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Case TitleHucul v. United States Department of Health and Human Services et al
DistrictSouthern District of California
CitySan Diego
Case Number3:2020cv00035
Date Filed2020-01-07
Date Closed2021-03-15
JudgeJudge Gonzalo P. Curiel
PlaintiffMichael Hucul PRO SE ALLOWED TO E-FILE
Case DescriptionMichael Hucul submitted a FOIA request to the Office of Child Support Enforcement at the Department of Health and Human Services for records concerning California's child support enforcement program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Hucul filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Recovery of Costs

DefendantUnited States Department of Health and Human Services 200 Independence Ave, S.W. Washington D.C. 20201
DefendantAdministration for Children and Families 330 C Street, S.W. Washington, D.C. 20201
DefendantOffice of Child Support Enforcement 330 C Street, S.W. Washington, D.C. 20201
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-071COMPLAINT against Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services ( Filing fee $ 400 receipt number CAS118287.), filed by Michael Hucul. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits) The new case number is 3:20-cv-00035-GPC-AGS. Judge Gonzalo P. Curiel and Magistrate Judge Andrew G. Schopler are assigned to the case.(jmr) (rmc). (Entered: 01/07/2020)
2020-01-072MOTION for Leave to Electronically File Documents by Michael Hucul. (jmr) (rmc). (Entered: 01/07/2020)
2020-01-073Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons has been provided to plaintiffs not receiving notice electronically. (jmr) (rmc). (Entered: 01/07/2020)
2020-01-094ORDER Granting Plaintiff's 2 Motion for Leave to Electronically File Documents. Signed by Judge Gonzalo P. Curiel on 1/9/20. (All non-registered users served via U.S. Mail Service)(dlg) (Entered: 01/09/2020)
2020-01-105Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (rmc) (Entered: 01/10/2020)
2020-01-216SUMMONS Returned Executed by Michael Hucul. All Defendants served. (Attachments: # 1 Proof of Service Attorney General, # 2 Affidavit Declaration of Service, # 3 Exhibit Receipt, # 4 Exhibit Certidief mail receipt, # 5 Exhibit Confirmation of delivery, # 6 Exhibit Confirmation of delivery, # 7 Exhibit Confirmation of delivery, # 8 Exhibit Confirmation of delivery)(Hucul, Michael) QC email to file each summons returned executed separately (dlg). (Entered: 01/21/2020)
2020-02-147ANSWER to 1 Complaint, by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Church, Rebecca)Attorney Rebecca Grace Church added to party Administration for Children and Families(pty:dft), Attorney Rebecca Grace Church added to party Office of Child Support Enforcement(pty:dft), Attorney Rebecca Grace Church added to party United States Department of Health and Human Services(pty:dft) (dlg). (Entered: 02/14/2020)
2020-02-158SUMMONS Returned Executed by Michael Hucul. United States Department of Health and Human Services served. (Attachments: # 1 Exhibit Receipt, # 2 Exhibit Confirmation of delivery, # 3 Exhibit Email to file service separately)(Hucul, Michael) (Entered: 02/15/2020)
2020-02-159SUMMONS Returned Executed by Michael Hucul. Administration for Children and Families served. (Attachments: # 1 Exhibit Receipt, # 2 Exhibit Confirmation of delivery., # 3 Exhibit Email to file service separately.)(Hucul, Michael) (Entered: 02/15/2020)
2020-02-1510SUMMONS Returned Executed by Michael Hucul. Office of Child Support Enforcement served. (Attachments: # 1 Exhibit Receipt, # 2 Exhibit Confirmation of delivery., # 3 Exhibit Email to file service separately.)(Hucul, Michael) (Entered: 02/15/2020)
2020-02-2111ORDER (AGS): On March 11, 2020, at 1:00 p.m., the Court will hold a telephonic Case Management Conference. At that hearing, the parties must be prepared to address whether an Early Neutral Evaluation may be beneficial in this case. Defendants' counsel is responsible for initiating the joint call to chambers with all parties or their counsel on the line. By March 4, 2020, the parties must file a joint discovery plan. Signed by Magistrate Judge Andrew G. Schopler on 02/21/2020.(no document attached) (mxa) (Entered: 02/21/2020)
2020-03-0412JOINT DISCOVERY PLAN by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services re 11 Set Hearings,, (Attachments: # 1 Proof of Service)(Church, Rebecca) (dlg). (Entered: 03/04/2020)
2020-03-1113MINUTE ENTRY (AGS): On March 11, 2020, the Court held a case management conference. On May 29, 2020, at 1:30 p.m., the Court will hold a telephonic status conference. Defense counsel is responsible for initiating a joint call to the Court with plaintiff on the line. Signed by Magistrate Judge Andrew G. Schopler on 03/11/2020. (CD# 3/11/2020 AGS 1:00-1:10). (Plaintiff Michael Hucul, pro se). (Defendant Attorney Rebecca G. Church). (no document attached) (mxa) (Entered: 03/11/2020)
2020-05-2914MINUTE ENTRY (AGS): On May 29, 2020, the Court held a telephonic status conference. On July 14, 2020, at 4:00 p.m., the Court will hold another telephonic status conference. Defense counsel is responsible for initiating that joint call with plaintiff on the line. Signed by Magistrate Judge Andrew G. Schopler on 05/29/2020.(CD# 5/29/2020 AGS 1:30-1:40). (no document attached) (mxa) (Entered: 05/29/2020)
2020-07-1415MINUTE ENTRY (AGS): On July 14, 2020, the Court held a telephonic status conference. On September 1, 2020, at 4:00 p.m., the Court will hold a further telephonic status conference. Defendant's counsel is responsible for initiating the joint call with all parties on the line. Signed by Magistrate Judge Andrew G. Schopler on 07/14/2020.(CD# 7/14/2020 AGS 4:00-4:15). (Plaintiff Michael Hucul, pro se). (Defendant Attorney Rebecca Grace Church). (no document attached) (mxa) (Entered: 07/14/2020)
2020-09-0116MINUTE ENTRY (AGS): On September 1, 2020, the Court held a telephonic status conference. All motions for summary judgment are due December 1, 2020. Signed by Magistrate Judge Andrew G. Schopler on 09/01/2020. (CD# 9/1/2020 AGS 4:00-4:15). (Plaintiff Michael Hucul, pro se). (Defendant Attorney Rebecca Grace Church). (no document attached) (mxa) (Entered: 09/01/2020)
2020-12-0117MOTION for Summary Judgment by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Declaration Celeste Smith, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Statement of Facts, # 11 Proof of Service)(Church, Rebecca) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 12/01/2020)
2020-12-0118MOTION for Summary Judgment by Michael Hucul. (Attachments: # 1 Statement of Facts)(Hucul, Michael) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 12/01/2020)
2020-12-0319ORDER Setting Briefing Schedule re 17 , 18 : Responses due by 1/15/2021, Replies due by 1/29/2021. A hearing is set on February 26, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 12/3/20.(dlg) (Entered: 12/03/2020)
2021-01-1520RESPONSE in Opposition re 18 MOTION for Summary Judgment filed by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Declaration Smith, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Supplement Declaration Smith, # 11 Statement of Facts Opposition, # 12 Proof of Service)(Church, Rebecca) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 01/15/2021)
2021-01-1521RESPONSE in Opposition re 17 MOTION for Summary Judgment filed by Michael Hucul. (Attachments: # 1 Statement of Facts)(Hucul, Michael) (dlg). Modified on 1/21/2021 to send QC email for courtesy copies (dlg). (Entered: 01/15/2021)
2021-01-2922REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Church, Rebecca) (dlg). (Entered: 01/29/2021)
2021-01-2923REPLY - Other re 20 Response in Opposition to Motion,, filed by Michael Hucul. (Hucul, Michael) (dlg). (Entered: 01/29/2021)
2021-02-2524NOTICE re 17 MOTION for Summary Judgment, 18 MOTION for Summary Judgment set for 2/26/21 at 1:30 pm will be held telephonically. COUNSEL AND THE PUBLIC - FOR TELEPHONIC HEARINGS: Dial (877) 848-7030, Access Code: 7030611. (All non-registered users served via U.S. Mail Service)(no document attached) (ksr) (Entered: 02/25/2021)
2021-02-2625Minute Entry for proceedings held before Judge Gonzalo P. Curiel: TELEPHONICMotion Hearing held on 2/26/2021 re 17 MOTION for Summary Judgment filed by Office of Child Support Enforcement, United States Department of Health and Human Services, Administration for Children and Families, 18 MOTION for Summary Judgment filed by Michael Hucul; Court directs parties to file a 1- page letter brief re: case law on or before 3-5-21. Then the matter will be taken under submission. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Michael Hucul (by phone)). (Defendant Attorney Rebecca Church (by phone)). (no document attached) (ksr) (Entered: 02/26/2021)
2021-03-0426REPLY - Other re 17 MOTION for Summary Judgment , 25 Motion Hearing,, 18 MOTION for Summary Judgment Letter Brief filed by Administration for Children and Families, Office of Child Support Enforcement, United States Department of Health and Human Services. (Attachments: # 1 Proof of Service)(Church, Rebecca) (jpp). (Entered: 03/04/2021)
2021-03-0427REPLY - Other re 25 Motion Hearing,, Letter brief filed by Michael Hucul. (Hucul, Michael) (dlg). (Entered: 03/04/2021)
2021-03-1528ORDER Denying Plaintiff's Motion for Summary Judgment and Granting Defendant's Motion for Summary Judgment (ECF Nos. 17 , 18 ). Signed by Judge Gonzalo P. Curiel on 3/15/21. (dlg) (Entered: 03/15/2021)
2021-03-1529CLERK'S JUDGMENT. The Court DENIES Plaintiff's motion for summary judgment and GRANTS Defendants' motion for summary judgment. The Clerk of Court shall enter judgment and close the case. Case is closed.(dlg) (Entered: 03/15/2021)
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