Skip to content

Case Detail

[Subscribe to updates]
Case TitlePUBLIC CITIZEN v. U.S. DEPARTMENT OF AGRICULTURE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01408
Date Filed2021-05-24
Date Closed2022-08-05
JudgeJudge Amit P. Mehta
PlaintiffPUBLIC CITIZEN
Case DescriptionPublic Citizen submitted a FOIA request to the Department of Agriculture for records concerning the pandemic and its impact on the health and safety of workers at meat and poultry processing facilities. The agency acknowledged receipt of the request and responded in three interim responses, withholding records under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). After the agency failed to respond further, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantU.S. DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-241COMPLAINT against U.S. DEPARTMENT OF AGRICULTURE ( Filing fee $ 402 receipt number ADCDC-8475863) filed by PUBLIC CITIZEN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Liu, Wendy) (Entered: 05/24/2021)
2021-05-242LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN (Liu, Wendy) (Entered: 05/24/2021)
2021-05-243NOTICE of Appearance by Adam R. Pulver on behalf of PUBLIC CITIZEN (Pulver, Adam) (Entered: 05/24/2021)
2021-05-24Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 05/24/2021)
2021-05-254SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF AGRICULTURE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/25/2021)
2021-06-085RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/2/2021. Answer due for ALL FEDERAL DEFENDANTS by 7/2/2021. (Pulver, Adam) (Entered: 06/08/2021)
2021-06-086RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/02/2021. (Pulver, Adam) (Entered: 06/08/2021)
2021-07-027NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF AGRICULTURE (Schaefer, Daniel) (Entered: 07/02/2021)
2021-07-028ANSWER to Complaint by U.S. DEPARTMENT OF AGRICULTURE.(Schaefer, Daniel) (Entered: 07/02/2021)
2021-07-069ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before July 20, 2021. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion to stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 7/6/2021. (lcapm1) (Entered: 07/06/2021)
2021-07-2010Joint STATUS REPORT by PUBLIC CITIZEN. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) (Entered: 07/20/2021)
2021-07-21MINUTE ORDER. USDA shall make any supplemental production of responsive records with respect to the contested Exemption 5 withholdings on or before August 2, 2021; USDA shall send initial communications to the submitters at issue on or before August 20, 2021; USDA shall provide Plaintiff with an update as to the status of any challenged withholdings not addressed by its supplemental production on or before August 20, 2021. The parties shall file a further joint status report on or before September 3, 2021. Signed by Judge Amit P. Mehta on 7/21/2021. (lcapm1) (Entered: 07/21/2021)
2021-09-0311Joint STATUS REPORT by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Plaintiff's Proposed Order, # 2 Defendant's Proposed Order)(Schaefer, Daniel) (Entered: 09/03/2021)
2021-10-12MINUTE ORDER. The parties shall file an additional Joint Status Report by October 20, 2021, which updates the court on (1) the status of the Agency's communication exchanges with the business submitters, (2) its final determinations on release of the information at issue in the contested Exemption 4 withholdings, and (3) the scope of any outstanding disputes on any remaining contested Exemption 4 and 5 withholdings. Signed by Judge Amit P. Mehta on 10/12/2021. (lcapm1) (Entered: 10/12/2021)
2021-10-2012Joint STATUS REPORT by PUBLIC CITIZEN. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) (Entered: 10/20/2021)
2021-10-20MINUTE ORDER. The parties shall file an additional Joint Status Report by November 19, 2021, which advises whether any disputes remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/20/2021. (lcapm1) (Entered: 10/20/2021)
2021-11-1913Joint STATUS REPORT by PUBLIC CITIZEN. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) (Entered: 11/19/2021)
2021-11-19MINUTE ORDER. The parties' requested summary judgment briefing is entered and further briefing shall be as follows: (1) Defendant USDA shall file a Vaughn index and motion for summary judgment on or before January 12, 2022; (2) Plaintiff Public Citizen shall file its opposition and cross-motion for summary judgment on or before February 18, 2022; (3) Defendant shall file its reply and cross-opposition on or before March 18, 2022, and; (4) Plaintiff shall file its cross-reply on or before April 18, 2022. Signed by Judge Amit P. Mehta on 11/19/2021. (lcapm1) (Entered: 11/19/2021)
2022-01-0614Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/06/2022)
2022-01-07MINUTE ORDER granting 14 Motion for Extension of Time to File Defendant's motion for summary judgment. The deadline for Defendant's motion for summary judgment and Vaughn Index shall be extended until January 19, 2022. Signed by Judge Amit P. Mehta on 1/7/2022. (lcapm1) (Entered: 01/07/2022)
2022-01-1915MOTION for Summary Judgment by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1 - Graves Declaration and Attachments A to H, # 4 Text of Proposed Order)(Schaefer, Daniel) (Entered: 01/19/2022)
2022-02-1816Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendant's Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts by PUBLIC CITIZEN. (Attachments: # 1 Declaration of Adam R. Pulver and Exhibits, # 2 Declaration of Wendy Liu and Exhibits, # 3 Text of Proposed Order)(Liu, Wendy) (Attachment 1 replaced on 2/22/2022) (rj). Modified on 2/22/2022 to flatten pdf(rj). (Entered: 02/18/2022)
2022-02-1817Memorandum in opposition to re 15 MOTION for Summary Judgment with Response to Defendant's Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts filed by PUBLIC CITIZEN. (Attachments: # 1 Declaration of Adam R. Pulver and Exhibits, # 2 Declaration of Wendy Liu and Exhibits, # 3 Text of Proposed Order)(Liu, Wendy) (Attachment 1 replaced on 2/22/2022) (rj). Modified on 2/22/2022 to flatten pdf (rj). (Entered: 02/18/2022)
2022-03-1818Consent MOTION for Extension of Time to File Reply and Cross-Opposition by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/18/2022)
2022-03-1919ORDER granting 18 Motion for Extension of Time to File Reply and Cross-Opposition. The briefing schedule for the parties' cross-motions is amended as follows: Defendant shall file its reply and cross-opposition on or before March 21, 2022; Plaintiff shall file its cross-reply on or before April 19, 2022. See attached Order for additional details. Signed by Judge Amit P. Mehta on 3/19/2022. (lcapm1) (lcda) (Entered: 03/19/2022)
2022-03-2120REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Defendant's Response to Plaintiff's Counter-Statement of Facts, # 2 Exhibit 2)(Schaefer, Daniel) (Entered: 03/21/2022)
2022-03-2121Memorandum in opposition to re 16 Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendant's Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts filed by U.S. DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Defendant's Response to Plaintiff's Counter-Statement of Facts, # 2 Exhibit 2)(Schaefer, Daniel) (Entered: 03/21/2022)
2022-04-1922REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment with Memorandum of Law in Support, Response to Defendant's Statement of Facts and Plaintiff's Cross-Statement of Undisputed Material Facts filed by PUBLIC CITIZEN. (Liu, Wendy) (Entered: 04/19/2022)
2022-05-2523MOTION for Status Conference by PUBLIC CITIZEN. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) Modified event on 5/26/2022 (znmw). (Entered: 05/25/2022)
2022-05-26MINUTE ORDER granting Plaintiff's 23 Motion for a Status Conference. The parties shall appear for a remote status conference on June 3, 2022, at 9:30 a.m. Signed by Judge Amit P. Mehta on 5/26/2022. (lcapm1) (Entered: 05/26/2022)
2022-06-03Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held via videoconference on 6/3/2022. Joint Status Report due by 6/17/2022. (Court Reporter: William Zaremba) (zjd) (Entered: 06/03/2022)
2022-06-1724Joint STATUS REPORT by PUBLIC CITIZEN. (Liu, Wendy) (Entered: 06/17/2022)
2022-08-0525MEMORANDUM OPINION re: Defendant's 15 Motion for Summary Judgment and Plaintiff's 16 Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 8/5/2022. (lcapm1) (Entered: 08/05/2022)
2022-08-0526ORDER: For the reasons stated in the court's 25 Memorandum Opinion, the court denies Defendant's 15 Motion for Summary Judgment and grants Plaintiff's 16 Motion for Summary Judgment. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 8/5/2022. (lcapm1) (Entered: 08/05/2022)
2022-08-1227Joint MOTION for Extension of Time to File by PUBLIC CITIZEN. (Attachments: # 1 Text of Proposed Order)(Liu, Wendy) (Entered: 08/12/2022)
2022-08-14MINUTE ORDER granting 27 Joint Motion for Extension of Time to File. The following schedule shall govern further proceedings in this matter: (1) Plaintiff may move for an award of attorney fees and costs on or before October 18, 2022; (2) Defendant's response to Plaintiff's motion for an award of attorney fees and costs is due 30 days following Plaintiff's motion for fees and costs; and (3) Plaintiff's reply in further support of its motion for fees and costs is due 15 days following Defendant's response to Plaintiff's motion for fees and costs. Signed by Judge Amit P. Mehta on 8/14/2022. (lcapm1) (Entered: 08/14/2022)
2022-08-14Set/Reset Deadlines: Motions due by 10/18/2022. (zjch, ) (Entered: 08/15/2022)
2022-08-2928NOTICE of Appearance by Allison Marcy Zieve on behalf of PUBLIC CITIZEN (Zieve, Allison) (Entered: 08/29/2022)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar