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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv01448
Date Filed2017-07-20
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Health and Human Services and OMB for records concerning a document sent by the Trump administration to Republican congressional members pertaining to regulatory actions the administration could take to affect the Affordable Care Act. American Oversight also requested expedited processing. The Department of Health and Human Services acknowledged receipt of the request, but OMB did not. After hearing nothing further from either agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-201COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5039890) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A - HHS FOIA, # 2 Exhibit B - OMB FOIA, # 3 Exhibit C - HHS Letter, # 4 Civil Cover Sheet, # 5 Summons USAO, # 6 Summons AG, # 7 Summons HHS, # 8 Summons OMB)(Creighton, Sara) (Entered: 07/20/2017)
2017-07-202LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 07/20/2017)
2017-07-20Case Assigned to Judge Amy Berman Jackson. (zsb) (Entered: 07/20/2017)
2017-07-203SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 07/20/2017)
2017-07-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/25/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 8/24/2017.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/25/2017. (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 07/26/2017)
2017-08-245ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Baer, Michael) (Entered: 08/24/2017)
2017-08-25MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendants shall file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff on or before September 29, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 8/25/2017. (lcabj3) (Entered: 08/25/2017)
2017-09-296STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 09/29/2017)
2017-10-02MINUTE ORDER. It is ORDERED that defendant, the U.S. Department of Health and Human Services ("HHS"), shall submit another status report on October 30, 2017, proposing the rate by which it will process the records it identifies as responsive to plaintiff's request. Also defendants HHS and the Office of Management and Budget are ORDERED to file a joint report on the status of their rolling productions by December 28, 2017. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/02/2017. (lcabj3) (Entered: 10/02/2017)
2017-10-307STATUS REPORT and Proposed HHS Processing Rate by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 10/30/2017)
2017-10-318RESPONSE re 7 STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) Modified event title on 11/1/2017 (znmw). (Entered: 10/31/2017)
2017-11-019RESPONSE re 8 Response to Status Report by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Baer, Michael) Modified event title and link on 11/2/2017 (znmw). (Entered: 11/01/2017)
2017-11-02MINUTE ORDER. With respect to the 3148 responsive records mentioned in 6 defendants' September 29, 2017 status report, defendant is directed to process the materials at the rate of at least 400 records per month. With respect to as-yet-to-be-quantified additional gigabytes of information, plaintiff proposed in its response 8 to defendant HHS's October 30, 2017 status report 7 that the Court direct the parties to meet and confer regarding the scope of the search. While plaintiffs have been free to suggest such a procedure to the defense directly, without the involvement of the Court, the Court hereby ORDERS the plaintiff and defendant HHS to meet and confer in an effort to narrow the scope of plaintiffs' request, to reach an agreement on the handling of duplicates, and to develop a more useful estimate of the number of records involved and the time it would take to produce them. The parties may contact chambers if as part of that process, they agree that they would benefit from the assistance of a neutral mediator. The parties must file a status report that includes a joint proposed schedule for production, or individual schedules if they are unable to agree, by November 16, 2017. Signed by Judge Amy Berman Jackson on 11/02/2017. (lcabj3) (Entered: 11/02/2017)
2017-11-1610Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 11/16/2017)
2017-11-17MINUTE ORDER. The Department of Health and Human Services shall process the additional 30 documents it has identified in accordance with the other records under review. The parties shall submit an updated status report on January 12, 2018. Signed by Judge Amy Berman Jackson on 11/17/2017. (lcabj3) (Entered: 11/17/2017)
2017-12-2811STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 12/28/2017)
2018-01-1212Joint STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 01/12/2018)
2018-01-12MINUTE ORDER. The parties shall submit an updated joint status report on February 16, 2018. Signed by Judge Amy Berman Jackson on 01/12/2018. (lcabj3) (Entered: 01/12/2018)
2018-02-1613Joint STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 02/16/2018)
2018-02-20MINUTE ORDER. It is hereby ordered that defendants shall file their motion for summary judgment along with their Vaughn index by April 9, 2018. Plaintiff's opposition (and cross motion, if any, supported by the same memorandum of points and authorities) will be due May 7, 2018. Defendants' reply (combined with its cross opposition, if necessary) will be due June 4, 2018. Plaintiff's cross reply, if any, will be due June 18, 2018. Signed by Judge Amy Berman Jackson on 02/20/2018. (lcabj3) (Entered: 02/20/2018)
2018-02-20Set/Reset Deadlines: Defendants Motion for Summary Judgment along with their Vaughn index is due by 4/9/2018; Plaintiff's Opposition and any Cross Motion is due 5/7/2018; Defendants' Reply combined with any Cross Opposition is due by 6/4/2018. Plaintiff's cross reply, if any, is due by 6/18/2018. (jth) (Entered: 02/25/2018)
2018-04-0914MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael S. Marquis, # 3 Declaration of Sarah C. Arbes, # 4 Declaration of Heather V. Walsh, # 5 Declaration of Emma K. Doyle, # 6 Statement of Facts, # 7 Text of Proposed Order)(Baer, Michael) (Entered: 04/09/2018)
2018-04-1215ENTERED IN ERROR.....Joint STATUS REPORT by AMERICAN OVERSIGHT. (Creighton, Sara) Modified on 4/12/2018 (zrdj). (Entered: 04/12/2018)
2018-04-12NOTICE OF CORRECTED DOCKET ENTRY: re 15 Status Report was entered in error (Wrong Case) and counsel will refile said pleading in the correct case. (zrdj) (Entered: 04/12/2018)
2018-05-0716Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of Sara Kaiser Creighton, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Statement of Facts)(Creighton, Sara) (Entered: 05/07/2018)
2018-05-0717Memorandum in opposition to re 14 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Sara Kaiser Creighton, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Response to Defendants' Statement of Facts, # 8 Plaintiff's Statement of Facts)(Creighton, Sara) (Entered: 05/07/2018)
2018-05-2518Consent MOTION for Extension of Time to File Response/Reply as to 16 Cross MOTION for Summary Judgment , 14 MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Baer, Michael) (Entered: 05/25/2018)
2018-05-29MINUTE ORDER granting 18 Consent Motion for Extension of Time. Defendants' reply, combined with its cross opposition, will be due June 11, 2018. Plaintiff's cross reply will be due June 25, 2018. Signed by Judge Amy Berman Jackson on 05/29/2018. (lcabj3) (Entered: 05/29/2018)
2018-06-0119Consent MOTION for Extension of Time to file Reply in Support of Cross-Motion for Summary Judgment by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 06/01/2018)
2018-06-04MINUTE ORDER granting 19 Consent Motion for Extension of Time. Plaintiff must file its cross-reply by June 29, 2018. Signed by Judge Amy Berman Jackson on 06/04/2018. (lcabj3) (Entered: 06/04/2018)
2018-06-05Set/Reset Deadlines: Plaintiff's cross-reply due by 6/29/2018. (tg) (Entered: 06/05/2018)
2018-06-1120Memorandum in opposition to re 16 Cross MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Heather V. Walsh (Second), # 2 Statement of Facts (Response to Plaintiff's Statement))(Baer, Michael) (Entered: 06/11/2018)
2018-06-1121REPLY to opposition to motion re 14 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Heather V. Walsh (Second))(Baer, Michael) (Entered: 06/11/2018)
2018-06-2922REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Supplemental Creighton Declaration, # 2 Exhibit 5, # 3 Exhibit 6)(Creighton, Sara) (Entered: 06/29/2018)
2018-07-0623NOTICE of Filing Concerning Recent Discretionary Release by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1)(Baer, Michael) (Entered: 07/06/2018)
2018-08-1724NOTICE OF SUPPLEMENTAL AUTHORITY by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1)(Baer, Michael) (Entered: 08/17/2018)
2018-08-2825RESPONSE by AMERICAN OVERSIGHT re 24 NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit A)(Creighton, Sara) Modified event title on 8/30/2018 (znmw). (Entered: 08/28/2018)
2018-09-04MINUTE ORDER. The parties need not file any additional pleadings in this matter related to objections to the magistrate judge's Report and Recommendation in 17-cv-827. The parties may, if they wish, inform the Court when Judge Sullivan enters his opinion in that matter, at which time the Court will have access to it on the Electronic Case Files system. Signed by Judge Amy Berman Jackson on 9/4/18. (DMK) (Entered: 09/04/2018)
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