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Case TitleDEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00882
Date Filed2019-03-28
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffDEMOCRACY FORWARD FOUNDATION
Case DescriptionDemocracy Forward Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning its rulemaking entitled Protecting Statutory Conscience Rights in Health Care Delegations of Authority. DFF also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, DFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT 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

2019-03-281COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-6028033) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit FOIA request, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Grogg, Adam) (Entered: 03/28/2019)
2019-03-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Grogg, Adam) (Entered: 03/28/2019)
2019-03-29Case Assigned to Judge Randolph D. Moss. (zef, ) (Entered: 03/29/2019)
2019-03-293SUMMONS (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)(zef, ) (Entered: 03/29/2019)
2019-04-084STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 4/8/2019. (lcrdm1, ) (Entered: 04/08/2019)
2019-04-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/12/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/8/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 5/8/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/08/2019. (Attachments: # 1 Declaration)(Grogg, Adam) (Entered: 04/15/2019)
2019-04-16NOTICE OF ERROR re 5 Summons Returned Executed as to Federal Defendant; emailed to agrogg@democracyforward.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. The receipts need to be electronically filed in this case. In the future, file them with the return of service entry. (ztd, ) (Entered: 04/16/2019)
2019-05-086NOTICE of Appearance by Christopher Charles Hair on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Hair, Christopher) (Entered: 05/08/2019)
2019-05-087ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Hair, Christopher) (Entered: 05/08/2019)
2019-06-178Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Grogg, Adam) (Entered: 06/17/2019)
2019-06-20MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 17, 2019. Signed by Judge Randolph D. Moss on 6/20/2019. (lcrdm1, ) (Entered: 06/20/2019)
2019-06-20Set/Reset Deadlines: Joint Status Report due by 7/17/2019. (kt) (Entered: 06/20/2019)
2019-07-179Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 07/17/2019)
2019-07-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 9 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 16, 2019. Signed by Judge Randolph D. Moss on 7/17/2019. (lcrdm1, ) (Entered: 07/17/2019)
2019-07-18Set/Reset Deadlines: Joint Status Report due by 9/16/2019. (kt) (Entered: 07/18/2019)
2019-08-0810NOTICE OF SUBSTITUTION OF COUNSEL by Javier M. Guzman on behalf of DEMOCRACY FORWARD FOUNDATION Substituting for attorney Adam Grogg (Guzman, Javier) (Entered: 08/08/2019)
2019-09-1611Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 09/16/2019)
2019-09-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 15, 2019. Signed by Judge Randolph D. Moss on 9/17/2019. (lcrdm1, ) (Entered: 09/17/2019)
2019-09-17Set/Reset Deadlines: Joint Status Report due by 10/15/2019. (kt) (Entered: 09/17/2019)
2019-10-1512Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 10/15/2019)
2019-10-1613NOTICE of Appearance by Kristen Paige Miller on behalf of DEMOCRACY FORWARD FOUNDATION (Miller, Kristen) (Entered: 10/16/2019)
2019-10-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 12 , it is hereby ORDERED that: (1) the agency shall make its initial production on or before November 22, 2019, for which it shall process at least 500 potentially responsive pages, and (2) the agency shall thereafter make rolling productions occurring once every two months, for which the agency will process at least 1,000 potentially responsive pages. It is further ORDERED that the parties shall file a further joint status report on or before December 16, 2020. Signed by Judge Randolph D. Moss on 10/17/19. (lcrdm1) (Entered: 10/17/2019)
2019-10-17Set/Reset Deadlines: Joint Status Report due by 12/16/2020. (dot) (Entered: 10/18/2019)
2019-11-2514NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered: 11/25/2019)
2019-12-1615Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 12/16/2019)
2020-01-22MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 1/22/20. (lcrdm1) (Entered: 01/22/2020)
2020-01-23MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 15 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 17, 2020. Signed by Judge Randolph D. Moss on 1/23/20. (lcrdm1) (Entered: 01/23/2020)
2020-02-1716Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 02/17/2020)
2020-02-18MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 16 , it is hereby ORDERED that the parties shall file a further status report on or before April 17, 2020. Signed by Judge Randolph D. Moss on 2/18/20. (lcrdm1) (Entered: 02/18/2020)
2020-04-1717Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 04/17/2020)
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