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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv02845
Date Filed2018-12-04
Date Closed2021-03-01
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Health and Human Service's Administration for Children and Families and the Inspector General for records concerning the facilities at which children who were separated at the border from their parents were kept. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantADMINISTRATION FOR CHILDREN AND FAMILIES
DefendantOFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-041COMPLAINT against ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5822666) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons)(Yenouskas, Joseph) (Entered: 12/04/2018)
2018-12-042LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT. (Yenouskas, Joseph) Modified event title on 12/17/2018 (znmw). (Entered: 12/04/2018)
2018-12-04Case Assigned to Judge Timothy J. Kelly. (zef, ) (Entered: 12/04/2018)
2018-12-043MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John M. Ilardo, :Firm- Goodwin Procter LLP, :Address- 100 Northern Avenue, Boston, MA 02210. Phone No. - (617) 570-1523. Fax No. - (617) 523-1231 Filing fee $ 100, receipt number 0090-5822847. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of John M. Ilardo, # 2 Text of Proposed Order)(Yenouskas, Joseph) (Entered: 12/04/2018)
2018-12-044MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Glenn S. Kerner, :Firm- Goodwin Procter LLP, :Address- 620 Eighth Avenue, New York, NY 10018. Phone No. - (212)459-7460. Fax No. - (212)355-3333 Filing fee $ 100, receipt number 0090-5822891. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of Glenn S. Kerner, # 2 Text of Proposed Order)(Yenouskas, Joseph) (Entered: 12/04/2018)
2018-12-045MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen L. Taesuch, :Firm- Goodwin Procter LLP, :Address- 3 Embarcadero Center, San Francisco, CA 94111. Phone No. - (415) 733-6180. Fax No. - (415) 677-9041 Filing fee $ 100, receipt number 0090-5822959. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Attachments: # 1 Declaration of Stephen L. Taesuch, # 2 Text of Proposed Order)(Yenouskas, Joseph) (Entered: 12/04/2018)
2018-12-04SUMMONS Not Issued as to ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney, U.S. Attorney General (zmd) (Entered: 12/04/2018)
2018-12-05MINUTE ORDER granting Plaintiff's 3 4 5 Motions for Leave to Appear Pro Hac Vice. Attorneys John M. Ilardo, Glenn S. Kerner, and Stephen L. Taeusch are hereby admitted pro hac vice to appear in this matter. Signed by Judge Timothy J. Kelly on 12/5/2018. (lctjk1) (Entered: 12/05/2018)
2018-12-076REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN OVERSIGHT.(Yenouskas, Joseph) (Entered: 12/07/2018)
2018-12-107SUMMONS (5) Issued Electronically as to ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (tth) (Entered: 12/10/2018)
2019-01-028NOTICE of Appearance by Austin Ridgely Evers on behalf of AMERICAN OVERSIGHT (Evers, Austin) (Entered: 01/02/2019)
2019-01-099MOTION to Stay in Light of Lapse in Appropriations by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schaefer, Daniel) (Entered: 01/09/2019)
2019-01-2310RESPONSE re 9 MOTION to Stay in Light of Lapse in Appropriations filed by AMERICAN OVERSIGHT. (Yenouskas, Joseph) (Entered: 01/23/2019)
2019-01-23MINUTE ORDER: "[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants." Hulley Enterprises Ltd. v. Russian Fed'n , 211 F. Supp. 3d 269, 276 (D.D.C. 2016) (quoting Landis v. N. Am. Co. , 299 U.S. 248, 254 (1936)). Upon consideration of Defendants' 9 Motion to Stay and Plaintiff's 10 Response to Defendants' Motion, it is hereby ORDERED, for good cause shown, that Defendants' Motion to Stay is GRANTED. The case shall be stayed until further order of the Court. It is further OREDERED that the parties shall file a joint status report within seven days after funding is restored for the Department of Justice with a proposed deadline for Defendants to file a response to Plaintiff's 1 Complaint. Signed by Judge Timothy J. Kelly on 1/23/2019. (lctjk1) (Entered: 01/23/2019)
2019-01-3111Joint STATUS REPORT by AMERICAN OVERSIGHT. (Yenouskas, Joseph) (Entered: 01/31/2019)
2019-02-01MINUTE ORDER: In light of the parties' 11 Joint Status Report, it is hereby ORDERED that Defendants shall respond to Plaintiff's 1 Complaint by February 15, 2019. It is further ORDERED that, after Defendants file their response, the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by March 1, 2019. It is further ORDERED that the stay in this case is LIFTED. Signed by Judge Timothy J. Kelly on 1/31/2019. (lctjk1) (Entered: 02/01/2019)
2019-02-1512NOTICE of Appearance by Daniel Patrick Schaefer on behalf of All Defendants (Schaefer, Daniel) (Entered: 02/15/2019)
2019-02-1513ANSWER to Complaint by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Schaefer, Daniel) (Entered: 02/15/2019)
2019-03-0114Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 03/01/2019)
2019-03-01MINUTE ORDER: In light of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 30, 2019, and every sixty days thereafter. Signed by Judge Timothy J. Kelly on 3/1/2019. (lctjk1) (Entered: 03/01/2019)
2019-03-0415NOTICE of Filing Proof of Service by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Yenouskas, Joseph) (Entered: 03/04/2019)
2019-03-0416RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/12/2018. (Answer due for ALL FEDERAL DEFENDANTS by 1/11/2019.) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/17/2018. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ADMINISTRATION FOR CHILDREN AND FAMILIES served on 12/19/2018; OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 12/17/2018; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/17/2018. (See Docket Entry 15 to view document) (tth) (Entered: 03/05/2019)
2019-04-3017Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 04/30/2019)
2019-07-0118Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 07/01/2019)
2019-09-0319Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 09/03/2019)
2019-10-2920Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 10/29/2019)
2019-12-2021Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 12/20/2019)
2020-02-1822Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 02/18/2020)
2020-04-2023Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 04/20/2020)
2020-06-1924Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 06/19/2020)
2020-08-1825Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Graham-Oliver, Heather) (Entered: 08/18/2020)
2020-10-1926Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 10/19/2020)
2020-12-1827Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Yenouskas, Joseph) (Entered: 12/18/2020)
2020-12-21MINUTE ORDER: In light of the parties' 27 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by February 26, 2021. Signed by Judge Timothy J. Kelly on 12/21/2020. (lctjk1) (Entered: 12/21/2020)
2021-02-2628STIPULATION of Dismissal between all parties by AMERICAN OVERSIGHT. (Yenouskas, Joseph) (Entered: 02/26/2021)
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