The Cornucopia Institute et al v. United States Department of Agriculture et al

Filing 41

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment, Transcript Information Sheet and Docket Sheet to Seventh Circuit Court of Appeals re: 38 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Transcript Information Sheet, # 5 Docket Sheet) (lak)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
)
THE CORNUCOPIA INSTITUTE,
)
)
DOMINIC MARCHESE, and
)
)
REBECCA GOODMAN,
)
)
Plaintiffs,
)
)
v.
) CIVIL ACTION NO. 16-cv-246
)
UNITED STATES DEPARTMENT OF
)
AGRICULTURE, and
)
)
TOM VILSACK, in his official capacity as
)
SECRETARY OF AGRICULTURE,
)
)
Defendants.
)
__________________________________________)
SEVENTH CIRCUIT RULE 3(c)(1) DOCKETING STATEMENT
Pursuant to Seventh Circuit Rules 3(c)(1) and 28(a), Plaintiffs the Cornucopia Institute,
Dominic Marchese, and Rebecca Goodman (collectively, Plaintiffs) file this docketing statement.
I.

DISTRICT COURT JURISDICTION
The District Court had subject matter jurisdiction over this action under 28 U.S.C. § 1331

(federal question) and the Administrative Procedure Act, 5 U.S.C. §§ 702, 704. The federal statutes
giving rise to federal question jurisdiction are the Administrative Procedure Act, 5 U.S.C. §§ 70106, the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501–6522, and the Federal Advisory
Committee Act, 5 U.S.C. App. 2 §§ 1–16.
II.

APPELLATE JURISDICTION
The United States Court of Appeals for the Seventh Circuit has jurisdiction over this appeal

pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 1294(1). Plaintiffs appeal the District Court’s final

judgment entered on May 23, 2017, Dkt. 37, and the Opinion and Order dismissing Plaintiffs’ first
amended complaint entered by the District Court on May 23, 2017, Dkt. 36.
No party has filed a motion for alteration of the judgment or any other motion that tolls the
time within which to appeal. Plaintiffs timely filed their Notice of Appeal with the District Court
on July 13, 2017. See Fed. R. App. Proc. 4(a)(1)(B)(ii), (iii). This case is not a direct appeal from
the decision of a magistrate judge.
III.

ADDITIONAL REQUIREMENTS OF CIRCUIT RULE 3(c)(1)
There have been no prior or related appellate proceedings in this matter.
Plaintiffs sued Defendant Tom Vilsack in his official capacity as United States Secretary

of Agriculture. The current occupant of that office is Sonny Perdue.
This is a civil case that does not involve any criminal convictions. 28 U.S.C. § 1915(g) is
inapplicable.

DATED: July 13, 2017

Respectfully Submitted,
/s/ Sarah J. Fox
Sarah Fox, Staff Attorney
(N.Y. Bar No. 4801734)
Hope Babcock, Director
(Fed/D.C. Bar No. 14639)
Counsel of Record
Institute for Public Representation
Georgetown University Law Center
600 New Jersey Avenue, N.W.
Washington, D.C. 20001
Phone: [phone]
Fax: [phone]
Counsel for Plaintiffs

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