DISTRICT OF COLUMBIA et al v. U.S. DEPARTMENT OF AGRICULTURE et al
| DISTRICT OF COLUMBIA, STATE OF MINNESOTA, CITY OF NEW YORK, STATE OF MARYLAND, STATE OF CONNECTICUT, COMMONWEALTH OF PENNSYLVANIA, STATE OF NEW YORK, STATE OF VERMONT, COMMONWEALTH OF MASSACHUSETTS, Dana Nessel, STATE OF NEVADA, STATE OF RHODE ISLAND, STATE OF NEW JERSEY, STATE OF OREGON, COMMONWEALTH OF VIRGINIA and STATE OF CALIFORNIA |
| GEORGE E. PERDUE, III, UNITED STATES OF AMERICA and U.S. DEPARTMENT OF AGRICULTURE |
| 1:2020cv00119 |
| January 16, 2020 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 51 MEMORANDUM OPINION regarding state plaintiffs' #3 Motion for Preliminary Injunction or Stay Pending Judicial Review and private plaintiffs' Motion for Preliminary Injunction, see 20-cv-127, ECF No. 4. Signed by Chief Judge Beryl A. Howell on March 13, 2020. (lcbah2) |
Filing 50
ORDER GRANTING IN PART AND DENYING IN PART state plaintiffs' #3 Motion for Preliminary Injunction or Stay Pending Judicial Review and GRANTING private plaintiffs' Motion for Preliminary Injunction, see 20-cv-127, ECF No. 4. See Order for further details. Signed by Chief Judge Beryl A. Howell on March 13, 2020. (lcbah2)
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| Filing 49 NOTICE of Appearance by David Brunfeld on behalf of DISTRICT OF COLUMBIA (Brunfeld, David) |
| Filing 48 NOTICE of Appearance by Nicole Suzanne Hill on behalf of DISTRICT OF COLUMBIA (Hill, Nicole) |
| Filing 47 NOTICE of Appearance by Vikram Swaruup on behalf of DISTRICT OF COLUMBIA (Swaruup, Vikram) |
| Filing 46 NOTICE of Appearance by Kathleen M. Konopka on behalf of DISTRICT OF COLUMBIA (Konopka, Kathleen) |
| Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion Hearing held on 3/5/2020, regarding #3 Motion for Preliminary Injunction filed by DISTRICT OF COLUMBIA. (Court Reporter Elizabeth Saint-Loth.) (tg) |
| Filing 45 NOTICE of Appearance by Ali Patrick Afsharjavan on behalf of STATE OF MINNESOTA (Afsharjavan, Ali) |
| Filing 44 NOTICE of Appearance by Joel Marrero on behalf of STATE OF NEW YORK (Marrero, Joel) |
| Filing 43 NOTICE of Appearance by Toni L. Harris on behalf of DANA NESSEL (Harris, Toni) |
| Filing 42 AMICUS BRIEF by COMMONWEALTH OF KENTUCKY, STATE OF ALABAMA, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, State of Arizona. (zrdj) |
| Filing 41 NOTICE of Appearance by Anthony Roman Napolitano on behalf of State of Arizona (Napolitano, Anthony) |
| Filing 40 NOTICE of Appearance by Oramel H. Skinner on behalf of State of Arizona (Skinner, Oramel) |
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MINUTE ORDER (paperless) GRANTING #38 Motion of the State of Arizona for Leave to File Brief of Amici States in Support of Defendants and DIRECTING the Clerk of the Court to docket the Brief of Amici States, ECF No. 38-1. Signed by Chief Judge Beryl A. Howell on March 2, 2020. (lcbah2)
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| Filing 39 NOTICE of Appearance by Linley Wilson on behalf of State of Arizona (Wilson, Linley) |
| Filing 38 MOTION for Leave to File Amicus Brief by State of Arizona (Attachments: #1 Brief of Amici States of Arizona, Alabama, Arkansas, Georgia, Kentucky, Louisiana, Nebraska, South Carolina, and Texas)(Wilson, Linley) |
| Filing 37 AMICUS BRIEF by ALASKA POLICY FORUM, AMERICA WORKS, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, FOUNDATION FOR GOVERNMENT ACCOUNTABILITY, IDAHO FREEDOM FOUNDATION, JOHN LOCKE FOUNDATION, MACKINAC CENTER FOR PUBLIC POLICY, MAINE HERITAGE POLICY CENTER, MISSISSIPPI JUSTICE INSTITUTE, NEVADA POLICY RESEARCH INSTITUTE, OPPORTUNITY SOLUTIONS PROJECT, RIO GRANDE FOUNDATION, SECRETARIES INNOVATION GROUP. (zrdj) |
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MINUTE ORDER (paperless) GRANTING the #34 Motion of the Foundation for Government Accountability, et al. for Leave to File an Amici Curiae Brief in Support of Defendants and DIRECTING the Clerk of the Court to docket the Amici Curiae Brief of the Foundation for Government Accountability, et al., ECF No. 34-1. Signed by Chief Judge Beryl A. Howell on February 26, 2020. (lcbah2)
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| Filing 36 NOTICE of Appearance by Cameron Thomas Norris on behalf of ALASKA POLICY FORUM, AMERICA WORKS, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, FOUNDATION FOR GOVERNMENT ACCOUNTABILITY, IDAHO FREEDOM FOUNDATION, JOHN LOCKE FOUNDATION, MACKINAC CENTER FOR PUBLIC POLICY, MAINE HERITAGE POLICY CENTER, MISSISSIPPI JUSTICE INSTITUTE, NEVADA POLICY RESEARCH INSTITUTE, OPPORTUNITY SOLUTIONS PROJECT, RIO GRANDE FOUNDATION, SECRETARIES INNOVATION GROUP (Norris, Cameron) |
| Filing 35 NOTICE of Appearance by Jeffrey M. Harris on behalf of ALASKA POLICY FORUM, AMERICA WORKS, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, FOUNDATION FOR GOVERNMENT ACCOUNTABILITY, IDAHO FREEDOM FOUNDATION, JOHN LOCKE FOUNDATION, MACKINAC CENTER FOR PUBLIC POLICY, MAINE HERITAGE POLICY CENTER, MISSISSIPPI JUSTICE INSTITUTE, NEVADA POLICY RESEARCH INSTITUTE, OPPORTUNITY SOLUTIONS PROJECT, RIO GRANDE FOUNDATION, SECRETARIES INNOVATION GROUP (Harris, Jeffrey) |
| Filing 34 MOTION for Leave to File Amici Curiae Brief by FOUNDATION FOR GOVERNMENT ACCOUNTABILITY, OPPORTUNITY SOLUTIONS PROJECT, MISSISSIPPI JUSTICE INSTITUTE, SECRETARIES INNOVATION GROUP, COMMONWEALTH FOUNDATION FOR PUBLIC POLICY ALTERNATIVES, MACKINAC CENTER FOR PUBLIC POLICY, ALASKA POLICY FORUM, NEVADA POLICY RESEARCH INSTITUTE, IDAHO FREEDOM FOUNDATION, RIO GRANDE FOUNDATION, MAINE HERITAGE POLICY CENTER, JOHN LOCKE FOUNDATION, AMERICA WORKS (Attachments: #1 Proposed Amici Brief, #2 Text of Proposed Order)(Harris, Jeffrey) |
| Filing 33 NOTICE of Appearance by Aimee Diane Thomson on behalf of COMMONWEALTH OF PENNSYLVANIA (Thomson, Aimee) |
| Filing 32 NOTICE of Appearance by Joshua Perry on behalf of STATE OF CONNECTICUT (Perry, Joshua) |
| Filing 31 REPLY to opposition to motion re #3 MOTION for Preliminary Injunction MOTION to Stay filed by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, DANA NESSEL, STATE OF CALIFORNIA, STATE OF CONNECTICUT, STATE OF MARYLAND, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT. (Colangelo, Matthew) |
| Filing 30 REPLY in support of Plaintiffs' #3 Motion for Preliminary Injunction filed by BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN. (Bimmerle, Raechel) Modified on 2/21/2020 to add linkage (zrdj). |
| Filing 29 Unopposed MOTION for Leave to File Excess Pages by CITY OF NEW YORK, COMMONWEALTH OF MASSACHUSETTS, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF VIRGINIA, DISTRICT OF COLUMBIA, DANA NESSEL, STATE OF CALIFORNIA, STATE OF CONNECTICUT, STATE OF MARYLAND, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT (Attachments: #1 Text of Proposed Order)(Colangelo, Matthew) |
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MINUTE ORDER (paperless) GRANTING #29 State Plaintiffs' Unopposed Motion to Enlarge the Page Limit for their Reply in Support of Their Motion for Preliminary Injunction or Stay Pursuant to 5 U.S.C. 705. Signed by Chief Judge Beryl A. Howell on February 18, 2020. (lcbah2)
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| Filing 28 NOTICE of Appearance by Susan P. Herman on behalf of STATE OF MAINE (Herman, Susan) |
| Filing 27 NOTICE of Appearance by Jeffrey VanDam on behalf of STATE OF ILLINOIS (VanDam, Jeffrey) |
| Filing 26 Memorandum in opposition to re #3 MOTION for Preliminary Injunction MOTION to Stay and in Opposition to No. 20-127 Plaintiffs' Motion for Preliminary Injunction filed by GEORGE E. PERDUE, III, U.S. DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA. (Attachments: #1 Declaration of Casey McConnel pt. 1, #2 Declaration of Casey McConnell pt. 2)(Patil, Chetan) |
| Filing 25 NOTICE of Appearance by Melissa Lewis on behalf of STATE OF HAWAII (Lewis, Melissa) |
| Filing 24 NOTICE CERTIFICATION PURSUANT TO LCvR 83.2(g) by BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN re #23 Notice of Appearance- Pro Bono (Bimmerle, Raechel) |
| Filing 23 NOTICE of Appearance- Pro Bono by Raechel J. Bimmerle on behalf of BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN (Bimmerle, Raechel) |
| Filing 22 NOTICE of Appearance- Pro Bono by Hilla Shimshoni on behalf of BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN (Attachments: #1 CERTIFICATION PURSUANT TO LCvR 83.2(g))(Shimshoni, Hilla) |
| Filing 21 Consent MOTION for Leave to File Excess Pages by GEORGE E. PERDUE, III, U.S. DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA (Attachments: #1 Text of Proposed Order)(Patil, Chetan) |
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MINUTE ORDER (paperless) GRANTING the defendants' #21 Consent Motion for Enlargement of the Page Limit for Consolidated Opposition to Plaintiffs' Respective Motions for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on February 3, 2020. (lcbah1)
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| Filing 20 NOTICE of Appearance by Elizabeth Roberson-Young on behalf of State of Illinois (Roberson-Young, Elizabeth) |
| Filing 19 AMENDED COMPLAINT against All Defendants filed by DISTRICT OF COLUMBIA.(Konopka, Kathleen) |
| Filing 18 NOTICE of Appearance by Michelle S. Kallen on behalf of COMMONWEALTH OF VIRGINIA (Kallen, Michelle) |
| Filing 17 NOTICE of Appearance- Pro Bono by Nicole Dooley on behalf of BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN (Attachments: #1 83.2(g) Certification)(Dooley, Nicole) |
| Filing 16 AMICUS BRIEF by UNITED STATES HOUSE OF REPRESENTATIVES. (zrdj) |
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MINUTE ORDER (paperless) GRANTING the #14 Motion for Leave to File Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs and DIRECTING the Clerk of the Court to docket the Brief of U.S. House of Representatives as Amicus Curiae in Support of Plaintiffs, ECF No. 14-1. Signed by Chief Judge Beryl A. Howell on January 28, 2020. (lcbah1)
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| Filing 15 NOTICE of Appearance by Douglas N. Letter on behalf of UNITED STATES HOUSE OF REPRESENTATIVES (Letter, Douglas) |
| Filing 14 MOTION for Leave to File Amicus Curiae In Support of Plaintiffs by UNITED STATES HOUSE OF REPRESENTATIVES (Attachments: #1 Amicus Brief, #2 Text of Proposed Order)(Letter, Douglas) |
| Filing 13 NOTICE of Appearance- Pro Bono by Jean Richmann on behalf of BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN (Attachments: #1 CERTIFICATION PURSUANT TO LCvR 83.2(g))(Richmann, Jean) |
| Filing 12 NOTICE of Appearance- Pro Bono by Kaelyne Yumul Wietelman on behalf of BREAD FOR THE CITY, DAMON SMITH, GENEVA TANN (Attachments: #1 CERTIFICATION PURSUANT TO LCvR 83.2(g))(Wietelman, Kaelyne) |
| Filing 11 NOTICE of Appearance by Jessica Merry Samuels on behalf of COMMONWEALTH OF VIRGINIA (Samuels, Jessica) |
| Filing 10 NOTICE of Proposed Order re Scheduling and Consolidation by DISTRICT OF COLUMBIA re Order, Order, (Attachments: #1 Text of Proposed Order)(Konopka, Kathleen) |
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MINUTE ORDER (paperless), upon consideration of the parties' #10 Notice of Joint Proposed Schedule and Positions Regarding Consolidation, (1) ISSUING the following SCHEDULING ORDER: (a) by February 5, 2020, the defendants shall file their oppositions in response to each of the plaintiffs' motions and (b) by February 19, 2020, the plaintiffs shall file their replies in support of their respective motions; and (2) DIRECTING the parties, at 10:00 AM on Thursday, March 5, 2020, to appear for a hearing before Chief Judge Beryl A. Howell in Courtroom 22A. Signed by Chief Judge Beryl A. Howell on January 23, 2020. (lcbah1)
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MINUTE ORDER (paperless) CONSOLIDATING, upon consideration of the parties' #10 Notice of Joint Proposed Schedule and Positions Regarding Consolidation, this case, Civil Case No. 20-119, with Bread for the City et al. v. U.S. Department of Agriculture et al., Civil Case No. 20-127, for all purposes. See Local Civil Rule 40.5 and Federal Rule of Civil Procedure 42. The parties are directed that all filings in these consolidated cases should be made only in Case No. 20-119. The Clerk shall close Case No. 20-127 and transfer whatever parties are not identical to Case No. 20-119. Signed by Chief Judge Beryl A. Howell on January 23, 2020. (lcbah1)
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| Set/Reset Deadlines/Hearings: Defendants' oppositions to plaintiffs' motions due by 2/5/2020; plaintiffs' replies due by 2/19/2020; Motion Hearing scheduled for 3/5/2020, at 10:00 AM in Courtroom 22A before Chief Judge Beryl A. Howell. (tg) |
| Filing 9 NOTICE of Appearance by Liam Holland on behalf of All Defendants (Holland, Liam) |
| Filing 8 NOTICE of Appearance by Chetan A. Patil on behalf of All Defendants (Patil, Chetan) |
| Set/Reset Deadlines: Response to Order of the Court regarding consolidation due by noon on 1/23/2020. (tg) |
| Filing 7 NOTICE of Appearance by Eric R. Haren on behalf of STATE OF NEW YORK (Haren, Eric) |
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Filing 6
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on January 21, 2020. (lcbah1)
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| Filing 5 SUMMONS (3) Issued Electronically as to GEORGE E. PERDUE, III, U.S. DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA. (Attachment: #1 Notice and Consent)(zmc) |
| Case assigned to Chief Judge Beryl A. Howell. (zmc) |
| MINUTE ORDER (paperless) DIRECTING the plaintiffs to confer with opposing counsel regarding a proposed schedule to address the plaintiffs' #3 Motion for Preliminary Injunction or 5 U.S.C. 705 Stay Pending Judicial Review and jointly to submit to the Court, by noon on January 23, 2020, a proposed scheduling order, including three proposed dates for the oral argument requested by plaintiffs. (lcbah1) |
| Set/Reset Deadlines: Joint proposed scheduling order due by noon on 1/23/2020. (tg) |
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MINUTE ORDER (paperless) DIRECTING the parties, by noon on January 23, 2020, to provide their positions on whether this case should be consolidated with 20-cv-127 pursuant to Local Civil Rule 40.5 and Federal Rule of Civil Procedure 42. Signed by Chief Judge Beryl A. Howell on January 21, 2020. (lcbah1)
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| Filing 4 NOTICE of Appearance by Matthew Colangelo on behalf of STATE OF NEW YORK (Colangelo, Matthew) |
| Filing 3 MOTION for Preliminary Injunction by DISTRICT OF COLUMBIA (Attachments: #1 Declaration STEVEN BANKS, #2 Declaration EDWARD BOLEN, #3 Declaration TIKKI BROWN, #4 Declaration CATHERINE BUHRIG, #5 Declaration ALEXIS CARMEN FERNANDEZ, #6 Declaration STEVE H. FISHER, #7 Declaration HOLLY FREISHTAT, #8 Declaration JEFFREY GASKELL, #9 Declaration DEIDRE S. GIFFORD, #10 Declaration HEATHER HARTLINE-GRAFTON, #11 Declaration DANIEL R. HAUN, #12 Declaration KATHLEEN KONOPKA, #13 Declaration ED LAZERE, #14 Declaration BRITTANY MANGINI, #15 Declaration VICTORIA NEGUS, #16 Declaration ELISA NEIRA, #17 Declaration S. DUKE STOREN, #18 Declaration DAWN M. SWEENEY, #19 Declaration LAURA ZEILINGER, #20 Text of Proposed Order)(Konopka, Kathleen). Added MOTION to Stay on 1/24/2020 (znmw). |
| Filing 2 ENTERED IN ERROR.....SUMMONS (4) Issued Electronically as to GEORGE E. PERDUE, III, U.S. DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA, U.S. Attorney and U.S. Attorney General Modified on 1/16/2020 (zmc). |
| Filing 1 COMPLAINT against GEORGE E. PERDUE, III, U.S. DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA (Fee Status:Filing Fee Waived) filed by DISTRICT OF COLUMBIA. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Konopka, Kathleen) |
| Filing 1 COMPLAINT against GEORGE E. PERDUE, III, U.S. DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA (Fee Status:Filing Fee Waived) filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Konopka, Kathleen) |
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