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Case TitleDow Jones & Company, Inc. et al v. Department of Health & Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv03145
Date Filed2020-04-20
Date ClosedOpen
JudgeMagistrate Judge Gabriel W. Gorenstein
PlaintiffDow Jones & Company, Inc.
PlaintiffChristopher Weaver
Case DescriptionWall Street Journal reporter Christopher Weaver submitted a FOIA request to the Department of Health and Human Services for records concerning reports submitted by Integritas to the agency pursuant to a procurement award. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Wall Street Journal filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Health & Human Services
Documents
Docket
Complaint
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-201COMPLAINT against Department of Health & Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19508166)Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/20/2020)
2020-04-202CIVIL COVER SHEET filed..(Berlin, Seth) (Entered: 04/20/2020)
2020-04-203STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-3063. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/20/2020)
2020-04-204RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation, Other Affiliate News Preferred Holdings, Inc., Other Affiliate Ruby Newco, LLC for Dow Jones & Company, Inc.. Document filed by Dow Jones & Company, Inc...(Berlin, Seth) (Entered: 04/20/2020)
2020-04-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) (Entered: 04/21/2020)
2020-04-21Case Designated ECF. (pne) (Entered: 04/21/2020)
2020-04-21CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 20CV3063. (pne) (Entered: 04/21/2020)
2020-04-215FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Dept. of Health & Human Servs., re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/22/2020 (pc). (Entered: 04/21/2020)
2020-04-216FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Dept. of Justice, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/22/2020 (pc). (Entered: 04/21/2020)
2020-04-217FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney's Office, S.D.N.Y., re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/22/2020 (pc). (Entered: 04/21/2020)
2020-04-22***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seth D. Berlin to RE-FILE Document No. 5 Request for Issuance of Summons, 7 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party name must exactly match what is listed on the complaint caption title. Only parties listed on the complaint caption title can be issued a summons. Include c/o after the party's name if you wish to serve at multiple addresses;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 04/22/2020)
2020-04-228FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/23/2020 (jgo). (Entered: 04/22/2020)
2020-04-229FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, c/o U.S. Department of Justice, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/23/2020 (jgo). (Entered: 04/22/2020)
2020-04-2210FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, c/o U.S. Attorney's Office, S.D.N.Y., re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/23/2020 (jgo). (Entered: 04/22/2020)
2020-04-23***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seth D. Berlin to RE-FILE Document No. 8 Request for Issuance of Summons, 9 Request for Issuance of Summons, 10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF case caption and the PDF 'To' section must match exactly as it appears on the pleading caption (Department of Health & Human Services). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 04/23/2020)
2020-04-2311REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/23/2020)
2020-04-2312REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/23/2020)
2020-04-2313REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/23/2020)
2020-04-2414ELECTRONIC SUMMONS ISSUED as to Department of Health & Human Services..(jgo) (Entered: 04/24/2020)
2020-04-2415ELECTRONIC SUMMONS ISSUED as to Department of Health & Human Services..(jgo) (Entered: 04/24/2020)
2020-04-2416ELECTRONIC SUMMONS ISSUED as to Department of Health & Human Services..(jgo) (Entered: 04/24/2020)
2020-05-1917AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020)
2020-05-1918AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020)
2020-05-1919AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020)
2020-05-1920LETTER MOTION to Consolidate Cases 1:20-cv-3145 and 1:20-cv-3063 addressed to Judge Vernon S. Broderick from Seth D. Berlin dated 05/19/2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020)
2020-05-22Magistrate Judge Gabriel W. Gorenstein 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (ad) (Entered: 05/22/2020)
2020-05-22CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03063-VSB. Notice of Assignment to follow. (ad) (Entered: 05/22/2020)
2020-05-22NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (ad) (Entered: 05/22/2020)
2020-06-1121ANSWER to 1 Complaint. Document filed by Department of Health & Human Services..(Simon, Jennifer) (Entered: 06/11/2020)
2020-06-2922ORDER: In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge is available to conduct all proceedings in this case, including but not limited to any decisions on motions, any jury or nonjury trial, and/or the entry of a final judgment. An appeal from a judgment entered by a Magistrate Judge, if any, is taken directly to the United States Court of Appeals in the same manner as an appeal from any other judgment of this district court. It is the practice of the United States Magistrate Judges of this Court, including the undersigned, that cases that go to trial are given a firm trial date (rather than being placed on a "ready trial" list requiring the parties to be ready to try the case on short notice). Exercise of jurisdiction by a Magistrate Judge is permitted only if all parties voluntarilyconsent. To determine whether the parties wish to voluntarily consent, defense counsel is directed to send to counsel for plaintiff on or before July 1, 2020, a copy of the attached consent form bearing either (1) a signature indicating consent to the Magistrate Judge conducting all proceedings in this matter or (2) a notation that the defendant does not consent. On or before July 6, 2020, plaintiff's counsel is directed to file a letter on ECF either stating that both sides have not consented or attaching the signed consent form. If any party has not consented, counsel for the plaintiff shall not inform the clerk which of the parties have not consented but shall merely state that there has not been consent by all parties. This Order is not intended to interfere with the parties' right to have a trial and/or any other dispositive proceedings before a United States District Judge. The parties are free to withhold their consent without adverse substantive consequences, although this will prevent the Court's jurisdiction from being exercised by a United States Magistrate Judge. If any party withholds consent, the identity of the parties consenting or withholding consent shall not be communicated to any Magistrate Judge or District Judge to whom the case has been assigned. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/26/2020) (ama) (Entered: 06/29/2020)
2020-06-2923LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth D. Berlin dated 06/29/2020 re: Order of June 29, 2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver. (Attachments: # 1 Exhibit Consent to Proceed Before Magistrate).(Berlin, Seth) (Entered: 06/29/2020)
2020-06-2924NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Department of Health & Human Services, Dow Jones & Company, Inc., Christopher Weaver. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. IT IS ORDERED. (Signed by Judge Vernon S. Broderick on 6/29/2020) (ama) (Entered: 06/29/2020)
2020-06-30CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-03063-GWG.. (jwh) (Entered: 06/30/2020)
2020-06-3025ORDER: At the parties' request, the above actions are consolidated for all purposes pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure. Any future filings shall be made only in Docket 20 Civ. 3063 and shall be deemed to be filed in both cases. The parties are directed to confer and, by July 17, 2020, either file a plan pursuant to Fed. R. Civ. P. 26(f) or file a letter containing a proposal (or separate proposals) for the disposition of these two cases. If the parties seek a conference with the Court, they may so state in their filing. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/30/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (jwh) (Entered: 06/30/2020)
2020-07-0826JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth D. Berlin dated 07/08/2020 re: Response to Order of June 30, 2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver.Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Berlin, Seth) (Entered: 07/08/2020)
2020-07-0927MEMO ENDORSEMENT: on re: (14 in 1:20-cv-03063-GWG, 26 in 1:20-cv-03145-GWG) Letter, filed by Dow Jones & Company, Inc., Christopher Weaver. ENDORSEMENT: The above schedule is approved. SO ORDERED., ( Cross Motions due by 9/14/2020., Motions due by 8/14/2020., Responses due by 10/12/2020, Replies due by 11/2/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (ama) (Entered: 07/09/2020)
2020-08-0528ORDER: granting (17) Motion for Matthew Edward Kelley to Appear Pro Hac Vice in case 1:20-cv-03063-GWG. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (ama) (Entered: 08/05/2020)
2020-10-1229REPLY MEMORANDUM OF LAW in Support re: (19 in 1:20-cv-03063-GWG) MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Summary Judgment . Document filed by Department of Health and Human Services, Department of Health & Human Services. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) (Entered: 10/12/2020)
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by FOIA Project Staff
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