FARM-TO-CONSUMER LEGAL DEFENSE FUND et al v. SCHAFER et al

Filing 18

ENTERED IN ERROR.....MOTION for Leave to File First Amended Complaint by FARM-TO-CONSUMER LEGAL DEFENSE FUND, ROBERT ALEXANDER, JOE GOLIMBIESKI, ROBERT KEYWORTH, GLEN MAST, ANDREW SCHNEIDER, ROSEANNE WYANT (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - (Proposed) Entry and Order)(Cox, David) Modified on 1/8/2009 (tg, ).

BEFORE THE UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA Farm-to-Consumer Legal Defense Fund, et al. : : : Plaintiffs : : v. : : U.S. Department of Agriculture, et al. : : Defendants : Case No. 1:08-cv-01546-RMC Judge Rosemary M. Collyer

PLAINTIFFS' NOTICE OF INTENT TO FILE SUPPLEMENT TO ADMINISTRATIVE RECORD Plaintiffs intend to file a supplement to the administrative record that was filed in this matter by Defendant United States Department of Agriculture on December 12, 2008. LCvR 7(n)(1) provides, in part, that "In cases involving the judicial review of administrative agency actions, counsel shall provide the Court with an appendix containing copies of those portions of the administrative record that are cited or otherwise relied upon in any memorandum in support of or in opposition to any dispositive motion." In addition, LCvR 7(n)(2) provides, in part, that the appendix "shall be prepared jointly by the parties and filed within 10 days following the final memorandum on the subject motion." Finally, LCvR 7(n)(3) provides, in part, that "the parties may request the option to submit separate appendices to be filed with any memorandum in support of, or in opposition to, the dispositive motion." In this case, USDA has unilaterally filed an administrative record without first consulting with Plaintiffs. Also, USDA has filed the record before the close of all the papers to be filed in this matter that relate to Defendants' respective

motions to dismiss. Consequently, Plaintiffs wish to inform the Court that they will be consulting with Defendants in an effort to agree on the contents of the appendix that will constitute the administrative record in this case. In the event the parties cannot agree on an appendix, Plaintiffs will be submitting their own appendix. Respectfully submitted,

Dated: December 18, 2008

/s/ David G. Cox David G. Cox (D.C. Bar No. OH 0020) 4240 Kendale Road Columbus, OH 43220 [e-mail] Phone: [phone] Counsel for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that on December 18, 2008, I electronically filed the PLAINTIFFS' NOTICE OF INTENT TO FILE SUPPLEMENT TO ADMINISTRATIVE RECORD with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Peter T. Wechsler [e-mail] Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Counsel for USDA and James E. Riley [e-mail] First Assistant Danielle Allison-Yokom [e-mail] Assistant Attorney General Michigan Department of Agriculture Environment, Natural Resources and Agriculture Division 525 West Ottawa Street 6th Floor Williams Building Lansing, MI 48913 Counsel for MDA

/s/ David G. Cox David G. Cox

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