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Case TitleDEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00882
Date Filed2019-03-28
Date Closed2022-10-25
JudgeJudge Randolph D. Moss
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning its rulemaking entitled Protecting Statutory Conscience Rights in Health Care Delegations of Authority. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-281COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6028033) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit FOIA request, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Grogg, Adam) (Entered: 03/28/2019)
2019-03-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Grogg, Adam) (Entered: 03/28/2019)
2019-03-29Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 03/29/2019)
2019-03-293SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 03/29/2019)
2019-04-084STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/8/2019. (lcrdm1, ) (Entered: 04/08/2019)
2019-04-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/8/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/8/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/08/2019. (Attachments: # 1 Declaration)(Grogg, Adam) (Entered: 04/15/2019)
2019-04-16NOTICE OF ERROR re 5 Summons Returned Executed as to Federal Defendant; emailed to agrogg@democracyforward.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. The receipts need to be electronically filed in this case. In the future, file them with the return of service entry. (ztd, ) (Entered: 04/16/2019)
2019-05-086NOTICE of Appearance by Christopher Charles Hair on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Hair, Christopher) (Entered: 05/08/2019)
2019-05-087ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Hair, Christopher) (Entered: 05/08/2019)
2019-06-178Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Grogg, Adam) (Entered: 06/17/2019)
2019-06-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 17, 2019. Signed by Judge Randolph D. Moss on 6/20/2019. (lcrdm1, ) (Entered: 06/20/2019)
2019-06-20Set/Reset Deadlines: Joint Status Report due by 7/17/2019. (kt) (Entered: 06/20/2019)
2019-07-179Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 07/17/2019)
2019-07-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 9 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 16, 2019. Signed by Judge Randolph D. Moss on 7/17/2019. (lcrdm1, ) (Entered: 07/17/2019)
2019-07-18Set/Reset Deadlines: Joint Status Report due by 9/16/2019. (kt) (Entered: 07/18/2019)
2019-08-0810NOTICE OF SUBSTITUTION OF COUNSEL by Javier M. Guzman on behalf of DEMOCRACY FORWARD FOUNDATION Substituting for attorney Adam Grogg (Guzman, Javier) (Entered: 08/08/2019)
2019-09-1611Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 09/16/2019)
2019-09-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 15, 2019. Signed by Judge Randolph D. Moss on 9/17/2019. (lcrdm1, ) (Entered: 09/17/2019)
2019-09-17Set/Reset Deadlines: Joint Status Report due by 10/15/2019. (kt) (Entered: 09/17/2019)
2019-10-1512Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 10/15/2019)
2019-10-1613NOTICE of Appearance by Kristen Paige Miller on behalf of DEMOCRACY FORWARD FOUNDATION (Miller, Kristen) (Entered: 10/16/2019)
2019-10-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that: (1) the agency shall make its initial production on or before November 22, 2019, for which it shall process at least 500 potentially responsive pages, and (2) the agency shall thereafter make rolling productions occurring once every two months, for which the agency will process at least 1,000 potentially responsive pages. It is further ORDERED that the parties shall file a further joint status report on or before December 16, 2020. Signed by Judge Randolph D. Moss on 10/17/19. (lcrdm1) (Entered: 10/17/2019)
2019-10-17Set/Reset Deadlines: Joint Status Report due by 12/16/2020. (dot) (Entered: 10/18/2019)
2019-11-2514NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered: 11/25/2019)
2019-12-1615Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 12/16/2019)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-23MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 17, 2020. Signed by Judge Randolph D. Moss on 1/23/20. (lcrdm1) (Entered: 01/23/2020)
2020-02-1716Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 02/17/2020)
2020-02-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further status report on or before April 17, 2020. Signed by Judge Randolph D. Moss on 2/18/20. (lcrdm1) (Entered: 02/18/2020)
2020-04-1717Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 04/17/2020)
2020-06-08MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall submit a further joint status report on or before June 17, 2020. Signed by Judge Randolph D. Moss on 6/8/2020. (lcrdm1) (Entered: 06/08/2020)
2020-06-1718Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Miller, Kristen) (Entered: 06/17/2020)
2020-06-22MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall submit a further joint status report on or before August 17, 2020. Signed by Judge Randolph D. Moss on 6/22/2020. (lcrdm1) (Entered: 06/22/2020)
2020-08-1719Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 08/17/2020)
2020-08-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further status report on or before October 19, 2020. Signed by Judge Randolph D. Moss on 8/18/2020. (lcrdm1) (Entered: 08/18/2020)
2020-10-1920Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 10/19/2020)
2020-10-19MINUTE ORDER: Upon consideration of Parties' joint status report, Dkt. 20 , it is hereby ORDERED that Parties shall file a further joint status report on or before December 17, 2020. Signed by Judge Randolph D. Moss on 10/19/2020. (lcrdm1) (Entered: 10/19/2020)
2020-12-1721Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 12/17/2020)
2020-12-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 17, 2021. Signed by Judge Randolph D. Moss on 12/19/2020. (lcrdm1) (Entered: 12/19/2020)
2021-02-1722Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Miller, Kristen) (Entered: 02/17/2021)
2021-02-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 16, 2021. Signed by Judge Randolph D. Moss on 02/17/2021. (lcrdm1) (Entered: 02/17/2021)
2021-04-1623Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 04/16/2021)
2021-04-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties file a further joint status report on or before June 16, 2021. Signed by Judge Randolph D. Moss on 04/17/2021. (lcrdm1) (Entered: 04/17/2021)
2021-06-1624Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 06/16/2021)
2021-06-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 16, 2021. Signed by Judge Randolph D. Moss on 06/17/2021. (lcrdm1) (Entered: 06/17/2021)
2021-08-18MINUTE ORDER: In light of the parties' failure to provide the Court with a joint status report on August 16, 2021, it is hereby ORDERED that the parties shall provide a joint status report on or before August 25, 2021. Signed by Judge Randolph D. Moss on 08/18/2021. (lcrdm1) (Entered: 08/18/2021)
2021-08-1825Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 08/18/2021)
2021-08-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 16, 2021. Signed by Judge Randolph D. Moss on 08/19/2021. (lcrdm1) (Entered: 08/19/2021)
2021-10-1526Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 10/15/2021)
2021-10-16MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 14, 2021. Signed by Judge Randolph D. Moss on 10/16/2021. (lcrdm1) (Entered: 10/16/2021)
2021-12-1427Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 12/14/2021)
2021-12-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 14, 2022. Signed by Judge Randolph D. Moss on 12/15/2021. (lcrdm1) (Entered: 12/15/2021)
2022-02-1528Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Miller, Kristen) (Entered: 02/15/2022)
2022-02-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 14, 2022. Signed by Judge Randolph D. Moss on 2/15/2022. (lcrdm1) (Entered: 02/15/2022)
2022-04-0829NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Christopher Hair (Jones, Sian) (Entered: 04/08/2022)
2022-04-1330Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Jones, Sian) (Entered: 04/13/2022)
2022-04-13MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 14, 2022. Signed by Judge Randolph D. Moss on 4/13/2022. (lcrdm1) (Entered: 04/13/2022)
2022-06-1431Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Jones, Sian) (Entered: 06/14/2022)
2022-06-16MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 31 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 16, 2022. Signed by Judge Randolph D. Moss on 6/16/2022. (lcrdm1) (Entered: 06/16/2022)
2022-08-1632Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Miller, Kristen) (Entered: 08/16/2022)
2022-08-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 14, 2022. Signed by Judge Randolph D. Moss on 08/17/2022. (lcrdm1) (Entered: 08/17/2022)
2022-10-1433Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Jones, Sian) (Entered: 10/14/2022)
2022-10-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 1, 2022, if they have not stipulated to dismissal prior to that date. Signed by Judge Randolph D. Moss on 10/17/2022. (lcrdm1) (Entered: 10/17/2022)
2022-10-2434STIPULATION of Dismissal Joint by DEMOCRACY FORWARD FOUNDATION. (Miller, Kristen) (Entered: 10/24/2022)
2022-10-24MINUTE ORDER: Upon consideration of the parties' stipulation of dismissal, Dkt. 34 , it is hereby ORDERED that the case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a), with each party to bear its own attorney's fees and costs. Signed by Judge Randolph D. Moss on 10/24/2022. (lcrdm1) (Entered: 10/24/2022)
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