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Case TitleENERGY & ENVIRONMENT LEGAL INSTITUTE v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv02572
Date Filed2017-11-30
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffENERGY & ENVIRONMENT LEGAL INSTITUTE
Case DescriptionThe Energy & Environmental Legal Institute submitted a FOIA request to the Department of Health and Human Services' National Institute for Environmental Health Studies for records concerning emails between two named individuals during a specific time frame that included any of a half-dozen specific keywords. The agency failed to acknowledge receipt of the request. After hearing nothing further from the agency, EELI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-301COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5228060) filed by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Civil Process Clerk of US Attorney, # 3 Summons To Dept of Health and Human Services, # 4 Summons to Attorney General, # 5 Exhibit Exhibit 1)(Mandelbaum, Chaim) (Attachment 1 replaced on 12/1/2017) (zsth). (Entered: 11/30/2017)
2017-11-302Corporate Disclosure Statement by ENERGY & ENVIRONMENT LEGAL INSTITUTE. (Mandelbaum, Chaim) (Main Document 2 replaced on 12/28/2017) (zsth). (Entered: 11/30/2017)
2017-11-30Case Assigned to Judge Amy Berman Jackson. (zsth) (Entered: 12/01/2017)
2017-12-013SUMMONS (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)(zsth) (Entered: 12/01/2017)
2018-01-044NOTICE of Appearance by Claire M. Whitaker on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Whitaker, Claire) (Entered: 01/04/2018)
2018-01-045Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 01/04/2018)
2018-01-10MINUTE ORDER granting defendant's consent motion for an extension of time. Defendant shall file its answer or other response by February 5, 2018. Signed by Judge Amy Berman Jackson on 01/10/18. (lcabj3) (Entered: 01/10/2018)
2018-02-056Consent MOTION for Extension of Time to file an answer or other response to Plaintiff's Freedom of Information Act complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 02/05/2018)
2018-02-06MINUTE ORDER granting 6 Motion for Extension of Time. Defendant must file an answer to plaintiff's complaint or other response by February 12, 2018. Signed by Judge Amy Berman Jackson on 02/06/2018. (lcabj3) (Entered: 02/06/2018)
2018-02-127ANSWER to 1 Complaint, by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Whitaker, Claire) (Entered: 02/12/2018)
2018-02-13MINUTE 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. Defendant 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 March 13, 2018. Signed by Judge Amy Berman Jackson on 02/13/2018. (lcabj3) (Entered: 02/13/2018)
2018-03-138Consent STATUS REPORT and Proposed Scheduling Order by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Whitaker, Claire) (Entered: 03/13/2018)
2018-03-16MINUTE ORDER. In light of defendant's 8 status report, it is ORDERED that defendant Department of Health and Human Services shall complete its search for records by March 23, 2018. Defendant will provide plaintiff with approximately 200 pages of processed records by March 30, 2018. Thereafter, defendant will make rolling productions to plaintiff until the processing of records is complete. Defendant will complete the processing and production of nonexempt records to plaintiff by May 30, 2018. Plaintiff shall notify HHS if it is dissatisfied with the production and whether further litigation is necessary by June 11, 2018. Should dispositive motion briefing be required, defendant will prepare a Vaughn Index and supporting declaration(s) and provide it to plaintiff by June 25, 2018. Should Plaintiff still be dissatisfied with the explanatory information in defendants Vaughn Index and supporting declaration(s), defendant will file its motion for summary judgment on July 9, 2018. Signed by Judge Amy Berman Jackson on 03/16/2018. (lcabj3) (Entered: 03/16/2018)
2018-03-18Set/Reset Deadlines: Defendant will prepare a Vaughn Index and supporting declaration(s) and provide it to plaintiff by 6/25/2018. Should Plaintiff still be dissatisfied with the explanatory information in defendants Vaughn Index and supporting declaration(s), Defendant will file its Motion for Summary Judgment on 7/9/2018. (jth) (Entered: 03/18/2018)
2018-03-20MINUTE ORDER. The parties must file a joint status report on June 25, 2018. Signed by Judge Amy Berman Jackson on 03/20/2018. (lcabj3) (Entered: 03/20/2018)
2018-05-309Consent MOTION for Extension of Time to Comply with the Court's March 16, 2018, Minute Order by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Haynes, Fred) (Entered: 05/30/2018)
2018-05-31MINUTE ORDER granting 9 Motion for Extension of Time. The Court will vacate the pending deadlines in this case and it orders the parties to submit a joint status report by June 25, 2018, which should include a proposed schedule for further proceedings. Signed by Judge Amy Berman Jackson on 05/31/2018. (lcabj3) (Entered: 05/31/2018)
2018-07-0610Consent MOTION for Extension of Time to Joint Status Report governing future proceedings by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Whitaker, Claire) (Entered: 07/06/2018)
2018-07-06MINUTE ORDER granting 10 Motion for Extension of Time. The parties must file a joint status report by July 17, 2018.Signed by Judge Amy Berman Jackson on 07/06/2018. (lcabj3) (Entered: 07/06/2018)
2018-07-1711Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Whitaker, Claire) (Entered: 07/17/2018)
2018-07-19MINUTE ORDER. The parties must file an updated status report by September 18, 2018. Signed by Judge Amy Berman Jackson on 07/19/2018. (lcabj3) (Entered: 07/19/2018)
2018-09-1812Unopposed MOTION for Extension of Time to File Status Report by ENERGY & ENVIRONMENT LEGAL INSTITUTE (Mandelbaum, Chaim) (Entered: 09/18/2018)
2018-09-21MINUTE ORDER granting 12 Motion for Extension of Time. The parties must file a joint status report by September 25, 2018. Signed by Judge Amy Berman Jackson on 09/21/2018. (lcabj3) (Entered: 09/21/2018)
2018-10-01MINUTE ORDER. The parties were granted an extension to file a joint status report by September 25, 2018. The parties have not yet filed their report. The parties must file a joint status report by October 9, 2018. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/01/2018. (lcabj3) (Entered: 10/01/2018)
2018-10-0413Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 10/04/2018)
2018-10-05MINUTE ORDER. The parties must submit an updated joint status report by December 3, 2018. Signed by Judge Amy Berman Jackson on 10/05/2018. (lcabj3) (Entered: 10/05/2018)
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