| Date Filed | Doc # | Docket Text |
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| 2020-01-08 | 1 | COMPLAINT against UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA ( Filing fee $ 400, receipt number 4616102023) filed by WILLIAM BUSH. (Attachments: # 1 Civil Cover Sheet)(jf) (Entered: 01/14/2020) |
| 2020-01-08 | | SUMMONS (3) Issued as to UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General (jf) (Entered: 01/14/2020) |
| 2020-01-31 | 2 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 1/24/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/27/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/27/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 2/26/2020.) (eg) (Entered: 02/03/2020) |
| 2020-02-25 | 3 | MOTION for Extension of Time to File Answer re 1 Complaint Motion to Set Date to Answer or Respond by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA (Tepe, Sean) (Entered: 02/25/2020) |
| 2020-02-28 | | MINUTE ORDER. Upon review of Defendants' 3 Motion to Set a Date to Answer or Otherwise Respond to Complaint, and for good cause shown, it is hereby ORDERED that the Motion is GRANTED and that Defendants shall respond to the Complaint on or before April 27, 2020. Signed by Judge Carl J. Nichols on February 28, 2020. (lccjn3) (Entered: 02/28/2020) |
| 2020-02-28 | 4 | STANDING ORDER. Signed by Judge Carl J. Nichols on February 28, 2020. (lccjn3) (Entered: 02/28/2020) |
| 2020-02-28 | | Set/Reset Deadlines: Defendants Response To The Complaint due by 4/27/2020, (mac) (Entered: 02/28/2020) |
| 2020-02-28 | 5 | Memorandum in opposition to re 3 MOTION for Extension of Time to File Answer re 1 Complaint Motion to Set Date to Answer or Respond filed by WILLIAM BUSH. (Attachment: # 1 Text of Proposed Order)(eg) (Entered: 03/03/2020) |
| 2020-04-01 | 6 | MOTION for Extension of Time to Effectuate Service of Process by WILLIAM BUSH (eg) (Entered: 04/03/2020) |
| 2020-04-01 | 7 | MOTION to Delay Certification of the Class by WILLIAM BUSH (eg) (Entered: 04/03/2020) |
| 2020-04-27 | 8 | ANSWER to 1 Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Tepe, Sean) (Entered: 04/27/2020) |
| 2020-04-29 | 9 | MOTION for Reconsideration re Order on Motion for Extension of Time to Answer, by WILLIAM BUSH (Attachment: # 1 Memorandum in Support)(eg) (Entered: 04/30/2020) |
| 2020-05-11 | | MINUTE ORDER. Upon review of Plaintiff's 6 Motion for Extension of Time to Effectuate Service of Process, it is hereby ORDERED that the Motion is DENIED as moot. Defendant has filed its Answer and does not appear to challenge service. Signed by Judge Carl J. Nichols on May 11, 2020. (lccjn3) (Entered: 05/11/2020) |
| 2020-05-11 | | MINUTE ORDER. In light of Plaintiff's 7 Motion to Delay Class Action Certification, it is hereby ORDERED that Defendant shall file a Response on or before May 25, 2020. Signed by Judge Carl J. Nichols on May 11, 2020. (lccjn3) (Entered: 05/11/2020) |
| 2020-05-11 | | MINUTE ORDER. Upon review of Plaintiff's 9 Motion for Reconsideration of Minute Order Granting Defendants' Motion for Extension of Time, it is hereby ORDERED that the Motion is DENIED. Defendants have already filed their responsive pleading. The Court was aware of Plaintiff's opposition to Defendants' extension request when it issued its Minute Order and found Defendants demonstrated good cause for an extension. As their Motion indicated, this action is not a "straightforward action to compel" the production of documents as Plaintiff appeared to raise various constitutional claims in his prayer for relief. Signed by Judge Carl J. Nichols on May 11, 2020. (lccjn3) (Entered: 05/11/2020) |
| 2020-05-11 | | MINUTE ORDER. Before the Court are a Complaint and Defendants' Answer. Accordingly, the Parties shall meet and confer to discuss each of the matters set forth in Local Civil Rule 16.3(c). The Parties shall submit a Joint Meet and Confer Report addressing all topics listed in Local Civil Rule 16.3(c) on or before June 5, 2020. The Parties shall also submit a proposed scheduling order pursuant to Local Civil Rule 16.3(d). After submission of the Joint Meet and Confer Report, the Court will, if necessary, schedule an Initial Scheduling Conference. Following submission of the Joint Meet and Confer Report or following the Initial Scheduling Conference, the Court will issue a Scheduling Order governing proceedings in the case. Signed by Judge Carl J. Nichols on May 11, 2020. (lccjn3) (Entered: 05/11/2020) |
| 2020-05-19 | 11 | MOTION for Recusal by WILLIAM BUSH (Attachments: # 1 Memorandum in Support, # 2 Affidavit)(eg) (Entered: 05/26/2020) |
| 2020-05-19 | 12 | AFFIDAVIT FOR DEFAULT by WILLIAM BUSH. (eg) (Entered: 05/26/2020) |
| 2020-05-25 | 10 | Memorandum in opposition to re 7 MOTION for Extension of Time to Seek Class Certification filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Tepe, Sean) (Entered: 05/25/2020) |
| 2020-05-26 | 13 | REPLY to opposition to motion re 7 MOTION for Extension of Time to filed by WILLIAM BUSH. (eg) (Entered: 05/27/2020) |
| 2020-06-05 | 14 | MEET AND CONFER STATEMENT. (Tepe, Sean) (Entered: 06/05/2020) |
| 2020-06-22 | | MINUTE ORDER. In light of Plaintiff's 11 Motion for Recusal, it is hereby ORDERED that Defendant shall file a Response on or before July 6, 2020. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3) (Entered: 06/22/2020) |
| 2020-06-22 | | MINUTE ORDER. Upon review of the Parties' 14 Joint Meet and Confer Report, it is hereby ORDERED that: on or before August 28, 2020, Defendants shall file their Motion for Summary Judgment; on or before September 28, 2020, Plaintiff shall file his Opposition to Defendants' Motion and Cross-Motion for Summary Judgment; on or before October 28, 2020, Defendants shall file their Opposition to Plaintiff's Cross-Motion for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment; and on or before November 18, 2020, Plaintiff shall file his Reply in Support of his Cross-Motion for Summary Judgment. The Court notes that Plaintiff has indicated in the Joint Meet and Confer Report that he intends to file several other motions. Motions for preliminary injunctions are highly disfavored in FOIA cases. See, e.g. , Long v. Dep't of Homeland Security , 436 F. Supp.2d 38 (D.D.C. 2006). Similarly, it "is established that [d]iscovery is not favored in lawsuits under the FOIA." Beltranena v. Clinton , 770 F. Supp. 2d 175, 187 (D.D.C. 2011) (internal quotation marks and citation omitted). Plaintiff is cautioned against filing motions with legal contentions that are not warranted by existing law and which may subject him to sanctions. See Fed. R. Civ. P. 11. Signed by Judge Carl J. Nichols on June 22, 2020. (lccjn3) (Entered: 06/22/2020) |
| 2020-06-22 | | Set/Reset Deadlines: Response due by 7/6/2020. (zcal) (Entered: 06/23/2020) |
| 2020-06-22 | | Set/Reset Deadlines: Summary Judgment motions due by 8/28/2020. Cross Motions due by 9/28/2020. Response to Motion for Summary Judgment due by 9/28/2020. Response to Cross Motions due by 10/28/2020. Reply to Motion for Summary Judgment due by 10/28/2020. Reply to Cross Motions due by 11/18/2020. (zcal) (Entered: 06/23/2020) |
| 2020-07-06 | 15 | Memorandum in opposition to re 11 MOTION for Recusal filed by UNITED STATES DEPARTMENT OF AGRICULTURE. (Tepe, Sean) (Entered: 07/06/2020) |
| 2020-07-08 | 16 | REPLY to opposition to motion re 11 MOTION for Recusal filed by WILLIAM BUSH. (eg) (Entered: 07/08/2020) |
| 2020-07-09 | | MINUTE ORDER. Upon review of Plaintiff's 11 Motion for Recusal, it is hereby ORDERED that the Motion is DENIED. Signed by Judge Carl J. Nichols on July 9, 2020. (lccjn3) (Entered: 07/09/2020) |
| 2020-07-09 | | MINUTE ORDER. Upon review of Plaintiff's 7 Motion to Delay Certification of the Class, it is hereby ORDERED that the Motion is GRANTED. The Local Rules permit the Court to exercise its discretion to extend the 90-day period and allow the Court to postpone rulings on motions for class certification. See LCvR 23.1(b). In light of this, and in the interest of judicial efficiency, Plaintiff's obligation under the Local Civil Rules is stayed until the Motions for Summary Judgment are resolved. It is so ORDERED. Signed by Judge Carl J. Nichols on July 9, 2020. (lccjn3) (Entered: 07/09/2020) |
| 2020-08-28 | 17 | MOTION for Summary Judgment and/or Judgment on the Pleadings by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order, # 3 Declaration of Albright, # 4 Declaration of Saceda, # 5 Declaration of Gray)(Tepe, Sean). Added MOTION for Judgment on the Pleadings on 9/1/2020 (znmw). (Entered: 08/28/2020) |
| 2020-09-02 | 18 | Fox/Neal Order. The Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff. Signed by Judge Carl J. Nichols on September 2, 2020. (lccjn3) (Entered: 09/02/2020) |
| 2020-09-28 | 19 | Memorandum in opposition to re 17 MOTION for Summary Judgment and/or Judgment on the Pleadings MOTION for Judgment on the Pleadings filed by WILLIAM BUSH. (Attachments: # 1 Memorandum in Support, # 2 Memorandum in Support, # 3 Statement of Facts, # 4 Exhibits, # 5 Text of Proposed Order)(eg) (Attachment 4 replaced on 10/1/2020) (zeg). (Entered: 09/30/2020) |
| 2020-09-28 | 20 | Cross MOTION for Summary Judgment, MOTION for Judgment by WILLIAM BUSH. ( View Docket Entry 19 to view document). (eg) (Entered: 09/30/2020) |
| 2020-10-28 | 21 | REPLY to opposition to motion re 17 MOTION for Summary Judgment and/or Judgment on the Pleadings MOTION for Judgment on the Pleadings filed by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts Response, # 2 Supp. Albright Declaration, # 3 Supp. Gray Declaration)(Tepe, Sean) (Entered: 10/28/2020) |
| 2020-10-28 | 22 | Memorandum in opposition to re 20 MOTION for Summary Judgment MOTION for Judgment by Plaintiff filed by UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA. (Attachments: # 1 Statement of Facts Response, # 2 Supp. Albright Declaration, # 3 Supp. Gray Declaration)(Tepe, Sean) (Entered: 10/28/2020) |
| 2020-11-18 | 23 | REPLY to opposition to motion re 20 MOTION for Summary Judgment MOTION for Judgment filed by WILLIAM BUSH. (Attachment: # 1 Exhibits)(eg) (Entered: 11/19/2020) |
| 2021-03-15 | 24 | NEW Request For Pro Se Electronic Noticing by WILLIAM BUSH (eg) (Entered: 03/19/2021) |
| 2021-04-12 | | ENTERED IN ERROR.....MINUTE ORDER. Upon review of Plaintiff's 24 Request for Pro Se Electronic Noticing, which the Court construes as a Motion for CM/ECF User Name and Password, it is hereby ORDERED that the Motion is DENIED without prejudice. Under Local Civil Rule 5.4(b)(2), a pro se party may obtain CM/ECF access, but only after filing a motion that describes (1) "the party's access to the internet, (2) confirming the capacity to file documents and receive filings electronically on a regular basis, and (3) certifying that [he] has successfully completed the entire Clerks Office on-line tutorial or has been permitted to file electronically in other federal courts." Signed by Judge Carl J. Nichols on April 12, 2021. (lccjn3) Modified on 4/13/2021 (zcal). (Entered: 04/12/2021) |
| 2021-04-13 | | NOTICE OF CORRECTED DOCKET ENTRY: Minute Order filed 4/12/2021 was entered in error. Parties are to Disregard. (zcal) (Entered: 04/13/2021) |
| 2021-05-07 | | MINUTE ORDER. Upon review of the Parties' 17 20 Summary Judgment Motions, the Parties are hereby ORDERED to appear for oral argument via videoconference on June 2, 2021, at 10:30 am ET . Signed by Judge Carl J. Nichols on May 7, 2021. (lccjn3) (Entered: 05/07/2021) |
| 2021-05-07 | | Set/Reset Hearings: Motion Hearing set for 6/2/2021 at 10:30 AM in Telephonic/VTC before Judge Carl J. Nichols. (zcal) (Entered: 05/07/2021) |
| 2021-06-02 | | Minute Order and Entry for Proceedings held before Judge Carl J. Nichols: Video/Telephone Motion Hearing held on 6/2/2021 re 17 and 20 . Motions taken under advisement. Court Reporter: Lorraine Herman. (zcal) (Entered: 06/02/2021) |
| 2021-07-24 | 25 | TRANSCRIPT OF PROCEEDINGS before Judge Carl J. Nichols held on June 2, 2021. Page Numbers: 1-18. Date of Issuance: July 24, 2021. Court Reporter/Transcriber: Lorraine Herman. Telephone number: 202-354-3196. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refere nced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/14/2021. Redacted Transcript Deadline set for 8/24/2021. Release of Transcript Restriction set for 10/22/2021.(Herman, Lorraine) (Entered: 07/24/2021) |
| 2021-08-23 | 26 | NOTICE OF SUPPLEMENTAL AUTHORITY by WILLIAM BUSH (Attachment: # 1 Exhibit)(eg) (Entered: 08/25/2021) |
| 2021-09-30 | 27 | MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on September 30, 2021. (lccjn3) (Entered: 09/30/2021) |
| 2021-09-30 | 28 | ORDER. Signed by Judge Carl J. Nichols on September 30, 2021. (lccjn3) (Entered: 09/30/2021) |
| 2021-11-18 | 29 | NOTICE OF APPEAL as to 28 Order on Motion for Summary Judgment, Order on Motion for Judgment on the Pleadings, Order on Motion for Extension of Time to Answer, Order on Motion for Recusal by WILLIAM BUSH. Filing fee $ 505, receipt number 201082. Fee Status: Fee Paid. Parties have been notified. (eg) (Entered: 11/24/2021) |
| 2021-11-24 | 30 | 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 re 29 Notice of Appeal,. (zeg) (Entered: 11/24/2021) |
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