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Case TitleEQUITY FORWARD v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00461
Date Filed2019-02-25
Date Closed2021-06-15
JudgeJudge Trevor N. McFadden
PlaintiffEQUITY FORWARD
Case DescriptionEquity Forward submitted six FOIA requests to the Department of Health and Human Services for records concerning communications between the agency and a number of conservative organizations. The agency acknowledged receipt of the first four requests, but after hearing nothing further from the agency, Equity Forward 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
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

2019-02-251COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5964585) filed by EQUITY FORWARD. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to USAO, # 3 Summons as to AG, # 4 Summons as to HHS)(Creighton, Sara) (Entered: 02/25/2019)
2019-02-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by EQUITY FORWARD (Creighton, Sara) (Entered: 02/25/2019)
2019-02-25Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 02/25/2019)
2019-02-253SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Notice and Consent)(zef, ) (Entered: 02/25/2019)
2019-02-254STANDING 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 2/25/19. (lctnm1) (Entered: 02/25/2019)
2019-02-255ERRATA by EQUITY FORWARD 1 Complaint, filed by EQUITY FORWARD. (Creighton, Sara) (Entered: 02/25/2019)
2019-03-116RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/26/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 3/28/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/04/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/1/2019 (Creighton, Sara) (Entered: 03/11/2019)
2019-03-287NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schaefer, Daniel) (Entered: 03/28/2019)
2019-03-288ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Schaefer, Daniel) (Entered: 03/28/2019)
2019-03-29MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before April 29, 2019. Signed by Judge Trevor N. McFadden on 3/29/2019. (lctnm1) (Entered: 03/29/2019)
2019-03-29Set/Reset Deadlines: Joint Status Report due by 4/29/2019. (hmc) (Entered: 03/29/2019)
2019-04-299Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 04/29/2019)
2019-04-30MINUTE ORDER. Upon consideration of 9 Joint Status Report, the parties are ORDERED to file another Joint Status Report, with an update on the parties' discussions and a proposed schedule for further proceedings, on or before May 29, 2019. Signed by Judge Trevor N. McFadden on 4/30/2019. (lctnm1) (Entered: 04/30/2019)
2019-04-30Set/Reset Deadlines: Joint Status Report due by 5/29/2019. (hmc) (Entered: 04/30/2019)
2019-05-2910Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 05/29/2019)
2019-05-29MINUTE ORDER. Upon consideration of 10 Joint Status Report, the parties are ORDERED to file another Joint Status Report, with an update on the parties' discussions and a proposed schedule for further proceedings, on or before June 27, 2019. Signed by Judge Trevor N. McFadden on 5/29/2019. (lctnm1) (Entered: 05/29/2019)
2019-05-30Set/Reset Deadlines: Joint Status Report due by 6/27/2019. (hmc) (Entered: 05/30/2019)
2019-06-2711Joint STATUS REPORT by EQUITY FORWARD. (Creighton, Sara) (Entered: 06/27/2019)
2019-07-01MINUTE ORDER. Upon consideration of 11 Joint Status Report, the parties are ORDERED to file another Joint Status Report, with an update on the parties' discussions and a proposed schedule for further proceedings, on or before August 2, 2019. Signed by Judge Trevor N. McFadden on 7/1/19. (lctnm1) (Entered: 07/01/2019)
2019-07-01Set/Reset Deadlines: Joint Status Report due by 8/2/2019. (hmc) (Entered: 07/01/2019)
2019-07-2612NOTICE of Appearance by Christine H. Monahan on behalf of EQUITY FORWARD (Monahan, Christine) (Entered: 07/26/2019)
2019-08-0213Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/02/2019)
2019-08-02MINUTE ORDER. Upon consideration of 13 Joint Status Report, the parties are ORDERED to file another Joint Status Report, with an update on the parties' discussions and a proposed schedule for further proceedings, on or before August 23, 2019. Signed by Judge Trevor N. McFadden on 8/2/2019. (lctnm1) (Entered: 08/02/2019)
2019-08-05Set/Reset Deadlines: Joint Status Report due by 8/23/2019. (hmc) (Entered: 08/05/2019)
2019-08-2314Joint STATUS REPORT by EQUITY FORWARD. (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 08/23/2019)
2019-08-26MINUTE ORDER. Upon consideration of 14 Joint Status Report, the parties are ORDERED to file another Joint Status Report, with an update on the parties' discussions and a proposed schedule for further proceedings, on or before August 30, 2019. Signed by Judge Trevor N. McFadden on 8/26/2019. (lctnm1) (Entered: 08/26/2019)
2019-08-26Set/Reset Deadlines: Joint Status Report due by 8/30/2019. (hmc) (Entered: 08/26/2019)
2019-08-3015Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 08/30/2019)
2019-09-03MINUTE ORDER. In light of 15 Joint Status Report, the Court hereby adopts the parties proposed schedule and processing rates. The parties are also ORDERED to file another joint status report every 60 days, starting on October 29, 2019. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/3/19. (lctnm1) (Entered: 09/03/2019)
2019-09-03Set/Reset Deadlines: Joint Status Report due by 10/29/2019, and every 60 days thereafter. (hmc) (Entered: 09/03/2019)
2019-10-2916Joint STATUS REPORT by EQUITY FORWARD. (Creighton, Sara) (Entered: 10/29/2019)
2019-12-2017Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 12/20/2019)
2020-02-2818Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 02/28/2020)
2020-04-2819Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 04/28/2020)
2020-06-2920Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 06/29/2020)
2020-08-2821Joint STATUS REPORT by EQUITY FORWARD. (Creighton, Sara) (Entered: 08/28/2020)
2020-10-2722Joint STATUS REPORT by EQUITY FORWARD. (Creighton, Sara) (Entered: 10/27/2020)
2020-12-2823Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schaefer, Daniel) (Entered: 12/28/2020)
2021-02-2624Joint STATUS REPORT by EQUITY FORWARD. (Creighton, Sara) (Entered: 02/26/2021)
2021-03-01MINUTE ORDER. Upon consideration of the parties' 24 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before April 26, 2021. It is further ORDERED that the parties shall appear for a telephonic status conference on April 29, 2021, at 10:00 a.m. before Judge Trevor N. McFadden. Dial-in information will be sent to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/1/2021. (lctnm1) (Entered: 03/01/2021)
2021-03-01Set/Reset Deadlines/Hearings: Joint Status Report due by 4/26/2021. Telephonic Status Conference set for 4/29/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 03/01/2021)
2021-04-2625Joint STATUS REPORT AND PROPOSED SCHEDULE by EQUITY FORWARD. (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 04/26/2021)
2021-04-27MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, the telephonic status conference scheduled for April 29, 2021, is hereby rescheduled to June 17, 2021, at 3:00 p.m. Dial-in information will be sent to counsel. The parties shall submit a further Joint Status Report on or before June 14, 2021. If the parties reach a settlement in the meantime, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/27/2021. (lctnm1) (Entered: 04/27/2021)
2021-06-0226NOTICE OF WITHDRAWAL OF APPEARANCE as to EQUITY FORWARD. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/02/2021)
2021-06-1427STIPULATION of Dismissal by EQUITY FORWARD. (Creighton, Sara) (Entered: 06/14/2021)
2021-06-14MINUTE ORDER. Upon consideration of the parties' 27 Stipulation of Dismissal, this case is hereby DISMISSED without prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/14/2021. (lctnm1) (Entered: 06/14/2021)
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