Skip to content

Case Detail

[Subscribe to updates]
Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00876
Date Filed2019-03-27
Date Closed2021-03-12
JudgeJudge Trevor N. McFadden
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted FOIA requests to the FDA and the National Institute for Health for records concerning contracts between the agency and Advanced Biosciences Resources for provision of human fetal tissue to be used in humanized mice research. Both agencies acknowledged receipt of the requests, but after hearing nothing further from either agency, Judicial Watch 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
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-271COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6025105) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Attorney, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Department of Health and Human Services)(Orfanedes, Paul) (Entered: 03/27/2019)
2019-03-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 03/27/2019)
2019-03-27Case Assigned to Judge Trevor N. McFadden. (zef, ) (Entered: 03/27/2019)
2019-03-273SUMMONS (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: 03/27/2019)
2019-03-284STANDING 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 03/28/2019. (lctnm2) (Entered: 03/28/2019)
2019-04-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/1/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/1/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/1/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/1/2019 (Attachments: # 1 Declaration of Cristina Rotaru)(Orfanedes, Paul) (Entered: 04/02/2019)
2019-05-016ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Clark, Denise) (Entered: 05/01/2019)
2019-05-01MINUTE 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 Joint Status Report on or before June 3, 2019. Signed by Judge Trevor N. McFadden on 05/1/2019. (lctnm2) (Entered: 05/01/2019)
2019-05-01Set/Reset Deadlines: Joint Status Report due by 6/3/2019. (hmc) (Entered: 05/01/2019)
2019-05-317Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 05/31/2019)
2019-06-04MINUTE ORDER. Upon considering the parties' 7 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before August 2, 2019. The Joint Status Report should inform the Court about the Defendant's processing of the Plaintiff's request and how the parties wish to proceed in this matter. Signed by Judge Trevor N. McFadden on 06/04/2019. lctnm2) (Entered: 06/04/2019)
2019-06-04Set/Reset Deadlines: Joint Status Report due by 8/2/2019. (hmc) (Entered: 06/04/2019)
2019-08-028Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 08/02/2019)
2019-08-05MINUTE ORDER. Upon consideration of 8 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before October 2, 2019. Signed by Judge Trevor N. McFadden on 8/5/2019. (lctnm1) (Entered: 08/05/2019)
2019-08-05Set/Reset Deadlines: Joint Status Report due by 10/2/2019. (hmc) (Entered: 08/05/2019)
2019-10-029Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Clark, Denise) (Entered: 10/02/2019)
2019-10-02MINUTE ORDER. Upon consideration of 9 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report on or before February 3, 2020. Signed by Judge Trevor N. McFadden on 10/2/2019. (lctnm2) (Entered: 10/02/2019)
2019-10-03Set/Reset Deadlines: Joint Status Report due by 2/3/2020. (hmc) (Entered: 10/03/2019)
2019-11-2710NOTICE OF SUBSTITUTION OF COUNSEL by Michelle D. Jackson on behalf of All Defendants Substituting for attorney Denise M. Clark (Jackson, Michelle) (Entered: 11/27/2019)
2020-02-0311Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 02/03/2020)
2020-02-03MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before April 6, 2020. It is further ORDERED that the parties shall appear for a status conference on April 10, 2020, at 10:00 a.m. in Courtroom 2, before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/3/2020. (lctnm2) (Entered: 02/03/2020)
2020-02-04Set/Reset Deadlines/Hearings: Joint Status Report due by 4/6/2020. Status Conference set for 4/10/2020 at 10:00 AM in Courtroom 2 before Judge Trevor N. McFadden. (hmc) (Entered: 02/04/2020)
2020-03-26MINUTE ORDER. It is hereby ORDERED that the status conference scheduled for April 10, 2020, is VACATED. A joint status report remains due on or before April 6, 2020. The status report should inform the Court of any remaining disputes between the parties and propose a briefing schedule, if necessary. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/26/2020. (lctnm2) (Entered: 03/26/2020)
2020-04-0612Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Orfanedes, Paul) (Entered: 04/06/2020)
2020-04-07MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is hereby ORDERED that the parties shall adhere to the following briefing schedule. Defendant shall file its motion for summary judgment on or before July 6, 2020. Plaintiff shall file its combined opposition and cross-motion for summary judgment on or before August 5, 2020. Defendant shall file its combined reply and opposition on or before August 19, 2020. Plaintiff shall file its reply, if any, on or before September 2, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/7/2020. (lctnm2) (Entered: 04/07/2020)
2020-04-07Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 7/6/2020. Plaintiff's Opposition and Cross Motion due by 8/5/2020. Defendant's reply and opposition due by 8/19/2020. Plaintiff's reply due by 9/2/2020. (zhmc) (Entered: 04/07/2020)
2020-05-1513NOTICE OF SUBSTITUTION OF COUNSEL by Kristin Brudy-Everett on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Michelle D. Jackson (Brudy-Everett, Kristin) (Entered: 05/15/2020)
2020-07-0214Consent MOTION to Amend/Correct Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 07/02/2020)
2020-07-06MINUTE ORDER granting Defendant's 14 Consent Motion to Amend Briefing Schedule. The summary judgment briefing schedule is adjusted as follows: Defendant's motion for summary judgment is due on or before July 13, 2020. Plaintiff's combined opposition and cross-motion for summary judgment is due on or before August 12, 2020. Defendant's combined reply and opposition is due on or before August 26, 2020. Plaintiff's reply, if any, is due on or before September 9, 2020. The Court directs the parties' attention to Paragraph 9(A) of the Court's 4 Standing Order, which states that "[m]otions for extensions of time... must be filed at least four business days prior to the first affected deadline." Any future motions for extension that fail to comply with this requirement may be denied. And further requests for extension of time will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/6/2020. (lctnm2) (Entered: 07/06/2020)
2020-07-06Set/Reset Deadlines: Defendant's motion for summary judgment due by 7/13/2020. Plaintiff's combined opposition and cross-motion for summary judgment due by 8/12/2020. Defendant's combined reply and opposition due by 8/26/2020. Plaintiff's reply due by 9/9/2020. (hmc) (Entered: 07/06/2020)
2020-07-1315MOTION for Summary Judgment and Statement of Facts by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration of Katherine Uhl, # 2 Exhibit 1-7, # 3 Declaration of Gorka Garcia-Malene, # 4 Exhibit 1-5, # 5 Declaration of Howard R. Philips, # 6 Exhibit 1, # 7 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 07/13/2020)
2020-08-1116Memorandum in opposition to re 15 MOTION for Summary Judgment and Statement of Facts filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration (With Exhibits 1-12), # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 08/11/2020)
2020-08-1117Cross MOTION for Summary Judgment by JUDICIAL WATCH, INC. (Attachments: # 1 Declaration (With Exhibits 1-12), # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 08/11/2020)
2020-08-1218NOTICE of Appearance by Meredith Leigh Di Liberto on behalf of JUDICIAL WATCH, INC. (Di Liberto, Meredith) (Entered: 08/12/2020)
2020-08-1919Consent MOTION to Amend/Correct Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 08/19/2020)
2020-08-19MINUTE ORDER granting Defendant's 14 Consent Motion to Amend Briefing Schedule. Defendant shall file its combined reply and opposition on or before September 9, 2020. Plaintiff shall file its reply, if any, on or before September 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/19/2020. (lctnm2) (Entered: 08/19/2020)
2020-08-20Set/Reset Deadlines: Defendant's combined reply and opposition due by 9/9/2020. Plaintiff's reply due by 9/23/2020. (hmc) (Entered: 08/20/2020)
2020-09-0920Memorandum in opposition to re 17 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts, # 2 Exhibit A - Supplemental Declaration of Howard R. Philips, # 3 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/09/2020)
2020-09-0921REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment (same as ECF 20) filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts, # 2 Exhibit A - Supplemental Declaration of Howard R. Philips, # 3 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/09/2020)
2020-09-2322REPLY to opposition to motion re 17 Cross MOTION for Summary Judgment filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration (Supplemental) of Meredith Di Liberto)(Di Liberto, Meredith) (Entered: 09/23/2020)
2020-10-1623MOTION to Amend/Correct Correct the Record by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Brudy-Everett, Kristin) (Entered: 10/16/2020)
2020-10-1924Memorandum in opposition to re 23 MOTION to Amend/Correct Correct the Record filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 10/19/2020)
2021-03-1125MEMORANDUM OPINION re Defendant's 15 Motion for Summary Judgment, Plaintiff's 17 Cross Motion for Summary Judgment, and Defendant's 23 Motion to Correct the Record. Signed by Judge Trevor N. McFadden on 3/11/2021. (lctnm2) (Entered: 03/11/2021)
2021-03-1126ORDER. For the reasons stated in 25 Memorandum Opinion, Defendant's 15 Motion for Summary Judgment is DENIED, Plaintiff's 17 Cross Motion for Summary Judgment is GRANTED, and Defendant's 23 Motion to Correct the Record is DENIED. Signed by Judge Trevor N. McFadden on 3/11/2021. (lctnm2) (Entered: 03/11/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar