McSwain et al v. United States Department of Agriculture
| Georgia Northern District Court | |
| Judge: | Richard W Story |
| Case #: | 1:16-cv-01234 |
| Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
| Cause | 28:2201 Declaratory Judgment |
| Case Filed: | Apr 15, 2016 |
| Terminated: | Oct 30, 2017 |
| Last checked: Wednesday Oct 12, 2016 5:09 AM EDT |
|
Defendant
United States Department of Agriculture
|
Represented By
|
|
Defendant
Tom Vilsack
The United States Secretary of Agriculture 1400 Independence Avenue SW
Washington DC, DC 20250 |
Represented By
|
|
Plaintiff
Dan McSwain
|
Represented By
|
|
Plaintiff
Keith McSwain
|
Represented By
|
| Docket last updated: 11/21/2024 11:59 PM EST |
| Monday, October 30, 2017 | ||
|
misc
Clerks Entry of Dismissal
Mon 10/30 9:56 AM
Clerk's Entry of Dismissal APPROVING44 Stipulation of Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(ii) (dgr) |
||
|
utility
Terminate Civil Case
Mon 10/30 2:42 PM
Civil Case Terminated. (dgr) |
||
| Friday, October 27, 2017 | ||
| 44 | 44
4
pgs
misc
Stipulation of Dismissal
Fri 10/27 9:19 AM
STIPULATION of Dismissal With Prejudice by Dan McSwain, Keith McSwain. (Wilson, G.) |
|
| Friday, September 29, 2017 | ||
| 43 | 43
notice
Notice (Other)
Fri 09/29 9:10 PM
NOTICE by Dan McSwain, Keith McSwain re42 Notice (Other) of Amended Supplemental Filing (Wilson, G.) |
|
| Thursday, September 28, 2017 | ||
| 42 | 42
notice
Notice (Other)
Thu 09/28 5:17 PM
NOTICE by Dan McSwain, Keith McSwain of Supplemental Filing (Wilson, G.) |
|
| Friday, September 22, 2017 | ||
| 41 | 41
1
pgs
misc
Transcript
Fri 09/22 11:17 AM
TRANSCRIPT of the Discovery Hearing Proceedings held on August 31, 2017, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/21/2017. (kac) |
|
|
Att: 1
Notice of Filing of Official Transcript
|
||
| Friday, September 15, 2017 | ||
| 40 | 40
notice
Notice (Other)
Fri 09/15 3:26 PM
NOTICE by United States Department of Agriculture, Tom Vilsack of Supplemental Filing (Swinton, Nathan) |
|
| Thursday, August 31, 2017 | ||
| 39 | 39
minutes
Discovery Hearing
Fri 09/01 2:01 PM
Minute Entry for proceedings held before Judge Richard W. Story: Discovery Hearing held on 8/31/2017. The Court heard arguments from counsel as to discovery issues. Defendant's counsel has 14 days to supplement their briefs and plaintiff's counsel will then have 14 days to respond. (Court Reporter Amanda Lohnaas)(sk) |
|
| Friday, August 11, 2017 | ||
| 38 | 38
notice
Notice of Filing
Fri 08/11 2:11 PM
NOTICE Of Filing Supplemental Evidence In Support of Plaintiff's Motion for Discovery by Dan McSwain, Keith McSwain re32 MOTION for Discovery (Wilson, G.) |
|
|
Att: 1
5 pgs
Exhibit A - Respondent's Exhibit List,
|
||
|
Att: 2
Exhibit A-1,
|
||
|
Att: 3
Exhibit A-2,
|
||
|
Att: 4
7 pgs
Exhibit A-3,
|
||
|
Att: 5
26 pgs
Exhibit A-4,
|
||
|
Att: 6
6 pgs
Exhibit A-5,
|
||
|
Att: 7
Exhibit A-6,
|
||
|
Att: 8
Exhibit A-7,
|
||
|
Att: 9
Exhibit A-8,
|
||
|
Att: 10
Exhibit A-9,
|
||
|
Att: 11
Exhibit A-10,
|
||
|
Att: 12
Exhibit A-11,
|
||
|
Att: 13
Exhibit A-12,
|
||
|
Att: 14
Exhibit A-13,
|
||
|
Att: 15
Exhibit A-14,
|
||
|
Att: 16
Exhibit A-15,
|
||
|
Att: 17
Exhibit A-16,
|
||
|
Att: 18
Exhibit A-17,
|
||
|
Att: 19
Exhibit A-18,
|
||
|
Att: 20
Exhibit A-19,
|
||
|
Att: 21
Exhibit A-20,
|
||
|
Att: 22
Exhibit A-21,
|
||
|
Att: 23
Exhibit A-22,
|
||
|
Att: 24
Exhibit A-23,
|
||
|
Att: 25
Exhibit A-24,
|
||
|
Att: 26
Exhibit A-25,
|
||
|
Att: 27
Exhibit A-26,
|
||
|
Att: 28
Exhibit A-27,
|
||
|
Att: 29
Exhibit A-28,
|
||
|
Att: 30
Exhibit A-29
|
||
| Wednesday, July 26, 2017 | ||
| 37 | 37
notice
Notice of Hearing on Motion
Wed 07/26 4:47 PM
NOTICE of Hearing on Motion re:32 MOTION for Discovery Motion Hearing set for 8/31/2017 at 02:30 PM in ATLA Courtroom 2105 before Judge Richard W. Story. (dgr) |
|
| Thursday, December 29, 2016 | ||
|
utility
Submission to District Judge
Thu 12/29 9:18 AM
Submission of32 MOTION for Discovery. Submitted to District Judge Richard W. Story. (bdb) |
||
| Wednesday, December 28, 2016 | ||
| 36 | 36
respm
Reply Brief
Wed 12/28 9:55 PM
REPLY BRIEF re32 MOTION for Discovery filed by Dan McSwain, Keith McSwain. (Wilson, G.) |
|
| 35 | 35
notice
Notice of Filing
Wed 12/28 9:44 PM
NOTICE Of Filing Declaration of Mitchell Butler by Dan McSwain, Keith McSwain(Wilson, G.) |
|
|
Att: 1
Exhibit Declaration of Mitchell Butler
|
||
| Wednesday, December 14, 2016 | ||
| 34 | 34
respm
Response in Opposition to Motion
Wed 12/14 6:16 PM
RESPONSE in Opposition re32 MOTION for Discovery filed by United States Department of Agriculture, Tom Vilsack. (Swinton, Nathan) |
|
| Thursday, December 08, 2016 | ||
| 33 | 33
misc
Transcript
Fri 12/09 9:00 AM
TRANSCRIPT of the Scheduling Conference Hearing Proceedings held on September 1, 2016, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2016. Redacted Transcript Deadline set for 1/9/2017. Release of Transcript Restriction set for 3/8/2017. (kac) |
|
|
Att: 1
Notice of Filing of Official Transcript
|
||
| Wednesday, November 30, 2016 | ||
| 32 | 32
motion
Discovery
Wed 11/30 7:14 PM
MOTION for Discovery with Brief In Support by Dan McSwain, Keith McSwain.(Wilson, G.) |
|
|
Att: 1
Exhibit Exhibit A - Text Messages,
|
||
|
Att: 2
Exhibit Exhibit B - E-mails
|
||
| Tuesday, November 29, 2016 | ||
| 31 | 31
notice
Notice (Other)
Tue 11/29 10:08 PM
NOTICE by United States Department of Agriculture, Tom Vilsack(Swinton, Nathan) |
|
|
Att: 1
APHIS letter to show management
|
||
| Monday, October 31, 2016 | ||
| 30 | 30
notice
Notice (Other)
Mon 10/31 10:06 PM
NOTICE by United States Department of Agriculture, Tom Vilsack of Lodging of the Administrative Record(Swinton, Nathan) |
|
|
Att: 1
Index to Administrative Record,
|
||
|
Att: 2
Certification of the Administrative Record
|
||
| Friday, September 02, 2016 | ||
| 29 | 29
order
Order
Fri 09/02 3:16 PM
ORDER that Defendants are hereby ORDERED to submit the administrative record within sixty (60) days of the date of the hearing. Plaintiffs will then be permitted thirty (30) days to file any objections to the scope of the record. If Plaintiffs wish to have the record supplemented or to engage in additional discovery, they must submit any requests to the Court at that time. Signed by Judge Richard W. Story on 9/2/2016. (bdb) |
|
| Thursday, September 01, 2016 | ||
| 28 | 28
minutes
Scheduling Conference
Thu 09/01 4:15 PM
Minute Entry for proceedings held before Judge Richard W. Story: Scheduling Conference held on 9/1/2016 and concluded. (Court Reporter Amanda Lohnaas)(bdb) |
|
| Tuesday, August 30, 2016 | ||
| 27 | 27
notice
Notice (Other)
Tue 08/30 5:53 PM
NOTICE by Dan McSwain, Keith McSwain re26 Notice (Other) of Plaintiff's Position Statement in Opposition to Defendants' Request to Limit Discovery to the Administrative Record(Wilson, G.) |
|
|
Att: 1
Exhibit Exhibit A,
|
||
|
Att: 2
Errata Exhibit B
|
||
| 26 | 26
notice
Notice (Other)
Tue 08/30 2:18 PM
NOTICE by United States Department of Agriculture, Tom Vilsack of Defendant's Position (Swinton, Nathan) |
|
| Wednesday, July 27, 2016 | ||
| 25 | 25
misc
Transcript
Wed 07/27 2:27 PM
TRANSCRIPT of the Preliminary Injunction Hearing Proceedings held on May 10, 2016, before Judge Richard W. Story. Court Reporter/Transcriber Amanda Lohnaas, Telephone number 404-215-1546. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2016. Redacted Transcript Deadline set for 8/29/2016. Release of Transcript Restriction set for 10/25/2016. (kac) |
|
|
Att: 1
Notice of Filing of Official Transcript
|
||
| Friday, July 22, 2016 | ||
|
notice
Notice of Hearing
Fri 07/22 10:24 AM
NOTICE of Hearing: Scheduling Conference set for 9/1/2016 at 03:00 PM in ATLA Courtroom 2105 before Judge Richard W. Story. (rag) |
||
| Tuesday, July 12, 2016 | ||
| 24 | 24
notice
Notice (Other)
Tue 07/12 4:34 PM
NOTICE by United States Department of Agriculture, Tom Vilsack of Leave of Absence from July 25-29, 2016 and again from August 15-23, 2016. (Swinton, Nathan) Modified to add dates on 7/13/2016 (bdb). |
|
| Friday, July 01, 2016 | ||
| 23 | 23
answer
Answer to Complaint
Fri 07/01 10:27 AM
Amended ANSWER to1 COMPLAINT by United States Department of Agriculture, Tom Vilsack.(Swinton, Nathan) |
|
| Monday, June 20, 2016 | ||
| 22 | 22
55
pgs
answer
Answer to Amended Complaint
Mon 06/20 11:39 PM
ANSWER to5 Amended Complaint by United States Department of Agriculture, Tom Vilsack. Discovery ends on 11/17/2016.(Swinton, Nathan) |
|
| 21 | 21
notice
Notice of Appearance
Mon 06/20 11:09 AM
NOTICE of Appearance by Nathan M. Swinton on behalf of United States Department of Agriculture, Tom Vilsack (Swinton, Nathan) |
|
| Wednesday, May 25, 2016 | ||
| 20 | 20
20
pgs
order
Order on Motion for Preliminary Injunction
Wed 05/25 3:32 PM
ORDER declaring that Plaintiffs have met their burden to show a substantial likelihood of success on the merits of their claim that Defendants enforcement of the HPA violates the Due Process clause of the Fifth Amendment. The Court GRANTS Plaintiffs9 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from disqualifying Plaintiffs horse, Honors, under the Scar Rule without providing Plaintiffs with adequate pre-deprivation process, including notice and the opportunity to be heard. Signed by Judge Richard W. Story on 05/25/2016.(rsg) |
|
| Thursday, May 19, 2016 | ||
| 19 | 19
10
pgs
notice
Notice of Filing
Thu 05/19 5:10 PM
NOTICE Of Filing Defendants Submission Pursuant to Order of the Court by United States Department of Agriculture, Tom Vilsack(Coty, Darcy) |
|
|
Att: 1
4 pgs
Defendants' Proposed Procedures Applicable to VMO Soring Determinations of Plaintiffs Horse Honors
|
||
| 18 | 18
5
pgs
notice
Notice of Filing
Thu 05/19 4:36 PM
PROPOSED ORDER Granting Entry of Preliminary Injunction by Dan McSwain, Keith McSwain re9 MOTION for Preliminary Injunction.(Wood, L.) Modified on 5/20/2016 to correct text of docket entry (sk). |
|
|
Att: 1
16 pgs
Text of Proposed Order Exhibit A
|
||
| Tuesday, May 10, 2016 | ||
| 17 | 17
1
pgs
minutes
Motion Hearing
Tue 05/10 1:16 PM
Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 5/10/2016 re9 MOTION for Preliminary Injunction filed by Keith McSwain, Dan McSwain. Motion taken under advisement. Parties to submit a status report no later than 05/13/16. (Court Reporter Amanda Lohnaas)(sk) |
|
| 16 | 16
4
pgs
notice
Notice of Appearance
Tue 05/10 10:01 AM
NOTICE of Appearance by Darcy F. Coty on behalf of United States Department of Agriculture, Tom Vilsack (Coty, Darcy) |
|
| 15 | 15
3
pgs
notice
Notice of Filing
Tue 05/10 9:21 AM
NOTICE Of Filing Declaration of Bart Sutherland by United States Department of Agriculture, Tom Vilsack(Coty, Darcy) |
|
|
Att: 1
5 pgs
Sutherland Declaration,
|
||
|
Att: 2
11 pgs
Sutherland Exhibits
|
||
| 14 | 14
3
pgs
notice
Notice of Filing
Tue 05/10 9:03 AM
NOTICE Of Filing Declaration of Jeffrey Baker by United States Department of Agriculture, Tom Vilsack(Coty, Darcy) |
|
|
Att: 1
5 pgs
Baker Declaration,
|
||
|
Att: 2
8 pgs
Baker Exhibits
|
||
| 13 | 13
3
pgs
notice
Notice of Filing
Tue 05/10 8:42 AM
NOTICE Of Filing Declaration of Eileen Sullivan by United States Department of Agriculture, Tom Vilsack(Coty, Darcy) |
|
|
Att: 1
3 pgs
Sullivan signed Declaration,
|
||
|
Att: 2
52 pgs
exhibit 1,
|
||
|
Att: 3
69 pgs
exhibit 2,
|
||
|
Att: 4
8 pgs
exhibit 3,
|
||
|
Att: 5
56 pgs
exhibit 4,
|
||
|
Att: 6
35 pgs
exhibit 5,
|
||
|
Att: 7
11 pgs
exhibit 6,
|
||
|
Att: 8
14 pgs
exhibit 7,
|
||
|
Att: 9
20 pgs
exhibit 8,
|
||
|
Att: 10
12 pgs
exhibit 9
|
||
| Monday, May 09, 2016 | ||
| 12 | 12
31
pgs
respm
Response in Opposition to Motion
Mon 05/09 5:12 PM
RESPONSE in Opposition re9 MOTION for Preliminary Injunction filed by United States Department of Agriculture, Tom Vilsack.(Coty, Darcy) |
|
|
Att: 1
52 pgs
exhibit 1,
|
||
|
Att: 2
69 pgs
exhibit 2,
|
||
|
Att: 3
4 pgs
exhibit 3,
|
||
|
Att: 4
55 pgs
exhibit 4,
|
||
|
Att: 5
31 pgs
exhibit 5,
|
||
|
Att: 6
exhibit 6,
|
||
|
Att: 7
exhibit 7,
|
||
|
Att: 8
exhibit 8,
|
||
|
Att: 9
exhibit 9,
|
||
|
Att: 10
exhibit 10,
|
||
|
Att: 11
exhibit 11
|
||
| 11 | 11
26
pgs
respm
Response in Opposition to Motion
Mon 05/09 4:30 PM
RESPONSE in Opposition re9 MOTION for Preliminary Injunction filed by United States Department of Agriculture, Tom Vilsack. (Coty, Darcy) |
|
| Wednesday, April 27, 2016 | ||
|
notice
Notice of Hearing on Motion
Wed 04/27 7:42 AM
NOTICE of Hearing on Motion re:9 MOTION for Preliminary Injunction. Motion Hearing set for 5/10/2016 at 10:30 AM in ATLA Courtroom 2105 before Judge Richard W. Story. (rag) |
||
| Monday, April 25, 2016 | ||
| 10 | 10
service
Electronic Summons Issued
Mon 04/25 2:05 PM
Electronic Summons Re-Issued as to United States Department of Agriculture, Tom Vilsack.(sk) |
|
|
Att: 1
2 pgs
Summons - Tom Vilsack
|
||
| Friday, April 22, 2016 | ||
| 9 | 9
8
pgs
motion
Preliminary Injunction
Fri 04/22 6:22 PM
MOTION for Preliminary Injunction with Brief In Support by Dan McSwain, Keith McSwain.(Wood, L.) |
|
|
Att: 1
30 pgs
Brief in Support of Motion for Preliminary Injunction
|
||
| Thursday, April 21, 2016 | ||
| 8 | 8
2
pgs
service
Proposed Summons
Thu 04/21 12:44 PM
PROPOSED SUMMONS filed by Dan McSwain, Keith McSwain to TOM VILSACK, THE UNITED STATES SECRETARY OF AGRICULTURE (Wood, L.) |
|
| 7 | 7
2
pgs
service
Proposed Summons
Thu 04/21 12:42 PM
PROPOSED SUMMONS filed by Dan McSwain, Keith McSwain to UNITED STATES DEPARTMENT OF AGRICULTURE (Wood, L.) |
|
| 6 | 6
5
pgs
misc
Certificate of Interested Persons
Thu 04/21 11:57 AM
Certificate of Interested Persons by Dan McSwain, Keith McSwain. (Wood, L.) |
|
| 5 | 5
55
pgs
cmp
Amended Complaint
Thu 04/21 11:55 AM
First AMENDED COMPLAINT FOR EQUITABLE RELIEF against United States Department of Agriculture, Tom Vilsack, filed by Dan McSwain, Keith McSwain.(Wood, L.) |
|
|
Att: 1
1 pgs
Affidavit Verification of K. McSwain,
|
||
|
Att: 2
1 pgs
Affidavit Verification of D. McSwain,
|
||
|
Att: 3
7 pgs
Exhibit A - Dr. Strombergs 2015 Report on Tennessee Walking Horse Skin Biopsy Project,
|
||
|
Att: 4
4 pgs
Exhibit B - Official Warning for Honors Alleged Scar Rule Violation,
|
||
|
Att: 5
3 pgs
Exhibit C - Kevin Shea October 11, 2012 Letter,
|
||
|
Att: 6
4 pgs
Exhibit D - Mitchell Butler Affidavit on DQP Training,
|
||
|
Att: 7
3 pgs
Exhibit E - January 14, 2014 E-mail Chain Regarding Cezar as Insider Contact,
|
||
|
Att: 8
8 pgs
Exhibit F - Dr. Stephen Mullins Affidavit,
|
||
|
Att: 9
3 pgs
Exhibit G - Dr. Strombergs 2014 Report Tennessee Walking Horses,
|
||
|
Att: 10
3 pgs
Exhibit H - LSU School of Veterinary Medicines Report on Honors,
|
||
|
Att: 11
2 pgs
Exhibit I - Excerpt of Dr. Schumachers Report on Scarring,
|
||
|
Att: 12
2 pgs
Summons Summons to USDA,
|
||
|
Att: 13
2 pgs
Summons Summons to T. Vilsack,
|
||
|
Att: 14
2 pgs
Civil Cover Sheet Civil Cover Sheet
|
||
| 4 | 4
4
pgs
notice
Notice of Filing
Thu 04/21 11:32 AM
NOTICE Of Filing Verified Amended Complaint Pursuant to Rule 15(a) by Dan McSwain, Keith McSwain(Wood, L.) |
|
|
Att: 1
95 pgs
Exhibit Amended Complaint with Exhibits
|
||
| Monday, April 18, 2016 | ||
| 3 | 3
notice
Notice of Filing
Mon 04/18 1:26 PM
Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag) |
|
|
utility
Submission to District Judge
Mon 04/18 11:38 AM
Submission of1 Complaint to District Judge Richard W. Story. (rjs) |
||
| Friday, April 15, 2016 | ||
| 2 | 2
service
Electronic Summons Issued
Mon 04/18 11:37 AM
Electronic Summons Issued as to United States Department of Agriculture.(rjs) |
|
|
Att: 1
Summons Attorney General of The United States,
|
||
|
Att: 2
Summons The United States Attorney's Office,
|
||
|
Att: 3
Summons US Attorney's Office Civil-Process Clerk
|
||
| 1 | 1
55
pgs
cmp
Complaint
Mon 04/18 11:26 AM
COMPLAINT filed by Dan McSwain and Keith McSwain. ( Filing fee $ 400 receipt number 113E-6404498.)(rjs) |
|
|
Att: 1
Affidavit Verification of Keith McSwain,
|
||
|
Att: 2
Affidavit Verification of Dan McSwain,
|
||
|
Att: 3
Exhibit A,
|
||
|
Att: 4
Exhibit B,
|
||
|
Att: 5
Exhibit C,
|
||
|
Att: 6
Exhibit D,
|
||
|
Att: 7
Exhibit E,
|
||
|
Att: 8
Exhibit F,
|
||
|
Att: 9
Exhibit G,
|
||
|
Att: 10
Exhibit H,
|
||
|
Att: 11
Exhibit I,
|
||
|
Att: 12
2 pgs
Civil Cover Sheet
|
||