Skip to content

Case Detail

[Subscribe to updates]
Case TitleENVIRONMENTAL WORKING GROUP v. FOOD SAFETY AND INSPECTION SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03806
Date Filed2023-12-22
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffENVIRONMENTAL WORKING GROUP
Case DescriptionEnvironmental Working Group submitted a FOIA request to the Food Safety and Inspection Service for records concerning communications between the agency and Tyson Foods pertaining to claims made about its Brazen Beef brand. The agency acknowledged receipt of the request. The agency withheld records under Exemption 4 (commercial and confidential). EWG filed an administrative appeal of the denial. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EWG filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFOOD SAFETY AND INSPECTION SERVICE
DefendantUNITED STATES DEPARTMENT OF AGRICULTURE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-221COMPLAINT against FOOD SAFETY AND INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE ( Filing fee $ 405 receipt number ADCDC-10577895) filed by ENVIRONMENTAL WORKING GROUP. (Attachments: # 1 Exhibit Ex. A FOIA Request, # 2 Exhibit Ex. B FSIS Final Response, # 3 Exhibit Ex. C Records, # 4 Exhibit Ex. D FOIA Appeal, # 5 Exhibit Ex. E FOIA Appeal Acknowledgment, # 6 Civil Cover Sheet Civil Cover Sheet, # 7 Summons Summons - Att'y General, # 8 Summons Summons -DIst. Att'y, # 9 Summons Summons - FSIS, # 10 Summons Summons - USDA)(Apfel, Carrie) (Entered: 12/22/2023)
2023-12-222ENTERED IN ERROR.....LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL WORKING GROUP (Apfel, Carrie) Modified on 12/26/2023 (zsl). (Entered: 12/22/2023)
2023-12-26NOTICE OF ERROR re 1 Complaint, 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE; emailed to capfel@earthjustice.org, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) (Entered: 12/26/2023)
2023-12-263CIVIL COVER SHEET by ENVIRONMENTAL WORKING GROUP filed by ENVIRONMENTAL WORKING GROUP.(Apfel, Carrie) (Entered: 12/26/2023)
2023-12-264LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ENVIRONMENTAL WORKING GROUP (Apfel, Carrie) (Entered: 12/26/2023)
2023-12-265MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Stein, Filing fee $ 100, receipt number ADCDC-10581891. Fee Status: Fee Paid. by ENVIRONMENTAL WORKING GROUP. (Attachments: # 1 Declaration Declaration, # 2 Exhibit Certificate of Good Standing)(Apfel, Carrie) (Entered: 12/26/2023)
2023-12-26Case Assigned to Judge Amit P. Mehta. (zsl) (Entered: 12/26/2023)
2023-12-26NOTICE OF ERROR regarding 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Stein, Filing fee $ 100, receipt number ADCDC-10581891. Fee Status: Fee Paid. The following error(s) need correction: Declaration must have an original, ink signature. Please refile using the event Declaration. (mg) (Entered: 12/26/2023)
2024-01-106DECLARATION by ENVIRONMENTAL WORKING GROUP re 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey Stein, Filing fee $ 100, receipt number ADCDC-10581891. Fee Status: Fee Paid.. (Apfel, Carrie) (Entered: 01/10/2024)
2024-02-13MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Jeffrey Stein is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Amit P. Mehta on 02/13/2024. (lcapm3) (Entered: 02/13/2024)
2024-02-277REQUEST FOR SUMMONS TO ISSUE filed by ENVIRONMENTAL WORKING GROUP. Related document: 1 Complaint,, filed by ENVIRONMENTAL WORKING GROUP. (Attachments: # 1 Summons Summons-FOIA - Dist Att'y, # 2 Summons Summons-FOIA - FSIS, # 3 Summons Summons-FOIA - USDA)(Apfel, Carrie) (Entered: 02/27/2024)
2024-02-278SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 02/27/2024)
2024-03-059RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/01/2024. (Apfel, Carrie) (Entered: 03/05/2024)
2024-03-0510RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 3/4/2024 (Apfel, Carrie) (Entered: 03/05/2024)
2024-03-0511RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD SAFETY AND INSPECTION SERVICE served on 2/29/2024 (Apfel, Carrie) (Entered: 03/05/2024)
2024-03-0512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/1/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/31/2024. (Apfel, Carrie) (Entered: 03/05/2024)
2024-03-2113NOTICE of Appearance by Sian Jones on behalf of FOOD SAFETY AND INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE (Jones, Sian) (Entered: 03/21/2024)
2024-04-0114ANSWER to Complaint by FOOD SAFETY AND INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE.(Jones, Sian) (Entered: 04/01/2024)
2024-04-0415ORDER. 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 April 18, 2024. 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 for 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. Signed by Judge Amit P. Mehta on 04/04/2024. (lcapm3) (Entered: 04/04/2024)
2024-04-05Set/Reset Deadlines: Meet and Confer and file a Joint Status Report by 4/18/2024. (znbn) (Entered: 04/05/2024)
2024-04-0516NOTICE of Appearance by Jeffrey Stein on behalf of All Plaintiffs (Stein, Jeffrey) (Entered: 04/05/2024)
2024-04-1817Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 04/18/2024)
2024-04-19MINUTE ORDER. The parties shall file an additional Joint Status Report on or before May 17, 2024, which advises whether Defendants in fact withheld any responsive records pursuant to Exemption 4. If there remains a dispute about the invocation of Exemption 4, the parties shall propose a schedule for further proceedings. Signed by Judge Amit P. Mehta on 04/19/2024. (lcapm3) (Entered: 04/19/2024)
2024-04-30Set/Reset Deadlines: Status Report due by 5/17/2024 (zglw) (Entered: 04/30/2024)
2024-05-1718Joint STATUS REPORT by FOOD SAFETY AND INSPECTION SERVICE, UNITED STATES DEPARTMENT OF AGRICULTURE. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 05/17/2024)
2024-05-2019ORDER entering the briefing schedule proposed in the parties 18 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1)Plaintiff's Motion for Summary Judgment is due on or before June 26, 2024; (2) Defendants' Opposition to Plaintiff's Motion and any Cross-Motion for Summary Judgment is due on or before July 19, 2024; (3) Plaintiff's Reply in Support of Summary Judgment and Opposition to any Cross-Motion for Summary Judgment is due on or before August 14, 2024; and (4) Defendants' Reply in Support of any Cross-Motion for Summary Judgment is due on or before September 5, 2024. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 05/18/2024. (lcapm3) Modified to correct date signed on 5/20/2024 (smc). (Entered: 05/20/2024)
2024-05-20Set/Reset Deadlines: Summary Judgment motions due by 6/26/2024. Opposition and Cross Motions due by 7/19/2024. Reply and Response to Cross Motions due by 8/14/2024. Reply to Cross Motions due by 9/5/2024. (smc) (Entered: 05/20/2024)
2024-06-2620MOTION for Summary Judgment by ENVIRONMENTAL WORKING GROUP. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 2 Text of Proposed Order, # 3 Statement of Facts Pursuant to Local Rule 7(h)(1), # 4 Declaration of Carrie Apfel, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G)(Apfel, Carrie) (Entered: 06/26/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar