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Case TitlePro Publica, Inc. v. United States Department of Health & Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv04092
Date Filed2020-05-28
Date ClosedOpen
JudgeJudge Lorna G. Schofield
PlaintiffPro Publica, Inc.
Case DescriptionPro Publica submitted FOIA requests to the Department of Health and Human Services for records concerning the oversight and use of the Strategic National Stockpile. Pro Publica also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Pro Publica filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Department of Health & Human Services
Documents
Docket
Complaint
Opinion/Order [19]
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-281COMPLAINT against United States Department of Health & Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-20018367)Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-282CIVIL COVER SHEET filed..(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-283REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health & Human Services, re: 1 Complaint. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-284RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-29CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 05/29/2020)
2020-05-29Magistrate Judge Katharine H. Parker 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 . (pc) (Entered: 05/29/2020)
2020-05-29Case Designated ECF. (pc) (Entered: 05/29/2020)
2020-05-295ELECTRONIC SUMMONS ISSUED as to United States Department of Health & Human Services..(pc) (Entered: 05/29/2020)
2020-06-096AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Health & Human Services served on 6/1/2020, answer due 7/1/2020. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 06/09/2020)
2020-06-247ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at August 13, 2020 at 10:50 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. Initial Conference set for 8/13/2020 at 10:50 AM before Judge Lorna G. Schofield via telephone. (Signed by Judge Lorna G. Schofield on 6/24/2020) (rj) (Entered: 06/25/2020)
2020-06-298AFFIDAVIT OF SERVICE of June 24, 2020 Order of Judge Lorna G. Schofield served on U.S. Department of Health and Human Services on June 25, 2020. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 06/29/2020)
2020-07-019NOTICE OF APPEARANCE by Jennifer Ellen Blain on behalf of United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 07/01/2020)
2020-07-0110ANSWER to 1 Complaint. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 07/01/2020)
2020-07-1511FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul J. Safier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20693702. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pro Publica, Inc.. (Attachments: # 1 Affidavit of Paul J. Safier in Support, # 2 Exhibit A to Safier Aff., # 3 Text of Proposed Order).(Safier, Paul) Modified on 7/15/2020 (vba). (Entered: 07/15/2020)
2020-07-15>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for Paul J. Safier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20693702. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) (Entered: 07/15/2020)
2020-07-1512NOTICE OF APPEARANCE by Joseph Slaughter on behalf of Pro Publica, Inc...(Slaughter, Joseph) (Entered: 07/15/2020)
2020-07-1513MOTION for Paul Safier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pro Publica, Inc.. (Attachments: # 1 Affidavit of Paul Safier, # 2 Exhibit A to Safier Aff., # 3 Text of Proposed Order).(Safier, Paul) (Entered: 07/15/2020)
2020-07-15>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Paul Safier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (vba) (Entered: 07/15/2020)
2020-07-1514MOTION for Al-Amyn Sumar to Withdraw as Attorney . Document filed by Pro Publica, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service).(Sumar, Al-Amyn) (Entered: 07/15/2020)
2020-07-1515DECLARATION of Al-Amyn Sumar in Support re: 14 MOTION for Al-Amyn Sumar to Withdraw as Attorney .. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 07/15/2020)
2020-08-0316ORDER granting 14 MOTION for Al-Amyn Sumar to Withdraw as Attorney. IT IS HEREBY ORDERED that the noticed request to withdraw Al-Amyn Sumar as counsel for Plaintiff Pro Publica, Inc. is granted, and the appearance of Mr. Sumar is hereby withdrawn as of the date of this Order. Attorney Al-Amyn Shiraz Sumar terminated. (Signed by Judge Lorna G. Schofield on 8/3/2020) (jca) (Entered: 08/03/2020)
2020-08-0617JOINT LETTER addressed to Judge Lorna G. Schofield from Joseph Slaughter, Paul J. Safier, Ellen Blain dated August 6, 2020 re: Pretrial Conference. Document filed by Pro Publica, Inc...(Slaughter, Joseph) (Entered: 08/06/2020)
2020-08-1018ORDER granting 13 Motion for Paul Safier to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 08/10/2020)
2020-08-1019ORDER: It is hereby ORDERED that the August 13, 2020, initial pretrial conference is cancelled. It is further ORDERED that the parties shall file a joint letter by August 21, 2020, providing a proposed schedule for the production and processing of documents, and, if necessary, summary judgment briefs. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/10/2020) (cf) (Entered: 08/10/2020)
2020-08-2120JOINT LETTER addressed to Judge Lorna G. Schofield from Paul J. Safier, Ellen Blain dated August 21, 2020 re: Proposed Schedule. Document filed by Pro Publica, Inc...(Safier, Paul) (Entered: 08/21/2020)
2020-08-2421MEMO ENDORSEMENT on re: 20 Letter filed by Pro Publica, Inc. ENDORSEMENT: Application GRANTED in part. By September 4, 2020, each party shall file a letter, not to exceed three (3) pages inclusive of any exhibits per Individual Rule III.A.1, providing its position on a schedule for the processing and production of responsive, non-exempt documents. (Signed by Judge Lorna G. Schofield on 8/24/2020) (cf) (Entered: 08/24/2020)
2020-09-0422RESPONSE re: 21 Memo Endorsement, . Document filed by Pro Publica, Inc...(Safier, Paul) (Entered: 09/04/2020)
2020-09-0423LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated September 4, 2020 re: HHS Processing Schedule. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 09/04/2020)
2020-09-1124ORDER: Upon review of the parties' submissions, it is hereby ORDERED that Defendant shall process and produce responsive non-exempt documents at a rate of at least 1,000 pages per month. Any disputes with respect to the processing or production of records under this Order shall be governed by Individual Rule II.B.2, concerning discovery disputes. It is further ORDERED that the parties shall file a joint status letter on the progress of the FOIA productions by September 30, 2020, and every 30 days thereafter. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/11/2020) (cf) (Entered: 09/11/2020)
2020-09-3025LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated September 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 09/30/2020)
2020-10-3026LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated October 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 10/30/2020)
2020-11-3027LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated November 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 11/30/2020)
2020-12-3028LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated December 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 12/30/2020)
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