Case Detail

FOIA Project Annotation: A federal court in New York has ruled that a suit challenging the Food Safety Inspection Service's failure to post unredacted versions of inspection reports of meat and poultry-processing facilities to monitor their compliance with the Humane Methods of Slaughter Act and the Poultry Products Inspection Act under the proactive provisions in Section (a)(2) may continue. The Animal Welfare Institute and Farm Sanctuary submitted FOIA requests to the agency asking for unredacted versions of existing inspection reports as well as a commitment to post future reports. The agency responded by disclosing redacted versions of existing reports but did not address the request for proactive posting. AWI and FS filed an administrative appeal but after hearing nothing further from the agency they filed suit, claiming the records were required to be posted under the reading room provision of Section (a)(2). The agency argued that under CREW v. Dept of Justice, 846 F.3d 1235 (D.C. Cir. 2017), and other litigation in the D.C. Circuit pertaining to available remedies under Section (a)(2), AWI and FS had no remedy. The court disagreed, noting that "despite out-of-circuit case law holding to the contrary, a plain reading of this section seems to suggest that a district court has both the authority to enjoin the agency from withholding records (i.e., injunctive relief), and to order production of any agency records withheld from a particular plaintiff, which would appear to cover the reading room provision. Defendants' argument, however, suggests that there is virtually no meaningful remedy for parties aggrieved under the reading room provision. This runs contrary to Section 522's purpose. . ." Alternatively, the agency asked the court to transfer venue to the D.C. Circuit district court. The court rejected the request, observing that "defendants have failed to satisfy their burden to demonstrate by clear and convincing evidence that the factors favor transfer to the District of Columbia."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2018-08-23	1	COMPLAINT against All Defendants $ 400 receipt number 0209-3197613, filed by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Summons, # 3 Supplement Summons, # 4 Supplement Summons, # 5 Supplement Summons)(Lawton, William) (Entered: 08/23/2018)
2018-08-24		Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG) (Entered: 08/24/2018)
2018-08-24		AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) (Entered: 08/24/2018)
2018-08-24		Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG) (Entered: 08/24/2018)
2018-08-24	2	Summons Issued as to Food Safety and Inspection Service, United States Department of Agriculture, U.S. Attorney and U.S. Attorney General (Attachments: # 1 summons issued, # 2 summons issued, # 3 summons issued)(SG) (Entered: 08/24/2018)
2018-08-29	3	TEXT ORDER REASSIGNING CASE IT HEREBY IS ORDERED that this case is TRANSFERRED to the Rochester Division of the United States District Court for the Western District of New York. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/29/2018. (CMD) -CLERK TO FOLLOW UP- (Entered: 08/29/2018)
2018-09-11	4	NOTICE of Appearance by Michael S. Cerrone on behalf of Food Safety and Inspection Service, United States Department of Agriculture (Cerrone, Michael) (Entered: 09/11/2018)
2018-09-26	5	MOTION to Dismiss by Food Safety and Inspection Service, United States Department of Agriculture.(Cerrone, Michael) (Entered: 09/26/2018)
2018-09-26	6	MEMORANDUM IN SUPPORT re 5 MOTION to Dismiss by Food Safety and Inspection Service, United States Department of Agriculture. (Cerrone, Michael) (Entered: 09/26/2018)
2018-09-27		NOTICE: Set/Reset Deadlines as to 5 MOTION to Dismiss. Responses due by 10/11/2018. Replies due by 10/18/2018. Motion will be submitted without oral argument on 10/25/2018 before Hon. Michael A. Telesca. No court appearances are required. (JMC) (Entered: 09/27/2018)
2018-10-03	7	Consent MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 10/03/2018)
2018-10-04	8	ORDER granting 7 Motion for Extension of Time to File Response/Reply re 5 MOTION to Dismiss Responses due by 11/16/2018. Replies due by 12/31/2018.. Signed by Hon. Michael A. Telesca on 10/4/18. (JMC) (Entered: 10/04/2018)
2018-10-04		NOTICE: Set/Reset Deadlines as to 5 MOTION to Dismiss . Responses due by 11/16/2018. Replies due by 12/31/2018. Motion will be submitted without oral argument on 1/10/2019 before Hon. Michael A. Telesca. No court appearances are required. (JMC) (Entered: 10/04/2018)
2018-11-16	9	RESPONSE in Opposition re 5 MOTION to Dismiss filed by Animal Welfare Institute, Farm Sanctuary. (Lawton, William) (Entered: 11/16/2018)
2018-12-27	10	First MOTION for Extension of Time to File Reply Brief by Food Safety and Inspection Service, United States Department of Agriculture.(Cerrone, Michael) (Entered: 12/27/2018)
2018-12-28	11	TEXT ORDER granting motion to extend all current deadlines in this action commensurate with the duration of the lapse in appropriations for the Department of Justice. Motions terminated: 10 First MOTION for Extension of Time to File Reply Brief filed by Food Safety and Inspection Service, United States Department of Agriculture.. Signed by Hon. Michael A. Telesca on 12/28/18. (JMC) (Entered: 12/28/2018)
2019-02-06	12	REPLY/RESPONSE to re 9 Response in Opposition to Motion (Reply Memorandum of Law) filed by Food Safety and Inspection Service, United States Department of Agriculture. (Cerrone, Michael) (Entered: 02/06/2019)
2019-02-07		NOTICE: Set/Reset Deadlines as to 5 MOTION to Dismiss . Motion will be submitted without oral argument on 2/14/2019 before Hon. Michael A. Telesca. No court appearances are required. (JMC) (Entered: 02/07/2019)
2019-02-15	13	Minute Entry for proceedings held before Hon. Michael A. Telesca: Motion was submitted without oral argument on 2/14/2019 re 5 MOTION to Dismiss filed by Food Safety and Inspection Service, United States Department of Agriculture. (JMC) (Entered: 02/15/2019)
2019-07-15	14	ORDER denying 5 Defendants' Motion to Dismiss for failure to state a claim and for lack of subject matter jurisdiction. Defendants motion in the alternative for transfer of the case to the United States District Court for the District of Columbia is also denied. Signed by Hon. Michael A. Telesca on 7/15/19. (JMC) (Entered: 07/15/2019)
2019-07-24	15	STIPULATION Extending Time to Answer by Food Safety and Inspection Service, United States Department of Agriculture. (Cerrone, Michael) (Entered: 07/24/2019)
2019-07-25	16	STIPULATION AND ORDER extending time for defendants to answer the complaint until August 14, 2019. Signed by Hon. Michael A. Telesca on 7/25/19. (JMC) (Entered: 07/25/2019)
2019-08-14	17	ANSWER to 1 Complaint, by Food Safety and Inspection Service, United States Department of Agriculture.(Cerrone, Michael) (Entered: 08/14/2019)
2019-08-15		ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution . (JHF) (Entered: 08/15/2019)
2019-08-20	18	ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on 8//20/19. (JMC) (Entered: 08/20/2019)
2019-09-06	19	ORDER (Scheduling Conference set for 11/6/2019 10:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 9/6/2019. (KAH) (Entered: 09/06/2019)
2019-10-31	20	DISCOVERY PLAN by Animal Welfare Institute, Farm Sanctuary.(Lawton, William) (Entered: 10/31/2019)
2019-11-06	21	Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 11/6/2019. Appearances: William N. Lawton, Esq. by telephone, Kathryn L. Smith, AUSA (CAM) (Entered: 11/08/2019)
2019-11-07	22	CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Hon. Marian W. Payson. Signed by Hon. Michael A. Telesca on 11/7/2019. (KAH) (Entered: 11/08/2019)
2019-11-08	23	ORDER Defendants shall filed their motion for summary judgment by 1/31/2020. Plaintiffs' response, including any application for discovery, shall be filed by 3/31/2020. Defendants' reply shall be filed by 4/20/2020. Plaintiffs' reply shall be filed by 6/1/2020. Oral Argument set for 6/18/2020 at 2:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 11/8/2019. (KAH) (Entered: 11/08/2019)
2020-01-09	24	MOTION for Extension of Time to Complete Discovery by Food Safety and Inspection Service, United States Department of Agriculture.(Cerrone, Michael) (Entered: 01/09/2020)
2020-01-15	25	ORDER & AMENDED SCHEDULING ORDER granting 24 Motion for Extension of Time to Complete Discovery. The Court's 11/8/2019 Order 23 shall be amended as follows: Defendants shall filed their motion for summary judgment by 3/31/2020. Plaintiffs' response, including any application for discovery, shall be filed by 6/1/2020. Defendants' reply shall be filed by 6/30/2020. Plaintiffs' reply shall be filed by 8/17/2020. Oral Argument set for 8/27/2020 at 2:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 1/15/2020. (KAH) (Entered: 01/15/2020)
2020-03-23	26	MOTION for Extension of Time to File Extending the Deadlines Contained in the Court's Scheduling Order by Food Safety and Inspection Service, United States Department of Agriculture. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 03/23/2020)
2020-03-27	27	ORDER & AMENDED SCHEDULING ORDER granting 26 Motion for Extension of Time to Complete Discovery. The Court's January 15, 2020 Order & Amended Scheduling Order 25 shall be amended as follows: Defendants shall filed their motion for summary judgment by 6/1/2020. Plaintiffs' response, including any application for discovery, shall be filed by 7/31/2020. Defendants' reply shall be filed by 8/31/2020. Plaintiffs' reply shall be filed by 10/16/2020. Oral Argument set for 10/27/2020 at 2:00 PM before Hon. Marian W. Payson. Signed by Hon. Marian W. Payson on 3/27/2020. (KAH) (Entered: 03/27/2020)
2020-03-27		Set Deadlines/Hearings: Defendants shall filed their motion for summary judgment by 6/1/2020. Plaintiffs' response, including any application for discovery, shall be filed by 7/31/2020. Defendants' reply shall be filed by 8/31/2020. Plaintiffs' reply shall be filed by 10/16/2020. Oral Argument set for 10/27/2020 at 2:00 PM before Hon. Marian W. Payson. (KAH) (Entered: 03/27/2020)
2020-05-27	28	Joint MOTION to Stay by Animal Welfare Institute, Farm Sanctuary.(Lawton, William) (Entered: 05/27/2020)
2020-05-28	29	MOTION for Extension of Time to Complete Discovery by Food Safety and Inspection Service, United States Department of Agriculture. (Attachments: # 1 Declaration)(Cerrone, Michael) (Entered: 05/28/2020)
2020-05-29	30	ORDER The joint motion to stay the case 28 is granted. Counsel shall advise this Court in writing within ten (10) days of the Second Circuit's ruling to request the lifting of the stay and to set new scheduling deadlines. And it is further Ordered, that oral argument on defendants' anticipated motion for summary judgment scheduled for October 27, 2020, at 2:00 p.m., is adjourned without date. And it is further Ordered, that defendants' unopposed motion for an extension of the scheduling order 29 is denied as moot. Signed by Hon. Marian W. Payson on 5/29/2020. (KAH) (Entered: 05/29/2020)
2021-02-16	31	Letter filed by Food Safety and Inspection Service, United States Department of Agriculture as to Food Safety and Inspection Service, United States Department of Agriculture . (Attachments: # 1 Exhibit)(Cerrone, Michael) (Entered: 02/16/2021)
2021-02-17	32	LETTER ORDER granting request for an additional 45-day stay until March 22, 2021. If the case has not been resolved, the parties will provide the Court, on or before March 22, 2021, with a proposed schedule for the remainder of this litigation, including dispositive motions. Signed by Hon. Marian W. Payson on 2/17/2021. (KAH) (Entered: 02/17/2021)
2021-03-22	33	Consent MOTION to Stay re 32 Order, Consent Motion to Extend Stay Until April 16, 2021 by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 03/22/2021)
2021-03-23	34	ORDER Plaintiffs' motion to stay 33 is granted. The matter is stayed until April 16, 2021. On or before April 16, 2021, the parties will provide the Court with a proposed schedule for the remainder of this litigation, including dispositive motions. Signed by Hon. Marian W. Payson on 3/23/2021. (KAH) (Entered: 03/23/2021)
2021-04-16	35	Consent MOTION to Stay Consent Motion to Extend Stay by Thirty Days Until May 17, 2021 by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 04/16/2021)
2021-04-20	36	ORDER granting 35 motion to extend the stay in this matter until May 17, 2021. On or before May 17, 2021, the parties will provide the Court with a proposed schedule for the remainder of this litigation, including dispositive motions. Signed by Hon. Marian W. Payson on 4/20/2021. (KAH) (Entered: 04/20/2021)
2021-05-14	37	Consent MOTION to Stay by Animal Welfare Institute, Farm Sanctuary. (Attachments: # 1 Text of Proposed Order)(Lawton, William) (Entered: 05/14/2021)
2021-05-18	38	ORDER granting 37 Motion to Stay. The matter is stayed until 6/16/2021. Joint Status Report due by 6/16/2021. Signed by Hon. Marian W. Payson on 5/17/2021. (KAH) (Entered: 05/18/2021)
2021-06-16	39	STATUS REPORT Joint Status Report by Animal Welfare Institute, Farm Sanctuary. (Lawton, William) (Entered: 06/16/2021)
2021-06-17	40	ORDER granting request. Stay continued until 7/30/2021. Joint Status Report due by 7/30/2021. Signed by Hon. Marian W. Payson on 6/17/2021. (KAH) (Entered: 06/17/2021)
2021-07-30	41	STATUS REPORT Joint Status Report by Animal Welfare Institute, Farm Sanctuary. (Lawton, William) (Entered: 07/30/2021)
2021-08-11	42	ORDER granting request to extend the stay until 9/30/2021. Joint Status Report due by 9/30/2021. Signed by Hon. Marian W. Payson on 8/11/2021. (KAH) (Entered: 08/12/2021)
2021-09-30	43	STATUS REPORT Joint Status Report by Animal Welfare Institute, Farm Sanctuary. (Lawton, William) (Entered: 09/30/2021)
2021-10-12	44	ORDER granting request to extend the stay until 11/29/2021. Joint Status Report due by 11/29/2021. Signed by Hon. Marian W. Payson on 10/12/2021. (KAH) (Entered: 10/12/2021)
2021-11-29	45	STATUS REPORT Joint Status Report by Animal Welfare Institute, Farm Sanctuary. (Lawton, William) (Entered: 11/29/2021)
2021-12-08	46	ORDER granting request to extend the stay until 1/31/2022. Joint Status Report due by 1/31/2022. Signed by Hon. Marian W. Payson on 12/8/2021. (KAH) (Entered: 12/08/2021)
2021-12-22	47	STIPULATION of Dismissal by Food Safety and Inspection Service, United States Department of Agriculture. (Attachments: # 1 Exhibit A-B)(Cerrone, Michael) (Entered: 12/22/2021)
2022-01-03	48	ORDER dismissing the matter with prejudice. Pursuant to the terms of the parties' Settlement Agreement, which is incorporated by reference into this Order, the Court will retain jurisdiction to enforce the Settlement Agreement for a period of three (3) years. Signed by Hon. Marian W. Payson on 1/3/2022. (KAH) -CLERK TO FOLLOW UP- (Entered: 01/03/2022)
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