Skip to content

Case Detail

[Subscribe to updates]
Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01513
Date Filed2018-06-26
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJAMES MADISON PROJECT
PlaintiffNOAH SHACHTMAN
PlaintiffSAM STEIN
Case DescriptionThe James Madison Project and reporters Noah Shachtman and Sam Stein of the Daily Beast submitted FOIA requests to the Department of Health and Human Services for records concerning legal or policy determinations for creating tent cities to house detained unaccompanied minors. Shachtman and Stein also requested expedited processing. The agency acknowledged receipt of the requests and told Shactman and Stein that it was being referred to the Administration for Children and Families for processing. After hearing nothing further from the agency, JMP, Shachtman, and Stein filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantDEPARTMENT 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

2018-06-261COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5555536) filed by THE JAMES MADISON PROJECT, SAM STEIN, NOAH SHACHTMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons HHS, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 06/26/2018)
2018-06-262LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT (zsth) (Entered: 06/28/2018)
2018-06-27Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 06/27/2018)
2018-06-283SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 06/28/2018)
2018-07-024ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 7/2/18. (DM) (Entered: 07/02/2018)
2018-07-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/3/2018 (Attachments: # 1 Exhibit HHS receipt)(Moss, Bradley) (Entered: 07/19/2018)
2018-07-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/02/2018. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 07/19/2018)
2018-07-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/1/2018. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 07/19/2018)
2018-07-308MOTION for Leave to File First Amended Complaint by JAMES MADISON PROJECT, NOAH SHACHTMAN, SAM STEIN (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - First Amended Complaint, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 07/30/2018)
2018-07-31MINUTE ORDER. The Court is in receipt of Plaintiffs' 8 Motion for Leave to File First Amended Complaint. Plaintiffs move to amend their complaint to add a claim for the production of records responsive to their FOIA request. Plaintiffs' original claim was limited to the legal issue of expedited processing. The underlying FOIA request remains the same, and no other substantive changes are proposed. Given that this case is still in its very earliest stages, that Defendant has not yet filed an Answer or otherwise appeared in this case, that the proposed amendment is a fairly narrow one, and that this is Plaintiffs' first motion to amend, the Court will GRANT Plaintiffs' motion. The Clerk of the Court shall file Plaintiffs' First Amended Complaint on the docket. Defendant shall respond to Plaintiffs' First Amended Complaint by no later than AUGUST 14, 2018. Signed by Judge Colleen Kollar-Kotelly on 7/31/2018. (lcckk3) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: Answer to Amended Complaint due by 8/14/2018. (dot) (Entered: 08/01/2018)
2018-07-3110First AMENDED COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by JAMES MADISON PROJECT, SAM STEIN, NOAH SHACHTMAN.(ztd) (Entered: 08/02/2018)
2018-08-019ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Haynes, Fred) (Entered: 08/01/2018)
2018-08-1411ANSWER to 10 Amended Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Haynes, Fred) (Entered: 08/14/2018)
2018-08-1512ORDER. The parties shall file a Joint Status Report by no later than SEPTEMBER 5, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/15/2018. (lcckk3) (Entered: 08/15/2018)
2018-08-15Set/Reset Deadlines: Joint Status Report due by 9/5/2018. (dot) (Entered: 08/16/2018)
2018-09-07MINUTE ORDER. On August 15, 2018, the Court ordered parties to file a Joint Status Report by September 5, 2018. Parties have failed to do so. The Court ORDERS parties to submit their Joint Status Report by SEPTMEBER 10, 2018. Signed by Judge Colleen Kollar-Kotelly on 9/07/2018. (lcckk3, ) (Entered: 09/07/2018)
2018-09-1013Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 09/10/2018)
2018-09-11MINUTE ORDER. The Court is in receipt of the parties' 13 Joint Status Report. The parties informed the Court that Defendant has granted expedited processing of Plaintiff's FOIA request, but an additional two weeks are required to determine how soon Defendant can respond substantively to the request. The Court ORDERS parties to file a Joint Status Report by SEPTEMBER 24, 2018 informing the Court of Defendant's progress in responding to Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 9-11-2018. (lcckk3) (Entered: 09/11/2018)
2018-09-11Set/Reset Deadlines: Joint Status Report due by 9/24/2018. (dot) (Entered: 09/11/2018)
2018-09-2414Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 09/24/2018)
2018-09-24MINUTE ORDER. The Court is in receipt of the parties' 14 Joint Status Report. The parties informed the Court that Defendant has granted expedited processing of Plaintiff's FOIA request, but additional time is needed to determine how soon Defendant can finish responding to the FOIA request. The parties are ORDERED to file a further Joint Status Report by no later than OCTOBER 24, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 9-24-2018. (lcckk3) (Entered: 09/24/2018)
2018-09-24Set/Reset Deadlines: Joint Status Report due by 10/24/2018. (kt) (Entered: 09/24/2018)
2018-10-2415Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER. The Court is in receipt of the parties' 15 Third Joint Status Report. The parties inform the Court that Defendant has gathered all records relating to Plaintiff's FOIA request for communications among and between officials of HHS and other government officials and/or local government officials in Texas regarding the creation of "tent cities" for unaccompanied migrant children. The parties report that they are working together to prioritize the order in which the records are searched. The Court ORDERS the parties to file a joint status report by NOVEMBER 7, 2018 addressing a production schedule for responsive records. Signed by Judge Colleen Kollar-Kotelly on 10-25-2018. (lcckk3) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Joint Status Report due by 11/7/2018. (dot) (Entered: 10/26/2018)
2018-11-0716Joint STATUS REPORT (Fourth) by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 11/07/2018)
2018-11-08MINUTE ORDER. The Court is in receipt of the parties' 16 Fourth Joint Status Report. The parties inform the Court that Defendant has responded to Plaintiff's FOIA request for records on the "final legal and/or policy determinations regarding the creation of the 'tent cities'" for unaccompanied migrant children. But, Plaintiff has not yet received the response. The parties further report that Defendant has gathered all records relating to Plaintiff's FOIA request for communications among and between officials of HHS and other government officials and/or local government officials in Texas regarding the creation of "tent cities" for unaccompanied migrant children. The first production of responsive records for the second FOIA request will be made on November 9, 2018, consisting of approximately 500 pages of responsive records. The parties report that they are working together to focus the review of records. The Court ORDERS the parties to file a Joint Status Report by DECEMBER 7, 2018 addressing a production schedule for responsive records. Signed by Judge Colleen Kollar-Kotelly on 11/8/2018. (lcckk3) (Entered: 11/08/2018)
2018-11-08Set/Reset Deadlines: Joint Status Report due by 12/7/2018. (dot) (Entered: 11/13/2018)
2018-12-0717Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 12/07/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar