/2006)
2006-06-14		Set/Reset Hearings: Motion Hearing set for 6/22/2006 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer. (rje) (Entered: 06/14/2006)
2006-06-16	49	ORDER Continuing Hearing on 39 MOTION for Summary Judgment, 40 MOTION for Summary Judgment, and 42 MOTION for Summary Judgment from 6/22/2006 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer to 7/25/2006 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer. See Order for details. Signed by Judge Louis F. Oberdorfer on June 16, 2006. (wp) (Entered: 06/16/2006)
2006-06-19		Set/Reset Hearings: Motion Hearing reset for 7/25/2006at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer. (rje) (Entered: 06/19/2006)
2006-07-07	50	ORDER Continuing Hearing on 39 MOTION for Summary Judgment, 40 MOTION for Summary Judgment, and 42 MOTION for Summary Judgment from 7/26/2006 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer to 8/8/2006 at 3:00 PM in Courtroom 3 before Judge Louis F. Oberdorfer. See Order for details. Signed by Judge Louis F. Oberdorfer on July 7, 2006.(wp) (Entered: 07/07/2006)
2006-07-11		Set/Reset Hearings: Motion Hearing reset for 8/8/2006 at 3:00 PM in Courtroom 3 before Judge Louis F. Oberdorfer. (rje) Modified on 7/11/2006 (rje, ). (Entered: 07/11/2006)
2006-08-07	51	NOTIFICATION OF SUPPLEMENTAL AUTHORITY by IN DEFENSE OF ANIMALS (Meyer, Katherine) (Entered: 08/07/2006)
2006-08-08		Minute Entry for proceedings held before Judge Louis F. Oberdorfer : Motion Hearing held on 8/8/2006. Motion Hearing continued to 8/9/2006 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer. (Court Reporter Susan Tyner.) (rje) (Entered: 08/08/2006)
2006-08-09		MINUTE ORDER: Motion Hearing presently set for 8/9/2006 at 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer is RESCHEDULED for 9:30 AM. Signed by Judge Louis F. Oberdorfer on August 8, 2006. (AG) (Entered: 08/09/2006)
2006-08-09		Minute Entry for proceedings held on 8/9/2006: Motion Hearing continued from 8/8/2006 held on 8/9/2006. (Court Reporter Lisa Griffith.) (rje) (Entered: 08/09/2006)
2006-08-09	52	ORDER REFERRING CASE to Mediation. Mediation efforts to conclude by October 31, 2006. If successful, counsel to file joint stipulation notifying Court on or before November 2, 2006; if unsuccessful, status conference will be held on Wednesday, November 8, 2006, at 11:00 a.m. Signed by Judge Louis F. Oberdorfer on August 9, 2006. (AG) (Entered: 08/10/2006)
2006-08-10		Set/Reset Deadlines: Mediation to conclude by 10/31/2006. (AG) (Entered: 08/10/2006)
2006-08-10		Set/Reset Hearings: Status Conference set for 11/8/2006 11:00 AM in Courtroom 3 before Judge Louis F. Oberdorfer. (AG) (Entered: 08/10/2006)
2006-08-10	53	NOTICE TO COUNSEL re mediation. See Notice for details. Signed by Judge Louis F. Oberdorfer on August 10, 2006. (AG) (Entered: 08/10/2006)
2006-11-08		Minute Entry for proceedings held before Judge Louis F. Oberdorfer : Status Conference held on 11/8/2006. (Court Reporter Edward Hawkins.) (alr) (Entered: 11/08/2006)
2006-11-08	54	NOTICE of Filing by LIFE SCIENCES RESEARCH, INC. (Attachments: # 1 Exhibit A)(Menendez, Alex) (Entered: 11/08/2006)
2006-11-08	55	NOTICE Of Filing by IN DEFENSE OF ANIMALS (Attachments: # 1 Exhibit MM -- Part 1# 2 Exhibit MM -- Part 2# 3 Exhibit MM -- Part 3)(Meyer, Katherine) (Entered: 11/08/2006)
2007-03-06	56	ORDER for defendants to produce documents for in camera review on or before April 6, 2007. See order for details. Signed by Judge Louis F. Oberdorfer on March 6, 2007. (AG) (Entered: 03/06/2007)
2007-03-30		MINUTE ORDER extending deadline for submission of documents pursuant to Order dated March 6, 2007 (docket 56 ) from April 6, 2007 to April 10, 2007. Signed by Judge Louis F. Oberdorfer on 03/30/2007. (BGK) (Entered: 03/30/2007)
2007-03-30		Set/Reset Deadlines: Submission of documents due by 4/10/2007. (adc) (Entered: 03/30/2007)
2007-04-10	57	NOTICE OF IN CAMERA SUBMISSION by UNITED STATES DEPARTMENT OF AGRICULTURE (Work, Anne) (Entered: 04/10/2007)
2007-08-06	58	ORDER denying 39 Defendant's Motion for Summary Judgment; denying 40 Intervenor-Defendant's Motion for Summary Judgment; denying 42 Plaintiff's Cross-Motion for Summary Judgment; and directing the parties to confer and submit a joint status report for further proceedings on or before September 12, 2007. Signed by Judge Louis F. Oberdorfer on August 6, 2007. (BGK) (Entered: 08/06/2007)
2007-08-06	59	ENTERED IN ERROR.....MEMORANDUM AND OPINION accompanying Order 58 . Signed by Judge Louis F. Oberdorfer on August 6, 2007. (BGK) Modified on 8/14/2007 (adc). (Entered: 08/06/2007)
2007-08-14	60	MEMORANDUM AND OPINION. Signed by Judge Louis F. Oberdorfer on August 14, 2007. (adc) (Entered: 08/14/2007)
2007-08-14		NOTICE OF CORRECTED DOCKET ENTRY: Memorandum Opinion 59 entered on 8/6/07 was entered in error due to incorrect party name. Corrected Memorandum Opinion 60 corecting party name entered on 8/14/07. (adc) (Entered: 08/14/2007)
2007-08-30	61	NOTICE of Appearance by Allan Blutstein on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Blutstein, Allan) (Entered: 08/30/2007)
2007-09-12	62	STATUS REPORT by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Blutstein, Allan) (Entered: 09/12/2007)
2007-10-29	63	STATUS REPORT by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Blutstein, Allan) (Entered: 10/29/2007)
2007-10-31	64	ORDER to the parties to confer and submit a joint written status report on or before November 30, 2007. Signed by Judge Louis F. Oberdorfer on October 31, 2007. (lclfo2) (Entered: 10/31/2007)
2007-11-30	65	STATUS REPORT by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Blutstein, Allan) (Entered: 11/30/2007)
2007-12-04	66	ORDER to the parties to confer and submit a joint written status report on or before December 14, 2007. Signed by Judge Louis F. Oberdorfer on December 4, 2007. (lclfo2) (Entered: 12/04/2007)
2007-12-14	67	STATUS REPORT by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Blutstein, Allan) (Entered: 12/14/2007)
2008-01-03	68	SCHEDULING ORDER in light of the parties' December 14, 2007 joint status report. Signed by Judge Richard W. Roberts on 1/3/08. (lcrwr2) (Entered: 01/03/2008)
2008-01-17	69	Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Delcianna J. Winders, :Firm- Meyer Glitzenstein & Crystal, :Address- 1601 Connecticut Ave NW, Washington D.C. 20009. Phone No. - 202-588-5206. Fax No. - 202-588-5049 by IN DEFENSE OF ANIMALS (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Meyer, Katherine) (Entered: 01/17/2008)
2008-01-22		MINUTE ORDER: It is hereby ORDERED that plaintiff's unopposed motion 69 for the admission pro hac vice of Delcianna J. Winters as co-counsel for plaintiff be, and hereby is, GRANTED. Signed by Judge Richard W. Roberts on 1/22/08. (lcrwr2) (Entered: 01/22/2008)
2008-01-25	70	NOTICE of Appearance by Delcianna J. Winders on behalf of IN DEFENSE OF ANIMALS (Winders, Delcianna) (Entered: 01/25/2008)
2008-02-19	71	Consent MOTION for Extension of Time to Complete Pre-Trial Discovery by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 02/19/2008)
2008-02-25	72	ORDER granting 71 Motion for modification of pretrial schedule. Signed by Judge Richard W. Roberts on 2/22/08. (lin, ) (Entered: 02/25/2008)
2008-03-17	73	NOTICE of Appearance by Eric Robert Glitzenstein on behalf of IN DEFENSE OF ANIMALS (Glitzenstein, Eric) (Entered: 03/17/2008)
2008-04-11	74	Consent MOTION for Extension of Time to Complete Discovery by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 04/11/2008)
2008-04-14	75	ORDER: Upon consideration of plaintiff's 74 Motion for Extension of Time to Complete Discovery; it is hereby ordered that the motion is GRANTED. It is further ordered that the plaintiff has until 05/12/08 to decide whether to renew motion for summary judgment or proceed to trial. It is further ordered that plaintiff's renewed motion for summary judgment is due on or before 06/11/08, or 07/11/08 if plaintiff has designated any expert witness(es) by 05/12/08. Expert witness report due on or before 05/12/08. It is further ordered that defendant's shall have until 06/11/08 to take depostion from any expert. It is further ordered that within 3 business days of the close of discovery, parties shall move to post-discovery status conference. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard W. Roberts on 04/14/08. (tb, ) (Entered: 04/15/2008)
2008-04-14		Set/Reset Deadlines: Renewed Summary Judgment Motion due on or before 6/11/2008, or 07/11/08 if plaintiff has designated any expert witness(es) by 05/12/08. (tb, ) (Entered: 04/15/2008)
2008-04-16		Set/Reset Deadlines: decision on whether to renew summary judgment motion or proceed to trial due by 5/12/2008. Renewed Summary Judgment motions due by 6/11/2008. (lin, ) (Entered: 04/16/2008)
2008-05-12	76	Consent MOTION for Extension of Time to Submit Plaintiff's Expert Report by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 05/12/2008)
2008-05-12	77	NOTICE of Intent to Proceed With Trial by IN DEFENSE OF ANIMALS re 75 Order on Motion for Extension of Time to Complete Discovery,,, (Winders, Delcianna) (Entered: 05/12/2008)
2008-05-16	78	Joint MOTION Post-Discovery Status Conference re 75 Order on Motion for Extension of Time to Complete Discovery,,, by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 05/16/2008)
2008-05-19		MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 78 for a post-discovery status conference be, and hereby is, GRANTED. The post-discovery status conference is SCHEDULED for June 13, 2008 at 10:00 a.m. Signed by Judge Richard W. Roberts on 5/19/08. (lcrwr2) (Entered: 05/19/2008)
2008-05-27		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 76 for an extension of time to submit its expert report be, and is hereby is, GRANTED nunc pro tunc. Signed by Judge Richard W. Roberts on 5/27/08. (lcrwr2) (Entered: 05/27/2008)
2008-06-12	79	MOTION in Limine to Exclude the Testimony of Ricardo Solano, Jr. by IN DEFENSE OF ANIMALS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Winders, Delcianna) (Entered: 06/12/2008)
2008-06-12	80	Amended MOTION in Limine to Exclude the Testimony of Ricardo Solano, Jr. by IN DEFENSE OF ANIMALS (Winders, Delcianna) (Entered: 06/12/2008)
2008-06-13		Minute Entry for proceedings held before Judge Richard W. Roberts: Status Conference held on 6/13/2008, Trial set for 11/20/2008 at 09:15 AM in Courtroom 9 before Judge Richard W. Roberts. Final Pretrial Conference set for 11/13/2008 at 09:15AM before Judge Richard W. Roberts. (Court Reporter Cathryn Jones.) (hs) (Entered: 06/13/2008)
2008-06-20	81	ORDER scheduling trial for November 20, 2008 at 9:15 a.m. Pretrial conference is set for November 13, 2008 at 9:15 a.m.; joint pretrial statement due 11 days prior. Signed by Judge Richard W. Roberts on 6/20/08. (lcrwr2) (Entered: 06/20/2008)
2008-06-27	82	Memorandum in opposition to re 80 Amended MOTION in Limine to Exclude the Testimony of Ricardo Solano, Jr. filed by LIFE SCIENCES RESEARCH, INC.. (Attachments: # 1 Exhibit Expert Report Ricardo Solano)(Rossier, Richard) (Entered: 06/27/2008)
2008-07-10	83	REPLY to opposition to motion re 80 Amended MOTION in Limine to Exclude the Testimony of Ricardo Solano, Jr. filed by IN DEFENSE OF ANIMALS. (Winders, Delcianna) (Entered: 07/10/2008)
2008-08-25	84	Consent MOTION for Extension of Time to CommenceTrial by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 08/25/2008)
2008-09-09	85	ORDER granting 84 Motion for modification of scheduling order. Signed by Judge Richard W. Roberts on 9/9/08. (lin, ) (Entered: 09/09/2008)
2008-09-09		Set/Reset Deadlines/Hearings: Motions due by 9/24/2008. Bench Trial set for 12/16/2008 09:15 AM in Courtroom 9 before Judge Richard W. Roberts. Pretrial Conference set for 12/9/2008 02:30 PM in Courtroom 9 before Judge Richard W. Roberts. (lin, ) (Entered: 09/09/2008)
2008-09-24	86	STIPULATION as to Trial Exhibits by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Winders, Delcianna) (Entered: 09/24/2008)
2008-09-24	87	STIPULATION as to Facts by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Winders, Delcianna) (Entered: 09/24/2008)
2008-09-24	88	MOTION in Limine to Exclude Defendants' Proposed Trial Exhibits by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 09/24/2008)
2008-10-09	89	Memorandum in opposition to re 88 MOTION in Limine to Exclude Defendants' Proposed Trial Exhibits filed by LIFE SCIENCES RESEARCH, INC.. (Attachments: # 1 Exhibit Exhibits to Opposition Memorandum)(Rossier, Richard) (Entered: 10/09/2008)
2008-10-20	90	REPLY to opposition to motion re 88 MOTION in Limine to Exclude Defendants' Proposed Trial Exhibits filed by IN DEFENSE OF ANIMALS. (Winders, Delcianna) (Entered: 10/20/2008)
2008-11-19	91	MOTION in Limine to Exclude the Testimony of Michael Caulfield by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Winders, Delcianna) (Entered: 11/19/2008)
2008-11-21	92	MEMORANDUM OPINION AND ORDER granting plaintiff's motion 80 to exclude testimony of Ricardo Solano, Jr. and granting plaintiff's motion 88 to exclude defendants' proposed trial exhibits. Signed by Judge Richard W. Roberts on 11/21/08. (lcrwr2) (Entered: 11/21/2008)
2008-11-24	93	Memorandum in opposition to re 91 MOTION in Limine to Exclude the Testimony of Michael Caulfield filed by LIFE SCIENCES RESEARCH, INC.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Rossier, Richard) (Entered: 11/24/2008)
2008-11-25	94	NOTICE by UNITED STATES DEPARTMENT OF AGRICULTURE (Blutstein, Allan) (Entered: 11/25/2008)
2008-11-28	95	PRETRIAL STATEMENT by LIFE SCIENCES RESEARCH, INC.. (Rossier, Richard) (Entered: 11/28/2008)
2008-12-02	96	REPLY to opposition to motion re 91 MOTION in Limine to Exclude the Testimony of Michael Caulfield filed by IN DEFENSE OF ANIMALS. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Winders, Delcianna) (Entered: 12/02/2008)
2008-12-02	97	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth T. Kidder, :Firm- McLeod, Watkinson & Miller, :Address- One Massachusetts Avenue, NW, Suite 800, Washington, DC 20001. Phone No. - 202-842-2345. Fax No. - 202-408-7763 by LIFE SCIENCES RESEARCH, INC. (Attachments: # 1 Declaration Elizabeth T. Kidder Declaration, # 2 Text of Proposed Order)(Menendez, Alex) (Entered: 12/02/2008)
2008-12-05	98	Unopposed MOTION to Amend/Correct 95 Pretrial Statement by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric) (Entered: 12/05/2008)
2008-12-09		MINUTE ORDER: It is hereby ORDERED that defendants' motion 97 to admit Elisabeth T. Kidder pro hac vice be, and hereby is, GRANTED.Signed by Judge Richard W. Roberts on 12/9/08.(lcrwr2) (Entered: 12/09/2008)
2008-12-09	99	NOTICE of Filing Concerning Defendant's and Intervenor's Prior Positions Regarding the Involuntary Submission of the Documents at Issue by IN DEFENSE OF ANIMALS (Glitzenstein, Eric) (Entered: 12/09/2008)
2008-12-09		Minute Entry for proceedings held before Judge Richard W. Roberts: Final Pretrial Conference held on 12/9/2008. Motion # 91 granted in part and denied in part. Motion # 98 granted. (Court Reporter Scott Wallace.) (lin, ) (Entered: 12/10/2008)
2008-12-10	100	TRANSCRIPT OF PROCEEDINGS before Judge Richard W. Roberts of proceedings held on 12-09-08; Page Numbers: 1-53. Date of Issuance:12-10-08. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Court Reporter Email Address : swallace.reporter@gmail.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 12/31/2008. Redacted Transcript Deadline set for 1/12/2009. Release of Transcript Restriction set for 3/10/2009.(Wallace, Scott) (Entered: 12/10/2008)
2008-12-10	101	RESPONSE to Plaintiff's Notice by LIFE SCIENCES RESEARCH, INC. re 99 Notice (Other) (Menendez, Alex) . (Entered: 12/10/2008)
2008-12-10		MINUTE ORDER: It is hereby ORDERED that plaintiff shall have until Friday, December 12 at noon to respond to intervenor-defendant's response to plaintiff's notice of filing concerning defendant's and intervenor's prior positions regarding the involuntary submission of the documents at issue. Signed by Judge Richard W. Roberts on 12/10/08. (lcrwr2) (Entered: 12/10/2008)
2008-12-11	102	TRIAL BRIEF by LIFE SCIENCES RESEARCH, INC.. (Rossier, Richard) (Entered: 12/11/2008)
2008-12-11	103	TRIAL BRIEF by IN DEFENSE OF ANIMALS. (Winders, Delcianna) (Entered: 12/11/2008)
2008-12-12	104	REPLY re 101 Notice (Other) filed by IN DEFENSE OF ANIMALS. (Winders, Delcianna) (Entered: 12/12/2008)
2008-12-12	105	Consent MOTION for Leave to File Reply to Response by LIFE SCIENCES RESEARCH, INC. (Attachments: # 1 Text of Proposed Order)(Rossier, Richard) (Entered: 12/12/2008)
2008-12-12	106	REPLY re 99 Notice (Other) to Response filed 12/12/08 by In Defense of Animals filed by LIFE SCIENCES RESEARCH, INC.. (Rossier, Richard) (Entered: 12/12/2008)
2008-12-12	107	Consent MOTION to Withdraw as Attorney Kimberly Ockene by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Ockene, Kimberly) (Entered: 12/12/2008)
2008-12-15		MINUTE ORDER: It is hereby ORDERED that plaintiff's consent motion 107 for withdrawal of counsel Kimberly D. Ockene be, and hereby is, GRANTED. Attorney Kimberly Denise Ockene terminated. It is further ORDERED that intervenor-defendant's unopposed motion 105 for leave to file a response to plaintiff's reply be, and hereby is, GRANTED. Signed by Judge Richard W. Roberts on 12/15/08.(lcrwr2) (Entered: 12/15/2008)
2008-12-15	108	MEMORANDUM ORDER excluding any evidence offered for the purpose of proving that documents obtained from HLS were obtained voluntarily and directing that, in order to fully preserve this issue for the record, LSR file by Tuesday, December 16, 2008 a detailed proffer of evidence it sought to offer at trial to show voluntariness. Signed by Judge Richard W. Roberts on 12/15/08. (lcrwr2) (Entered: 12/15/2008)
2008-12-15		Set/Reset Deadlines: Proffer of Evidence due by 12/16/2008. (gdf) (Entered: 12/15/2008)
2008-12-15	109	MOTION to Continue TRIAL by LIFE SCIENCES RESEARCH, INC. (Attachments: # 1 Text of Proposed Order)(Rossier, Richard) (Entered: 12/15/2008)
2008-12-15	110	Memorandum in opposition to re 109 MOTION to Continue TRIAL filed by IN DEFENSE OF ANIMALS. (Winders, Delcianna) (Entered: 12/15/2008)
2008-12-16		Minute Entry Bench Trial held on 12/16/2008 before Judge Richard W. Roberts: Motion to Continue Trial 109 ; DENIED. Opening Statements. Defendant witness: Michael Coffield.Bench Trial continued for 12/17/2008 09:15 AM in Courtroom 9 before Judge Richard W. Roberts. (Court Reporter Catalina Kerr) (tb, ) (Entered: 12/16/2008)
2008-12-16	111	NOTICE of Proffer of Evidence on Issue of Voluntariness and Espionage by LIFE SCIENCES RESEARCH, INC. re 108 Order, (Rossier, Richard) (Entered: 12/16/2008)
2008-12-17		Minute Entry for proceedings held before Judge Richard W. Roberts: Bench Trial held on 12/17/2008. Bench Trial resumed and concluded. Counsel given until 12/22/2008 to file a joint status report about the plaintiff's position regarding intervenors/counter and counter-defendant's designations.Counsel to file Proposed Finding of Facts and Conclusion of Law with an accompanying order by 1/30/2009. Counsel to file a Joint Status Report by 2/9/2009.(Witness: Dr. Robert Szot) (Court Reporter Catalina Kerr) (jwd, ) Modified on 12/17/2008 (jwd, ). (Entered: 12/17/2008)
2008-12-17		NOTICE OF CORRECTED DOCKET ENTRY: re Bench Trial entry corrected to reflect that the parties are to file a Joint Status Report by 12/22/2008 regarding the plaintiff position about intervenor and counter-defendant's designations.(jwd) (Entered: 12/17/2008)
2008-12-17		Set/Reset Scheduling Order Deadlines: A Status Report is due by 12/22/2008. (jwd) (Entered: 12/17/2008)
2008-12-22	112	NOTICE of Joint Designation/Counter-Designation of Deposition of Dr. Robert Zsot by LIFE SCIENCES RESEARCH, INC. (Attachments: # 1 Appendix Robert Zsot)(Rossier, Richard) (Entered: 12/22/2008)
2009-01-30	113	Proposed Findings of Fact by LIFE SCIENCES RESEARCH, INC.. (Rossier, Richard) (Entered: 01/30/2009)
2009-01-30	114	Proposed Findings of Fact by IN DEFENSE OF ANIMALS. (Winders, Delcianna) (Entered: 01/30/2009)
2009-02-04	115	TRANSCRIPT OF PROCEEDINGS before Judge Richard W. Roberts of proceedings held on 12/16/08; Page Numbers: 1-205. Date of Issuance:2/4/09. Court Reporter/Transcriber Catalina Kerr, Telephone number 202.354.3258, Court Reporter Email Address : catykerr@msn.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 2/25/2009. Redacted Transcript Deadline set for 3/9/2009. Release of Transcript Restriction set for 5/5/2009.(Kerr, Catalina) (Entered: 02/04/2009)
2009-02-04	116	TRANSCRIPT OF PROCEEDINGS before Judge Richard W. Roberts of proceedings held on 12/17/08; Page Numbers: 1-193. Date of Issuance:2/4/09. Court Reporter/Transcriber Catalina Kerr, Telephone number 202.354.3258, Court Reporter Email Address : catykerr@msn.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 2/25/2009. Redacted Transcript Deadline set for 3/9/2009. Release of Transcript Restriction set for 5/5/2009.(Kerr, Catalina) (Entered: 02/04/2009)
2009-02-09	117	STATUS REPORT by LIFE SCIENCES RESEARCH, INC., IN DEFENSE OF ANIMALS, UNITED STATES DEPARTMENT OF AGRICULTURE. (Blutstein, Allan) (Entered: 02/09/2009)
2009-03-06	118	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF AGRICULTURE. Attorney Allan Blutstein terminated. (Blutstein, Allan) (Entered: 03/06/2009)
2009-03-20	119	NOTICE of Change of Address by Anne Davis Work (Work, Anne) (Entered: 03/20/2009)
2009-05-07	120	Consent MOTION to Withdraw by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order)(Winders, Delcianna) (Entered: 05/07/2009)
2009-05-14		MINUTE ORDER: It is hereby ORDERED that the plaintiff's consent motion 120 for withdrawal of counsel Delcianna Winders be, and hereby is, GRANTED.Signed by Judge Richard W. Roberts on 5/13/09. (lcrwr2) (Entered: 05/14/2009)
2009-09-18	121	MEMORANDUM OPINION accompanying final judgment. Signed by Judge Richard W. Roberts on 9/18/09. (lcrwr2) (Entered: 09/18/2009)
2009-09-18	122	VACATED PURSUANT ORDER DATED 07/01/2011......FINAL JUDGMENT entered for the plaintiff.Signed by Judge Richard W. Roberts on 9/18/09. (lcrwr2) Modified on 7/1/2011 (rje). (Entered: 09/18/2009)
2009-10-01	123	Unopposed MOTION for Extension of Time to File Application for Attorneys' Fees and Costs Against the Federal Defendant by IN DEFENSE OF ANIMALS (Glitzenstein, Eric) (Entered: 10/01/2009)
2009-10-02		MINUTE ORDER: It is hereby ORDERED that the plaintiff's unopposed motion 123 for a 60-day extension of time, until and including December 1, 2009, be, and hereby is, GRANTED. Signed by Judge Richard W. Roberts on 10/2/09. (lcrwr2) (Entered: 10/02/2009)
2009-10-02		Set/Reset Deadlines: Plaintff's Application for Attorney Fees and Cost due by 12/1/2009. (hs) (Entered: 10/02/2009)
2009-10-13	124	NOTICE of Appearance by Caroline A. Smith on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE (Smith, Caroline) (Entered: 10/13/2009)
2009-10-14	125	NOTICE of Appearance by Paul Mogin on behalf of LIFE SCIENCES RESEARCH, INC. (Mogin, Paul) (Entered: 10/14/2009)
2009-10-28	126	MOTION to Stay Pending Appeal by LIFE SCIENCES RESEARCH, INC. (Mogin, Paul) (Entered: 10/28/2009)
2009-10-28	127	NOTICE OF APPEAL as to 122 Order, 108 Order, 92 Memorandum & Opinion, by LIFE SCIENCES RESEARCH, INC.. Filing fee $ 455, receipt number 4616024995. Fee Status: Fee Paid. Parties have been notified. (dr) (Entered: 10/29/2009)
2009-10-29	128	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 127 Notice of Appeal. (dr) (Entered: 10/29/2009)
2009-10-29		MINUTE ORDER: It is hereby ORDERED that the plaintiff file by November 6, 2009 an opposition to the intervenor-defendant's motion 126 for stay pending appeal. Signed by Judge Richard W. Roberts on 10/29/09. (lcrwr2) (Entered: 10/29/2009)
2009-10-29		USCA Case Number 09-5375 for 127 Notice of Appeal filed by LIFE SCIENCES RESEARCH, INC.. (znmw, ) (Entered: 10/29/2009)
2009-10-30		Set/Reset Deadlines: Plaintiffs' Opposition/Response due by 11/6/2009. (hs) (Entered: 10/30/2009)
2009-11-05	129	Memorandum in opposition to re 126 MOTION to Stay Pending Appeal Plaintiff's Response to Intervenor-Defendant's Motion for Stay Pending Appeal filed by IN DEFENSE OF ANIMALS. (Glitzenstein, Eric) (Entered: 11/05/2009)
2009-11-09		MINUTE ORDER: It is hereby ORDERED that the intervenor-defendant's motion 126 for stay of the execution of judgment pending the disposition of the intervenor-defendant's appeal be, and hereby is, GRANTED as unopposed. Signed by Judge Richard W. Roberts on 11/9/09. (lcrwr2) (Entered: 11/09/2009)
2009-11-12	130	NOTICE OF APPEAL as to 122 Order, 121 Memorandum & Opinion by UNITED STATES DEPARTMENT OF AGRICULTURE. Fee Status: No Fee Paid. Parties have been notified. (Smith, Caroline) (Entered: 11/12/2009)
2009-11-13	131	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 130 Notice of Appeal. (znmw, ) (Entered: 11/13/2009)
2009-11-16		USCA Case Number 09-5390 for 130 Notice of Appeal filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (znmw, ) (Entered: 11/16/2009)
2009-11-19	132	Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs by IN DEFENSE OF ANIMALS (Attachments: # 1 Text of Proposed Order Proposed Order)(Glitzenstein, Eric) (Entered: 11/19/2009)
2009-11-24		MINUTE ORDER: It is hereby ORDERED that the plaintiff's unopposed motion 132 for an extension of time for filing any motion for attorney's fees and costs until the disposition of the pending appeals be, and hereby is, GRANTED. The plaintiff is directed to file a motion for attorney's fees and costs 60 days after the issuance of the mandate in both of the pending appeals. Signed by Judge Richard W. Roberts on 11/24/09. (lcrwr2) (Entered: 11/24/2009)
2010-10-22	133	Joint MOTION for order indicating intent to modify or vacate disclosure order in light of settlement by LIFE SCIENCES RESEARCH, INC. (Mogin, Paul) (Entered: 10/22/2010)
2011-02-22	134	ORDER of USCA (certified copy) as to 127 Notice of Appeal filed by LIFE SCIENCES RESEARCH, INC. ; USCA Case Number 09-5375. ORDERED that the joint motion to continue to hold case in abeyance be granted and these cases remain held in abeyance pending further order of the court. (zsmm) (Entered: 03/04/2011)
2011-04-20	135	Joint MOTION for Hearing re 133 Joint MOTION for order indicating intent to modify or vacate disclosure order in light of settlement Request for Status Hearing by IN DEFENSE OF ANIMALS, LIFE SCIENCES RESEARCH, INC., UNITED STATES DEPARTMENT OF AGRICULTURE (Glitzenstein, Eric) (Entered: 04/20/2011)
2011-05-26	136	ORDER; granting Joint Motion To Effectuate Settlement, Signed by Judge Richard W. Roberts on 5/25/2011. (hs) (Entered: 05/26/2011)
2011-05-26		MINUTE ORDER: It is hereby ORDERED that the parties' joint motion 135 for a status hearing be, and hereby is, DENIED as moot. Signed by Judge Richard W. Roberts on 5/26/11. (lcrwr2) (Entered: 05/26/2011)
2011-06-14	137	ORDER of USCA as to 127 Notice of Appeal filed by LIFE SCIENCES RESEARCH, INC. ; USCA Case Number 09-5375. ORDERED that the motion be granted, and these cases are hereby dismissed and remanded to the district court. The Clerk is directed to transmit forthwith to the United States District Court for the District of Columbia a certified copy of this order in lieu of formal mandate. (kb) (Main Document 137 replaced on 6/21/2011) (zkb, ). (Entered: 06/15/2011)
2011-06-30	138	MOTION to Set Aside Judgment of Sept. 18, 2009 as moot pursuant to the settlement of the case and the disclosure to plaintiff of the documents identified in the settlement by LIFE SCIENCES RESEARCH, INC. (Mogin, Paul) (Entered: 06/30/2011)
2011-07-01	139	ORDERED that the 138 Motion to Set Aside Judgmentis GRANTED, and the Court's Disclosure Order of September 18, 2009 122 is hereby VACATED as Moot. Signed by Judge Richard W. Roberts on 6/30/11. (rje) (Entered: 07/01/2011)
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