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Case TitlePUBLIC CITIZEN HEALTH RESEARCH GROUP v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv00454
Date Filed2016-03-08
Date Closed2017-07-12
JudgeJudge Randolph D. Moss
PlaintiffPUBLIC CITIZEN HEALTH RESEARCH GROUP
Case DescriptionPublic Citizen Health Research Group submitted five FOIA requests to NIH for records concerning two clinical trials supported by NIH grants testing experimental treatments in extremely premature babies. NIH acknowledged receipt of all five requests and responded to four of them, disclosing hundreds of pages in response to several of them. Since one request asked for discussions between NIH and HHS concerning the clinical trials, NIH told Public Citizen that it did not the authority to disclose records that originated with HHS and that it would refer that portion of the request to HHS for possible response. NIH had not responded to Public Citizen's fifth request when Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-03-081COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-4440142) filed by PUBLIC CITIZEN HEALTH RESEARCH GROUP. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Clattenburg, Rachel) (Entered: 03/08/2016)
2016-03-08Case Assigned to Judge Randolph D. Moss. (jd) (Entered: 03/09/2016)
2016-03-092SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(jd) (Entered: 03/09/2016)
2016-03-093STANDING ORDER: The parties shall comply with the directives in the attached Standing Order. See Order for details. Signed by Judge Randolph D. Moss on 3/9/2016. (lcrdm2, ) (Entered: 03/09/2016)
2016-03-094RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/9/2016. Answer due for ALL FEDERAL DEFENDANTS by 4/8/2016. (Clattenburg, Rachel) (Entered: 03/09/2016)
2016-03-105LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN HEALTH RESEARCH GROUP (Clattenburg, Rachel) (Entered: 03/10/2016)
2016-03-156NOTICE of Appearance by Marian L. Borum on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Borum, Marian) (Entered: 03/15/2016)
2016-03-227RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/15/2016. (Attachments: # 1 Exhibit)(Clattenburg, Rachel) (Entered: 03/22/2016)
2016-04-088ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Borum, Marian) (Entered: 04/08/2016)
2016-04-09MINUTE ORDER: The parties shall appear for a status conference on April 18, 2016, at 10:00 a.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 4/9/2016. (lcrdm2, ) (Entered: 04/09/2016)
2016-04-119MOTION to Continue Status Conference by PUBLIC CITIZEN HEALTH RESEARCH GROUP (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 04/11/2016)
2016-04-11MINUTE ORDER: Plaintiff's motion to continue the status conference 9 is hereby GRANTED. The status conference currently scheduled for April 18, 2016, is hereby VACATED and RESCHEDULED for April 29, 2016, at 10:00 a.m. Signed by Judge Randolph D. Moss on 4/11/2016. (lcrdm2, ) (Entered: 04/11/2016)
2016-04-11Set/Reset Hearing: A Status Conference is set for 4/29/2016, at 10:00 AM, in Courtroom 21 before Judge Randolph D. Moss. (kt) (Entered: 04/11/2016)
2016-04-1210NOTICE of Appearance by Adina Rosenbaum on behalf of PUBLIC CITIZEN HEALTH RESEARCH GROUP (Rosenbaum, Adina) (Entered: 04/12/2016)
2016-04-29Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 4/29/2016. Order forthcoming. (Court Reporter: Jeff Hook). (kt) (Entered: 04/29/2016)
2016-04-29MINUTE ORDER: For the reasons stated on the record during the April 29, 2016 status conference, Defendant shall notify the Court on or before May 4, 2016, whether the schedule for production and briefing discussed during the status conference, in which Defendant will produce all responsive records by August 31, 2016, is acceptable to Defendant, or whether Defendant would prefer briefing to take place in two stages. Signed by Judge Randolph D. Moss on 4/29/2016. (lcrdm2, ) (Entered: 04/29/2016)
2016-04-29Set/Reset Deadlines: Defendant shall notify the Court on or before 5/4/2016 whether the schedule for production and briefing discussed during the status conference, in which Defendant will produce all responsive records by 8/31/2016, is acceptable to Defendant. (kt) (Entered: 04/29/2016)
2016-05-0311NOTICE to the Court by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Borum, Marian) (Entered: 05/03/2016)
2016-05-03MINUTE ORDER: Upon consideration of Defendant's notice 11 , the Court hereby ORDERS that the parties comply with the following briefing schedule: (1) Defendant shall produce all responsive records to Plaintiff on or before August 31, 2016. (2) Defendant shall file a Vaughn index and may file a motion for summary judgment on or before October 14, 2016. (3) Plaintiff may file a combined cross-motion for summary judgment and opposition to Defendant's motion for summary judgment on or before November 14, 2016. (4) Defendant may file a combined opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before December 14, 2016. (5) Plaintiff may file a reply in support of its cross-motion for summary judgment on or before December 30, 2016. If the parties wish to modify the briefing schedule after Defendant's production of responsive records, they may file a joint motion to that effect. Signed by Judge Randolph D. Moss on 5/3/2016. (lcrdm2, ) (Entered: 05/03/2016)
2016-05-03Set/Reset Deadlines: Defendant shall produce all responsive records to Plaintiff on or before 8/31/2016; Defendant shall file a Vaughn index and may file a motion for summary judgment on or before 10/14/2016; Plaintiff may file a combined cross-motion for summary judgment and opposition to Defendant's motion for summary judgment on or before 11/14/2016; Defendant may file a combined opposition to Plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 12/14/2016; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 12/30/2016. (kt) (Entered: 05/03/2016)
2016-10-0612Consent MOTION for Extension of Time to File by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/06/2016)
2016-10-06MINUTE ORDER: Upon consideration of defendant's consent motion for an extension of time 12 , the motion is GRANTED, and it is hereby ORDERED that defendant may submit its Vaughn index and motion for summary judgment on or before November 4, 2016. Signed by Judge Randolph D. Moss on 10/6/2016. (lcrdm2, ) (Entered: 10/06/2016)
2016-10-07Set/Reset Deadlines: Defendant may submit its Vaughn index and motion for summary judgment on or before 11/4/2016. (kt) (Entered: 10/07/2016)
2016-10-0713Joint MOTION to Modify Briefing Schedule by PUBLIC CITIZEN HEALTH RESEARCH GROUP (Attachments: # 1 Text of Proposed Order)(Clattenburg, Rachel) (Entered: 10/07/2016)
2016-10-10MINUTE ORDER: Upon consideration of the joint motion to modify the briefing schedule 13 , the motion is GRANTED, and it is hereby ORDERED that defendant may submit its motion for summary judgment and Vaughn index on or before November 4, 2016; plaintiff may submit its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before December 5, 2016; defendant may submit a combined opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before January 12, 2017; and plaintiff may submit its reply in support of its motion for summary judgment on or before January 27, 2017. Signed by Judge Randolph D. Moss on 10/10/2016. (lcrdm2, ) (Entered: 10/10/2016)
2016-10-11Set/Reset Deadlines: Defendant may submit its motion for summary judgment and Vaughn index on or before 11/4/2016; Plaintiff may submit its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 12/5/2016; Defendant may submit a combined opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 1/12/2017; Plaintiff may submit its reply in support of its motion for summary judgment on or before 1/27/2017. (kt) (Entered: 10/11/2016)
2016-11-0314Consent MOTION for Extension of Time to File by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 11/03/2016)
2016-11-09MINUTE ORDER: Upon consideration of the consent motion for an extension of time 14 , the motion is GRANTED, and it is hereby ORDERED that defendant may file its Vaughn index and motion for summary judgment on or before December 6, 2016; that plaintiff may file a combined cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before January 12, 2017; that defendant may file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before February 2, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before February 23, 2017. Signed by Judge Randolph D. Moss on 11/9/2016. (lcrdm2, ) (Entered: 11/09/2016)
2016-11-09Set/Reset Deadlines: Defendant may file its Vaughn index and motion for summary judgment on or before 12/6/2016; Plaintiff may file a combined cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 1/12/2017; Defendant may file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 2/2/2017; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 2/23/2017. (kt) (Entered: 11/09/2016)
2016-12-0615Consent MOTION for Extension of Time to File by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/06/2016)
2016-12-06MINUTE ORDER: Upon consideration of the consent motion for an extension of time 15 , the motion is GRANTED, and it is hereby ORDERED that defendant may file its Vaughn index and motion for summary judgment on or before January 3, 2017; that plaintiff may file a combined cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before February 7, 2017; that defendant may file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before February 28, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before March 21, 2017. Signed by Judge Randolph D. Moss on 12/6/2016. (lcrdm2, ) (Entered: 12/06/2016)
2016-12-07Set/Reset Deadlines: Defendant may file its Vaughn index and motion for summary judgment on or before 1/3/2017; Plaintiff may file a combined cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 2/7/2017; Defendant may file an opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 2/28/2017; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 3/21/2017. (kt) (Entered: 12/07/2016)
2016-12-3016Consent MOTION for Extension of Time to File by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 12/30/2016)
2016-12-30MINUTE ORDER: Upon consideration of defendant's consent motion for an extension of time, the motion is hereby GRANTED, and it is hereby ORDERED that defendant may file its Vaughn index and motion for summary judgment on or before January 27, 2017; that plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before March 2, 2017; that defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before March 23, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before April 13, 2017. Signed by Judge Randolph D. Moss on 12/30/2016. (lcrdm2, ) (Entered: 12/30/2016)
2017-01-03Set/Reset Deadlines: Defendant may file its Vaughn index and motion for summary judgment on or before 1/27/2017; Plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 3/2/2017; Defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 3/23/2017; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 4/13/2017. (kt) (Entered: 01/03/2017)
2017-01-1717NOTICE OF SUBSTITUTION OF COUNSEL by Alexander Kenneth Haas on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Carl E. Ross (Haas, Alexander) (Entered: 01/17/2017)
2017-01-2318Consent MOTION for Extension of Time to File and to Modify the Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Haas, Alexander) (Entered: 01/23/2017)
2017-01-23MINUTE ORDER: Upon consideration of the consent motion for an extension of time 18 , the motion is hereby GRANTED, and it is hereby ORDERED that defendant may file its Vaughn index and motion for summary judgment on or before March 3, 2017; that plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before April 7, 2017; that defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before April 28, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before May 19, 2017. Signed by Judge Randolph D. Moss on 1/23/2017. (lcrdm2, ) (Entered: 01/23/2017)
2017-01-24Set/Reset Deadlines: Defendant may file its Vaughn index and motion for summary judgment on or before 3/3/2017; Plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 4/7/2017; Defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 4/28/2017; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 5/19/2017. (kt) (Entered: 01/24/2017)
2017-02-2319Consent MOTION for Extension of Time to Regarding the Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Haas, Alexander) (Entered: 02/23/2017)
2017-02-23MINUTE ORDER: Upon consideration of the consent motion for an extension of time 19 , the motion is hereby GRANTED, and it is hereby ORDERED that defendant may file its Vaughn index and motion for summary judgment on or before March 24, 2017; that plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before April 28, 2017; that defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before May 19, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before June 9, 2017. Signed by Judge Randolph D. Moss on 2/23/2017. (lcrdm2, ) (Entered: 02/23/2017)
2017-02-24Set/Reset Deadlines: Defendant may file its Vaughn index and motion for summary judgment on or before 3/24/2017; Plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 4/28/2017; Defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 5/19/2017; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 6/9/2017. (kt) (Entered: 02/24/2017)
2017-03-0620NOTICE OF SUBSTITUTION OF COUNSEL by Scott Leeson Sroka on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Alexander K. Haas (Sroka, Scott) (Entered: 03/06/2017)
2017-03-2221Consent MOTION for Extension of Time to Modify the Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Sroka, Scott) (Entered: 03/22/2017)
2017-03-22MINUTE ORDER: Upon consideration of the consent motion for an extension of time 21 , the motion is hereby GRANTED, and it is hereby ORDERED that defendant may file its Vaughn index and motion for summary judgment on or before April 7, 2017; that plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before May 12, 2017; that defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before June 2, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before June 23, 2017. Signed by Judge Randolph D. Moss on 3/22/2017. (lcrdm2, ) (Entered: 03/22/2017)
2017-03-22Set/Reset Deadlines: Defendant may file its Vaughn index and motion for summary judgment on or before 4/7/2017; Plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before 5/12/2017; Defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before 6/2/2017; Plaintiff may file a reply in support of its cross-motion for summary judgment on or before 6/23/2017. (kt) (Entered: 03/22/2017)
2017-04-0722MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Statement of Facts Not In Genuine Dispute, # 2 Memorandum in Support of Motion for Summary Judgment, # 3 Declaration of Michael Marquis with Exhibits, # 4 Declaration of Michael Lauer, # 5 Declaration of Jeffrey Drazen with Exhibit, # 6 Declaration of Howard Bauchner, # 7 Declaration of Lewis First, # 8 Declaration of David Bull with Exhibits, # 9 Declaration of Luke Verillo with Exhibits)(Sroka, Scott) (Entered: 04/07/2017)
2017-04-1423NOTICE OF WITHDRAWAL OF APPEARANCE as to PUBLIC CITIZEN HEALTH RESEARCH GROUP. Attorney Rachel M. Clattenburg terminated. (Clattenburg, Rachel) (Entered: 04/14/2017)
2017-05-0924Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by PUBLIC CITIZEN HEALTH RESEARCH GROUP (Rosenbaum, Adina) (Entered: 05/09/2017)
2017-05-10MINUTE ORDER: Upon consideration of plaintiff's consent motion for an extension of time 24 , the motion is hereby GRANTED, and it is hereby ORDERED that plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before June 12, 2017; that defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before July 3, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before July 24, 2017. Signed by Judge Randolph D. Moss on 5/10/17. (lcrdm2, ) (Entered: 05/10/2017)
2017-05-10Set/Reset Deadlines: Plaintiff's cross-motion for summary judgment and opposition to defendant's motion for summary judgment due on or before 6/12/2017; Defendant's opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment due on or before 7/3/2017; Plaintiff's reply in support of its cross-motion for summary judgment due on or before 7/24/2017. (kt) (Entered: 05/10/2017)
2017-06-0725Consent MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by PUBLIC CITIZEN HEALTH RESEARCH GROUP (Rosenbaum, Adina) (Entered: 06/07/2017)
2017-06-07MINUTE ORDER: Upon consideration of plaintiff's consent motion for an extension of time 25 , the motion is hereby GRANTED, and it is hereby ORDERED that plaintiff may file its cross-motion for summary judgment and opposition to defendant's motion for summary judgment on or before July 12, 2017; that defendant may file its opposition to plaintiff's cross-motion for summary judgment and reply in support of its motion for summary judgment on or before August 3, 2017; and that plaintiff may file a reply in support of its cross-motion for summary judgment on or before August 24, 2017. Signed by Judge Randolph D. Moss on 6/7/2017. (lcrdm2, ) (Entered: 06/07/2017)
2017-06-07Set/Reset Deadlines: Plaintiff's Cross Motion due by 7/12/2017. Response to Cross Motion due by 8/3/2017. Reply to Cross Motion due by 8/24/2017. Plaintiff's Response to Motion for Summary Judgment due by 7/12/2017. Reply to Motion for Summary Judgment due by 8/3/2017. (dot) (Entered: 06/09/2017)
2017-07-1126STIPULATION (Joint) of Settlement and Dismissal by PUBLIC CITIZEN HEALTH RESEARCH GROUP. (Rosenbaum, Adina) (Entered: 07/11/2017)
2017-07-12MINUTE ORDER: Upon consideration of the joint stipulation of dismissal 26 , this case is hereby DISMISSED with prejudice. The Clerk is directed to close the case. Signed by Judge Randolph D. Moss on 7/12/2017. (lcrdm2, ) (Entered: 07/12/2017)
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by FOIA Project Staff