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Case TitleKingsley Brothers LLC et al v. US Department of Agriculture
DistrictEastern District of Arkansas
CityLittle Rock
Case Number4:2017cv00400
Date Filed2017-06-19
Date Closed2019-09-23
JudgeJudge J. Leon Holmes
PlaintiffKingsley Brothers LLC
PlaintiffKiman Kingsley
PlaintiffDover Dixon Horne PLLC their Attorneys
Case DescriptionKingsley Brothers, an organic farm operator, submitted two FOIA requests to the Agricultural Marketing Service at the Department of Agriculture for records concerning the agency's decision to revoke the farm's organic certification. In response to its first FOIA request, the agency located 31 pages and disclosed them with redactions under Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). In response to its second FOIA request, the agency identified 424 pages, but withheld all of them under Exemption 7(A) (interference with ongoing investigation or proceeding). Kingsley Brothers filed administrative appeals of both responses, but after hearing nothing further from the agency, Kingsley Brothers filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Department of Agriculture Agricultural Marketing Service
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-06-191COMPLAINT FOR DECLARATORY JUDGMENT AND FOR INJUNCTIVE RELIEF against US Department of Agriculture filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley. Summons issued and returned to counsel. (Fee of $400 paid, Receipt #LIT062407.) (Attachments: # 1 Civil Cover Sheet) (ljb) (Entered: 06/19/2017)
2017-07-212ANSWER to 1 Complaint, by US Department of Agriculture.(McCord, Stacey) (Entered: 07/21/2017)
2017-07-263AFFIDAVIT of Service of Summons & Complaint , filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley. All Defendants. (Attachments: # 1 Exhibit Letter & USPO Return Receipt)(Allison, Mark) (Entered: 07/26/2017)
2017-07-264AFFIDAVIT of Service of Summons & Complaint , filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley. All Defendants. (Attachments: # 1 Exhibit Letter & USPO Return Receipt)(Allison, Mark) (Entered: 07/26/2017)
2017-07-275ORDER: The Court hereby schedules a Rule 16(b) Conference in this matter for 9:30 A.M. on Tuesday, 8/1/2017, in Courtroom #4-D, Richard Sheppard Arnold United States Courthouse, in Little Rock, Arkansas. Signed by Judge J. Leon Holmes on 7/27/2017. (ljb) (Entered: 07/27/2017)
2017-08-016(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge J. Leon Holmes: RULE 16(B) SCHEDULING CONFERENCE held on Tuesday, 8/1/2017. Mark Allison, TJ Lawhon present for plaintiffs; AUSA Stacey McCord present for defendant. Parties to confer and present Court with proposed deadlines for motions and responses. (Court Reporter Genie Power) (cdw) (Entered: 08/01/2017)
2017-10-257ORDER giving notice that this action will be dismissed without prejudice on 11/1/2017, unless something is filed before then to start this case moving toward a conclusion. Signed by Judge J. Leon Holmes on 10/25/2017. (ljb) (Entered: 10/25/2017)
2017-10-268Joint MOTION for Extension of Time to File Status Report by All Plaintiffs (Allison, Mark) (Entered: 10/26/2017)
2017-10-269ORDER granting the 8 joint motion to extend the time for submitting a status report. The parties must file a report on or before 12/1/2017, stating whether further action is needed in this case and, if so, proposing a scheduling order. Signed by Judge J. Leon Holmes on 10/26/2017. (ljb) (Entered: 10/26/2017)
2017-12-0110STATUS REPORT /On Behalf of all Parties by US Department of Agriculture. (McCord, Stacey) (Entered: 12/01/2017)
2017-12-0111ORDER directing the parties to file a proposed scheduling order on or before 12/15/2017. Signed by Judge J. Leon Holmes on 12/1/2017. (ljb) (Entered: 12/01/2017)
2017-12-1412NOTICE by US Department of Agriculture /Proposed Scheduling Order By All Parties (McCord, Stacey) (Entered: 12/14/2017)
2018-01-0513MOTION to Amend/Correct Complaint by All Plaintiffs (Attachments: # 1 Document Draft Amended Complaint, # 2 Exhibit Ex. 1-Notice of Proposed Revocation, # 3 Exhibit Ex. 2-Notice of Appeal, # 4 Exhibit Ex. 3-J. Ragonesi Letter, # 5 Exhibit Ex. 4-FOIA Letter to USDA, # 6 Exhibit Ex. 5-Final Response, # 7 Exhibit Ex. 6-USDA-AMS FOIA Appeal Letter, # 8 Exhibit Ex. 7-Ketter to Roger Simonds-lab testing, # 9 Exhibit Ex. 8-Acknowledgment of FOIA Request, # 10 Exhibit Ex. 9-March 2, 2017 Final Response, # 11 Exhibit Ex. 10-FOIA Appeal Letter (2017-AMS-01450-F), # 12 Exhibit Ex. 11-Letter-Response to AMS Supplemental Disclosure, # 13 Exhibit Ex. 12-Letter to Stacy McCord-Response to AMS Supplemental Disclosure, # 14 Exhibit Ex. 13-Response of McCord to DDH Response top AMS Supplemental Disclosure)(Allison, Mark) (Entered: 01/05/2018)
2018-01-0514ORDER granting 13 plaintiffs' motion for leave to file first amended and supplemental complaint. Plaintiffs must file the first amended and supplemental complaint within seven days from the entry of this Order. Signed by Judge J. Leon Holmes on 1/5/2018. (ljb) (Entered: 01/05/2018)
2018-01-0515AMENDED COMPLAINT against US Department of Agriculture filed by Dover Dixon Horne PLLC, Kingsley Brothers LLC, Kiman Kingsley (Attachments: # 1 Exhibit Ex. 1 - Notice of Proposed Revocation, # 2 Exhibit Ex. 2 - Kingsley Notice of Appeal, # 3 Exhibit Ex. 3 - J. Ragonesi Letter, # 4 Exhibit Ex. 4 - FOIA Letter to USDA, # 5 Exhibit Ex. 5 - Final Response (signed), # 6 Exhibit Ex. 6 - USDA-AMS FOIA Appeal Letter, # 7 Exhibit Ex. 7 - Letter to Roger Simonds-Lab Testing, # 8 Exhibit Ex. 8 - Acknowledgment of FOIA Request, # 9 Exhibit Ex. 9 - Final Response (March 2), # 10 Exhibit Ex. 10 - FOIA Appeal Letter (2017-AMS-01450-F), # 11 Exhibit Ex. 11 Letter-AMS Supplemental Disclosure, # 12 Exhibit Ex. 12 - Letter to Stacy McCord (Response to AMS Supplemental Disclosure), # 13 Exhibit Ex. 13 - McCord Reply to DDH Response to AMS Supplemental Disclosure)(Allison, Mark) (Docket text modified on 1/8/2018 to indicate the document is filed against Defendant.)(thd). (Entered: 01/05/2018)
2018-01-08NOTICE OF DOCKET CORRECTION re: 15 Amended Complaint. CORRECTION: The docket text was modified to indicate the document is filed against Defendant. (thd) (Entered: 01/08/2018)
2018-01-1916ANSWER to 15 Amended Complaint,,,, Answer to First Amended and Supplemental Complaint by US Department of Agriculture.(McCord, Stacey) (Entered: 01/19/2018)
2018-02-2817NOTICE by US Department of Agriculture re 12 Notice (Other) Parties' Proposed Amended Scheduling Order (McCord, Stacey) (Entered: 02/28/2018)
2018-03-2618ORDER granting 12 request for entry of proposed amended scheduling order. Dispositive motions will be due by 3/28/2018; Responses to dispositive motions will be due by 5/2/2018; Replies to dispositive motions responses will be due my 5/30/2018. Signed by Judge J. Leon Holmes on 3/26/2018. (ljb) (Entered: 03/26/2018)
2018-03-2619MOTION for Extension of Time to File Motion for Summary Judgment by US Department of Agriculture (Attachments: # 1 Proposed Second Amended Scheduling Order)(McCord, Stacey) (Entered: 03/26/2018)
2018-03-2820ORDER granting 19 Defendant's motion for extension of time and the request for entry of proposed second amended scheduling order. Dispositive motions will be due by 4/11/2018; responses to dispositive motions will be due by 5/16/2018; and replies to dispositive motions responses will be due by 6/13/2018. Signed by Judge J. Leon Holmes on 3/28/2018. (ljb) (Entered: 03/28/2018)
2018-04-1121MOTION for Summary Judgment by US Department of Agriculture (McCord, Stacey) (Entered: 04/11/2018)
2018-04-1122BRIEF IN SUPPORT re 21 Motion for Summary Judgment filed by US Department of Agriculture. (Attachments: # 1 Exhibit, # 2 Exhibit)(McCord, Stacey) (Entered: 04/11/2018)
2018-04-1123STATEMENT OF FACTS (Local Rule 56.1) re 22 Brief in Support filed by US Department of Agriculture. (McCord, Stacey) (Entered: 04/11/2018)
2018-05-1624RESPONSE in Opposition re 21 MOTION for Summary Judgment filed by Dover Dixon Horne PLLC, Kiman Kingsley, Kingsley Brothers LLC. (Attachments: # 1 Exhibit (A) April 20, 2018 AMS Decision, APL 17-012, # 2 Exhibit (B) October 25, 2017 Letter from Plaintiff's Counsel to Defendant's Counsel w/ selected enclosures, # 3 Exhibit (C) Answers to Plaintiff's First Interrogatories to Defendant Cynthia Kingsley, # 4 Exhibit (D) USDA Fiscal Year 2015 FOIA Report, # 5 Exhibit (E) USDA Fiscal Year 2016 FOIA Report, # 6 Exhibit (F) USDA Fiscal Year 2017 FOIA Report)(Allison, Mark) (Entered: 05/16/2018)
2018-05-1625BRIEF IN SUPPORT re 21 Motion for Summary Judgment, 24 Response in Opposition to Motion,, filed by All Plaintiffs. (Allison, Mark) (Entered: 05/16/2018)
2018-05-1626STATEMENT OF FACTS (Local Rule 56.1) re 23 Statement of Facts (Local Rule 56.1) Plaintiff's Response to Defendant's Statement of Uncontested Facts & Plaintiff's Statement of Material Contested Facts filed by All Plaintiffs. (Allison, Mark) (Entered: 05/16/2018)
2018-06-1327MOTION for Extension of Time to File Response/Reply as to 24 Response in Opposition to Motion,, by US Department of Agriculture (McCord, Stacey) (Entered: 06/13/2018)
2018-06-1528ORDER denying as premature 21 motion for summary judgment; and granting 27 motion for extension of time. The Court directs the parties to confer regarding a new scheduling order, and, if they are able to reach an agreement, to submit a new scheduling order as soon as they are able to do so in light of the ongoing production of documents. Signed by Judge J. Leon Holmes on 6/15/2018. (ljb) (Entered: 06/15/2018)
2018-07-0529STATUS REPORT by US Department of Agriculture. (McCord, Stacey) (Entered: 07/05/2018)
2018-10-0430Joint MOTION for Order Approving the Parties' Proposed New Briefing Schedule by All Defendants (McCord, Stacey) (Entered: 10/04/2018)
2018-10-0931ORDER granting 30 joint motion for new briefing schedule. The deadline for filing dispositive motions is 11/16/2018; the deadline for filing responses to dispositive motions is 12/21/2018; and the deadline for filing replies to the responses to dispositive motions is 1/18/2019. Signed by Judge J. Leon Holmes on 10/9/2018. (ljb) (Entered: 10/09/2018)
2018-11-1632MOTION for Summary Judgment by US Department of Agriculture (McCord, Stacey) (Entered: 11/16/2018)
2018-11-1633STATEMENT OF FACTS (Local Rule 56.1) re 32 Motion for Summary Judgment filed by US Department of Agriculture. (McCord, Stacey) (Entered: 11/16/2018)
2018-11-1634BRIEF IN SUPPORT re 32 Motion for Summary Judgment filed by US Department of Agriculture. (Attachments: # 1 Exhibit 1)(McCord, Stacey) (Entered: 11/16/2018)
2018-12-2135RESPONSE to Motion re 32 MOTION for Summary Judgment filed by Dover Dixon Horne PLLC, Kiman Kingsley, Kingsley Brothers LLC. (Attachments: # 1 Exhibit Defendant's Motion for Extensio of Time, filed June 13, 2018, # 2 Exhibit December 5, 2016 email from Jonathan Barber to Judith Ragonesi, # 3 Exhibit April 20, 2018 letter from NOP to Mark Allison, # 4 Exhibit Certificates of Organic Operation by Ecocert)(Allison, Mark) (Entered: 12/21/2018)
2018-12-2136RESPONSE re 33 Statement of Facts filed by All Plaintiffs. (Allison, Mark) (Docket text modified on 12/21/2018 to correct the description of the document filed) (jak) (Entered: 12/21/2018)
2018-12-2137BRIEF IN SUPPORT re 35 Response filed by All Plaintiffs. (Allison, Mark)(Docket text modified on 12/21/2018 to correct the linkage)(jak) (Entered: 12/21/2018)
2018-12-21NOTICE OF DOCKET CORRECTION re 36 Statement of Facts and 37 Brief in Support. CORRECTION: The docket text for docket entry 36 was modified to correct the description of the document filed as "RESPONSE re 33 Statement of Facts" as marked on the document. The docket text for docket entry 37 was modified to correct the linkage to 35 Response. (jak) (Entered: 12/21/2018)
2019-01-3138MOTION to Extend Time by US Department of Agriculture (McCord, Stacey) (Entered: 01/31/2019)
2019-02-0439ORDER granting 38 defendant's motion for extension of time to file its reply to plaintiffs' response to motion for summary judgment. Defendant's reply must be filed on or before 3/5/2019. Signed by Judge J. Leon Holmes on 2/4/2019. (ljb) (Entered: 02/04/2019)
2019-03-0540REPLY to 35 Response to 32 MOTION for Summary Judgment filed by US Department of Agriculture. (Attachments: # 1 Exhibit)(McCord, Stacey) (Docket text modified on 3/7/2019 to correct the linkage) (jak) (Entered: 03/05/2019)
2019-03-07NOTICE OF DOCKET CORRECTION re 40 Reply to Response to Motion. CORRECTION: The docket text was modified to correct the linkage to 35 Response and 32 Motion for Summary Judgment. (jak) (Entered: 03/07/2019)
2019-03-2041OPINION AND ORDER directing Agricultural Marketing Service to submit a more specific Vaughn index in accordance with the cases mentioned in this order, on or before 4/10/2019. The Court will address all mentioned issues at once when the record is complete. Signed by Judge J. Leon Holmes on 3/20/2019. (kdr) (Docket text modified on 3/21/2019 to correct the description of the document filed) (jak) (Entered: 03/20/2019)
2019-03-21NOTICE OF DOCKET CORRECTION re 41 Order. CORRECTION: The docket text was modified to correct the description of the document filed as "OPINION AND ORDER" as marked on the document. (jak) (Entered: 03/21/2019)
2019-04-0942NOTICE by US Department of Agriculture OF FILING OF REVISED VAUGHN INDEX (Attachments: # 1 Exhibit 2)(McCord, Stacey) (Entered: 04/09/2019)
2019-04-1843MOTION for Leave to File Response to Defendant's Revised Vaughn Index by All Plaintiffs (Allison, Mark) (Entered: 04/18/2019)
2019-04-1944ORDER granting 43 plaintiffs' motion for leave to respond to defendant's revised Vaughn index. The plaintiffs' response must be filed on or before 4/26/2019. Signed by Judge J. Leon Holmes on 4/19/2019. (ljb) (Entered: 04/19/2019)
2019-04-2645RESPONSE re 42 Notice (Other) to Defendant's Revised Second Vaughn Index by Dover Dixon Horne PLLC, Kiman Kingsley, Kingsley Brothers LLC (Allison, Mark) (Entered: 04/26/2019)
2019-05-3146ORDER that the Court still needs more information. AMS may file this information on or before 6/14/2019. The plaintiffs may respond to whatever AMS files in response to this Order on or before 6/28/2019. Signed by Judge J. Leon Holmes on 5/31/2019. (ljb) (Entered: 05/31/2019)
2019-06-1347MOTION to Extend Time To Respond To Court's Order by US Department of Agriculture (McCord, Stacey) (Entered: 06/13/2019)
2019-06-1448ORDER granting 47 defendant's motion for extension of time to respond to Court's Order. The time for the defendant to respond is extended up to and including 6/26/2019. Plaintiffs' reply will be due by 7/10/2019. Signed by Judge J. Leon Holmes on 6/14/2019. (jbh) (Entered: 06/14/2019)
2019-06-2649RESPONSE re 46 Order, by US Department of Agriculture (Attachments: # 1 Exhibit 1)(McCord, Stacey) (Entered: 06/26/2019)
2019-07-0350MOTION for Extension of Time to File Response/Reply as to 48 Order on Motion to Extend Time, by All Plaintiffs (Allison, Mark) (Entered: 07/03/2019)
2019-07-0551ORDER granting 50 motion for extension of time, up to and including 7/17/2019, to reply to defendant's response to the Court's 5/31/2019 Order. Signed by Judge J. Leon Holmes on 7/5/2019. (ljb) (Entered: 07/05/2019)
2019-07-1552MOTION for Extension of Time to File Response/Reply as to 49 Response (Non Motion) by All Plaintiffs (Allison, Mark) (Entered: 07/15/2019)
2019-07-1753ORDER granting 52 motion for extension of time, up to and including 8/7/2019, to reply to defendant's response to the Court's 5/31/2019 Order. Signed by Judge J. Leon Holmes on 7/17/2019. (ljb) (Entered: 07/17/2019)
2019-08-0554MOTION for Extension of Time to File Response/Reply as to 49 Response (Non Motion) by All Plaintiffs (Allison, Mark) (Entered: 08/05/2019)
2019-08-0555ORDER granting 54 plaintiffs' motion for extension of time, up to and including 8/28/2019, to reply to defendant's response to the Court's 5/31/2019 Order. Signed by Judge J. Leon Holmes on 8/5/2019. (ljb) (Entered: 08/05/2019)
2019-08-2856MOTION for Extension of Time to File Response/Reply as to 49 Response (Non Motion) by All Plaintiffs (Allison, Mark) (Entered: 08/28/2019)
2019-08-2857ORDER granting 56 motion for extension of time, up to and including 9/18/2019, to reply to defendant's response to the Court's 5/31/2019 Order. Signed by Judge J. Leon Holmes on 8/28/2019. (ljb) (Entered: 08/28/2019)
2019-09-2358STIPULATION OF SETTLEMENT AND DISMISSAL by US Department of Agriculture. (McCord, Stacey) (Entered: 09/23/2019)
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by FOIA Project Staff
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