Argus Leader Media v. United States Department of Agriculture

Filing 231

JUDGMENT in favor of defendant, United States Department of Agriculture, and against plaintiff, Argus Leader Media and vacating 127 Memorandum and Opinion, 128 Judgment, 192 Order, 193 Order and 196 Order. Signed by U.S. District Judge Karen E. Schreier on 04/01/2020. (SAC) Modified docket text on 4/1/2020 (SAC).

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ARGUS LEADER MEDIA,
d/b/a Argus Leader,

4:11-CV-04121-KES

Plaintiff,
vs.
UNITED STATES DEPARTMENT OF
AGRICULTURE,

ORDER PURSUANT TO REMAND
AND JUDGMENT

Defendant,
FOOD MARKETING INSTITUTE,
Intervenor Defendant.
Pursuant to the remand by the Eighth Circuit (Docket 212), dated
August 5, 2019, it is
ORDERED that the court’s Memorandum and Opinion (Docket 127) is
vacated consistent with the decision in Food Marketing Institute v. Argus Leader
Media, 139 S. Ct. 2356 (2019).
IT IS FURTHER ORDERED that the judgment entered in favor of plaintiff,
Argus Leader Media (Docket 128) is vacated.
IT IS FURTHER ORDERED that the order awarding costs (Docket 192) is
vacated.
IT IS FURTHER ORDERED that the order granting motion for attorney
fees (Docket 193) is vacated.

IT IS FURTHER ORDERED that the order granting a second motion for
attorney fees and costs (Docket 196) is vacated.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment
is entered in favor of defendant, the United States Department of Agriculture,
and against plaintiff, Argus Leader Media.
Dated April 1, 2020.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE