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)

APPEAL, BGW, CLOSED, DECLINE_MJ,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00246-wmc

The Cornucopia Institute et al v. United States Department of Agriculture
et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 07:2321 Plant Variety Protection Act

Date Filed: 04/18/2016
Date Terminated: 05/23/2017
Jury Demand: None
Nature of Suit: 899 Other Statutes:
Administrative Procedures Act/Review or
Appeal of Agency Decision
Jurisdiction: U.S. Government Defendant

Plaintiff
The Cornucopia Institute

represented by Sarah Jean Fox
Georgetown University Law Center
600 New Jersey Avenue NW
Suite 312
Washington, DC 20001
202-661-6694
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Dominic Marchese

represented by Sarah Jean Fox
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Plaintiff
Rebecca Goodman

represented by Sarah Jean Fox
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
United States Department of Agriculture

represented by Leslie K. Herje
U.S. Attorney's Office
222 W. Washington Ave.
Suite 700
Madison, WI 53703
608-264-5158
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Lisa Ann Olson
U.S. Department of Justice
20 Massachusetts Ave., NW
Washington, DC 20530
202-514-5633
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Tom Vilsack
In his official capacity as Secretary of
Agriculture

Date Filed

#

represented by Lisa Ann Olson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

04/18/2016

1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-1791831.), filed by
All Plaintiffs. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Summons,
# 3 Summons) (Fox, Sarah) (Entered: 04/18/2016)

04/18/2016

2 Motion to Admit Sarah Jean Fox Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt number
0758-1791850.) by Plaintiffs Rebecca Goodman, Dominic Marchese, The Cornucopia Institute.
(Fox, Sarah) (Entered: 04/18/2016)

04/18/2016

3 Corporate Disclosure Statement by Plaintiffs Rebecca Goodman, Dominic Marchese, The
Cornucopia Institute. (Fox, Sarah) (Entered: 04/18/2016)

04/19/2016

4 ** TEXT ONLY ORDER **
ORDER granting 2 Motion to Admit Sarah Jean Fox Pro Hac Vice. Signed by Magistrate Judge
Peter A. Oppeneer on 4/19/2016. (lak) (Entered: 04/19/2016)

04/19/2016

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jat) (Entered: 04/19/2016)

04/19/2016

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties
with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment
of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment,
Order on Dispositive Motions. (jat) (Entered: 04/19/2016)

04/19/2016

5 Summons Issued as to United States Department of Agriculture, Tom Vilsack. (Attachments:
# 1 Summons Vilsack) (jat) (Entered: 04/19/2016)

04/19/2016

6 Affidavit of Service by Plaintiff. United States Department of Agriculture served on 4/19/2016,
answer due 6/20/2016. (Fox, Sarah) (Entered: 04/19/2016)

04/19/2016

7 Affidavit of Service by Plaintiff. Tom Vilsack served on 4/19/2016, answer due 6/20/2016. (Fox,
Sarah) (Entered: 04/19/2016)

05/19/2016

Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L.
Crocker. (cak) (Entered: 05/19/2016)

06/21/2016

8 Unopposed Motion for Extension of Time to File Answer re: 1 Complaint by Defendants United
States Department of Agriculture, Tom Vilsack. Motions referred to Magistrate Judge Stephen L.
Crocker. (Olson, Lisa) (Entered: 06/21/2016)

06/22/2016

9 ** TEXT ONLY ORDER **
ORDER granting 8 Motion for Extension of Time to Answer. United States Department of
Agriculture answer due 7/15/2016; Tom Vilsack answer due 7/15/2016. Signed by Magistrate Judge
Stephen L. Crocker on 6/21/16. (jat) (Entered: 06/22/2016)

07/10/2016

10 Unopposed Motion for Extension of Time to File Answer re: 1 Complaint by Defendants United
States Department of Agriculture, Tom Vilsack. Motions referred to Magistrate Judge Stephen L.
Crocker. (Attachments:
# 1 Text of Proposed Order) (Olson, Lisa) (Entered: 07/10/2016)

07/11/2016

11 ** TEXT ONLY ORDER **
ORDER granting 10 Motion for Extension of Time to Answer re: 1 Complaint. It is extraordinarily
unlikely that the court will grant yet another extension of this deadline. Counsel should act
accordingly. United States Department of Agriculture answer due 8/15/2016; Tom Vilsack answer
due 8/15/2016. Signed by Magistrate Judge Stephen L. Crocker on 7/11/2016. (voc) (Entered:
07/11/2016)

08/15/2016

12 Disregard. See 14 . Modified on 8/16/2016. (lak) (Entered: 08/15/2016)

08/15/2016

13 Brief in Support of 14 Motion to Dismiss by Defendants United States Department of Agriculture,
Tom Vilsack. (Olson, Lisa) Modified on 8/16/2016. (lak) (Entered: 08/15/2016)

08/15/2016

Set Telephone Conference: Telephone Pretrial Conference set for 9/14/2016 at 02:30 PM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference attached]
(jat) (Entered: 08/15/2016)

08/15/2016

14 MOTION TO DISMISS by Defendants United States Department of Agriculture, Tom Vilsack.
Brief in Opposition due 9/6/2016. Brief in Reply due 9/15/2016. (Attachments:
# 1 Text of Proposed Order) (Olson, Lisa) (Entered: 08/15/2016)

08/26/2016

15 Joint Motion to Continue Pretrial Conference by Defendants United States Department of
Agriculture, Tom Vilsack, (Attachments:
# 1 Text of Proposed Order) (Olson, Lisa) (Entered: 08/26/2016)

08/26/2016

16 ** TEXT ONLY ORDER **
The joint motion to cancel the preliminary pretrial conference pending a decision on the motion to
dismiss is DENIED. The fallback motion to postpone this conference is GRANTED. Signed by
Magistrate Judge Stephen L. Crocker on 8/26/2016. (arw) (Entered: 08/26/2016)

08/26/2016

Reset Deadlines and Hearings: Telephone Pretrial Conference reset for 10/11/2016 at 1:00 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call
to chambers at [phone]. (arw) (Entered: 08/26/2016)

09/02/2016

17 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Fox, Sarah) (Entered:
09/02/2016)

09/02/2016

18 Motion to Declare Moot Defendants' Motion to Dismiss the Original Complaint re: 13 Brief in
Support, 14 MOTION TO DISMISS by Plaintiffs Rebecca Goodman, Dominic Marchese, The
Cornucopia Institute. Response due 9/9/2016. (Fox, Sarah) (Entered: 09/02/2016)

09/06/2016

19 Response Stating No Opposition by Defendants United States Department of Agriculture, Tom
Vilsack re: 18 Motion for Miscellaneous Relief, filed by The Cornucopia Institute, Rebecca
Goodman, Dominic Marchese and Unopposed Motion for Extension of Time (Olson, Lisa) Modified

on 9/7/2016 (jat). (Entered: 09/06/2016)
09/07/2016

20 ** TEXT ONLY ORDER **
Plaintiff's unopposed motion to declare moot defendants' motion to dismiss the original complaint
(dkt. # 18 ) is GRANTED. Defendants' answer or motion to dismiss the amended complaint is now
due by October 19, 2016. Signed by District Judge William M. Conley on 9/7/16. (jat) (Entered:
09/07/2016)

10/04/2016

21 Joint Report of Rule 26(f) Planning Meeting. (Fox, Sarah) (Entered: 10/04/2016)

10/11/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 10/11/2016 [:18] (cak) (Entered: 10/11/2016)

10/14/2016

22 Pretrial Conference Order - Defendants' Motion to Dismiss due 10/19/2016. Cross Motions for
Summary Judgment due 4/20/2017. Motions in Limine due 9/1/2017. Response to Motions due
9/15/2017. Telephone Final Pretrial Conference set for 9/26/2017 at 04:00 PM before Judge
William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608)
264-5087. Court Trial set for 10/5/2017 at 09:00 AM. Signed by Magistrate Judge Stephen L.
Crocker on 10/13/16. (jat) (Entered: 10/14/2016)

10/19/2016

23 MOTION TO DISMISS First Amended Complaint by Defendants United States Department of
Agriculture, Tom Vilsack. Brief in Opposition due 11/9/2016. Brief in Reply due 11/21/2016.
(Attachments:
# 1 Text of Proposed Order) (Olson, Lisa) (Entered: 10/19/2016)

10/19/2016

24 Brief in Support of 23 Motion to Dismiss, by Defendants United States Department of Agriculture,
Tom Vilsack. (Olson, Lisa) (Entered: 10/19/2016)

11/09/2016

25 Brief in Opposition by Plaintiffs Rebecca Goodman, Dominic Marchese, The Cornucopia Institute
re: 23 Motion to Dismiss, filed by Tom Vilsack, United States Department of Agriculture. (Fox,
Sarah) (Entered: 11/09/2016)

11/09/2016

26 Declaration of Will Fantle filed by Plaintiffs Rebecca Goodman, Dominic Marchese, The
Cornucopia Institute in Support of Plaintiffs' Opposition re: 23 Motion to Dismiss. (Fox, Sarah)
(Entered: 11/09/2016)

11/09/2016

27 Declaration of Dominic Marchese filed by Plaintiffs Rebecca Goodman, Dominic Marchese, The
Cornucopia Institute in Support of Plaintiffs' Opposition re: 23 Motion to Dismiss. (Fox, Sarah)
(Entered: 11/09/2016)

11/09/2016

28 Declaration of Rebecca Goodman filed by Plaintiffs Rebecca Goodman, Dominic Marchese, The
Cornucopia Institute in Support of Plaintiffs' Opposition re: 23 Motion to Dismiss. (Fox, Sarah)
(Entered: 11/09/2016)

11/16/2016

29 Motion for Extension of Time to File Reply in Support of Motion to Dismiss by Defendants United
States Department of Agriculture, Tom Vilsack. Motions referred to Magistrate Judge Stephen L.
Crocker. Response due 11/23/2016. (Attachments:
# 1 Text of Proposed Order) (Olson, Lisa) (Entered: 11/16/2016)

11/16/2016

30 ** TEXT ONLY ORDER **
ORDER granting 29 Motion for Extension of Time. Brief in Reply to Motion to Dismiss due
12/1/2016. Signed by Magistrate Judge Stephen L. Crocker on 11/16/16. (jat) (Entered: 11/16/2016)

12/01/2016

31 Brief in Reply by Defendants United States Department of Agriculture, Tom Vilsack in Support of
23 Motion to Dismiss. (Olson, Lisa) (Entered: 12/01/2016)

03/03/2017

32 Joint Motion for Extension of Time re: Case Schedule by Defendants United States Department of
Agriculture, Tom Vilsack. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments:

# 1 Text of Proposed Order) (Olson, Lisa) Modified on 3/5/2017. (lak) (Entered: 03/03/2017)
03/10/2017

33 ** TEXT ONLY ORDER **
ORDER granting 32 Joint Motion for Extension of Time. Signed by Magistrate Judge Stephen L.
Crocker on 3/9/2017. (arw) (Entered: 03/10/2017)

03/10/2017

Reset Deadlines and Hearings: Administrative Record due 4/24/2017. Cross Motions for Summary
Judgment due 6/5/2017, Responses due 7/10/2017. Rule 26(a)(3) Disclosures and Motions in
Limine due 10/16/2017, Responses due 10/30/2017. Telephone Final Pretrial Conference reset for
11/9/2017 at 4:00 PM, counsel for Plaintiff responsible for setting up the call to chambers at (608)
264-5087. Court Trial reset for 11/20/2017 at 9:00 AM before District Judge William M. Conley.
(arw) (Entered: 03/10/2017)

04/18/2017

34 Joint Motion for Extension of Time Regarding Case Schedule by Defendants United States
Department of Agriculture, Tom Vilsack. Motions referred to Magistrate Judge Stephen L. Crocker.
(Attachments:
# 1 Text of Proposed Order) (Olson, Lisa) Modified on 4/18/2017. (lak) (Entered: 04/18/2017)

04/19/2017

35 ** TEXT ONLY ORDER **
The parties' second joint motion to extend the schedule 34 is GRANTED. All remaining dates are
stricken. The court will hold a telephonic status and scheduling conference if necessary after ruling
on the pending motion to dismiss. Signed by Magistrate Judge Stephen L. Crocker on 4/19/17. (jat)
(Entered: 04/19/2017)

05/23/2017

36 OPINION AND ORDER granting 23 Motion to Dismiss. Signed by District Judge William M.
Conley on 5/23/17. (jat) (Entered: 05/23/2017)

05/23/2017

37 JUDGMENT entered in favor of Defendants United States Department of Agriculture, Tom Vilsack
dismissing the case. (jat) (Main Document 37 replaced on 5/23/2017) (jat). (Entered: 05/23/2017)

07/13/2017

38 NOTICE OF APPEAL by Plaintiffs Rebecca Goodman, Dominic Marchese, The Cornucopia
Institute as to 37 Judgment, 36 Order on Motion to Dismiss. Filing fee of $ 505, receipt number
0758-2067686 paid. Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (Fox, Sarah) (Entered: 07/13/2017)

07/13/2017

39 Transcript Request Form by Plaintiffs Rebecca Goodman, Dominic Marchese, The Cornucopia
Institute re: 38 Notice of Appeal. (Fox, Sarah) (Entered: 07/13/2017)

07/14/2017

40 Appeal Information Packet. (lak) (Entered: 07/14/2017)