Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the New York Corn & Soybean Growers Association is not an agency subject to FOIA, even though it is partially funded under the federal Soybean Promotion, Research, and Consumer Information Act. Ronald Robbins had served as vice president of the board of NYCSGA until he was terminated for a conflict of interest with his daughter, who was executive director. After submitting several requests for information, he sued the Association under a number of statutes, including FOIA. Rejecting Robbins' claims of federal jurisdiction, the court noted that under the Supreme Court's ruling in Forsham v. Harris, there must be substantial federal supervision of a private entity for it to qualify as an agency under FOIA. Robbins argued that Forsham was inapplicable because it applied only to grant recipients. The court disagreed, noting that "here, NYCSGA lacks sufficient federal supervision and control to be subject to FOIA disclosure. Robbins's sole allegation of federal involvement is that NYCSGA receives funding from the assessment program. . .[F]ederal funding alone is insufficient to attach federal agency status."
Issues: Agency - Federal

Date Filed	Doc #	Docket Text
2015-08-10	1	COMPLAINT FOR DECLARATORY RELIEF against New York Corn & Soybean Growers Association, Inc. (Filing fee $400 receipt number 3376969) filed by Ronald Robbins, James Czub. (Attachments: # 1 Civil Cover Sheet)(sfp, ) (Entered: 08/10/2015)
2015-08-10	2	Summons Issued as to New York Corn & Soybean Growers Association, Inc.. (sfp, ) (Entered: 08/10/2015)
2015-08-10	3	G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 11/9/2015 at 10:00 AM by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/2/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, ) (Entered: 08/10/2015)
2015-08-27	4	SUMMONS Returned Executed by Ronald Robbins. New York Corn & Soybean Growers Association, Inc. served on 8/20/2015, answer due 9/10/2015. (Tensen, Arend) (Entered: 08/27/2015)
2015-09-09		CLERK'S CORRECTION OF DOCKET ENTRY: The clerk has removed the consent to jurisdiction to a Magistrate Judge from the case docket which was filed on 9/9/2015 at Dkt. No. 5. The form was not signed by all parties and was therefore prematurely submitted to the clerk. If the opposing party also agrees to consent to the Magistrate's jurisdiction, the form should reflect that party's signature, and then be forwarded to: Dan McAllister, Chief Deputy Clerk, U.S. District Court, 100 S. Clinton Street, Syracuse, New York 13261. (mae) (Entered: 09/09/2015)
2015-09-10	5	Letter Motion from Katherine E. Gavett for New York Corn & Soybean Growers Association, Inc. requesting Extension to respond to Plaintiffs Complaint submitted to Judge Baxter . (Gavett, Katherine) (Entered: 09/10/2015)
2015-09-10	6	TEXT ORDER granting 5 Letter Request. The deadline for defendant New York Corn & Soybean Growers Association, Inc. to respond to plaintiff's complaint is extended to 10/19/2015. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 9/10/2015. (mae) (Entered: 09/10/2015)
2015-10-16	7	MOTION to Dismiss , MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by New York Corn & Soybean Growers Association, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Declaration, # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Proposed Order/Judgment, # 8 Certificate of Service) (Gavett, Katherine) (Entered: 10/16/2015)
2015-10-19		TEXT ONLY NOTICE of Hearing on Motion 7 MOTION to Dismiss MOTION to Dismiss for Lack of Subject Matter Jurisdiction : Response to Motion due by 11/2/2015. Reply to Response to Motion due by 11/9/2015. Motion Hearing has been set for 11/19/2015 09:00 AM in Albany before Judge Gary L. Sharpe on SUBMIT only. No personal appearances are needed.(jel, ) (Entered: 10/19/2015)
2015-10-27	8	TEXT ORDER: In light of the filing of the 7 motion to dismiss, the telephonic Rule 16 conference set for 11/9/2015 and related civil case management plan deadline are hereby CANCELLED. The conference will be rescheduled, if deemed necessary, after disposition of the 7 motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/27/2015. (mae) (Entered: 10/27/2015)
2015-11-02	9	RESPONSE to Motion re 7 MOTION to Dismiss MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Ronald Robbins. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order/Judgment)(Tensen, Arend) (Entered: 11/02/2015)
2015-11-09	10	MEMORANDUM OF LAW in Reply to Plaintiffs' Opposition to Motion to Dismiss filed by New York Corn & Soybean Growers Association, Inc.. (Attachments: # 1 Certificate of Service)(Gavett, Katherine) (Entered: 11/09/2015)
2016-06-07	11	LETTER REQUEST for the court to schedule a Status Conference filed by Ronald Robbins, James Czub. Motions referred to Andrew T. Baxter. (Tensen, Arend) Modified on 6/7/2016 (sfp, ). (Entered: 06/07/2016)
2016-07-22	12	TEXT ONLY ORDER - Plaintiffs' 11 Letter Request to schedule a status conference is DENIED. A decision on the pending motion to dismiss will be issued in due course. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/22/2016. (jel, ) (Entered: 07/22/2016)
2017-03-21	13	MEMORANDUM-DECISION and ORDER - That NYCSGA's motion to dismiss (Dkt. No. 7) is GRANTED. That Robbins and Czub's complaint is DISMISSED. That the Clerk shall close the case. Signed by Senior Judge Gary L. Sharpe on 3/21/2017. (jel, ) (Entered: 03/21/2017)
2017-03-21	14	JUDGMENT in favor of New York Corn & Soybean Growers Association, Inc. against James Czub, Ronald Robbins. (jel, ) (Entered: 03/21/2017)
Hide Docket Events