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Case TitleCROSSFIT, INC. et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02296
Date Filed2018-10-04
Date Closed2019-11-25
JudgeJudge Carl J. Nichols
PlaintiffCROSSFIT, INC.
PlaintiffU.S. RIGHT TO KNOW
PlaintiffANDREA MARIA CECIL
Case DescriptionCrossfit, Inc. and U.S. Right to Know submitted FOIA requests to the National Institute of Health and the Centers for Disease Control for records concerning annual reports required under the Public Health Service Act. Both agencies acknowledged receipt of the requests. CDC located 318 responsive pages and made redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Crossfit filed an administrative appeal. After hearing nothing further from either agency, Crossfit filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Defendant2255
DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 Independence Avenue, SW
Washington, DC 20201
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-041COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5722019) filed by CROSSFIT, INC., ANDREA MARIA CECIL, U.S. RIGHT TO KNOW. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification (CrossFit), # 3 Exhibit Rule 7.1 certification (USRTK), # 4 Summons HHS, # 5 Summons USADC, # 6 Summons USAG)(Moss, Bradley) (Entered: 10/04/2018)
2018-10-052LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CROSSFIT, INC. (zmd) (Entered: 10/05/2018)
2018-10-053LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by U.S. RIGHT TO KNOW. (zmd) (Entered: 10/05/2018)
2018-10-05Case Assigned to Judge Emmet G. Sullivan. (zmd) (Entered: 10/05/2018)
2018-10-054ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) Modified on 10/9/2018 (zmd). (Entered: 10/05/2018)
2018-10-09Case randomly reassigned to Judge Royce C. Lamberth. Judge Emmet G. Sullivan is no longer assigned to the case. (ztnr) (Entered: 10/09/2018)
2018-10-09NOTICE OF CORRECTED DOCKET ENTRY: re 4 Summons Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, AUSA and USAG was entered in error. New summons will be processed. (zmd) (Entered: 10/09/2018)
2018-10-095SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) Modified on 10/11/2018 (znmw). (Entered: 10/09/2018)
2018-11-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/15/2018 (Attachments: # 1 Exhibit HHS receipt)(Moss, Bradley) (Entered: 11/13/2018)
2018-11-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/15/2018. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 11/13/2018)
2018-11-138RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/15/2018. Answer due for ALL FEDERAL DEFENDANTS by 11/14/2018. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 11/13/2018)
2018-11-149NOTICE of Appearance by Denise M. Clark on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Clark, Denise) (Entered: 11/14/2018)
2018-11-1410ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Clark, Denise) (Entered: 11/14/2018)
2018-11-2911ORDER directing the government to produce a Vaughn Index due by 12/21/2018 with a supporting motion to dismiss or motion for summary judgment, as appropriate. Signed by Judge Royce C. Lamberth on 11/21/18. (lsj) (Entered: 11/29/2018)
2018-12-1912Unopposed MOTION for Extension of Time to by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Clark, Denise) (Entered: 12/19/2018)
2019-01-2813ORDER granting 12 Motion for Extension of Time; Status Report due by 2/21/2019. Signed by Judge Royce C. Lamberth on 1/28/2019. (lcrcl2) (Entered: 01/28/2019)
2019-02-2114STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 02/21/2019)
2019-03-2015STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 03/20/2019)
2019-04-1016MINUTE ORDER: The Court ORDERS the defendant to file a status report by 4/25/2019. Signed by Judge Royce C. Lamberth on 4/10/2019. (lcrcl1) Modified on 4/11/2019 (zlsj). (Entered: 04/10/2019)
2019-04-2417STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 04/24/2019)
2019-05-2218STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 05/22/2019)
2019-05-2419ORDER. Upon consideration of Defendant's Status Report 18 , and the entire record herein, it is hereby ORDERED that Defendant's next status report is due on August 2, 2019. Signed by Judge Royce C. Lamberth on 05/24/2019. (lcrcl2) Modified to add event title on 5/28/2019 (znmw). (Entered: 05/24/2019)
2019-05-28Set/Reset Deadlines: Status Report due by 8/2/2019 (lsj) (Entered: 05/28/2019)
2019-06-24Case directly reassigned to Judge Carl J. Nichols. Judge Royce C. Lamberth is no longer assigned to the case. (rj) (Entered: 06/24/2019)
2019-08-0220STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 08/02/2019)
2019-08-15MINUTE ORDER. In light of Defendant's 20 Status Report, it is hereby ORDERED that the Parties shall confer and submit a Joint Status Report by October 10, 2019. Signed by Judge Carl J. Nichols on August 15, 2019. (lccjn1) (Entered: 08/15/2019)
2019-08-15Set/Reset Deadlines: Joint Status Report due by 10/10/2019. (mac) (Entered: 08/15/2019)
2019-10-1021Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 10/10/2019)
2019-10-15MINUTE ORDER. Upon review of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties shall file a Joint Status Report by November 13, 2019. Signed by Judge Carl J. Nichols on October 15, 2019. (lccjn2) (Entered: 10/15/2019)
2019-11-1322Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 11/13/2019)
2019-11-13MINUTE ORDER. Upon review of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties shall submit a Joint Status Report by December 12, 2019. Signed by Judge Carl J. Nichols on November 13, 2019. (lccjn2) (Entered: 11/13/2019)
2019-11-13Set/Reset Deadlines/Hearings: Joint Status Report due by 12/12/2019. (zcdw) (Entered: 11/16/2019)
2019-11-2523STIPULATION of Dismissal by ANDREA MARIA CECIL, CROSSFIT, INC., U.S. RIGHT TO KNOW. (Moss, Bradley) (Entered: 11/25/2019)
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