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Case TitleLambda Legal Defense and Education Fund, Inc. v. United States Department of Health And Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv04707
Date Filed2019-05-22
Date ClosedOpen
JudgeJudge P. Kevin Castel
PlaintiffLambda Legal Defense and Education Fund, Inc.
Case DescriptionLambda Legal Defense and Education Fund submitted FOIA requests to the Department of Health and Human Services for records concerning whether to enforce a regulation prohibiting Medicare or Medicaid from discriminating against individuals based on sexual preferences. The agency acknowledged receipt of the request and told LLDEF that it had no records responsive to one item of its request. LLDEF filed an administrative appeal of that decision. LLDEF submitted a second FOIA request to HHS for records of communications between the agency and individuals listed in the request. The agency acknowledged receipt of the request. LLDEF submitted a third FOIA request to HHS for communications sent to political appointees at the agency pertaining to enforcing the regulation. The agency acknowledged receipt of that request. After hearing nothing further from the agency pertaining to any of its requests. LLDEF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Fees, Litigation - Attorney's fees

DefendantUnited States Department of Health And Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-05-221COMPLAINT against United States Department of Health And Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-16931619)Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Exhibit A - 2018.04.27 FOIA Request to HHS and CMS re Nondiscrimination Policies, # 2 Exhibit B - 2018.04.27 FOIA Request to HHS and CMS re Nondiscrimination Policies, # 3 Exhibit C - 2018.09.14 Response from HHS re Nondiscrimination Policies Request - No Records, # 4 Exhibit D - 2018.12.05 Letter to HHS FOIA Liaison re FOIA Requests, # 5 Exhibit E - 2018.12.13 Administrative Appeal of HHS FOIA Requests, # 6 Exhibit F - 2018.04.27 FOIA Request to HHS re Outside Organizations, # 7 Exhibit G - 2018.05.10 Clarification Letter from HHS re Outside Organizations Request, # 8 Exhibit H - 2018.05.10 Clarification Response to HHS re Outside Organizations Request, # 9 Exhibit I - 2018.04.27 FOIA Request to HHS re HHS Officials, # 10 Exhibit J - 2018.05.01 Acknowledgement Letter from HHS re HHS Officials Request)(Wesneski, Joshua) (Entered: 05/22/2019)
2019-05-222CIVIL COVER SHEET filed. (Wesneski, Joshua) (Entered: 05/22/2019)
2019-05-223REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services, re: 1 Complaint,,,,. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Wesneski, Joshua) (Entered: 05/22/2019)
2019-05-224RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lambda Legal Defense and Education Fund, Inc..(Wesneski, Joshua) (Entered: 05/22/2019)
2019-05-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 05/23/2019)
2019-05-23Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 05/23/2019)
2019-05-23Case Designated ECF. (pc) (Entered: 05/23/2019)
2019-05-235ELECTRONIC SUMMONS ISSUED as to United States Department of Health And Human Services. (pc) (Entered: 05/23/2019)
2019-05-236NOTICE OF APPEARANCE by Omar Gonzalez-Pagan on behalf of Lambda Legal Defense and Education Fund, Inc.. (Gonzalez-Pagan, Omar) (Entered: 05/23/2019)
2019-05-287ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/19/2019 at 11:45 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. So Ordered. (Signed by Judge P. Kevin Castel on 5/28/2019) (js) (Entered: 05/28/2019)
2019-06-068AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. United States Department of Health And Human Services served on 5/23/2019, answer due 6/13/2019. Service was made by Certified Mail. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Wesneski, Joshua) (Entered: 06/06/2019)
2019-06-069AFFIDAVIT OF SERVICE of Summons and Complaint,,,,. United States Department of Health And Human Services served on 5/24/2019, answer due 6/14/2019. Service was accepted by Haojun Li, Civil Clerk, United States Attorney's Office, Southern District of New York. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Wesneski, Joshua) (Entered: 06/06/2019)
2019-06-1010MOTION for Veronica Till Goodson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17053331. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Declaration of Veronica Till Goodson, # 2 Exhibit A - Certificate of Good Standing, District of Columbia, # 3 Exhibit B - Certificate of Good Standing, California, # 4 Text of Proposed Order)(Till Goodson, Veronica) (Entered: 06/10/2019)
2019-06-11>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Veronica Till Goodson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17053331. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 06/11/2019)
2019-06-1111ORDER granting 10 Motion for Veronica Till Goodson to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence) (Entered: 06/11/2019)
2019-06-1312NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Department of Health And Human Services. (Levine, Danielle) (Entered: 06/13/2019)
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by FOIA Project Staff
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