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Case TitleCAMPAIGN FOR ACCOUNTABILITY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00248
Date Filed2018-02-02
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffCAMPAIGN FOR ACCOUNTABILITY
Case DescriptionCampaign for Accountability submitted a FOIA request to the Administration for Children and Families for records concerning services for unaccompanied immigrant pregnant minors. CfA also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Campaign for Accountability filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantU.S. 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

2018-02-021COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5316244) filed by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Cafasso, Cerissa) (Entered: 02/02/2018)
2018-02-022LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CAMPAIGN FOR ACCOUNTABILITY (Cafasso, Cerissa) (Entered: 02/02/2018)
2018-02-02Case Assigned to Judge Colleen Kollar-Kotelly. (zmd) (Entered: 02/05/2018)
2018-02-073SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 02/07/2018)
2018-02-074ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 2/7/2018. (DM) (Entered: 02/07/2018)
2018-02-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/12/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/14/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/12/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/12/2018. (Attachments: # 1 Exhibit A)(Cafasso, Cerissa) (Entered: 02/23/2018)
2018-03-146NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schaefer, Daniel) (Entered: 03/14/2018)
2018-03-147ANSWER to 1 Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Schaefer, Daniel) Modified to add link on 3/15/2018 (znmw). (Entered: 03/14/2018)
2018-03-208ORDER. The parties shall file the schedule not later than APRIL 19, 2018 . Signed by Judge Colleen Kollar-Kotelly on March 20, 2018. (lcckk1) (Entered: 03/20/2018)
2018-03-20Set/Reset Deadlines: Joint Status Report due by 4/19/2018. (dot) (Entered: 03/22/2018)
2018-04-199Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 04/19/2018)
2018-05-02MINUTE ORDER: The Court has received the parties' 9 Joint Status Report, which indicates that Defendant has identified some potentially responsive records and that the parties intend to confer further regarding search terms and parameters for Defendant's remaining searches. The Court adopts the parties' proposed schedule, with minor modifications. The parties shall meet and confer by no later than MAY 9, 2018 , regarding the scope of Defendant's searches. The parties shall file a further Joint Status Report by no later than JUNE 4, 2018 , indicating the status of Defendant's searches and any productions, and proposing a schedule for further proceedings in this matter. Signed by Judge Colleen Kollar-Kotelly on May 2, 2018. (lcckk1) (Entered: 05/02/2018)
2018-05-02Set/Reset Deadlines: Attorney Meet and Confer Conference by 5/9/2018, regarding the scope of Defendant's searches. Joint Status Report due by 6/4/2018. (dot) (Entered: 05/02/2018)
2018-06-0410Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/04/2018)
2018-06-08MINUTE ORDER: The Court has received the parties' 10 Joint Status Report, which indicates that the parties continue to discuss search parameters and a production schedule, as well as the extent of overlap between the Freedom of Information Act ("FOIA") request at issue in this case and a FOIA request at issue in other litigation. The parties shall file a further Joint Status Report by no later than JUNE 28, 2018 , identifying the results of their negotiation of search parameters and a production schedule, and proposing a schedule for further proceedings in this matter. Signed by Judge Colleen Kollar-Kotelly on June 8, 2018. (lcckk1) (Entered: 06/08/2018)
2018-06-08Set/Reset Deadlines: Joint Status Report, identifying the results of their negotiation of search parameters and a production schedule, and proposing a schedule for further proceedings in this matter due by 6/28/2018. (dot) (Entered: 06/08/2018)
2018-06-2811Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 06/28/2018)
2018-07-16MINUTE ORDER: The Court has received the parties' 11 Joint Status Report, which indicates that the parties have made progress in their continuing discussion of search parameters. Defendant commits to complete its production of records responsive to one subpart of Plaintiff's FOIA request by July 30, 2018, and to process 500 pages per month that may be responsive to the other four subparts. Defendant estimates that it will be able to make an initial production as to those four subparts by early September 2018. The parties shall continue to confer and shall file a further Joint Status Report by no later than AUGUST 9, 2018 , updating the Court regarding the search parameters, completed production, anticipated further production, and their proposed schedule for further proceedings in this matter. Signed by Judge Colleen Kollar-Kotelly on July 16, 2018. (lcckk1) (Entered: 07/16/2018)
2018-07-16Set/Reset Deadlines: Joint Status Report due by 8/9/2018. (dot) (Entered: 07/17/2018)
2018-08-0912Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/09/2018)
2018-08-30MINUTE ORDER: The Court has received the parties' 12 Joint Status Report, which indicates that Defendant completed its response to one subpart of Plaintiff's FOIA request and that the parties have agreed on search parameters and custodian processing priorities for the remaining four subparts. Defendant also set forth its anticipated schedule for searches and releases of documents pertaining to these four subparts. The Court adopts the parties' proposal that they file a further Joint Status Report by SEPTEMBER 17, 2018 , regarding the parties' progress. The parties shall continue to submit further Joint Status Reports every thirty days thereafter. Signed by Judge Colleen Kollar-Kotelly on August 30, 2018. (lcckk1) (Entered: 08/30/2018)
2018-09-05Set/Reset Deadlines: Joint Status Report due by 9/17/2018, regarding the parties' progress. (dot) (Entered: 09/05/2018)
2018-09-1713Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 09/17/2018)
2018-10-1714Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 10/17/2018)
2018-11-1615Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 11/16/2018)
2018-12-1716Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 12/17/2018)
2019-01-1517Unopposed MOTION to Stay , Unopposed MOTION for Extension of Time to All Deadlines by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 01/15/2019)
2019-01-16MINUTE ORDER: The Court has received Defendant's 17 Unopposed Motion to Stay Proceedings and for Extension of Time in Light of Lapse in Appropriations. The Court reminds Defendant that motions for extensions of time are due no later than four business days prior to the first affected deadline, which in this case is the Joint Status Report due by January 16, 2019. Order Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly, ECF No. 4 , ¶ 7. Although Plaintiff opposes a general stay, Plaintiff would not oppose an extension that is "reasonably short." In an exercise of the Court's discretion, the Court shall GRANT Defendant's 17 Unopposed Motion. Except as provided below, the Court shall STAY this case, including the deadline for the next Joint Status Report. The parties shall file a notice within five business days of the restoration of the U.S. Department of Justice's funding and the resumption of its operations. Defendant has not indicated whether the agency personnel responsible for processing Plaintiff's FOIA request have been deemed essential. To the extent that those agency personnel have been deemed essential, they should continue to process Plaintiff's FOIA request during the pendency of the lapse in appropriations so that, upon restoration of funding, the Joint Status Report may be submitted more promptly. Signed by Judge Colleen Kollar-Kotelly on January 16, 2019. (lcckk1) (Entered: 01/16/2019)
2019-01-3018NOTICE of Restored Government Funding and Proposed Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schaefer, Daniel) (Entered: 01/30/2019)
2019-01-30MINUTE ORDER: The Court has received the parties' 18 Notice of Restored Government Funding and Proposed Schedule. Accordingly, the Court hereby LIFTS the stay in this matter. "Defendant... confirms that the Agency continued to process the Freedom of Information Act ('FOIA') request and that no processing time in this matter was lost as a result of the lapse of appropriations." The Court shall adopt a slightly adjusted version of the parties' proposed deadline for their next Joint Status Report. The parties shall submit a Joint Status Report regarding their progress by FEBRUARY 15, 2019, and every 30 days thereafter, unless and until the Court orders otherwise . Signed by Judge Colleen Kollar-Kotelly on January 30, 2019. (lcckk1) (Entered: 01/30/2019)
2019-02-1519Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 02/15/2019)
2019-03-1820Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 03/18/2019)
2019-04-1621Joint STATUS REPORT by CAMPAIGN FOR ACCOUNTABILITY. (Cafasso, Cerissa) (Entered: 04/16/2019)
2019-05-1622Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 05/16/2019)
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