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Case TitleSchulof v. Department of Health and Human Services
DistrictDistrict of Utah
CityCentral
Case Number2:2019cv00562
Date Filed2019-08-09
Date ClosedOpen
JudgeJudge Clark Waddoups
PlaintiffDaniel Schulof
Case DescriptionDaniel Schulof, a reporter covering the pet food industry, submitted a FOIA request to the FDA for records concerning an investigation of the percentage of grain in pet foods. The investigation was being conducted by three research veterinarians at public universities who Schulof worked for companies that controlled most of the pet food industry. The agency acknowledged receipt of the request but denied it entirely under Exemption 7(A) (interference with ongoing investigation or proceeding). Schulof filed an administrative appeal of the denial but after hearing nothing further from the agency, Schulof filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Recovery of Costs

DefendantDepartment of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2019-08-091COMPLAINT against Department of Health and Human Services (Filing fee $ 400, receipt number 4681087408) (Fee Status: Paid) filed by Daniel Schulof. (Attachments: # 1 Civil Cover Sheet ) Assigned to Judge Clark Waddoups (tlh) (Entered: 08/09/2019)
2019-08-122ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters. No attached document. Signed by Magistrate Judge Paul M. Warner on 8/12/2019. (ncw) (Entered: 08/12/2019)
2019-08-203**RESTRICTED DOCUMENT** Summons Issued as to Department of Health and Human Services. (tlh) (Entered: 08/20/2019)
2019-08-204**RESTRICTED DOCUMENT** Summons Issued as to Attorney General. (tlh) (Entered: 08/20/2019)
2019-08-205**RESTRICTED DOCUMENT** Summons Issued as to US Attorney. (tlh) (Entered: 08/20/2019)
2019-09-166**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Daniel Schulof. Department of Health and Human Services served on 8/30/2019, answer due 10/29/2019. (jmr) (Entered: 09/16/2019)
2019-09-167**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Summons returned Executed served on United States Attorney on 9/10/19 filed by Plaintiff Daniel Schulof. (jmr) (Entered: 09/23/2019)
2019-10-098Joint MOTION to Stay filed by Defendant Department of Health and Human Services. Motions referred to Paul M. Warner. Attorney Melina Shiraldi added to party Department of Health and Human Services(pty:dft)(Shiraldi, Melina) (Entered: 10/09/2019)
2019-10-109ORDER granting Joint 8 Motion to Stay until April 7, 2020 to reach a joint resolution. See Order for details. Signed by Magistrate Judge Paul M. Warner on 10/10/19. (jmr) (Entered: 10/10/2019)
2020-04-0610STATUS REPORT (JOINT) by Department of Health and Human Services. (Shiraldi, Melina) (Entered: 04/06/2020)
2020-04-1011ORDER - IT IS HEREBY ORDERED that this action remain STAYED. The parties shall file a joint status report within 90 days after the date of this order and, if necessary, every 90 days thereafter. Signed by Magistrate Judge Paul M. Warner on 4/10/20. (jrj) (Entered: 04/10/2020)
2020-06-0312REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Jared C. Bennett. Magistrate Judge Paul M. Warner no longer assigned to the case. Case number will now read 2:19cv00562-CW-JCB. Please make changes to document captions accordingly. (kpf) (Entered: 06/03/2020)
2020-07-0713STATUS REPORT by Department of Health and Human Services. (Shiraldi, Melina) (Entered: 07/07/2020)
2020-10-0614STATUS REPORT by Department of Health and Human Services. (Shiraldi, Melina) (Entered: 10/06/2020)
2020-12-3015STATUS REPORT by Department of Health and Human Services. (Shiraldi, Melina) (Entered: 12/30/2020)
2021-04-0916STATUS REPORT by Department of Health and Human Services. (Shiraldi, Melina) (Entered: 04/09/2021)
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by FOIA Project Staff
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