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Case TitlePROTECT DEMOCRACY PROJECT, INC. v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00782
Date Filed2017-04-27
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffPROTECT DEMOCRACY PROJECT, INC.
Case DescriptionThe Protect Democracy Project submitted a FOIA request to the Department of Health and Human Services for records concerning communications between the agency and the Presidential Transition and/or the Trump White House concerning the Affordable Care Act. The Protect Democracy Project also requested a fee waiver. The agency acknowledged receipt of the request. As the result of a query about the request's status, the organization was told that the agency had not yet assigned the request for search purposes. The Protect Democracy Project then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH & 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

2017-04-271COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-4930447) filed by THE PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons)(Sandler, David) (Entered: 04/27/2017)
2017-04-272LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (none) by THE PROTECT DEMOCRACY PROJECT, INC. (Sandler, David) (Entered: 04/27/2017)
2017-04-27Case Assigned to Judge Randolph D. Moss. (sth) (Entered: 04/28/2017)
2017-04-283SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Summons)(sth) (Entered: 04/28/2017)
2017-04-28SUMMONS Not Issued as to U.S. Attorney and U.S. Attorney General (sth) (Entered: 04/28/2017)
2017-05-014STANDING ORDER: The parties are hereby ORDERED to comply with the directives set out in the attached Standing Order. Signed by Judge Randolph D. Moss on 5/1/2017. (lcrdm1, ) (Entered: 05/01/2017)
2017-05-015RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 4/28/2017 (Sandler, David) (Entered: 05/01/2017)
2017-05-086NOTICE of Appearance by Benjamin Leon Berwick on behalf of PROTECT DEMOCRACY PROJECT, INC. (Berwick, Benjamin) (Entered: 05/08/2017)
2017-05-097REQUEST FOR SUMMONS TO ISSUE to the United States Attorney's Office re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Sandler, David) (Entered: 05/09/2017)
2017-05-098REQUEST FOR SUMMONS TO ISSUE to the Attorney General of the United States re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Sandler, David) (Entered: 05/09/2017)
2017-05-109SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(td) (Entered: 05/10/2017)
2017-05-1610ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2017. (Sandler, David) Modified on 5/17/2017 (jf). (Entered: 05/16/2017)
2017-05-1611ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2017. (Sandler, David) Modified on 5/17/2017 (jf). (Entered: 05/16/2017)
2017-05-17NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re 11 Summons Returned Executed in FOIA as to U.S. Attorney, 10 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error due to insufficient proof of service and will be refiled by counsel.(jf) (Entered: 05/17/2017)
2017-05-2412RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2017. (Sandler, David) (Entered: 05/24/2017)
2017-05-2413RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/16/17 (Proof of Acknowledgment Attached). (Sandler, David) (Entered: 05/24/2017)
2017-06-1514ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Halainen, Daniel) (Entered: 06/15/2017)
2017-06-16MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on June 26, 2017, at 10:30 a.m. in Courtroom 21. The parties are further ORDERED to meet and confer prior to the status conference to discuss scheduling for further proceedings. Signed by Judge Randolph D. Moss on 6/16/2017. (lcrdm1, ) (Entered: 06/16/2017)
2017-06-16Set/Reset Hearings: Status Conference set for 6/26/2017, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 06/16/2017)
2017-06-26Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/26/2017. Order forthcoming. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/26/2017)
2017-06-26MINUTE ORDER: At the status conference held on June 26, 2017, the parties represented that Defendant completed its initial search for records responsive to Plaintiff's FOIA request, locating approximately 1,500 pages of responsive records. The parties also agreed to a 60-day rolling production schedule. Accordingly, the Court hereby ORDERS that, on or before August 25, 2017, Defendant shall process the approximately 1,500 pages of responsive records located during its initial search and shall produce those records to Plaintiff, subject to applicable FOIA exemptions. The parties are further ORDERED to file a joint status report on or before September 1, 2017, updating the Court as to whether a further production will be required and what, if any, additional proceedings are necessary. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm1, ) (Entered: 06/26/2017)
2017-06-27Set/Reset Deadlines: On or before 8/25/2017, Defendant's production of records to Plaintiff are due. Joint Status Report due by 9/1/2017. (kt) (Entered: 06/27/2017)
2017-08-2415STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Halainen, Daniel) (Entered: 08/24/2017)
2017-09-0116Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Halainen, Daniel) (Entered: 09/01/2017)
2017-09-01MINUTE ORDER: Upon consideration of the Joint Status Report 16 , the parties are hereby ORDERED to file a further joint status report on or before September 29, 2017. Signed by Judge Randolph D. Moss on 9/1/2017. (lcrdm1, ) (Entered: 09/01/2017)
2017-09-05Set/Reset Deadlines: Joint Status Report due by 9/29/2017. (kt) (Entered: 09/05/2017)
2017-09-2917Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Halainen, Daniel) (Entered: 09/29/2017)
2017-10-02MINUTE ORDER: Upon consideration of the Joint Status Report 17 , the parties are hereby ORDERED to file a further joint status report on or before October 27, 2017. Signed by Judge Randolph D. Moss on 10/2/2017. (lcrdm1, ) (Entered: 10/02/2017)
2017-10-03Set/Reset Deadlines: Joint Status Report due by 10/27/2017. (kt) (Entered: 10/03/2017)
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by FOIA Project Staff