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Case TitlePHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE v. UNITED STATES DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv00483
Date Filed2013-04-10
Date Closed2018-05-25
JudgeJudge Amy Berman Jackson
PlaintiffPHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
DefendantNATIONAL CATTLEMEN'S BEEF ASSOCIATION
DefendantDAIRY MANAGEMENT INC.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [95]
FOIA Project Annotation: Judge Amy Berman Jackson has ruled that beef checkoff program records submitted to the Department of Agriculture by the National Cattlemen's Beef Association are not agency records. The Physicians Committee for Responsible Medicine sued USDA after it withheld documents related to the government's dairy and beef checkoff programs. Jackson allowed Dairy Management, Inc. to intervene in the suit to argue whether records it had submitted to the agency concerning the daily checkoff program qualified as agency records. Jackson determined DMI's records were agency records and ordered the agency to process more than 8,000 documents. The only claim remaining was whether records provided by the National Cattlemen's Beef Association pertaining to the beef checkoff program also qualified as agency records. This time, Jackson decided the NCBA records were not agency records. She observed that "there is no dispute that neither [the Agricultural Marketing Service] nor the Beef Board has requested or received any responsive NCBA records, and NCBA records have never been in AMS's or the Board's possession, custody, or control." PCRM argued that the agency had an unfettered right to obtain the NCBA records. But Jackson pointed out that was not enough. She explained that the "Supreme Court held in Forsham v. Harris that documents an agency has the right to acquire would not become agency records subject to FOIA 'unless and until the right is exercised.'" She indicated that "by ordering the agency to 'exercise its right access,' the Court 'effectively would be compelling the agency to "create" an agency record,' and thus would 'extend the reach of [FOIA] beyond what. . .Congress intended.'" Jackson found AMS had not exercised control of the NCBA records. She pointed out that "it is undisputed that 'AMS has no knowledge of any USDA personnel having either read or relied on the records in question.' 'Where an agency has neither created nor referenced a document in the "conduct of its official duties," the agency has not exercised the degree of control required to subject the document to disclosure under FOIA.'"
Issues: Agency Record - Custody, Agency Record - Control
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-04-101COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 350 receipt number 0090-3278586) filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for defendant, # 3 Summons for Attorney General, # 4 Summons for U.S. Attorney)(Kennedy, Mark) (Entered: 04/10/2013)
2013-04-102Corporate Disclosure Statement by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) (Entered: 04/10/2013)
2013-04-10Case Assigned to Judge Amy Berman Jackson. (md, ) (Entered: 04/11/2013)
2013-04-11ELECTRONIC SUMMONS Not Issued (3) as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. ATTORNEY'S OFFICE, U.S. ATTORNEY GENERAL. (md, ) (Entered: 04/11/2013)
2013-04-113NOTICE of Corrected Summons by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE (Attachments: # 1 Summons for defendant, # 2 Summons for Attorney General, # 3 Summons for U.S. Attorney)(Kennedy, Mark) (Entered: 04/11/2013)
2013-04-124ELECTRONIC SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (jf, ) (Entered: 04/12/2013)
2013-04-255NOTICE of Appearance by Laurie J. Weinstein on behalf of All Defendants (Weinstein, Laurie) (Entered: 04/25/2013)
2013-04-256RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/22/2013. Answer due for ALL FEDERAL DEFENDANTS by 5/22/2013. (Attachments: # 1 Exhibit RETURNED MAIL CARD)(Kennedy, Mark) (Entered: 04/25/2013)
2013-04-257RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/17/2013. (Attachments: # 1 Exhibit RETURNED MAIL CARD)(Kennedy, Mark) (Entered: 04/25/2013)
2013-05-108RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 4/16/2013 (Attachments: # 1 Exhibit USPS online verification)(Kennedy, Mark) (Entered: 05/10/2013)
2013-05-229ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Weinstein, Laurie) (Entered: 05/22/2013)
2013-05-2310ORDER that defendant file on or before 6/20/13 a dispositive motion or, in the alternative, a report setting forth the schedule for document production to plaintiff. See ORDER for details. Signed by Judge Amy Berman Jackson on 5/23/13. (DMK) (Entered: 05/23/2013)
2013-05-23Set/Reset Deadlines: Defendant to either file a dispositive motion or a report setting forth the schedule for document production to plaintiff by 6/20/2013. (jth) (Entered: 05/23/2013)
2013-06-2111Consent MOTION for Leave to File Proposed Schedule Nunc Pro Tunc by UNITED STATES DEPARTMENT OF AGRICULTURE (Weinstein, Laurie) (Entered: 06/21/2013)
2013-06-2112Consent MOTION for Scheduling Order by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 06/21/2013)
2013-06-21MINUTE ORDER granting 11 Motion for Leave to File proposed briefing schedule nunc pro tunc. Signed by Judge Amy Berman Jackson on 6/21/13. (DMK) (Entered: 06/21/2013)
2013-06-21MINUTE ORDER granting 12 Motion for Scheduling Order. Defendant's motion for summary judgment is due on or before August 5, 2013; plaintiff's opposition to defendant's motion and combined cross-motion, if any, is due on or before September 19, 2013; defendant's reply in support of its motion and combined opposition to plaintiff's cross-motion, if any, is due on or before October 21, 2013; Plaintiff's reply in support of its cross-motion, if any, is due on or before November 5, 2013. Signed by Judge Amy Berman Jackson on 6/21/13. (lcabj1) (Entered: 06/21/2013)
2013-06-21Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due by 8/5/2013; Plaintiff's Opposition and Cross-Motion is due by 9/19/2013; Defendant's Reply in support of its Motion and Opposition to the Cross-Motion is due by 10/21/2013. Plaintiff's Reply in support of its Cross-Motion is due by 11/5/2013. (jth) (Entered: 06/21/2013)
2013-08-0213Consent MOTION for Extension of Time to File Summary Judgment by Two Days by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 08/02/2013)
2013-08-02MINUTE ORDER granting 13 Motion for Extension of Time to File Summary Judgment Motion. Defendant's motion for summary judgment is due on or before August 7, 2013. Signed by Judge Amy Berman Jackson on 8/2/13. (lcabj1) (Entered: 08/02/2013)
2013-08-02Set/Reset Deadlines: Summary Judgment motions due by 8/7/2013. (tb, ) (Entered: 08/02/2013)
2013-08-0714MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Declaration of Emmer-Scott, # 4 Exhibit Exh. A to Emmer-Scott Declaration, # 5 Exhibit Exh.B to Emmer-Scott Declaration, # 6 Exhibit Exh. C to Emmer-Scott Declaration, # 7 Exhibit Exh. D to Emmer-Scott Declaration, # 8 Exhibit Exh. E to Emmer-Scott Declaration, # 9 Exhibit Exh. F to Emmer-Scott Declaration, # 10 Exhibit Exh. G to Emmer-Scott Declaration, # 11 Exhibit Exh. H to Emmer-Scott Declaration, # 12 Exhibit Exh. J to Emmer-Scott Declaration, # 13 Exhibit Exh. K to Emmer-Scott Declaration, # 14 Exhibit Exh. L to Emmer-Scott Declaration, # 15 Exhibit Exh. M to Emmer-Scott Declaration, # 16 Exhibit Exh. N to Emmer-Scott Declaration, # 17 Exhibit Exh. O to Emmer-Scott Declaration, # 18 Exhibit Exh. P to Emmer-Scott Declaration, # 19 Exhibit Exh. Q to Emmer-Scott Declaration, # 20 Exhibit Exh. R to Emmer-Scott Declaration, # 21 Exhibit Exh. I to Emmer-Scott Declaration, # 22 Exhibit Shackelford Declaration, # 23 Exhibit Johnson Declaration, # 24 Exhibit Conti Declaration, # 25 Exhibit Gacek Declaration, # 26 Exhibit Harkins Declaration, # 27 Exhibit Vaughn Index)(Weinstein, Laurie) (Entered: 08/07/2013)
2013-09-1715MOTION for Summary Judgment by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE (Attachments: # 1 Memorandum in Support and in Opposition to Defendant's Motion for Summary Judgment, # 2 Statement of Facts and Response to Defendant's Statement of Facts, # 3 Text of Proposed Order, # 4 Affidavit Declaration of Mark Kennedy, # 5 Exhibit Exhibit A to Kennedy Declaration, # 6 Exhibit Exhibit B to Kennedy Declaration, # 7 Exhibit Exhibit C to Kennedy Declaration, # 8 Exhibit Exhibit D to Kennedy Declaration, # 9 Exhibit Exhibit E to Kennedy Declaration, # 10 Exhibit Exhibit F to Kennedy Declaration, # 11 Exhibit Exhibit G to Kennedy Declaration, # 12 Exhibit Exhibit H to Kennedy Declaration, # 13 Exhibit Exhibit I to Kennedy Declaration, # 14 Exhibit Exhibit J to Kennedy Declaration, # 15 Exhibit Exhibit K to Kennedy Declaration, # 16 Exhibit Exhibit L to Kennedy Declaration)(Kennedy, Mark) (Entered: 09/17/2013)
2013-09-1816Memorandum in opposition to re 14 MOTION for Summary Judgment filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Attachments: # 1 Notice to Counsel/Party)(Kennedy, Mark) (Entered: 09/18/2013)
2013-10-2117Consent MOTION for Briefing Schedule Amendment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Weinstein, Laurie) (Entered: 10/21/2013)
2013-10-22MINUTE ORDER granting 17 Motion for Change in the Briefing Schedule. In light of the parties' consent motion, it is ORDERED that defendant's opposition and reply is now due on or before November 12, 2013, and plaintiff's reply is now due on or before November 27, 2013. Signed by Judge Amy Berman Jackson on 10/22/2013. (lcabj1) (Entered: 10/22/2013)
2013-10-22Set/Reset Deadlines: Defendant's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due by 11/12/2013, Plaintiff's Reply in support of its Cross-Motion for Summary Judgment is now due by 11/27/2013. (jth) (Entered: 10/22/2013)
2013-11-0418NOTICE OF SUBSTITUTION OF COUNSEL by Kevin Michael Laden on behalf of All Defendants Substituting for attorney Laurie Weinstein (Laden, Kevin) (Entered: 11/04/2013)
2013-11-0819Consent MOTION for Extension of Time to File Response/Reply by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Laden, Kevin) (Entered: 11/08/2013)
2013-11-12MINUTE ORDER granting 19 Consent Motion for Extension of Time to File Response/Reply. It is ORDERED that defendant's reply and opposition to plaintiff's cross-motion for summary judgment or a joint status report containing a new proposed schedule for proceeding with this case is now due on or before December 20, 2013. Signed by Judge Amy Berman Jackson on 11/12/2013. (lcabj1) (Entered: 11/12/2013)
2013-11-12Set/Reset Deadlines: Defendant's Reply in support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment, or, a Joint Status Report containing a new proposed schedule governing further proceedings in this case is due by 12/20/2013. (jth) (Entered: 11/12/2013)
2013-11-1420MOTION to Intervene by DAIRY MANAGEMENT INC. (Attachments: # 1 Exhibit Exhibit 1 to Motion, # 2 Corporate Disclosure Statement, # 3 Text of Proposed Order, # 4 Memorandum in Support, # 5 Exhibit Exhibit A to Memorandum)(Menendez, Alex) (Entered: 11/14/2013)
2013-11-15NOTICE OF ERROR re 20 Motion to Intervene; emailed to amenendez@mwmlaw.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Do not refile--Never add addresses for any party(s) (jf, ) (Entered: 11/15/2013)
2013-11-2021RESPONSE re 20 MOTION to Intervene filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Laden, Kevin) (Entered: 11/20/2013)
2013-11-2622Memorandum in opposition to re 20 MOTION to Intervene filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Attachments: # 1 Declaration of Mark Kennedy, # 2 Exhibit A to Declaration of Mark Kennedy)(Kennedy, Mark) (Entered: 11/26/2013)
2013-12-0323REPLY to opposition to motion re 20 MOTION to Intervene filed by DAIRY MANAGEMENT INC.. (Menendez, Alex) (Entered: 12/03/2013)
2013-12-2024STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Exhibit USDA Declaration with Attachments)(Laden, Kevin) (Entered: 12/20/2013)
2013-12-23MINUTE ORDER granting 20 Motion to Intervene. Pursuant to Federal Rule of Civil Procedure 24(b) and upon consideration of Dairy Management, Inc.'s (DMI) motion to intervene and the current parties' responses, it is ORDERED that DMI's motion is granted for the limited purpose of addressing whether, under FOIA, defendant can produce and process the documents given to it by DMI. It is FURTHER ORDERED that any party that wishes to be heard on the question of whether defendant can process and produce the DMI documents under FOIA must submit a memorandum to the Court, not to exceed 10 pages, by January 10, 2014. It is FURTHER ORDERED that the current summary judgment briefing schedule is stayed pending resolution of this limited issue. Signed by Judge Amy Berman Jackson on 12/23/2013. (lcabj1) (Entered: 12/23/2013)
2014-01-02Set/Reset Deadlines: Any party that wishes to be heard on the question of whether defendant can process and produce the DMI documents under FOIA must submit a memorandum to the Court, not to exceed 10 pages, by 1/10/2014. (jth) (Entered: 01/02/2014)
2014-01-0725NOTICE of Appearance by Elisabeth T. Kidder on behalf of DAIRY MANAGEMENT INC. (Kidder, Elisabeth) (Entered: 01/07/2014)
2014-01-1026MEMORANDUM re Order on Motion to Intervene,,, by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Attachments: # 1 Declaration of Mark Kennedy, # 2 Exhibit A to Declaration of Mark Kennedy, # 3 Exhibit B to Declaration of Mark Kennedy)(Kennedy, Mark) (Entered: 01/10/2014)
2014-01-1027MEMORANDUM re Order on Motion to Intervene,,, by DAIRY MANAGEMENT INC.. (Attachments: # 1 Declaration of Daniel J. Chavka)(Kidder, Elisabeth) (Entered: 01/10/2014)
2014-01-1028MEMORANDUM by UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Declaration)(Laden, Kevin) (Entered: 01/10/2014)
2014-01-1429MOTION for Leave to File Response Memorandum by DAIRY MANAGEMENT INC. (Attachments: # 1 Exhibit Response Memorandum, # 2 Text of Proposed Order)(Kidder, Elisabeth) (Entered: 01/14/2014)
2014-01-14MINUTE ORDER denying with prejudice 29 Motion for Leave to File Response Memorandum. In light of the Minute Order dated December 23, 2013, it is ORDERED that DMI's motion is denied with prejudice. The Court will call for further briefing if needed. Signed by Judge Amy Berman Jackson on 1/14/2014. (lcabj1) (Entered: 01/14/2014)
2014-02-0430NOTICE of Appearance by Amy Breedlove Jones on behalf of DAIRY MANAGEMENT INC. (Jones, Amy) (Entered: 02/04/2014)
2014-02-11ENTERED IN ERROR.....MINUTE ORDER. Pursuant to the Minute Order entered on this date by Magistrate Judge Robinson, it is ORDERED that the parties may immediately commence a 60-day period of discovery for the limited purpose of advancing their mediation efforts. It is FURTHER ORDERED that the time period for mediation shall be extended to April 16, 2014, and that the parties shall file a joint status report on that date as to the status of the case. Should the parties settle the case at any time before April 16, 2014, they shall immediately notify the Court by filing a stipulation. Signed by Judge Amy Berman Jackson on 2/11/2014. (lcabj1) Modified on 2/11/2014 (jf, ). (Entered: 02/11/2014)
2014-02-11NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry re Order filed on 02/11/2014,, was entered in error and counsel was instructed to disregard this entry and order will be refiled in 13ca1697. (jf, ) (Entered: 02/11/2014)
2014-03-1331NOTICE OF SUBSTITUTION OF COUNSEL by Timothy E. Broomhead on behalf of All Defendants Substituting for attorney Kevin Laden (Broomhead, Timothy) (Entered: 03/13/2014)
2014-03-2532MEMORANDUM OPINION AND ORDER denying without prejudice 14 Defendant's Motion for Summary Judgment; denying without prejudice 15 Plaintiff's Motion for Summary Judgment. It is FURTHER ORDERED that the parties shall submit a jointly proposed schedule for further proceedings in this case, including a timeline for processing the remaining 8,963 documents and refiling of their dispositive motions, on or before April 14, 2014. (SEE MEMORANDUM OPINION AND ORDER FOR DETAILS). Signed by Judge Amy Berman Jackson on 3/25/2014. (lcabj1) (Entered: 03/25/2014)
2014-03-26Set/Reset Deadlines: The parties Joint Proposed Schedule for further proceedings in this case, including a timeline for processing the remaining 8,963 documents and refiling of their dispositive motions, is due by 4/14/2014. (jth) (Entered: 03/26/2014)
2014-04-1433STATUS REPORT Filed Jointly with Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Broomhead, Timothy) (Entered: 04/14/2014)
2014-04-15MINUTE ORDER. In light of the parties' jointly proposed schedule for processing the responsive dairy checkoff documents, it is ORDERED that they provide the Court with a joint status report on the status of the processing and production of those documents by July 25, 2014. Signed by Judge Amy Berman Jackson on 4/15/2014. (lcabj1) (Entered: 04/15/2014)
2014-04-15Set/Reset Deadlines: Joint Status Report on the Processing and Production of documents is due by 7/25/2014. (jth) (Entered: 04/15/2014)
2014-07-2534STATUS REPORT Filed Jointly With Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Broomhead, Timothy) (Entered: 07/25/2014)
2014-07-25MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint status report on the status of the processing and production of the dairy checkoff documents by September 1, 2014. Signed by Judge Amy Berman Jackson on 7/25/2014. (lcabj1) (Entered: 07/25/2014)
2014-07-25Set/Reset Deadlines: The Parties are to file another Joint Report on the Status of the Processing and Production of the Dairy Checkoff Documents by 9/1/2014. (jth) (Entered: 07/25/2014)
2014-08-2935STATUS REPORT Filed Jointly With Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Broomhead, Timothy) (Entered: 08/29/2014)
2014-09-02MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint status report on the status of the processing and production of the dairy checkoff documents by September 30, 2014. Signed by Judge Amy Berman Jackson on 9/2/2014. (lcabj1) (Entered: 09/02/2014)
2014-09-03Set/Reset Deadlines: The Parties are to file another Joint Report on the Status of the Processing and Production of the Dairy Checkoff Documents by 9/30/2014. (jth) Modified on 9/3/2014 to reflect that the correct date for the next Report is 9/30/2014 (jth). (Entered: 09/03/2014)
2014-09-1136NOTICE OF SUBSTITUTION OF COUNSEL by Laura Emily Jennings on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE Substituting for attorney Timothy Broomhead (Jennings, Laura) (Entered: 09/11/2014)
2014-09-3037STATUS REPORT Filed Jointly with Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Jennings, Laura) (Entered: 09/30/2014)
2014-10-01MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint status report on the status of the processing and production of the dairy checkoff documents by November 7, 2014. Signed by Judge Amy Berman Jackson on 10/1/2014. (lcabj1) (Entered: 10/01/2014)
2014-10-02Set/Reset Deadlines: The Parties are to file another Joint Report on the Status of the Processing and Production of the Dairy Checkoff Documents by 11/7/2014. (jth) (Entered: 10/02/2014)
2014-11-0738STATUS REPORT Filed Jointly with Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Jennings, Laura) (Entered: 11/07/2014)
2014-11-10MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint status report on the status of the processing and production of the dairy checkoff documents by December 19, 2014. Signed by Judge Amy Berman Jackson on 11/10/2014. (lcabj2) (Entered: 11/10/2014)
2014-11-12Set/Reset Deadlines: Joint Status Report due by 12/19/2014. (tb, ) (Entered: 11/12/2014)
2014-12-1939STATUS REPORT Filed Jointly with Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Jennings, Laura) (Entered: 12/19/2014)
2014-12-19MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint status report on the status of the processing and production of the dairy checkoff documents by January 23, 2015. Signed by Judge Amy Berman Jackson on 12/19/2014. (lcabj2) (Entered: 12/19/2014)
2014-12-19Set/Reset Deadlines: Joint Status Report due by 1/23/2015. (jth) (Entered: 12/19/2014)
2015-01-2340STATUS REPORT filed jointly with Plaintiff by UNITED STATES DEPARTMENT OF AGRICULTURE. (Jennings, Laura) (Entered: 01/23/2015)
2015-01-26MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint report on the status of the processing and production of the dairy checkoff documents by March 6, 2015. Signed by Judge Amy Berman Jackson on 1/26/2015. (lcabj2) (Entered: 01/26/2015)
2015-01-26Set/Reset Deadlines: Joint Status Report due by 3/6/2015. (jth) (Entered: 01/26/2015)
2015-03-0441NOTICE OF SUBSTITUTION OF COUNSEL by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF AGRICULTURE Substituting for attorney Laura Jennings (Whitaker, Claire) (Entered: 03/04/2015)
2015-03-0442STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 03/04/2015)
2015-03-06MINUTE ORDER. In light of the parties' joint status report, it is ORDERED that they provide the Court with another joint report on the status of the processing and production of the dairy checkoff documents by March 31, 2015. Defendant shall issue its next determination on or before March 31, 2015. Signed by Judge Amy Berman Jackson on 3/6/2015. (lcabj2) (Entered: 03/06/2015)
2015-03-11Set/Reset Deadlines: The parties' shall submit another Joint Report on the Status of the processing and production of the dairy checkoff documents by 3/31/2015. (jth) (Entered: 03/11/2015)
2015-03-3143STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 03/31/2015)
2015-04-02MINUTE ORDER. In light of 43 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by May 1, 2015. Signed by Judge Amy Berman Jackson on 4/2/2015. (lcabj2) (Entered: 04/02/2015)
2015-04-05Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by by 5/1/2015. (jth) (Entered: 04/05/2015)
2015-05-0144STATUS REPORT (Joint) by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) (Entered: 05/01/2015)
2015-05-05MINUTE ORDER. In light of 44 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by June 12, 2015. Signed by Judge Amy Berman Jackson on 5/5/2015. (lcabj2) (Entered: 05/05/2015)
2015-05-05Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 6/12/2015. (jth) (Entered: 05/05/2015)
2015-06-1245STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 06/12/2015)
2015-06-15MINUTE ORDER. In light of 45 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by July 2, 2015. Signed by Judge Amy Berman Jackson on 6/15/2015. (lcabj2) (Entered: 06/15/2015)
2015-06-15Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 7/2/2015. (jth) (Entered: 06/15/2015)
2015-07-0146STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 07/01/2015)
2015-07-02MINUTE ORDER. In light of 46 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by August 3, 2015. Signed by Judge Amy Berman Jackson on 7/2/2015. (lcabj2) (Entered: 07/02/2015)
2015-07-04Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 8/3/2015. (jth) (Entered: 07/04/2015)
2015-08-0347STATUS REPORT (Joint with Plaintiff) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 08/03/2015)
2015-08-04MINUTE ORDER. In light of 47 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by September 1, 2015. Signed by Judge Amy Berman Jackson on 8/4/2015. (lcabj2) (Entered: 08/04/2015)
2015-08-04Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 9/1/2015. (jth) (Entered: 08/04/2015)
2015-09-0148Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 09/01/2015)
2015-09-02MINUTE ORDER. In light of 48 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by October 2, 2015. Signed by Judge Amy Berman Jackson on 9/2/2015. (lcabj2) (Entered: 09/02/2015)
2015-09-02Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 10/2/2015. (jth) (Entered: 09/02/2015)
2015-10-0249STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 10/02/2015)
2015-10-07MINUTE ORDER. In light of 49 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by November 2, 2015. Signed by Judge Amy Berman Jackson on 10/7/2015. (lcabj2) (Entered: 10/07/2015)
2015-10-07Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 11/2/2015. (jth) (Entered: 10/07/2015)
2015-11-0250STATUS REPORT (Joint) by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 11/02/2015)
2015-11-02MINUTE ORDER. In light of 50 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by November 30, 2015. Signed by Judge Amy Berman Jackson on 11/2/2015. (lcabj2) (Entered: 11/02/2015)
2015-11-03Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 11/30/2015. (jth) (Entered: 11/03/2015)
2015-11-3051Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 11/30/2015)
2015-12-01MINUTE ORDER. In light of 51 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by December 31, 2015. Signed by Judge Amy Berman Jackson on 12/1/2015. (lcabj2) (Entered: 12/01/2015)
2015-12-01Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 12/31/2015. (jth) (Entered: 12/01/2015)
2015-12-3052PERIODIC REPORT by USA by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 12/30/2015)
2016-01-04MINUTE ORDER. In light of 52 the parties' joint status report, it is ORDERED that they provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by February 1, 2016. Signed by Judge Amy Berman Jackson on 1/4/2016. (lcabj2) (Entered: 01/04/2016)
2016-01-05Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 2/1/2016. (jth) (Entered: 01/05/2016)
2016-02-0153Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 02/01/2016)
2016-02-01MINUTE ORDER. In light of 53 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by March 1, 2016. Signed by Judge Amy Berman Jackson on 2/1/2016. (lcabj2) (Entered: 02/01/2016)
2016-02-02Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 3/1/2016. (jth) (Entered: 02/02/2016)
2016-03-0154Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 03/01/2016)
2016-03-01MINUTE ORDER. In light of 54 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by March 30, 2016. Signed by Judge Amy Berman Jackson on 3/1/2016. (lcabj2) (Entered: 03/01/2016)
2016-03-01Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 3/30/2016. (jth) (Entered: 03/01/2016)
2016-03-3055Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 03/30/2016)
2016-03-30MINUTE ORDER. In light of 55 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by May 2, 2016. Signed by Judge Amy Berman Jackson on 3/30/2016. (lcabj2) (Entered: 03/30/2016)
2016-03-30Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 5/2/2016. (jth) (Entered: 03/30/2016)
2016-05-0256Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 05/02/2016)
2016-05-03MINUTE ORDER. In light of 56 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by June 3, 2016. Signed by Judge Amy Berman Jackson on 5/3/2016. (lcabj2) (Entered: 05/03/2016)
2016-05-03Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 6/3/2016. (jth) (Entered: 05/03/2016)
2016-06-0157Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 06/01/2016)
2016-06-06MINUTE ORDER. In light of 57 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by July 1, 2016. Signed by Judge Amy Berman Jackson on 6/6/2016. (lcabj2) (Entered: 06/06/2016)
2016-06-09Set/Reset Deadlines: Joint Report on the Status of the processing and production of the dairy check off documents is due by 7/1/2016. (jth) (Entered: 06/09/2016)
2016-06-3058Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 06/30/2016)
2016-07-05MINUTE ORDER. In light of 58 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by August 1, 2016. Signed by Judge Amy Berman Jackson on 7/5/2016. (lcabj2) (Entered: 07/05/2016)
2016-07-06Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkout documents due by 8/1/2016. (tb) (Entered: 07/06/2016)
2016-07-2959Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 07/29/2016)
2016-08-01MINUTE ORDER. In light of 59 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by August 31, 2016. Signed by Judge Amy Berman Jackson on 8/1/2016. (lcabj2) (Entered: 08/01/2016)
2016-08-04Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkout documents due by 8/31/2016. (jth) [Modified on 8/5/2016 to reflect that the correct due date of the next Joint Status Report is 8/31/2016 (not 8/1/2016)] (jth). (Entered: 08/04/2016)
2016-08-3160Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 08/31/2016)
2016-09-01MINUTE ORDER. In light of 60 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by October 3, 2016. Signed by Judge Amy Berman Jackson on 9/1/2016. (lcabj2) (Entered: 09/01/2016)
2016-09-01Set/Reset Deadlines: Status Report due by 10/3/2016 (zsm) (Entered: 09/01/2016)
2016-10-0361Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 10/03/2016)
2016-10-04MINUTE ORDER. In light of 61 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by October 31, 2016. Signed by Judge Amy Berman Jackson on 10/4/2016. (lcabj2) (Entered: 10/04/2016)
2016-10-04Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkout documents due by 10/31/2016. (jth) (Entered: 10/04/2016)
2016-10-3162Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 10/31/2016)
2016-11-01MINUTE ORDER. In light of 62 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by November 30, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/1/16. (lcabj2) (Entered: 11/01/2016)
2016-11-02Set/Reset Deadlines: Joint status report due by 11/30/2016. (gdf) (Entered: 11/02/2016)
2016-11-3063Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 11/30/2016)
2016-12-02MINUTE ORDER. In light of 63 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by January 3, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/2/2016. (lcabj2) (Entered: 12/02/2016)
2016-12-02Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkoff documents due by 1/3/2017. (jth) (Entered: 12/02/2016)
2016-12-3064Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 12/30/2016)
2017-01-03MINUTE ORDER. In light of 64 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by February 3, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/3/2017. (lcabj2) (Entered: 01/03/2017)
2017-01-03Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkoff documents is due by 2/3/2017. (jth) (Entered: 01/03/2017)
2017-01-3165Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 01/31/2017)
2017-02-02MINUTE ORDER. In light of 65 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by March 3, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/2/2017. (lcabj2) (Entered: 02/02/2017)
2017-02-02Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkoff documents is due by 3/3/2017. (jth) (Entered: 02/02/2017)
2017-03-0166Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 03/01/2017)
2017-03-02MINUTE ORDER. In light of 66 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by April 3, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/2/2017. (lcabj2) (Entered: 03/02/2017)
2017-03-02Set/Reset Deadlines: Joint Status Report on the processing and production of the dairy checkoff documents is due by 4/3/2017. (jth) (Entered: 03/02/2017)
2017-03-3167Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 03/31/2017)
2017-04-03MINUTE ORDER. In light of 67 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by May 1, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/3/2017. (lcabj2) (Entered: 04/03/2017)
2017-05-0168Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 05/01/2017)
2017-05-02MINUTE ORDER. In light of 68 the parties' joint status report, it is ORDERED that they shall provide the Court with a further joint report on the status of the processing and production of the dairy checkoff documents by June 1, 2017. Signed by Judge Amy Berman Jackson on 5/2/2017. (lcabj2) (Entered: 05/02/2017)
2017-05-3169Joint STATUS REPORT by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 05/31/2017)
2017-06-01MINUTE ORDER. In light of 69 the parties' joint status report, the parties must meet and confer and propose a schedule for further proceedings, if any are necessary, by June 15, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/1/2017. (lcabj2) (Entered: 06/01/2017)
2017-06-1370Joint MOTION for Extension of Time to file Joint Report and Proposed Schedule for further proceedings by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 06/13/2017)
2017-06-14MINUTE ORDER granting 70 Motion for Extension of Time. The parties must meet and confer and propose a schedule for further proceedings, if any are necessary, by July 6, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/14/2017. (lcabj2) (Entered: 06/14/2017)
2017-07-0671Joint MOTION for Extension of Time to file Joint Report and Proposed Schedule for further proceedings by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE (Attachments: # 1 Text of Proposed Order)(Kennedy, Mark) (Entered: 07/06/2017)
2017-07-07MINUTE ORDER granting 71 Motion for Extension of Time. The parties must meet and confer and propose a schedule for further proceedings, if any are necessary, by July 20, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/7/2017. (lcabj2) (Entered: 07/07/2017)
2017-07-1872Consent MOTION for Briefing Schedule Order by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE (Attachments: # 1 Text of Proposed Order)(Kennedy, Mark) (Entered: 07/18/2017)
2017-07-18MINUTE ORDER granting 72 Motion for Briefing Schedule. Plaintiff must file its stipulation of dismissal as to Claims 1 and 2 of the complaint by July 27, 2017. Plaintiff's motion for summary judgment is due on or before September 11, 2017; defendant's opposition and any cross-motion is due on or before October 26, 2017; plaintiff's reply and opposition to any cross-motion is due on or before November 27, 2017; and defendant's reply in support of any cross-motion is due on or before December 12, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 7/18/2017. (lcabj2) (Entered: 07/18/2017)
2017-07-2073STIPULATION of Dismissal of Claim 1 and Claim 2 of Complaint by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) (Entered: 07/20/2017)
2017-09-0574Consent MOTION to Intervene by NATIONAL CATTLEMEN'S BEEF ASSOCIATION (Attachments: # 1 Declaration Ex A - Evans Declaration, # 2 Text of Proposed Order, # 3 Proposed Answer, # 4 Local Rule 7.1 Certification)(Harrison, Bryan) (Entered: 09/05/2017)
2017-09-0575NOTICE of Appearance by Daniel C. Schwartz on behalf of NATIONAL CATTLEMEN'S BEEF ASSOCIATION (Schwartz, Daniel) (Entered: 09/05/2017)
2017-09-06MINUTE ORDER. The National Cattlemen's Beef Association ("NCBA") seeks to intervene in this FOIA action because it contends that its documents are not "agency records" subject to disclosure. No party objects to this motion. Therefore, pursuant to Federal Rule of Civil Procedure 24(a)(2), the Court will grant 74 the motion to intervene. The Clerk of Court is directed to enter NCBA's Answer [74-3] on the docket. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/6/2017. (lcabj2) (Entered: 09/06/2017)
2017-09-0676ANSWER to Complaint by NATIONAL CATTLEMEN'S BEEF ASSOCIATION.(znmw) (Entered: 09/07/2017)
2017-09-1177MOTION for Summary Judgment on Claim 3 of Plaintiff's Complaint by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE (Attachments: # 1 Text of Proposed Order, # 2 Declaration (Third) of Mark Kennedy, # 3 Exhibit A to Third Kennedy Declaration, # 4 Exhibit B to Third Kennedy Declaration, # 5 Exhibit C to Third Kennedy Declaration, # 6 Exhibit D to Third Kennedy Declaration, # 7 Exhibit E to Third Kennedy Declaration, # 8 Exhibit F to Third Kennedy Declaration, # 9 Exhibit G to Third Kennedy Declaration, # 10 Exhibit H to Third Kennedy Declaration, # 11 Exhibit I to Third Kennedy Declaration)(Kennedy, Mark) (Entered: 09/11/2017)
2017-10-2678Consent MOTION for Extension of Time to file cross motions and oppositions (2-day request) by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/26/2017)
2017-10-2679SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by NATIONAL CATTLEMEN'S BEEF ASSOCIATION (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Leave to File Under Seal, # 2 Memorandum in Support Unredacted Memorandum of Points and Authorities in Support of NCBA's Cross-Motion for Summary Judgment and Opposition to PCRM's Motion for Summary Judgment, # 3 Affidavit Unredacted Evans Declaration, # 4 Exhibit Exhibit A - Operating Agreement Filed Under Seal)(Harrison, Bryan) (Entered: 10/26/2017)
2017-10-2680Cross MOTION for Summary Judgment and Opposition to PCRM's Motion for Summary Judgment by NATIONAL CATTLEMEN'S BEEF ASSOCIATION (Attachments: # 1 Memorandum in Support Redacted NCBA Memorandum of Points and Authorities in Support of Cross-Motion for Summary Judgment and Opposition to PCRM's Motion for Summary Judgment, # 2 Text of Proposed Order Proposed Order, # 3 Statement of Facts NCBA Statement of Material Facts Not In Genuine Dispute and Response to PCRM's Statement of Material Facts Not In Genuine Dispute, # 4 Declaration Redacted Evans Declaration, # 5 Declaration Ruhland Declaration, # 6 Exhibit Ex. A Slip Page - Filed Under Seal)(Harrison, Bryan) (Entered: 10/26/2017)
2017-10-2681Memorandum in opposition to re 77 MOTION for Summary Judgment on Claim 3 of Plaintiff's Complaint filed by NATIONAL CATTLEMEN'S BEEF ASSOCIATION. (See Docket Entry 80 to view document). (znmw) (Entered: 10/27/2017)
2017-10-27MINUTE ORDER granting 78 consent motion for extension of time. Defendant United States Department of Agriculture must file its cross-motion for summary judgment and opposition to plaintiff's motion for summary judgment by October 30, 2017. Plaintiff's reply and opposition to any cross-motion is due on or before November 29, 2017, and defendants' replies in support of their cross-motions are due on or before December 14, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/27/2017. (lcabj2) (Entered: 10/27/2017)
2017-10-27MINUTE ORDER granting 79 consent motion for leave to file under seal. It is ORDERED that the following documents be filed under seal: [79-2] National Cattlemen's Beef Association's unredacted cross-motion for summary judgment, [79-3] the unredacted declaration of Douglas L. Evans, and [79-4] the Operating Agreement. It is FURTHER ORDERED, pursuant to the agreement of the parties, that the Operating Agreement has been disclosed to the Court and the parties for the limited and sole purpose of these proceedings. Plaintiff may only use the Operating Agreement, or any quotation from or reference to it, in connection with this litigation, and it is prohibited from publicly disseminating the Operating Agreement or its contents to its members or to the general public. The Court notes that in the future, if other confidential matters arise, the parties may submit to the Court an agreed motion for a protective order, which may require that documents that have been designated to be confidential and subject to the protective order be filed with the Court with a motion for leave to file under seal that comports with LCvR 5.1(h). SO ORDERED. Signed by Judge Amy Berman Jackson on 10/27/2017. (lcabj2) (Entered: 10/27/2017)
2017-10-2782SEALED DOCUMENT (Memorandum of Points and Authorities) filed by NATIONAL CATTLEMEN'S BEEF ASSOCIATION re 80 Cross MOTION for Summary Judgment, 81 Memorandum in Opposition. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Unredacted Evans Declaration, # 2 Exhibit A - Operating Agreement Filed Under Seal)(znmw) (Entered: 10/30/2017)
2017-10-3083MOTION for Summary Judgment as to Claim 3 by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Statement of Facts Defendant USDA's Statement of Material Facts Not in Dispute, # 2 Statement of Facts Defendant USDA's Statement Addressing Plaintiff's Statement of Undisputed Material Facts, # 3 Declaration Attachment 1 (Payne Declaration), # 4 Text of Proposed Order)(Whitaker, Claire) (Entered: 10/30/2017)
2017-10-3084Memorandum in opposition to re 77 MOTION for Summary Judgment on Claim 3 of Plaintiff's Complaint filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 10/30/2017)
2017-11-2985Memorandum in opposition to re 80 Cross MOTION for Summary Judgment and Opposition to PCRM's Motion for Summary Judgment filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) (Entered: 11/29/2017)
2017-11-2986REPLY to opposition to motion re 77 MOTION for Summary Judgment on Claim 3 of Plaintiff's Complaint filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) Modified link on 11/30/2017 (znmw). (Entered: 11/29/2017)
2017-11-2987Memorandum in opposition to re 83 MOTION for Summary Judgment as to Claim 3 filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) (Entered: 11/29/2017)
2017-11-2988REPLY to opposition to motion re 77 MOTION for Summary Judgment on Claim 3 of Plaintiff's Complaint filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) Modified link on 11/30/2017 (znmw). (Entered: 11/29/2017)
2017-12-1389Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's opposition to Defendant's cross motion for summary judgment by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 12/13/2017)
2017-12-14MINUTE ORDER granting 89 Motion for Extension of Time to File. Defendant must file its reply to plaintiff's opposition to defendant's cross-motion for summary judgment by December 22, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/14/2017. (lcabj2) (Entered: 12/14/2017)
2017-12-1490REPLY to opposition to motion re 80 Cross MOTION for Summary Judgment and Opposition to PCRM's Motion for Summary Judgment filed by NATIONAL CATTLEMEN'S BEEF ASSOCIATION. (Harrison, Bryan) (Entered: 12/14/2017)
2017-12-2291REPLY to opposition to motion re 83 MOTION for Summary Judgment as to Claim 3 filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Whitaker, Claire) (Entered: 12/22/2017)
2018-01-1292NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL CATTLEMEN'S BEEF ASSOCIATION (Attachments: # 1 Exhibit 1 - Rocky Mountain Wild Inc v. United States Forest Service)(Schwartz, Daniel) (Entered: 01/12/2018)
2018-01-1693RESPONSE re 92 NOTICE OF SUPPLEMENTAL AUTHORITY filed by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Kennedy, Mark) (Entered: 01/16/2018)
2018-05-2594ORDER. Pursuant to Federal Rules of Civil Procedure 56 and 58, and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that plaintiff's 77 Motion for Summary Judgment is DENIED, and the 80 National Cattlemen's Beef Association's Cross-Motion for Summary Judgment and 83 the United States Department of Agriculture's Cross-Motion for Summary Judgment are GRANTED. Therefore, judgment is entered in favor of defendant on the only remaining count, Count 3. This is a final appealable order. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/25/2018. (lcabj2) (Entered: 05/25/2018)
2018-05-2595MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 5/25/2018. (lcabj2) (Entered: 05/25/2018)
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