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Case TitleCORNUCOPIA INSTITUTE v. AGRICULTURAL MARKETING SERVICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00946
Date Filed2016-05-19
Date Closed2019-04-23
JudgeJudge Amy Berman Jackson
PlaintiffCORNUCOPIA INSTITUTE
Case DescriptionThe Cornucopia Institute submitted a FOIA request to the Agricultural Marketing Service for records concerning Redland Dairy. The agency acknowledged receipt of the request and asked for a clarification. The Cornucopia Institute clarified the type of records it was seeking. The agency told the Cornucopia Institute that it might need to provide predisclosure notification to businesses identified in the records. The Cornucopia Institute then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantAGRICULTURAL MARKETING 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

2016-05-191COMPLAINT against AGRICULTURAL MARKETING SERVICE ( Filing fee $ 400 receipt number 0090-4534981) filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sorenson, C.) (Entered: 05/19/2016)
2016-05-19Case Assigned to Judge Amy Berman Jackson. (dr) (Entered: 05/19/2016)
2016-05-192SUMMONS (3) Issued Electronically as to AGRICULTURAL MARKETING SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(dr) (Entered: 05/19/2016)
2016-06-023NOTICE of Appearance by Daniel J. Stotter on behalf of CORNUCOPIA INSTITUTE (Stotter, Daniel) (Entered: 06/02/2016)
2016-06-094NOTICE of Appearance by Patricia K. McBride on behalf of AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 06/09/2016)
2016-06-245Unopposed MOTION for Extension of Time to August 22, 2016 by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 06/24/2016)
2016-06-27MINUTE ORDER granting defendant's 5 unopposed motion for an extension of time to answer. Defendant shall answer or otherwise respond to the complaint by August 22, 2016. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/27/2016. (lcabj3) (Entered: 06/27/2016)
2016-08-196ANSWER to Complaint by AGRICULTURAL MARKETING SERVICE.(McBride, Patricia) (Entered: 08/19/2016)
2016-08-227ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before September 19, 2016. Signed by Judge Amy Berman Jackson on 8/22/2016. (lcabj3) (Entered: 08/22/2016)
2016-09-078MOTION for Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 09/07/2016)
2016-09-07MINUTE ORDER granting the parties' 8 consent motion for a briefing schedule. Defendant's motion for summary judgment shall be filed by November 7, 2016. Plaintiff's opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by December 19, 2016. Defendant's reply, combined with its opposition, and supported by a single memorandum of points and authorities, shall be filed by January 19, 2017. Plaintiff's cross-reply shall be filed by February 10, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/7/2016. (lcabj3) (Entered: 09/07/2016)
2016-11-039Unopposed MOTION for Extension of Time to File MSJ by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 11/03/2016)
2016-11-04MINUTE ORDER granting defendant's 9 unopposed motion for an extension of time. Defendant's motion for summary judgment shall be filed by December 19, 2016. Plaintiff's opposition, combined with any cross-motion and supported by a single memorandum of points and authorities, shall be filed by January 12, 2017. Defendant's reply in support of its motion, combined with any cross-opposition and supported by a single memorandum, shall be filed by February 9, 2017. And plaintiff's cross-reply, if necessary, shall be filed by March 9, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/4/2016. (lcabj3) (Entered: 11/04/2016)
2016-12-1910MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Declaration Bridges Decl, # 2 Exhibit Redland Dairy, # 3 Declaration Vaughn Index, # 4 Declaration Michaels Decl)(McBride, Patricia) (Entered: 12/19/2016)
2017-01-0411Consent MOTION for Extension of Time to File Response/Reply and to Modify Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/04/2017)
2017-01-05MINUTE ORDER granting 11 plaintiff's consent motion for an extension of time. Plaintiff's opposition to the motion for summary judgment, combined with any cross-motion, shall be filed by January 26, 2017. Defendant's reply in support of its motion, combined with any cross-opposition, shall be filed by February 23, 2017. And plaintiff's cross-reply, if necessary, shall be due by March 23, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/5/2017.(lcabj3) (Entered: 01/05/2017)
2017-01-1912Consent MOTION for Extension of Time to File Response/Reply and Modify Briefing Schedule by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/19/2017)
2017-01-20MINUTE ORDER granting plaintiff's 12 unopposed motion for an extension of time. Plaintiff's opposition to the motion for summary judgment, combined with any cross-motion, shall be filed by February 13, 2017. Defendant's reply in support of its motion, combined with any opposition to plaintiff's cross-motion, shall be filed by March 14, 2017. Plaintiff's cross-reply, if necessary, shall be filed by April 10, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/20/2017. (lcabj3) (Entered: 01/20/2017)
2017-02-1113Consent MOTION to Stay by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Stotter, Daniel) (Entered: 02/11/2017)
2017-02-13MINUTE ORDER granting 13 Motion to Stay. This case is hereby STAYED until April 14, 2017. The parties are ORDERED to file a joint status report informing the Court as to the status of this action by April 14, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/13/2017. (lcabj2) (Entered: 02/13/2017)
2017-04-1114MEET AND CONFER STATEMENT. (McBride, Patricia) (Entered: 04/11/2017)
2017-04-12MINUTE ORDER. The parties shall file a further joint status report by June 15, 2017. This matter remains STAYED pending further order of the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/12/2017. (lcabj3) (Entered: 04/12/2017)
2017-06-1515PROPOSED BRIEFING SCHEDULE by AGRICULTURAL MARKETING SERVICE. (McBride, Patricia) (Entered: 06/15/2017)
2017-06-15MINUTE ORDER. Defendant's motion for summary judgment shall be filed by September 12, 2017. Plaintiff's opposition, combined with any cross motion and supported by a single memorandum of points and authorities, shall be filed by October 16, 2017. Defendant's reply, combined with any cross-opposition and supported by a single memorandum of points and authorities, shall be filed by November 17, 2017. And plaintiff's cross-reply, if necessary, shall be filed by December 18, 2017. This matter is no longer stayed. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/15/2017. (lcabj3) (Entered: 06/15/2017)
2017-06-15MINUTE ORDER. In light of the new briefing schedule and the narrowing of the issues in this case, defendant's 10 motion for summary judgment is denied without prejudice as moot. SO ORDERED. Signed by Judge Amy Berman Jackson on 6/15/2017. (lcabj3) (Entered: 06/15/2017)
2017-09-1116WITHDRAWN PURSUANT TO NOTICE FILED 09/12/17.....MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Declaration Bridges Declaration, # 2 Exhibit Redland Exhibits)(McBride, Patricia) Modified on 9/13/2017 (jth). (Entered: 09/11/2017)
2017-09-1217NOTICE OF WITHDRAWAL OF MOTION by AGRICULTURAL MARKETING SERVICE re 16 MOTION for Summary Judgment (McBride, Patricia) (Entered: 09/12/2017)
2017-09-12MINUTE ORDER. In light of the 17 notice, defendant shall file its revised motion for summary judgment by September 12, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 9/12/2017. (lcabj3) (Entered: 09/12/2017)
2017-09-1218MOTION for Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Supplement Vaughn Index, # 2 Declaration Michael Declaration, # 3 Declaration Bridges Declaration, # 4 Exhibit Exhibits to Bridges Decl)(McBride, Patricia) (Entered: 09/12/2017)
2017-10-1619Cross MOTION for Summary Judgment & Memorandum of Points & Authorities by CORNUCOPIA INSTITUTE (Attachments: # 1 Statement of Facts, # 2 Declaration of Daniel Stotter & Exhibits A - D, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/16/2017)
2017-10-1620RESPONSE re 18 MOTION for Summary Judgment filed by CORNUCOPIA INSTITUTE. (Attachments: # 1 Statement of Facts, # 2 Declaration of Daniel Stotter & Exhibits A - D, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 10/16/2017)
2017-11-1421Unopposed MOTION for Extension of Time to File Defendant's Reply and Opposition to Plaintiff's Cross Motion For Summary Judgement, Filed by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 11/14/2017)
2017-11-15MINUTE ORDER granting defendant's 21 unopposed motion for an extension of time. Defendant shall file its combined reply and opposition to plaintiff's cross motion for summary judgment by December 19, 2017. Plaintiff's cross-reply will be due January 19, 2018. Signed by Judge Amy Berman Jackson on 11/15/2017. (lcabj3) (Entered: 11/15/2017)
2017-12-1322Consent MOTION for Extension of Time to Provide Additional Documents to Plaintiff and Propose an Updated Briefing Schedule by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 12/13/2017)
2017-12-14MINUTE ORDER granting 22 defendant's consent motion for an extension of time. The parties shall file a joint status report on January 31, 2018, with an adjusted briefing schedule. Signed by Judge Amy Berman Jackson on 12/14/2017. (lcabj3) (Entered: 12/14/2017)
2018-01-3123Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (McBride, Patricia) (Entered: 01/31/2018)
2018-02-02MINUTE ORDER. The Court will update the briefing schedule as follows: defendant must file its opposition and reply by March 30, 2018; plaintiff must file its reply by April 30, 2018. Signed by Judge Amy Berman Jackson on 02/02/2018. (lcabj3) (Entered: 02/02/2018)
2018-03-3024Unopposed MOTION for Extension of Time to File Defendant's Reply in Support for Motion Summary Judgment by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 03/30/2018)
2018-04-03MINUTE ORDER granting defendant's 24 unopposed motion for an extension of time. Defendant shall file its combined reply and opposition to plaintiff's cross motion for summary judgment by April 20, 2018. Plaintiff's cross-reply will be due May 25, 2018. (lcabj3) (Entered: 04/03/2018)
2018-04-1325Joint MOTION for Extension of Time by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) Modified on 4/16/2018 to correct docket event/text (jf). (Entered: 04/13/2018)
2018-04-16MINUTE ORDER granting 25 Motion to Stay. The case is stayed until June 20, 2018, at which point the parties must file a joint status report. Signed by Judge Amy Berman Jackson on 04/16/2018. (lcabj3) (Entered: 04/16/2018)
2018-06-1826JOINT STATUS REPORT. (McBride, Patricia) Modified on 6/19/2018 to correct docket event/text (jf). (Entered: 06/18/2018)
2018-06-19NOTICE OF ERROR re 26 Meet and Confer Statement; emailed to patricia.mcbride@usdoj.gov, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. PLEASE DO NOT REFILE- use the search feature on the blue bar to locate an event (zjf, ) (Entered: 06/19/2018)
2018-06-19MINUTE ORDER. The parties must submit another joint status report by July 26, 2018. Signed by Judge Amy Berman Jackson on 06/19/2018. (lcabj3) (Entered: 06/19/2018)
2018-07-2527JOINT STATUS REPORT. (McBride, Patricia) Modified on 7/27/2018 to correct docket event/text (jf). (Entered: 07/25/2018)
2018-08-13MINUTE ORDER. The parties must file an updated status report by September 26, 2018 to either inform the Court of the resolution of attorney's fees and costs or to propose a briefing schedule. In light of the parties' representations that all the substantive issues have been resolved, the parties must also address in their next status report whether the Court should deny as moot the pending motions for summary judgment. See Dkt. # 18; Dkt. # 19. Signed by Judge Amy Berman Jackson on 08/13/2018. (lcabj3) (Entered: 08/13/2018)
2018-09-2028JOINT STATUS REPORT. (McBride, Patricia) Modified on 9/20/2018 to correct docket event/text (jf). (Entered: 09/20/2018)
2018-09-21MINUTE ORDER. The stay in this case is hereby lifted. In light of the parties joint status report 28 , the Court will deny the pending motions for summary judgment as moot. The parties must submit an updated joint status report by October 26, 2018. Signed by Judge Amy Berman Jackson on 09/21/2018. (lcabj3) (Entered: 09/21/2018)
2018-10-2529Joint STATUS REPORT by AGRICULTURAL MARKETING SERVICE. (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 10/25/2018)
2018-10-26MINUTE ORDER. In light of the parties' joint status report 29 , the Court adopts the following briefing schedule: plaintiff must file its fee motion by January 30, 2019; defendant must file its opposition by February 28, 2019; and plaintiff must file its reply by March 22, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/26/2018. (lcabj3) (Entered: 10/26/2018)
2019-01-3030MOTION for Attorney Fees by CORNUCOPIA INSTITUTE (Attachments: # 1 Memorandum in Support, # 2 Declaration of Daniel Stotter and Exhibits A - G, # 3 Declaration of Will Fantle, # 4 Declaration of Peteof Peter Sorenson and Exhibits A - B, # 5 Declaration of Sean Malone and Exhibit A, # 6 Text of Proposed Order)(Stotter, Daniel) (Entered: 01/30/2019)
2019-02-2631Unopposed MOTION for Extension of Time to by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 02/26/2019)
2019-02-26MINUTE ORDER granting 31 Motion for Extension of Time. Defendant's opposition to plaintiff's motion for attorneys' fees must be filed by March 28, 2019. Plaintiff's reply is now due April 19, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 02/26/2019. (lcabj3) (Entered: 02/26/2019)
2019-03-0532AFFIDAVIT Second Declaration of Daniel J. Stotter & Exhibits H - I by CORNUCOPIA INSTITUTE. (Stotter, Daniel) (Entered: 03/05/2019)
2019-03-2833Unopposed MOTION for Extension of Time to by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 03/28/2019)
2019-04-01MINUTE ORDER granting 33 Motion for Extension of Time. Defendant's opposition to plaintiff's motion for attorneys' fees must be filed by April 11, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/01/2019. (lcabj3) (Entered: 04/01/2019)
2019-04-1134Unopposed MOTION for Extension of Time to file Opposition to Plaintiff's Request for Attorney's Fees by AGRICULTURAL MARKETING SERVICE (Attachments: # 1 Text of Proposed Order)(McBride, Patricia) (Entered: 04/11/2019)
2019-04-16MINUTE ORDER granting 34 Motion for Extension of Time. Defendant must file its opposition the motion for attorneys' fees by April 18, 2019. Plaintiff must file its reply by May 21, 2019. SO ORDERED. Signed by Judge Amy Berman Jackson on 04/16/2019. (lcabj3) (Entered: 04/16/2019)
2019-04-1835Consent MOTION for Extension of Time to file the Parties' Stipulation of Settlement Agreement by AGRICULTURAL MARKETING SERVICE (McBride, Patricia) (Entered: 04/18/2019)
2019-04-2236STIPULATION of Dismissal and Settlement by AGRICULTURAL MARKETING SERVICE. (Graham-Oliver, Heather) (Entered: 04/22/2019)
2019-04-2337STIPULATION OF SETTLEMENT AND DISMISSAL. (see the document for complete details). Signed by Judge Amy Berman Jackson on 4/23/2019. (jth) (Entered: 04/23/2019)
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