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

Filing 58

NOTICE of Deficiencies and Omissions in Supplemental Record by DAN NOLT, FARM-TO-CONSUMER LEGAL DEFENSE FUND, ROBERT ALEXANDER, JOE GOLIMBIESKI, ROBERT KEYWORTH, GLEN MAST, ANDREW SCHNEIDER, ROSEANNE WYANT re 57 Notice (Other) (Cox, David)

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

Doc. 58

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 DEFICIENCIES AND OMISSIONS IN SUPPLEMENTAL RECORD By Minute Order dated May 18, 2009, the Court granted Plaintiffs' motion for leave to file a supplemental record. Defendant USDA unilaterally filed a supplemental record on July 15, 2009 without affording Plaintiffs an opportunity to review it first. After reviewing the supplemental record, Plaintiffs have discovered it contains several deficiencies and omissions. For example, USDA did not file several of the documents identified by Plaintiffs in Exhibit A to their motion for leave to file a supplemental record. In addition, other documents filed by USDA are not complete, for example, several two-page press releases have only the first page filed. Other examples also exist. Plaintiffs have sent counsel for USDA a letter identifying all of the deficiencies and omissions and has requested that USDA correct those deficiencies and omissions. Plaintiffs anticipate resolving this issue without resorting to the Court. However, Plaintiffs reserve their right to raise this issue with the Court in the event the parties cannot resolve this issue.

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Respectfully submitted,

Dated: June 26, 2009

/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 June 26, 2009, I electronically filed the forgoing 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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