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Case TitleGRAVES GARRETT, LLC et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01447
Date Filed2018-06-19
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffGRAVES GARRETT, LLC
PlaintiffJOHN BENTON HURST
Case DescriptionJohn Benton Hurst, an attorney at the law firm of Graves Garrett submitted 32 FOIA requests to the Department of Health and Human Services, 24 of which were sent to the National Institute of Environmental Health Sciences, for records concerning the Ramazzini Institute. The agency acknowledged receipt of the requests. NIEHS told Hurst that the requests fell within the unusual circumstances exception. Portions of the requests to HHS were referred to the Centers for Disease Control for response. CDC withheld 143 pages under Exemption 5 (privileges). Garrett Graves filed an administrative appeal of the CDC decision, but after hearing nothing further from NIEHS or HHS pertaining to any of its 32 requests, Graves Garrett filed suit
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-191COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5542301) filed by GRAVES GARRETT, LLC, JOHN BENTON HURST. (Attachments: # 1 Exhibit 1 - 11-29-2017 Letter from HHS to Plaintiffs re HHS Request 280, 284, # 2 Exhibit 2 - 12-15-2017 Letter from Plaintiffs to HHS re HHS Requests 280, 284, # 3 Exhibit 3 - 01-05-2018 Letter from Plaintiffs to HHS re HHS Requests 280, 284, # 4 Exhibit 4 - 02-23-2018 Email Correspondence between Plaintiffs and HHS re HHS Requests 280, 284, # 5 Exhibit 5 - 04-27-2018 Letter from Plaintiffs to HHS re Delays in Production HHS Requests 280, 284, # 6 Exhibit 6 - 01-25-2018 Letter from HHS to Plaintiffs re Referral of Records HHS Request 271, # 7 Exhibit 7 - 01-25-2018 Letter from HHS to Plaintiffs re Withholding of Records HHS Request 271, # 8 Exhibit 8 - 04-20-2018 Plaintiffs Administrative Appeal of Withholding of Records HHS Request 271, # 9 Exhibit 9 - 02-20-2018 Letter from HHS to Plaintiffs re Production and Withholding HHS Requests 270, 277, # 10 Exhibit 10 - 05-01-2018 Plaintiffs Administrative Appeal of Withholding of Records HHS Requests 270, 277, 279, 282, 283, # 11 Exhibit 11 - 02-20-2018 Letter from HHS to Plaintiffs re Production and Withholding HHS Requests 279, 283, # 12 Exhibit 12 - 02-02-2018 Letter from HHS to Plaintiffs re Production and Withholding HHS Request 282, # 13 Civil Cover Sheet, # 14 Summons Attorney General of the United States, # 15 Summons United States Attorney's Office, # 16 Summons United States Department of Health and Human Services)(Hurst, John). (Attachment 13 replaced on 6/29/2018) (zmd). (Entered: 06/19/2018)
2018-06-192Corporate Disclosure Statement by GRAVES GARRETT, LLC. (Hurst, John) (Entered: 06/19/2018)
2018-06-19Case Assigned to Judge Trevor N. McFadden. (zmd) (Entered: 06/21/2018)
2018-06-213SUMMONS (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) (zmd) (Entered: 06/21/2018)
2018-06-214STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/21/2018. (lctnm3) (Entered: 06/21/2018)
2018-07-095NOTICE of Appearance by Rhonda Lisa Campbell on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Campbell, Rhonda) (Entered: 07/09/2018)
2018-07-106RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/25/2018 (Hurst, John) (Entered: 07/10/2018)
2018-07-107RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/25/2018. (Hurst, John) (Entered: 07/10/2018)
2018-07-108RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/25/2018. Answer due for ALL FEDERAL DEFENDANTS by 7/25/2018. (Hurst, John) (Entered: 07/10/2018)
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by FOIA Project Staff