Adams et al v. United States Department of Agriculture et al
ORDER ADOPTING 41 REPORT AND RECOMMENDATIONS and granting in part and denying in part 26 Motion for Summary Judgment, as set forth. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DALE B. ADAMS
Case No. 3:10-CV-03120
UNITED STATES DEPARTMENT OF
AGRICULTURE; and THOMAS L. VILSACK,
United States Secretary of Agriculture
Currently before the Court is the Report and Recommendation (Doc. 41) filed in this case
on August 10, 2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge
for the Western District of Arkansas. The objection period has passed without objections being filed
by either party.1
The Court has reviewed this case and, being well and sufficiently advised, finds as follows:
the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS
Accordingly, for the reasons stated in the Magistrate Judge’s Report and
Recommendations, IT IS ORDERED that Defendants’ Motion for Summary Judgment (Doc. 26) is
is GRANTED IN PART and DENIED IN PART. Defendants’ Motion is granted insofar as
Plaintiff’s FOIA claims concerning Requests 3-7 and Appeal 2, all claims under the APA, all claims
for expedited processing and/or for a delay in processing, and the portions of Requests 1-2 that rely
on exemptions §§ 552(b)(6) and 552(b)(7)(C) are DISMISSED.
The Court notes that, subsequent to the entry of the Report and Recommendation in this
case, Mr. Adams did ask the Court on August 10, 2012, in case 3:12-cv-03076-PKH, to dismiss
“every FOIA case” he had filed with this Court, including the instant matter. (Doc. 4, case 3:12-cv03076-PKH). He withdrew that request just 13 days later on August 23, 2012. (Doc. 5, case 3:12cv-03076-PKH).
IT IS FURTHER ORDERED that Defendants’ Motion is denied, at this time, with respect
to Plaintiff’s FOIA claims concerning Requests 1 and 2 and Appeal 1 based on the United States
Department of Agriculture’s claim that the records are exempt from disclosure under § 552(b)(4).
IT IS FURTHER ORDERED that Defendants are directed to file a supplemental summary
judgment motion, on or before October 12, 2012, with a more detailed Vaughn index and
accompanying declarations as to the claims that remain pending.
IT IS SO ORDERED this 26th day of September, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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