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Case TitleJohn W. Sigler v. U.S. Department of Health and Human Services
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2018cv00683
Date Filed2018-01-26
Date ClosedOpen
JudgeJudge Otis D. Wright, II
PlaintiffJohn W. Sigler
Case DescriptionJohn Sigler submitted a FOIA request to the Department of Health and Human Services for records concerning two specific HIPAA violation complaints submitted to the Office of Civil Rights. The agency acknowledged receipt of the request, but provided records concerning one of the complaints, but not the other. Sigler filed an administrative appeal. The agency acknowledged receipt of the appeal. The agency eventually told Sigler that records pertaining to the second complaint had been lost. After hearing nothing further from the agency, Sigler filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-01-261COMPLAINT against Defendant U.S. Department of Health and Human Services.Case assigned to Judge Christina A. Snyder for all further proceedings. Discovery referred to Magistrate Judge Jacqueline Chooljian.(Filing fee $ 400:PAID), filed by plaintiff John W. Sigler. (Attachments: # 1 CV-71) (ghap) (Entered: 01/29/2018)
2018-01-26230 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant U.S. Department of Health and Human Services. (ghap) (Entered: 01/29/2018)
2018-01-263CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff John W. Sigler. (ghap) (Entered: 01/29/2018)
2018-01-264NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Jacqueline Chooljian. (ghap) (Entered: 01/29/2018)
2018-01-265NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 01/29/2018)
2018-01-316ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-00683 ODW(JCx). (rn) (Entered: 01/31/2018)
2018-02-027MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 02/02/2018)
2018-02-088PROOF OF SERVICE Executed upon Defendant U.S. Department of Health and Human Services served on 1/29/2018, answer due 2/28/2018. Service of the Summons and Complaint were served by certified mail to Civil Process Clerk, United States Attorney's Office, 380 North Los Angeles St., Suite 7516, Los Angeles, CA 90012. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (mt) (Entered: 02/09/2018)
2018-02-089PROOF OF SERVICE Executed upon Defendant U.S. Department of Health and Human Services served on 2/1/2018, answer due 3/5/2018. Service of the Summons and Complaint were served by certified mail to Attorney General of the United States at US Department of Justice, 950 Pennsylvania Ave, NW, Washington, DC. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (mt) (Entered: 02/09/2018)
2018-02-0810PROOF OF SERVICE Executed upon Defendant U.S. Department of Health and Human Services served on 1/31/2018, answer due 3/2/2018. Service of the Summons and Complaint were served by certified mail to US Department of Health and Human Services, 200 Independence Ave., S.W., Washington, D.C. 20201. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (mt) (Entered: 02/09/2018)
2018-02-2811ANSWER to Complaint - (Discovery), 1 filed by Defendant U.S. Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Attorney Matthew Jimenez Barragan added to party U.S. Department of Health and Human Services(pty:dft))(Barragan, Matthew) (Entered: 02/28/2018)
2018-03-0112ORDER that the Scheduling Conference is set for 5/14/18 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) (Entered: 03/01/2018)
2018-04-1013NOTICE TO PARTIES by U.S. Magistrate Judge Jacqueline Chooljian. Effective, April 11, 2018, Judge Chooljian will be located at the Edward R. Roybal Federal Building and U.S. Courthouse ("Roybal Building"), located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 750 on the 7th floor of the Roybal Building. All mandatory chambers copies shall be hand delivered to the judge's mail box located outside of the Clerk's Office on the 12th floor of the Roybal Building. Paper civil and criminal documents exempted from electronic filing shall be filed in Room 180 on the Terrace Level of the Roybal Building. Magistrate Judge Chooljian's Courtroom Deputy Clerk, Kerri Hays, may be reached at (213) 894-2921. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 04/10/2018)
2018-04-1914EX PARTE APPLICATION for Order for PROTECTIVE ORDER TO PRECLUDE PLAINTIFF FROM CONDUCTING ANY DISCOVERY WITHOUT LEAVE OF THE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF MATTHEW J. BARRAGAN IN SUPPORT THEREOF filed by Defendant U.S. Department of Health and Human Services. (Attachments: # 1 Declaration OF MATTHEW J. BARRAGAN IN SUPPORT OF EX PARTE APPLICATION FOR A PROTECTIVE ORDER TO PRECLUDE PLAINTIFF FROM CONDUCTING ANY DISCOVERY WITHOUT LEAVE OF THE COURT, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order) (Barragan, Matthew) (Entered: 04/19/2018)
2018-04-2415MINUTES (IN CHAMBERS) ORDER (1) RE REFERRAL OF EX PARTE APPLICATION TO MAGISTRATE JUDGE; AND (2) GRANTING IN PART EX PARTE APPLICATION (DOCKET NO. 14) by Magistrate Judge Jacqueline Chooljian. Based upon the Court's review and assessment of the Ex Parte Application, the Court grants the Ex Parte Application in part. Specifically, the Courts orders: Plaintiff is precluded from conducting discovery without leave of the Court until the later of the Scheduling Conference (which is currently set for May 14, 2018 at 1:30 p.m.) or further Order of the Court. The parties are directed to address the issue in the jointly signed Fed. R. Civ. P. 26(f) report which is to be submitted to the District Judge no less than seven days before the Scheduling Conference. See Docket No. 12 at 2. (See document for further details.) 14 (sbou) (Entered: 04/25/2018)
2018-04-2516OPPOSITION TO EX PARTE APPLICATION for Order for PROTECTIVE ORDER TO PRECLUDE PLAINTIFF FROM CONDUCTING ANY DISCOVERY WITHOUT LEAVE OF THE COURT 14 filed by Plaintiff John W. Sigler. (lom) (Entered: 04/25/2018)
2018-05-0417JOINT REPORT Rule 26(f) Discovery Plan filed by Defendant U.S. Department of Health and Human Services.. (Attachments: # 1 POS)(Medrano, Alarice) (Entered: 05/04/2018)
2018-05-0718SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL ). This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. SEE THE SUPPLEMENTAL ORDER SETTING BRIEFING SCHEUDLE FOR THE SPECIFIED DATES by Judge Otis D. Wright, II. (lc) (Entered: 05/07/2018)
2018-05-0719SUPPLEMENTAL ORDER SETTING BRIEFING SCHEDULE by Judge Otis D. Wright, II: The Court VACATES the Scheduling Conference set for May 14, 2018, and issues the briefing scheduling set forth below. Where the Scheduling and Case Management Order and this Order conflict, this Order shall govern.the Court ORDERS that Sigler shall not be permitted to conduct any discovery absent a further order from this Court, and after a showing that HHSs affidavits are insufficient to meet its burden on summary judgment. The Court further ORDERS that briefing shall be completed as follows: Defendant will file and serve a Motion forSummary Judgment and Vaughn Index/Declaration: November 14, 2018; Plaintiff will file any Cross-Motion for Summary Judgment and Opposition to Defendants Motion, including, if appropriate, a renewed request for discovery: December 14, 2018; Defendant will file a Reply/Opposition: January 14, 2019; Plaintiff will file any Reply :January 28, 2019; Hearing on Cross-Motions: February 25, 2019, at 1:30 p.m. (lc) (Entered: 05/07/2018)
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by FOIA Project Staff