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Case TitleMALONE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01144
Date Filed2018-05-15
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffPATRICK ALLEN MALONE Esq.
Case DescriptionPatrick Malone, an attorney representing the parents of Sang Park, who was struck and killed by an automobile while crossing the street on the NIH Campus, submitted a FOIA request to the Department of Health and Human Services for records concerning the accident. The agency told Malone that the identity of the driver was protected by Exemption 6 (invasion of privacy). Malone argued that the privacy exemption did not apply to the identity of the driver, but after hearing nothing further from the agency, Malone 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
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-151COMPLAINT FOR INJUNCTIVE RELIEF against U.S. Department of Health and Human Services ( Filing fee $ 400 receipt number 0090-5482849) filed by PATRICK ALLEN MALONE. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Civil Cover Sheet, # 5 Summons)(Scialpi, Daniel) (Entered: 05/15/2018)
2018-05-15Case Assigned to Judge Timothy J. Kelly. (zsth) (Entered: 05/16/2018)
2018-05-162CIVIL COVER SHEET AND SUMMONSES by PATRICK ALLEN MALONE re 1 Complaint, filed by PATRICK ALLEN MALONE. Related document: 1 Complaint, filed by PATRICK ALLEN MALONE. (Attachments: # 1 Summons, # 2 Summons)(Scialpi, Daniel) (Entered: 05/16/2018)
2018-05-173SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (jf) (Entered: 05/17/2018)
2018-06-284NOTICE of Appearance by Marsha Wellknown Yee on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Yee, Marsha) (Entered: 06/28/2018)
2018-06-285Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiff's Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Yee, Marsha) (Entered: 06/28/2018)
2018-07-02MINUTE ORDER granting, nunc pro tunc, Defendant's 5 Unopposed Motion for Extension of Time to File Response to Plaintiff's Complaint. It is hereby ORDERED that Defendant shall respond to Plaintiff's complaint by August 2, 2018. It is further ORDERED that Plaintiff shall comply with Federal Rule of Civil Procedure 4(l) and file proof of service with the Court by July 30, 2018. Signed by Judge Timothy J. Kelly on 7/2/2018. (lctjk1) (Entered: 07/02/2018)
2018-07-03Set/Reset Deadlines: Proof of Service due by 7/30/2018. (kh) (Entered: 07/03/2018)
2018-07-166ENTERED IN ERROR.....CERTIFICATE OF SERVICE by PATRICK ALLEN MALONE Proof of Service . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Malone, Patrick) Modified on 7/17/2018 (tth). (Entered: 07/16/2018)
2018-07-17NOTICE OF ERROR re 6 Certificate of Service; emailed to pmalone@patrickmalonelaw.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Counsel must file the proofs of service using the appropriate event under Service of Process. (ztth, ) (Entered: 07/17/2018)
2018-07-177RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/1/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/1/2018. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Malone, Patrick) (Entered: 07/17/2018)
2018-07-178RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/1/2018. (See Docket Entry 7 to view document). (tth) (Entered: 07/18/2018)
2018-08-029ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Yee, Marsha) (Entered: 08/02/2018)
2018-08-09MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by August 22, 2018. Signed by Judge Timothy J. Kelly on 8/9/2018. (lctjk1) (Entered: 08/09/2018)
2018-08-13Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 8/22/2018. (kh) (Entered: 08/13/2018)
2018-08-2210STATUS REPORT (Joint Proposed Schedule) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 08/22/2018)
2018-08-23MINUTE ORDER: In light of the parties' 10 Joint Proposed Schedule, it is hereby ORDERED that the parties shall file a further joint status report by September 25, 2018. Signed by Judge Timothy J. Kelly on 8/23/2018. (lctjk1) (Entered: 08/23/2018)
2018-09-2511Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 09/25/2018)
2018-10-11MINUTE ORDER: In light of the parties' 11 Joint Proposed Schedule, it is hereby ORDERED that the parties shall file a further joint status report and, if necessary, a schedule for briefing dispositive motions by October 18, 2018. Signed by Judge Timothy J. Kelly on 10/11/2018. (lctjk1) (Entered: 10/11/2018)
2018-10-1812Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 10/18/2018)
2018-10-18MINUTE ORDER: In light of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report and, if necessary, a schedule for briefing dispositive motions by November 8, 2018. Signed by Judge Timothy J. Kelly on 10/18/2018. (lctjk1) (Entered: 10/18/2018)
2018-11-0813Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 11/08/2018)
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