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Case TitleCENTER FOR FOOD SAFETY v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2014cv00398
Date Filed2014-03-12
Date Closed2016-02-22
JudgeJudge Beryl A. Howell
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the Animal and Plant Health Inspection Service concerning its decision to deregulate Roundup Ready Alfalfa, a genetically-engineered product. APHIS acknowledged receipt of the Center's request and subsequently asked for an extension to process the request. While its request was pending, CFS filed a complaint in the Northern District of California challenging the agency's decision to deregulate Roundup Ready Alfalfa. The district court ruled in favor of the government, a decision that was upheld on appeal to the Ninth Circuit. APHIS completed its response to CFS's FOIA request nearly a year and a half after it was filed. The agency identified 3699 responsive records. The agency withheld 1179 records entirely under Exemption 5 (privileges) and disclosed 2520 records on a USB drive. CFS filed an administrative appeal, but despite numerous attempts to determine the status of its appeal, CFS finally decided to file suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantANIMAL AND PLANT HEALTH INSPECTION SERVICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-03-121COMPLAINT against ANIMAL AND PLANT HEALTH INSPECTION SERVICE ( Filing fee $ 400 receipt number 0090-3650557) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Solen, Donna) (Entered: 03/12/2014)
2014-03-122LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Solen, Donna) (Entered: 03/12/2014)
2014-03-12Case Assigned to Judge Beryl A. Howell. (kb) (Entered: 03/14/2014)
2014-03-143ELECTRONIC SUMMONS (3) Issued as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Consent Form, # 2 Notice of Consent)(kb) (Entered: 03/14/2014)
2014-03-144MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sylvia Shih-Yau Wu, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Floor, San Francisco, CA 94111. Phone No. - 4158262770. Fax No. - 4158260507 by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Solen, Donna) (Entered: 03/14/2014)
2014-03-145MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cristina R. Stella, :Firm- Center for Food Safety, :Address- 303 Sacramento St., 2nd Floor, San Francisco, CA 94111. Phone No. - 4158262770. Fax No. - 4158260507 by CENTER FOR FOOD SAFETY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Solen, Donna) (Entered: 03/14/2014)
2014-03-14MINUTE ORDER (paperless) GRANTING the plaintiff's 4 and 5 Motions for Admission of Attorneys Pro Hac Vice . Ms. Sylvia Shih-Yau Wu, Esq., and Ms. Cristina R. Stella, Esq., may enter appearances pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on March 14, 2014. (lcbah1) (Entered: 03/14/2014)
2014-03-176STANDING ORDER. Signed by Judge Beryl A. Howell on March 17, 2014. (lcbah2) (Entered: 03/17/2014)
2014-04-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/21/2014. Answer due for ALL FEDERAL DEFENDANTS by 4/20/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL AND PLANT HEALTH INSPECTION SERVICE served on 3/17/2014, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/21/2014 . (Attachments: # 1 Exhibit A)(Stella, Cristina) Modified on 4/14/2014 to add service dates for United States Attorney General and ANIMAL AND PLANT HEALTH INSPECTION SERVICE(rdj). (Entered: 04/11/2014)
2014-04-218Consent MOTION for Extension of Time to Move, Answer or Otherwise Respond to the Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 04/21/2014)
2014-04-22MINUTE ORDER (paperless) GRANTING the defendant's 8 Consent Motion for Enlargement of Time nunc pro tunc. Accordingly, the defendant shall, by July 21, 2014, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on April 22, 2014. (lcbah2) (Entered: 04/22/2014)
2014-04-22Set/Reset Deadlines: Answer to the Complaint due by 7/21/2014. (tg, ) (Entered: 04/22/2014)
2014-05-219STATUS REPORT (First) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 05/21/2014)
2014-06-2010STATUS REPORT (Defendant's Second Status Report) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 06/20/2014)
2014-07-1811MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 07/18/2014)
2014-07-2112Memorandum in opposition to re 11 MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Text of Proposed Order)(Solen, Donna) (Entered: 07/21/2014)
2014-07-21MINUTE ORDER (paperless) GRANTING IN PART AND DENYING IN PART the defendant's 11 Motion for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint. Accordingly, in light of the plaintiff's Opposition 12 , the defendant shall, by October 19, 2014, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on July 21, 2014. (lcbah3) (Entered: 07/21/2014)
2014-07-2113REPLY to opposition to motion re 11 MOTION for Extension of Time to Move, Answer or Otherwise Respond to Plaintiff's Complaint filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 07/21/2014)
2014-07-22Set/Reset Deadlines: Answer to the Complaint due by 10/19/2014. (tg, ) (Entered: 07/22/2014)
2014-10-1714ANSWER to Complaint by ANIMAL AND PLANT HEALTH INSPECTION SERVICE.(Borum, Marian) (Entered: 10/17/2014)
2014-10-3115MOTION for Extension of Time to File Joint Report by CENTER FOR FOOD SAFETY (Attachments: # 1 Text of Proposed Order)(Solen, Donna) (Entered: 10/31/2014)
2014-11-0416NOTICE to the Court by ANIMAL AND PLANT HEALTH INSPECTION SERVICE re 15 MOTION for Extension of Time to File Joint Report (Borum, Marian) (Entered: 11/04/2014)
2014-11-04MINUTE ORDER (paperless) GRANTING the plaintiff's 15 Motion for Enlargement of Time to File Joint Report, in light of the defendant's 16 Notice of consent to this extension. Accordingly, the parties shall file a joint status report pursuant to the Court's 6 Standing Order by November 7, 2014. Signed by Judge Beryl A. Howell on November 4, 2014. (lcbah3) (Entered: 11/04/2014)
2014-11-05Set/Reset Deadlines: Joint Status Report due by 11/7/2014. (tg, ) (Entered: 11/05/2014)
2014-11-0517STATUS REPORT (Joint) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 11/05/2014)
2014-11-0518Joint MOTION for Extension of Time to File Proposed Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 11/05/2014)
2014-11-06MINUTE ORDER (paperless) GRANTING the parties' 18 Joint Motion for Extension of Time to File Proposed Briefing Schedule. Accordingly, the parties shall submit a proposed briefing schedule by December 9, 2014. Signed by Judge Beryl A. Howell on November 6, 2014. (lcbah3) (Entered: 11/06/2014)
2014-11-06Set/Reset Deadlines: Proposed Briefing Schedule due by 12/9/2014. (tg, ) (Entered: 11/06/2014)
2014-12-0319Joint MOTION for Extension of Time to File Proposed Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 12/03/2014)
2014-12-0420MINUTE ORDER (paperless) GRANTING the plaintiff's 19 Joint Motion for Enlargement of Time to file proposed Briefing Schedule. Accordingly, the parties shall submit a proposed schedule to control the timing of proceedings in this matter by January 8, 2015. Signed by Judge Beryl A. Howell on December 4, 2014. (lcbah3) (Entered: 12/04/2014)
2014-12-04Set/Reset Deadlines: Joint Proposed Schedule due by 1/8/2015. (tg, ) (Entered: 12/04/2014)
2015-01-0721Joint MOTION for Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 01/07/2015)
2015-01-07MINUTE ORDER (paperless) GRANTING the parties' 21 Joint Motion for Briefing Schedule and ISSUING the following SCHEDULING ORDER, to control the timing of proceedings in this matter: by March 2, 2015, the defendant shall file any motion for summary judgment; by March 30, 2015, the plaintiff shall file any opposition; and by April 16, 2015, the defendant shall file any reply. Signed by Judge Beryl A. Howell on January 7, 2015. (lcbah3) (Entered: 01/07/2015)
2015-01-08Set/Reset Deadlines: Summary Judgment motion due by 3/2/2015; Opposition to Motion for Summary Judgment due by 3/30/2015; Reply due by 4/16/2015. (tg, ) (Entered: 01/08/2015)
2015-02-2322Joint MOTION to Amend/Correct Briefing Schedule by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 02/23/2015)
2015-02-23MINUTE ORDER (paperless) GRANTING the parties' 22 Joint Motion to Amend Briefing Schedule and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by February 27, 2015, the defendant shall release its Vaughn Index to the plaintiff; by March 31, 2015, the parties shall file their meet and confer statement; and by April 10, 2015, the parties shall file a Joint Status Report informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern future proceedings in this matter. Signed by Judge Beryl A. Howell on February 23, 2015. (lcbah3) (Entered: 02/23/2015)
2015-02-24Set/Reset Deadlines: Vaughn Index due by 2/27/2015; Meet & Confer Statement due by 3/31/2015; Joint Status Report due by 4/10/2015. (tg, ) (Entered: 02/24/2015)
2015-03-2723MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Wu, Sylvia) (Entered: 03/27/2015)
2015-03-2724Joint MOTION for Extension of Time to File Joint Status Report by CENTER FOR FOOD SAFETY (Attachments: # 1 Text of Proposed Order)(Wu, Sylvia) (Entered: 03/27/2015)
2015-04-06MINUTE ORDER (paperless) GRANTING the parties' 24 Joint Motion for Enlargement of Time to File Joint Report. Accordingly, the parties shall file their Joint Status Report, by May 4, 2015, informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern future proceedings in this matter. Signed by Judge Beryl A. Howell on April 6, 2015. (lcbah3) (Entered: 04/06/2015)
2015-04-06Set/Reset Deadlines: Joint Status Report due by 5/4/2015 (tg, ) (Entered: 04/06/2015)
2015-04-1025NOTICE of Appearance by Peter T. Jenkins on behalf of CENTER FOR FOOD SAFETY (Jenkins, Peter) (Entered: 04/10/2015)
2015-04-1326NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Donna F. Solen terminated. (Solen, Donna) (Entered: 04/13/2015)
2015-05-0127STATUS REPORT (Joint) by CENTER FOR FOOD SAFETY. (Wu, Sylvia) (Entered: 05/01/2015)
2015-05-04MINUTE ORDER (paperless) GRANTING the parties' 27 Joint Motion for Enlargement of Time to File Joint Report and AMENDING the SCHEDULING ORDER to control the timing of proceedings in this matter as follows: by May 11, 2015, the plaintiff shall provide the defendant with a final list of documents and legal issues still in dispute in this case; and by June 5, 2015, the parties shall file their Joint Status Report informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern future proceedings in this matter. Signed by Judge Beryl A. Howell on May 4, 2015. (lcbah3) (Entered: 05/04/2015)
2015-05-04Set/Reset Deadlines: Plaintiff to provide Defendant with a list of documents and legal issues still in dispute by 5/11/2015; Joint tatus Report due by 6/5/2015 (tg, ) (Entered: 05/04/2015)
2015-06-0528STATUS REPORT (Joint) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 06/05/2015)
2015-06-08MINUTE ORDER (paperless) DIRECTING the parties, by August 17, 2015, to file a Joint Status Report proposing a schedule to govern future proceedings in this matter. Signed by Judge Beryl A. Howell on June 8, 2015. (lcbah3) (Entered: 06/08/2015)
2015-06-08Set/Reset Deadlines: Joint Status Report due by 8/17/2015. (tg) (Entered: 06/08/2015)
2015-08-1729STATUS REPORT (Joint) by CENTER FOR FOOD SAFETY. (Wu, Sylvia) (Entered: 08/17/2015)
2015-08-18MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 29 Joint Status Report, to file, by September 14, 2015, a Joint Status Report proposing a schedule to govern future proceedings in this matter. Signed by Judge Beryl A. Howell on August 18, 2015. (lcbah3) (Entered: 08/18/2015)
2015-08-18Set/Reset Deadlines: Joint Status Report due by 9/14/2015. (tg) (Entered: 08/18/2015)
2015-09-1430Joint STATUS REPORT by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 09/14/2015)
2015-09-15MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 30 Joint Status Report, the parties to file, by October 26, 2015, a Joint Status Report informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern future proceedings in this matter. Signed by Judge Beryl A. Howell on September 15, 2015. (lcbah3) (Entered: 09/15/2015)
2015-09-15Set/Reset Deadlines: Joint Status Report due by 10/26/2015. (tg) (Entered: 09/15/2015)
2015-10-2631Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Wu, Sylvia) (Entered: 10/26/2015)
2015-10-27MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 31 Joint Status Report, the parties, by November 16, 2015, to file a Joint Status Report informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on October 27, 2015. (lcbah3) (Entered: 10/27/2015)
2015-10-27Set/Reset Deadlines: Joint Status Report due by 11/16/2015. (tg) (Entered: 10/27/2015)
2015-11-1632Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Wu, Sylvia) (Entered: 11/16/2015)
2015-11-17MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 32 Joint Status Report, the parties, by January 15, 2016, to file a Joint Status Report informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on November 17, 2015. (lcbah3) (Entered: 11/17/2015)
2016-01-1233Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Wu, Sylvia) (Entered: 01/12/2016)
2016-01-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 33 Joint Status Report, the parties, by February 1, 2016, to file a Joint Status Report informing the Court (1) whether all claims have been resolved and, if not, (2) proposing a schedule to govern further proceedings in this matter. Signed by Judge Beryl A. Howell on January 13, 2016. (lcbah3) (Entered: 01/13/2016)
2016-01-13Set/Reset Deadlines: Joint Status Report due by 2/1/2016. (tg) (Entered: 01/13/2016)
2016-02-0134NOTICE of Settlement in Principle by ANIMAL AND PLANT HEALTH INSPECTION SERVICE (Borum, Marian) (Entered: 02/01/2016)
2016-02-01MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 34 Notice of Settlement in Principle, the parties, by February 22, 2016, to file a joint status report proposing a schedule to govern further proceedings in this matter, unless a stipulation of dismissal is filed before that date. Signed by Judge Beryl A. Howell on February 1, 2016. (lcbah3) (Entered: 02/01/2016)
2016-02-02Set/Reset Deadlines: Joint Status Report due by 2/22/2016. (tg) (Entered: 02/02/2016)
2016-02-1935STIPULATION of Dismissal by ANIMAL AND PLANT HEALTH INSPECTION SERVICE. (Borum, Marian) (Entered: 02/19/2016)
2016-02-22MINUTE ORDER (paperless) directing the Clerk to close this case in light of the parties' 35 Stipulation of Settlement and Dismissal, filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Beryl A. Howell on February 22, 2016. (lcbah3) (Entered: 02/22/2016)
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