Case Detail

FOIA Project Annotation: In ruling that the Animal and Plant Health Inspection Service has now reposted redacted versions of the records it had taken down because of privacy concerns, Judge Christopher Cooper has resolved a suit brought by PETA challenging the agency's decision to remove the records in the first place. Cooper found that PETA had not shown that the agency was required to post the records under Section (a)(2)'s affirmative disclosure provisions, particularly the provision requiring agencies to make available frequently requested records. At the beginning of the Trump administration APHIS started removing records pertaining to a variety of animal welfare laws, resulting in a number of suits brought by advocacy organizations challenging the action. Although such organizations assumed this was the first shoe to drop in an expected policy resulting in less public information, the APHIS move seems to have had more to do with the agency's concern that it was making too much personal information about family-owned businesses available. As a result of that process, APHIS reposted inspection reports but did not repost animal inventories that had previously accompanied those reports. Cooper indicated that the agency had reposted three of the four categories of records that PETA sought. As to those categories of records, Cooper noted that "in light of this fact, there is no further meaningful relief that the Court can grant as to PETA's request for injunctive relief. As such, that request is moot as to any reposted record." PETA argued that its request for declaratory relief to force APHIS to continue to post the records was not moot because the agency could choose to remove the records again. But Cooper noted that "given the temporary, one-time nature of the Department's removal of the records, it is reasonably certain that the Department will not remove these records again." Cooper acknowledged that PETA could still challenge the agency failure to repost the animal inventories. He pointed out, however, that PETA needed to show that the animal inventories fell within the frequently requested category for disclosure. PETA argued that "because the records were previously posted on APHIS's website, they must be records within the scope of the reading room provision." Cooper responded that "but that is not necessarily so. An agency could clearly decide to post a wider swath of records than obligated to under FOIA: for instance, an agency could preemptively post a record that has never been requested (and thus is not a frequently requested record under the statute) but that it anticipates will be requested repeatedly." He added that "the Court does not agree that merely because a record has been posted on an agency's website, the agency was required to post that record under FOIA."
Issues: Affirmative disclosure, Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2017-02-13	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4839746) filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J WINDERS, BEAGLE FREEDOM PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Meyer, Katherine) (Entered: 02/13/2017)
2017-02-13	2	Corporate Disclosure Statement by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Meyer, Katherine) (Entered: 02/13/2017)
2017-02-13	3	Corporate Disclosure Statement by BEAGLE FREEDOM PROJECT. (Meyer, Katherine) (Entered: 02/13/2017)
2017-02-13	4	Corporate Disclosure Statement by Born Free USA. (Meyer, Katherine) (Entered: 02/13/2017)
2017-02-13	5	Corporate Disclosure Statement by MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. (Meyer, Katherine) (Entered: 02/13/2017)
2017-02-13	6	Corporate Disclosure Statement by PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. (Meyer, Katherine) (Entered: 02/13/2017)
2017-02-13		Case Assigned to Judge Christopher R. Cooper. (sb) (Entered: 02/13/2017)
2017-02-13	7	SUMMONS (4) Issued Electronically as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 02/13/2017)
2017-03-07	8	NOTICE of Appearance by Peter Bryce on behalf of All Defendants (Bryce, Peter) (Entered: 03/07/2017)
2017-03-20	9	MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 03/20/2017)
2017-03-21	10	Memorandum in opposition to re 9 MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Meyer, Katherine) (Entered: 03/21/2017)
2017-03-21	11	REPLY to opposition to motion re 9 MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 03/21/2017)
2017-03-22		MINUTE ORDER granting 9 Defendant's Motion for Extension of Time to file an Answer. It is hereby ORDERED that Defendant shall file its answer, or otherwise respond to the complaint, on or by April 24, 2017. Signed by Judge Christopher R. Cooper on 3/22/2017. (lccrc2) (Entered: 03/22/2017)
2017-03-22		***Deadlines terminated. Set/Reset Deadlines: Answer due by 4/24/2017. (zlsj) (Entered: 03/22/2017)
2017-04-18	12	MOTION for Discovery by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Meyer, Katherine) (Entered: 04/18/2017)
2017-04-24	13	MOTION to Dismiss by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 04/24/2017)
2017-04-28	14	Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Discovery by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 04/28/2017)
2017-05-01	15	Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Text of Proposed Order)(Meyer, Katherine) (Entered: 05/01/2017)
2017-05-01		MINUTE ORDER granting 14 Defendants' Motion for Extension of Time to File a Response. It is hereby ORDERED that Defendants shall file their opposition to Plaintiffs' Motion for Discovery on or by May 16, 2017. Signed by Judge Christopher R. Cooper on 5/1/2017. (lccrc2) (Entered: 05/01/2017)
2017-05-01		MINUTE ORDER granting 15 Plaintiffs' consent Motion for Extension of Time to File a Response. It is hereby ORDERED that the briefing schedule shall be amended as follows: Plaintiffs shall file their opposition to Defendants' Motion to Dismiss on or by June 1, 2017, and Defendants shall file their reply on or by June 22, 2017. Signed by Judge Christopher R. Cooper on 5/1/2017. (lccrc2) (Entered: 05/01/2017)
2017-05-02		Set/Reset Deadlines: Defendants' opposition to Plaintiffs' Motion for Discovery due by 5/16/2017. (lsj) (Entered: 05/02/2017)
2017-05-02		Set/Reset Deadlines: Response to Dispositive Motions due by 6/1/2017. Reply to Dispositive Motions due by 6/22/2017. (lsj) (Entered: 05/02/2017)
2017-05-04	16	NOTICE of Appearance by Anjali Motgi on behalf of All Defendants (Motgi, Anjali) (Entered: 05/04/2017)
2017-05-11	17	Memorandum in opposition to re 12 MOTION for Discovery filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Motgi, Anjali) (Entered: 05/11/2017)
2017-05-17	18	Consent MOTION for Extension of Time to File Reply in Support of Plaintiffs' Motion for Leave to Take Discovery by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Meyer, Katherine) (Entered: 05/17/2017)
2017-05-17		MINUTE ORDER granting 18 Plaintiffs' Motion for Extension of Time to file a Reply. It is hereby ORDERED that Plaintiffs shall file their reply in support of their motion for leave to take discovery on or by June 6, 2017. Signed by Judge Christopher R. Cooper on 5/17/17. (lccrc2) (Entered: 05/17/2017)
2017-05-18		Set/Reset Deadlines: Plaintiffs shall file their reply in support of their motion for leave to take discovery due by 6/6/2017. (zlsj) (Entered: 05/18/2017)
2017-06-01	19	Memorandum in opposition to re 13 MOTION to Dismiss filed by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Attachments: # 1 Exhibit List of Exhibits, # 2 Exhibit Declaration of Delcianna Winders, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit Declaration of Kevin Shea)(Meyer, Katherine) (Entered: 06/01/2017)
2017-06-06	20	REPLY to opposition to motion re 12 MOTION for Discovery filed by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Meyer, Katherine) (Entered: 06/06/2017)
2017-06-19	21	Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- William Nicholas Lawton, :Firm- Meyer Glitzenstein & Eubanks, :Address- 4115 Wisconsin Ave., N.W. Suite 210. Phone No. - 202-588-5206 xt 107. Fax No. - 202-588-5049 Filing fee $ 100, receipt number 0090-4997669. Fee Status: Fee Paid. by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Declaration)(Meyer, Katherine) Modified to add extension on 6/20/2017 (td). (Entered: 06/19/2017)
2017-06-20	22	Consent MOTION for Extension of Time to File Response/Reply by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 06/20/2017)
2017-06-22		MINUTE ORDER granting 21 Plaintiffs' Motion for Leave to Appear Pro Hac Vice. Signed by Judge Christopher R. Cooper on 6/22/2017. (lccrc2) (Entered: 06/22/2017)
2017-06-22		MINUTE ORDER granting 22 Defendants' Motion for Extension of Time to File a Reply. It is hereby ORDERED that the briefing schedule be amended as follows: Defendants' reply in support of their Motion to Dismiss shall be due on or by June 29, 2017. Signed by Judge Christopher R. Cooper on 6/22/2017. (lccrc2) (Entered: 06/22/2017)
2017-06-22		Set/Reset Deadlines: Reply to Dispositive Motions due by 6/29/2017. (lsj) (Entered: 06/22/2017)
2017-06-29	23	REPLY to opposition to motion re 13 MOTION to Dismiss filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 06/29/2017)
2017-07-03	24	Unopposed MOTION for Leave to File Surreply by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Supplement Plaintiffs' Proposed Surreply, # 2 Exhibit, # 3 Text of Proposed Order)(Meyer, Katherine) (Entered: 07/03/2017)
2017-07-25	25	NOTICE OF SUPPLEMENTAL AUTHORITY by DELCIANNA J. WINDERS (Attachments: # 1 Exhibit USDA Letter (July 18, 2017), # 2 Exhibit Recent Decision)(Meyer, Katherine) (Entered: 07/25/2017)
2017-07-28	26	RESPONSE re 25 to Plaintiffs' "Notice of Supplemental Authority" filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) Modified to add link on 7/31/2017 (znmw). (Entered: 07/28/2017)
2017-08-07	27	NOTICE OF SUPPLEMENTAL AUTHORITY by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Exhibit)(Meyer, Katherine) (Entered: 08/07/2017)
2017-08-14	28	ENTERED IN ERROR..... MOTION to Permit Filiing of Supplemental Declaration Regarding Additional Factual Information Recently Provided by Defendants That is Relevat to the Issues Before the Court by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Affidavit)(Meyer, Katherine) Modified on 8/15/2017 (znmw). (Entered: 08/14/2017)
2017-08-14	29	ENTERED IN ERROR.....MOTION to Permit a Supplemental Declaration Regarding Additional Factual Information Recently Provided by Defendants that is Relevant to the Issues Before the Court by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Affidavit)(Meyer, Katherine) Modified on 8/15/2017 (znmw). (Entered: 08/14/2017)
2017-08-14	30	MOTION for Leave to File Supplemental Declaration Regarding Additional Factual Information Recently Provided by Defendants that is Relevant to the Issues Before the Court by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Affidavit)(Meyer, Katherine) Modified event title on 8/15/2017 (znmw). (Entered: 08/14/2017)
2017-08-15		NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 28 MOTION to Permit 29 MOTION to Permit were entered in error as incomplete; the motion is refiled correctly as Docket Entry 30 . (znmw) (Entered: 08/15/2017)
2017-08-16	31	NOTICE OF SUPPLEMENTAL AUTHORITY by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit A)(Motgi, Anjali) (Entered: 08/16/2017)
2017-08-17	32	RESPONSE to Defendants' Notice of Supplemental Authority by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS re 31 NOTICE OF SUPPLEMENTAL AUTHORITY (Meyer, Katherine) Modified event title on 8/18/2017 (znmw). (Entered: 08/17/2017)
2017-08-17	33	Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Leave to File Supplemental Declaration by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Motgi, Anjali) (Entered: 08/17/2017)
2017-08-21		MINUTE ORDER granting 33 Defendants' Unopposed Motion for Extension of Time to Respond to 30 Plaintiffs' Motion for Leave to File Supplemental Declaration. Defendants' response is now due by 9/4/2017. Signed by Judge Christopher R. Cooper on 8/21/2017. (lccrc2) (Entered: 08/21/2017)
2017-09-05	34	RESPONSE re 30 MOTION for Leave to File Supplemental Declaration filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 09/05/2017)
2017-09-11	35	REPLY to opposition to motion re 30 MOTION for Leave to File A Supplemental Declaration filed by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Attachments: # 1 Exhibit)(Meyer, Katherine) (Entered: 09/11/2017)
2017-09-11	36	NOTICE THAT DEFENDANTS HAVE FINISHED THEIR REVIEW OF MATERIALS POSTED IN THE ELECTRONIC READING ROOM AND HENCE THERE IS NO BASIS FOR DEFENDANTS' ARGUMENT THAT THE ISSUES PRESENTED ARE NOT RIPE FOR JUDICIAL REVIEW by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Exhibit)(Meyer, Katherine) (Entered: 09/11/2017)
2017-09-18	37	RESPONSE re 36 to Plaintiffs' "Notice" Regarding Additional Posting of Materials filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) Modified to add link on 9/19/2017 (znmw). (Entered: 09/18/2017)
2017-10-11	38	NOTICE of Supplemental Authority and Exhibit by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Exhibit Recent Opinion, # 2 Exhibit Email)(Meyer, Katherine) Modified on 10/12/2017 (znmw). (Entered: 10/11/2017)
2017-10-16	39	RESPONSE to 38 Plaintiffs' Notice of Supplemental Authority and Exhibit filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) Modified to add linkage on 10/17/2017 (ztd). (Entered: 10/16/2017)
2017-11-27		MINUTE ORDER: In light of 36 , 37 the parties' filings on the federal defendants' completion of the review of the reading room documents, the federal defendants are hereby ORDERED to file a report with the Court clarifying the current posting status of the categories of records sought by the plaintiffs by December 4, 2017. It is further ORDERED that plaintiffs shall file any response to this status report within seven days thereafter. Signed by Judge Christopher R. Cooper on 11/27/2017. (lccrc2) (Entered: 11/27/2017)
2017-11-27		Set/Reset Deadlines: Status Report due by 12/4/2017 (lsj) (Entered: 11/27/2017)
2017-12-04	40	RESPONSE TO ORDER OF THE COURT re Order,, filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 12/04/2017)
2017-12-11	41	RESPONSE Plaintiffs' Response to Defendants' Report to the Court by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS re 40 Response to Order of the Court (Meyer, Katherine) Modified event title on 12/12/2017 (znmw). (Entered: 12/11/2017)
2017-12-13	42	NOTICE OF SUPPLEMENTAL AUTHORITY by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Bryce, Peter) (Entered: 12/13/2017)
2017-12-18	43	NOTICE of Plaintiffs' Response to Defendants' Supplemental Authority by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS re 42 NOTICE OF SUPPLEMENTAL AUTHORITY (Meyer, Katherine) (Entered: 12/18/2017)
2018-01-18	44	ORDER granting 13 Defendants' Motion to Dismiss, denying as moot 12 Plaintiffs' Motion for Discovery, granting 24 Plaintiffs' Motion for Leave to File a Surreply, and denying 30 Plaintiffs' Motion for Leave to File a Supplemental Declaration. For the reasons stated in the accompanying Memorandum Opinion, it is ORDERED that Defendants' Motion to Dismiss be granted, that Plaintiffs' Motion for Discovery be denied as moot, that Plaintiffs' Motion for Leave to File a Surreply be granted, and that Plaintiffs' Motion for Leave to File a Supplemental Declaration be denied. Signed by Judge Christopher R. Cooper on 1/18/2018. (lccrc2) (Entered: 01/18/2018)
2018-01-18	45	MEMORANDUM OPINION re 44 Order granting Defendants' Motion to Dismiss, denying as moot Plaintiffs' Motion for Discovery, granting Plaintiffs' Motion for Leave to File a Surreply, and denying Plaintiffs' Motion for Leave to File a Supplemental Declaration. Signed by Judge Christopher R. Cooper on 1/18/2018. (lccrc2) (Entered: 01/18/2018)
2018-01-18	46	SURREPLY to re 13 MOTION to Dismiss filed by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Attachments: # 1 Exhibit)(td) (Entered: 01/22/2018)
2018-03-16	47	NOTICE OF APPEAL TO DC CIRCUIT COURT as to 45 Memorandum & Opinion, 44 Order on Motion for Leave to File,,,,,, Order on Motion for Discovery,,, Order on Motion to Dismiss,, by BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. Filing fee $ 505, receipt number 0090-5377668. Fee Status: Fee Paid. Parties have been notified. (Lawton, William) (Entered: 03/16/2018)
2018-03-19	48	Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re 47 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 03/19/2018)
2018-03-21		USCA Case Number 18-5074 for 47 Notice of Appeal to DC Circuit Court,, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, BEAGLE FREEDOM PROJECT, DELCIANNA J. WINDERS. (td) (Entered: 03/23/2018)
2019-05-09	49	MANDATE of USCA as to 47 Notice of Appeal to DC Circuit Court,, filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, BEAGLE FREEDOM PROJECT, DELCIANNA J. WINDERS ; USCA Case Number 18-5074. (Attachments: # 1 USCA Order)(zrdj) (Entered: 05/14/2019)
2019-06-26	50	NOTICE OF WITHDRAWAL OF APPEARANCE as to BEAGLE FREEDOM PROJECT, BORN FREE USA, MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE. Attorney Katherine A. Meyer terminated. (Meyer, Katherine) (Entered: 06/26/2019)
2019-08-06		MINUTE ORDER: The parties indicated on May 31, 2019 that they were discussing a mutually agreeable schedule for briefing a pending motion to dismiss. It is hereby ORDERED that the parties provide a proposed briefing schedule for that motion on or before September 3, 2019. Signed by Judge Christopher R. Cooper on 8/6/2019. (lccrc2) (Entered: 08/06/2019)
2019-08-07		Set/Reset Deadlines: Proposed Briefing Schedule due by 9/3/2019 (lsj) (Entered: 08/07/2019)
2019-08-16	51	NOTICE of Change of Address by William N. Lawton (Lawton, William) (Entered: 08/16/2019)
2019-09-03	52	PROPOSED BRIEFING SCHEDULE (JOINT) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Bryce, Peter) (Entered: 09/03/2019)
2019-09-04		SCHEDULING ORDER: Upon consideration of 52 the Parties' Joint Proposed Briefing Schedule, it is hereby ORDERED: Defendants' motion to dismiss is due by November 4, 2019. Plaintiffs' opposition is due by December 20, 2019. Defendants' reply is due by January 31, 2020. The parties are advised that, given the extended briefing schedule, any extension requests will be looked upon with disfavor. Signed by Judge Christopher R. Cooper on 9/4/19. (lccrc2) (Entered: 09/04/2019)
2019-11-04	53	MOTION to Dismiss Renewed Motion to Dismiss by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Bryce, Peter) (Entered: 11/04/2019)
2019-12-20	54	Memorandum in opposition to re 53 MOTION to Dismiss Renewed Motion to Dismiss filed by BEAGLE FREEDOM PROJECT, BORN FREE USA, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit OIG Report 2014, # 3 Exhibit Letter from Representatives, # 4 Exhibit OIG Report 1992, # 5 Exhibit OIG Report 1995, # 6 Exhibit Redacted Inspection Reports)(Lawton, William) (Entered: 12/20/2019)
2019-12-20	55	MOTION to Consolidate Cases PETA 1 and PETA 2 by BEAGLE FREEDOM PROJECT, BORN FREE USA, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 12/20/2019)
2019-12-20	56	NOTICE of Withdrawal of MSPCA as a plaintiff by MASSACHUSETTS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (Lawton, William) (Entered: 12/20/2019)
2019-12-23	57	Consent MOTION for Extension of Time to File Response/Reply as to 55 MOTION to Consolidate Cases PETA 1 and PETA 2 by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 12/23/2019)
2019-12-24		MINUTE ORDER granting (57) Consent Motion for Extension of Time to File Opposition to (55 in 1:17-cv-00269-CRC) Plaintiff's Motion to Consolidate Cases and granting (31) Consent Motion for Extension of Time to File Opposition to (30 in 1:18-cv-00887-CRC) Plaintiff's Motion to Consolidate Cases. Defendant shall file its Opposition to both motions by January 31, 2020. Signed by Judge Christopher R. Cooper on 12/24/19. (lccrc2) (Entered: 12/24/2019)
2019-12-26		Set/Reset Deadlines: Oppositions due by 1/31/2020 (lsj) (Entered: 12/26/2019)
2020-01-16	58	Consent MOTION to Stay Motion to Suspend Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 01/16/2020)
2020-01-24		MINUTE ORDER granting (58) Consent Motion to Stay in case 1:17-cv-00269-CRC and granting (32) Consent Motion to Stay in case 1:18-cv-00887-CRC. The deadlines in both cases shall be STAYED until March 3, 2020. The parties shall file a joint status report by March 3, 2020, which shall include an update as to whether any issues remain in either case. Signed by Judge Christopher R. Cooper on 1/24/20. (lccrc2) (Entered: 01/24/2020)
2020-03-03	59	Joint STATUS REPORT by BEAGLE FREEDOM PROJECT, BORN FREE USA, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 03/03/2020)
2020-03-03		MINUTE ORDER: In light of 59 33 the parties' latest joint status reports, the deadlines in both 17-cv-269 and 18-cv-887 shall remain STAYED until May 18, 2020. The parties shall file a joint status report by May 18, 2020, which shall include an update as to whether any issues remain in either case. Signed by Judge Christopher R. Cooper on 3/3/2020. (lccrc2) (Entered: 03/03/2020)
2020-03-04		Set/Reset Deadlines: Joint Status Report due by 5/18/2020 (lsj) (Entered: 03/04/2020)
2020-05-18	60	Joint STATUS REPORT by BEAGLE FREEDOM PROJECT, BORN FREE USA, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 05/18/2020)
2020-05-20		MINUTE ORDER: Having reviewed the parties' May 18, 2020 Joint Status Report, the Court hereby VACATES (53) Defendants' Renewed Motion to Dismiss and (55) Plaintiffs' Motion to Consolidate Cases in case 1:17-cv-00269-CRC as well as (28) Defendants' Motion to Dismiss the Amended Complaint and (30) Plaintiffs' Motion to Consolidate Cases in case 1:18-cv-00887-CRC. In case 1:18-cv-00887-CRC, it is further ORDERED that (11) Defendants' Motion to Dismiss the Original Complaint is DENIED AS MOOT and that (18) Defendants' Motion to Stay is TERMINATED as entered in error. The Court encourages the parties to work towards a prompt resolution of these cases. If they are unable to do so, they are directed to file a further joint status report by no later than July 17, 2020 apprising the Court of the need for further proceedings. The Government may renew its motions to dismiss based on any disputed issues that may remain at that time, if necessary, and Plaintiffs may also renew their motions to consolidate the cases. Signed by Judge Christopher R. Cooper on 5/20/20. (lccrc2) (Entered: 05/20/2020)
2020-05-21		Set/Reset Deadlines: Status Report due by 7/17/2020 (lsj) (Entered: 05/21/2020)
2020-07-17	61	STIPULATION of Dismissal by BEAGLE FREEDOM PROJECT, BORN FREE USA, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC., PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE, DELCIANNA J. WINDERS. (Lawton, William) (Entered: 07/17/2020)
2020-07-17		MINUTE ORDER: In light of 35 61 Stipulations of Dismissal, Case Nos. 17-cv-269 and 18-cv-887 are hereby DISMISSED with prejudice. Signed by Judge Christopher R. Cooper on 7/17/20. (lccrc2) (Entered: 07/17/2020)
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