This case was last updated from PACER on 10/05/2018 at 08:00:12 (UTC).

Texas Retailers Association v. United States Department of Agriculture

Case Summary

On 08/06/2018 Texas Retailers Association filed an Other - Administrative Procedure Act lawsuit against United States Department of Agriculture. This case was filed in U.S. District Courts, Texas Western District. The Judges overseeing this case are Lee Yeakel and David A. Ezra. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-00659

  • Filing Date:

    08/06/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Administrative Procedure Act

  • Courthouse:

    Texas Western District

Judge Details

Presiding Judges

Lee Yeakel

David A. Ezra

 

Party Details

Plaintiff

Texas Retailers Association

Defendant

United States Department of Agriculture

Attorney/Law Firm Details

Plaintiff Attorneys

Jennifer Sheffield Freel

Attorney at Vinson & Elkins L.L.P.

2801 Via Fortuna, Suite 100

Austin, TX 78746

Allison Lee Fuller

Attorney at Vinson & Elkins LLP

1001 Fannin Street, Suite 2500

Houston, TX 77002-6760

Jason M. Powers

Attorney at Vinson & Elkins, L.L.P.

1001 Fannin Street, Suite 2500

Houston, TX 77002-6760

Defendant Attorneys

James Edward Dingivan

Attorney at U.S. Attorney's Office

601 Nw Loop 410, Suite 600

San Antonio, TX 78216

Charles Kneeland Cooper, IV

Attorney at U.S. Attorney's Office

816 Congress Avenue, 10Th Floor

Austin, TX 78701

 

Court Documents

#28

(#28) ORDER STAYING CASE. Signed by Judge David A. Ezra. (lt) (Entered: 09/26/2018)

#27

(#27) NOTICE to the Court Regarding Stay of Case by Texas Retailers Association (Fuller, Allison) (Entered: 09/21/2018)

#26

(#26) NOTICE To the Court Regarding Stay of Case by United States Department of Agriculture re #25 Status Report Order, (Cooper, Charles) (Entered: 09/19/2018)

#25

(#25) ORDER that on or before Friday, September 21, 2018, the parties must file a status report or reports on the docket of this Court, providing information as to the status of this case in light of the Supreme Court's stay in Argus Leader. Status Report due by 9/21/2018. Signed by Judge David A. Ezra. (lt) (Entered: 09/07/2018)

24 #1

Exhibit Supreme Court Order in FMI v. Argus Leader Media

#24

(#24) NOTICE of Order Recalling and Staying Mandate in Eighth Circuit Proceeding by Texas Retailers Association (Attachments: #1 Exhibit Supreme Court Order in FMI v. Argus Leader Media)(Fuller, Allison) (Entered: 08/29/2018)

#23

(#23) Order for Scheduling Recommendations/Proposed Scheduling Order due by 9/28/2018. Signed by Judge David A. Ezra. (lt) (Entered: 08/29/2018)

#22

(#22) AMENDED COMPLAINT against United States Department of Agriculture amending #1 Complaint., filed by Texas Retailers Association.(Freel, Jennifer) (Entered: 08/28/2018)

14 #6

Exhibit 6 Benefield Declaration

4 #7

Exhibit 7

4 #6

Exhibit 6

4 #5

Exhibit 5

4 #4

Exhibit 4

4 #3

Exhibit 3

#3

(#3) Summons Issued as to United States Department of Agriculture. (afd) (Entered: 08/06/2018)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by Texas Retailers Association. (Freel, Jennifer) (Entered: 08/06/2018)

1 #1

Civil Cover Sheet

#1

(#22) AMENDED COMPLAINT against United States Department of Agriculture amending #1 Complaint., filed by Texas Retailers Association.(Freel, Jennifer) (Entered: 08/28/2018)

54 More Documents Available

 

Docket Entries

  • 09/26/2018
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  • (#28) ORDER STAYING CASE. Signed by Judge David A. Ezra. (lt) (Entered: 09/26/2018)

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  • 09/21/2018
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  • (#27) NOTICE to the Court Regarding Stay of Case by Texas Retailers Association (Fuller, Allison) (Entered: 09/21/2018)

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  • 09/19/2018
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  • (#26) NOTICE To the Court Regarding Stay of Case by United States Department of Agriculture re #25 Status Report Order, (Cooper, Charles) (Entered: 09/19/2018)

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  • 09/07/2018
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  • (#25) ORDER that on or before Friday, September 21, 2018, the parties must file a status report or reports on the docket of this Court, providing information as to the status of this case in light of the Supreme Court's stay in Argus Leader. Status Report due by 9/21/2018. Signed by Judge David A. Ezra. (lt) (Entered: 09/07/2018)

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  • 08/29/2018
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  • (#24) NOTICE of Order Recalling and Staying Mandate in Eighth Circuit Proceeding by Texas Retailers Association (Attachments: #1 Exhibit Supreme Court Order in FMI v. Argus Leader Media)(Fuller, Allison) (Entered: 08/29/2018)

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  • 08/29/2018
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  • (#23) Order for Scheduling Recommendations/Proposed Scheduling Order due by 9/28/2018. Signed by Judge David A. Ezra. (lt) (Entered: 08/29/2018)

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  • 08/28/2018
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  • (#22) AMENDED COMPLAINT against United States Department of Agriculture amending #1 Complaint., filed by Texas Retailers Association.(Freel, Jennifer) (Entered: 08/28/2018)

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  • 08/27/2018
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  • (#21) ORDER GRANTING TRA's #14 Motion for Preliminary Injunction. ORDER that the $1,000 bond previously posted by TRA to support the Temporary Restraining Order is hereby retained as security for and applied to this Preliminary Injunction. ORDER RESTRAINING and ENJOINING the USDA as follows. Signed by Judge David A. Ezra. (lt) (Entered: 08/27/2018)

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  • 08/24/2018
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  • (#20) Transcript filed of Proceedings held on 8/23/18, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Angela Hailey, Telephone number: 2102445048. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 9/14/2018, Redacted Transcript Deadline set for 9/24/2018, Release of Transcript Restriction set for 11/22/2018, (Hailey, Angela) (Entered: 08/24/2018)

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  • 08/23/2018
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  • (#19) Minute Entry for proceedings held before Judge David A. Ezra: Motion Hearing held on 8/23/2018 re #14 MOTION for Preliminary Injunction filed by Texas Retailers Association. Separate Order Will Be Issued. (Minute entry documents are not available electronically.) (Court Reporter Angela Hailey.)(lt) (Entered: 08/24/2018)

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10 More Docket Entries
  • 08/08/2018
  • Set/Reset Hearings: Preliminary Injunction Hearing set for 8/21/2018 02:00 PM before Judge Lee Yeakel. (td) (Entered: 08/08/2018)

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  • 08/08/2018
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  • (#8) ORDER GRANTING #6 Motion for TRO. Signed by Judge Lee Yeakel. (td) (Entered: 08/08/2018)

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  • 08/08/2018
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  • (#7) Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 8/8/2018 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(td) (Entered: 08/08/2018)

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  • 08/07/2018
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  • (#6) Amended MOTION for Temporary Restraining Order by Texas Retailers Association. (Attachments: #1 Proposed Order, #2 Exhibit D.S.D. Order, #3 Exhibit USDA Memorandum, #4 Exhibit 8th Cir. Opinion, #5 Exhibit USDA Announcement, #6 Exhibit Declaration, #7 Exhibit Declaration)(Freel, Jennifer) (Entered: 08/07/2018)

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  • 08/07/2018
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  • (#5) SUMMONS Returned Executed by Texas Retailers Association. United States Department of Agriculture served on 8/7/2018, answer due 10/8/2018. (Freel, Jennifer) (Entered: 08/07/2018)

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  • 08/07/2018
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  • (#4) MOTION for Temporary Restraining Order by Texas Retailers Association. (Attachments: #1 Proposed Order Ex. 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Freel, Jennifer) (Entered: 08/07/2018)

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  • 08/06/2018
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  • (#3) Summons Issued as to United States Department of Agriculture. (afd) (Entered: 08/06/2018)

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  • 08/06/2018
  • Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (afd) (Entered: 08/06/2018)

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  • 08/06/2018
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  • (#2) REQUEST FOR ISSUANCE OF SUMMONS by Texas Retailers Association. (Freel, Jennifer) (Entered: 08/06/2018)

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  • 08/06/2018
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  • (#1) COMPLAINT ( Filing fee $ 400 receipt number 0542-11085421), filed by Texas Retailers Association. (Attachments: #1 Civil Cover Sheet)(Freel, Jennifer) (Entered: 08/06/2018)

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