Case: Northeast Organic Farming Association of New York v. U.S. Department of Agriculture

COMPLAINT against U.S. Department of Agriculture. (Filing Fee $ 405.00, Receipt Number ANYSDC-30661784)Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y).(Apfel, Carrie) (Entered: 02/24/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate NOFA-NY Certified Organic, LLC for Northeast Organic Farming Association of New York. Document filed by Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 02/24/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council..(Apfel, Carrie) (Entered: 02/24/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Working Group..(Apfel, Carrie) (Entered: 02/24/2025)

CIVIL COVER SHEET filed..(Apfel, Carrie) (Entered: 02/24/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Agriculture, re: 1 Complaint,,. Document filed by Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group..(Apfel, Carrie) (Entered: 02/24/2025)

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Agriculture..(pc) (Entered: 02/25/2025)

NOTICE OF APPEARANCE by Alexander Abraham Abdo on behalf of Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group..(Abdo, Alexander) (Entered: 02/25/2025)

NOTICE OF APPEARANCE by Stephanie Krent on behalf of Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group..(Krent, Stephanie) (Entered: 02/25/2025)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Case Designation

Case Designated ECF. (pc)

Case Designated ECF

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carrie Apfel. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Broome;. (pc)

NOTICE OF APPEARANCE by Ilan Stein on behalf of U.S. Department of Agriculture..(Stein, Ilan) (Entered: 02/27/2025)

NOTICE OF APPEARANCE by Mark Osmond on behalf of U.S. Department of Agriculture..(Osmond, Mark)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an Initial Pretrial Conference with the Court on April 24, 2025 at 11:30 a.m. The conference will be held in person in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. All parties are required to register promptly as filing users on ECF. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/7/2025) Initial Conference set for 4/24/2025 at 11:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (ar) (Entered: 03/07/2025)

LETTER addressed to Judge Margaret M. Garnett from Mark Osmond dated 3/7/2025 re: Individual Rules and Practices Regarding Matters in which the United States Attorney for the Southern District of New York Represents a Party. Document filed by U.S. Department of Agriculture..(Osmond, Mark) (Entered: 03/07/2025)

NOTICE of Motion for a Preliminary Injunction. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie)

MOTION for Preliminary Injunction . Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie)

MEMORANDUM OF LAW in Support re: [15] MOTION for Preliminary Injunction . . Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York. (Attachments: (1) Exhibit A - Declaration of Marcie Craig, (2) Exhibit B - Declaration of Corinne Hansch, (3) Exhibit C - Declaration of Jeffrey McManus, (4) Exhibit D - Declaration of Garett Rose, (5) Exhibit E - Declaration of Anne Schechinger).(Apfel, Carrie)

1 Exhibit A - Declaration of Marcie Craig

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2 Exhibit B - Declaration of Corinne Hansch

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3 Exhibit C - Declaration of Jeffrey McManus

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4 Exhibit D - Declaration of Garett Rose

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5 Exhibit E - Declaration of Anne Schechinger

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PROPOSED ORDER. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York. Related Document Number: [15]..(Apfel, Carrie) Proposed Order to be reviewed by Clerk's Office staff.

NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (km)

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (km)

SUMMONS RETURNED EXECUTED. U.S. Department of Agriculture served on 3/5/2025, answer due 5/5/2025. Service was made by Mail. Document filed by Environmental Working Group; Natural Resources Defense Council; Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 03/27/2025)

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 03/27/2025)

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 03/27/2025)

MEMORANDUM OF LAW in Opposition re: [15] MOTION for Preliminary Injunction . . Document filed by U.S. Department of Agriculture..(Stein, Ilan)

DECLARATION of Brian Mabry in Opposition re: [15] MOTION for Preliminary Injunction .. Document filed by U.S. Department of Agriculture..(Stein, Ilan)

NOTICE OF APPEARANCE by Jeffrey Stein on behalf of Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey) (Entered: 04/01/2025)

NOTICE OF APPEARANCE by Jackson Thomas Busch on behalf of Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Busch, Jackson)

REPLY MEMORANDUM OF LAW in Support re: [15] MOTION for Preliminary Injunction . . Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey)

LETTER addressed to Judge Margaret M. Garnett from Jeffrey Stein dated April 8, 2025 re: Request for Oral Argument. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey) (Entered: 04/08/2025)

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Margaret M. Garnett from Mark Osmond dated 4/15/2025. Document filed by U.S. Department of Agriculture..(Osmond, Mark) (Entered: 04/15/2025)

ORDER granting in part and denying in part [27] Letter Motion to Adjourn Conference: The parties' request to adjourn the Initial Pretrial Conference originally scheduled for April 24, 2025 (Dkt. No. 27) is GRANTED. The Conference is hereby ADJOURNED, sine die. Plaintiffs' request for oral argument on their Motion for a Preliminary Injunction (Dkt. No. 26) is also GRANTED. An evidentiary hearing, followed by oral argument, on Plaintiffs' Motion for a Preliminary Injunction (Dkt. No. 15) will take place on May 21, 2025, at 11:00 a.m., in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (Garnett, Margaret)

NOTICE OF APPEARANCE by Peter Hans Lehner on behalf of Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Lehner, Peter) (Entered: 05/05/2025)

LETTER MOTION to Adjourn Conference addressed to Judge Margaret M. Garnett from Ilan Stein dated May 12, 2025. Document filed by U.S. Department of Agriculture..(Stein, Ilan) (Entered: 05/12/2025)

ORDER granting 30 Letter Motion to Adjourn Conference. GRANTED. The evidentiary hearing and oral argument scheduled for May 21 is hereby ADJOURNED sine die. The parties shall submit a joint status report by June 11, 2025. SO ORDERED. (Signed by Judge Margaret M. Garnett on 5/13/2025) (mml) (Entered: 05/13/2025)

STATUS REPORT. Joint Document filed by U.S. Department of Agriculture..(Osmond, Mark) (Entered: 06/11/2025)

MEMO ENDORSEMENT on re: 32 Status Report filed by U.S. Department of Agriculture ENDORSEMENT: The parties are ORDERED to submit a joint status report by July 2, 2025. SO ORDERED. (Signed by Judge Margaret M. Garnett on 6/16/2025) (jca) (Entered: 06/16/2025)

STATUS REPORT. Document filed by U.S. Department of Agriculture..(Stein, Ilan) (Entered: 07/02/2025)

MEMO ENDORSEMENT on re: 34 Status Report filed by U.S. Department of Agriculture. ENDORSEMENT: The Court appreciates the update, and the efforts by all parties to resolve this matter. The parties are ORDERED to submit a further joint status report by August 1, 2025. SO ORDERED. (Signed by Judge Margaret M. Garnett on 7/7/2025) (tg) (Entered: 07/07/2025)

STATUS REPORT. Joint Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey)

MEMO ENDORSEMENT on re: [36] Status Report filed by Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group. ENDORSEMENT: The Court appreciates the continued efforts by all parties to resolve this matter. The parties are ORDERED to submit a further joint status report by September 2, 2025. SO ORDERED. (Signed by Judge Margaret M. Garnett on 8/6/2025) (mml)