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Case TitleHARRINGTON v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02671
Date Filed2020-09-21
Date Closed2022-12-12
JudgeJudge Rudolph Contreras
PlaintiffKOHL HARRINGTON
Case DescriptionKohl Harrington, a documentary filmmaker, submitted three FOIA requests for emails from agency employees Brandon Gaylord, Michael Marquis, Kim Hutchinson, Natasha Taylor, Brandon Lancey, or Greg Montross containing Kohl Harrington as the key term. He also submitted a request to the FDA for all records of appeals. The agency acknowledged receipt of the request but after hearing nothing further from the agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-211COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7617457) filed by KOHL HARRINGTON. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Civil Cover Sheet, # 4 Summons)(Wayne, Merrick) (Entered: 09/21/2020)
2020-09-212NOTICE of Appearance by Merrick Jason Wayne on behalf of KOHL HARRINGTON (Wayne, Merrick) (Entered: 09/21/2020)
2020-09-213NOTICE of Appearance by Matthew Topic on behalf of KOHL HARRINGTON (Topic, Matthew) (Entered: 09/21/2020)
2020-09-22Case Assigned to Judge Rudolph Contreras. (adh, ) (Entered: 09/22/2020)
2020-09-224SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/22/2020)
2020-10-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/1/2020 (Wayne, Merrick) (Entered: 10/26/2020)
2020-10-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/1/2020. (Wayne, Merrick) (Entered: 10/26/2020)
2020-10-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/2/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/1/2020. (Wayne, Merrick) (Entered: 10/26/2020)
2020-11-028ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 11/02/2020)
2020-11-02VACATED as per minute order dated 11/16/2020............MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before November 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/2/2020. (lcrc1) (Entered: 11/02/2020)
2020-11-02Set/Reset Deadlines: Proposed Briefing Schedule due by 11/16/2020. (tj) (Entered: 11/02/2020)
2020-11-169Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 11/16/2020)
2020-11-16MINUTE ORDER: Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that the Court's minute order dated November 2, 2020, is VACATED. It is FURTHER ORDERED that the parties shall submit another joint status report on or before December 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/16/2020. (lcrc1) (Entered: 11/16/2020)
2020-11-16Set/Reset Deadlines: Status Report due by 12/16/2020. (tj) (Entered: 11/16/2020)
2020-12-1610Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 12/16/2020)
2020-12-16MINUTE ORDER: Upon consideration of 10 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 22, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/16/2020. (lcrc1) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Status Report due by 1/22/2021 (tj) (Entered: 12/16/2020)
2021-01-2211Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER: Upon consideration of 11 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/22/2021. (lcrc1) (Entered: 01/22/2021)
2021-01-25Set/Reset Deadlines: Status Report due by 2/26/2021. (tj) (Entered: 01/25/2021)
2021-02-2612Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 02/26/2021)
2021-02-26MINUTE ORDER: Upon consideration of 12 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 14, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 2/26/2021. (lcrc1) (Entered: 02/26/2021)
2021-02-26Set/Reset Deadlines: Status Report due by 4/14/2021. (tj) (Entered: 02/26/2021)
2021-04-1413Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/14/2021)
2021-04-14MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 15, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 4/14/2021. (lcrc1) (Entered: 04/14/2021)
2021-04-15Set/Reset Deadlines: Status Report due by 6/15/2021. (tj) (Entered: 04/15/2021)
2021-06-1514Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/15/2021)
2021-06-16MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/16/2021. (lcrc1) (Entered: 06/16/2021)
2021-08-2615Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 08/26/2021)
2021-08-26MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 14, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/26/2021. (lcrc1) (Entered: 08/26/2021)
2021-10-1316Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 10/13/2021)
2021-10-13MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/13/2021. (lcrc1) (Entered: 10/13/2021)
2021-12-1717Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 12/17/2021)
2021-12-17MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 24, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/17/2021. (lcrc1) (Entered: 12/17/2021)
2022-01-2418Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 01/24/2022)
2022-01-24MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 3, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 01/24/2022. (lcrc1) (Entered: 01/24/2022)
2022-03-0319Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 03/03/2022)
2022-03-03MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 18, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 03/03/2022. (lcrc1) (Entered: 03/03/2022)
2022-04-1820NOTICE of Appearance by Joshua Loevy on behalf of KOHL HARRINGTON (Loevy, Joshua) (Entered: 04/18/2022)
2022-04-1821Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/18/2022)
2022-04-18MINUTE ORDER: Upon consideration of 21 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 17, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 04/18/2022. (lcrc1) (Entered: 04/18/2022)
2022-06-1522Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/15/2022)
2022-06-15MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 22, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 06/15/2022. (lcrc1) (Entered: 06/15/2022)
2022-07-2223Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 07/22/2022)
2022-07-22MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that Plaintiff's Motion for Attorneys' Fees and Costs shall be submitted on or before August 30, 2022; Defendant's Opposition shall be submitted on or before October 14, 2022; and Plaintiff's Reply shall be submitted on or before November 15, 2022. It is further ORDERED that the parties shall meet, confer, and submit on or before August 5, 2022 a notification of whether the parties consent to referral to a magistrate judge for all purposes pursuant to Fed. R. Civ. P. 73 and 28 U.S.C. § 636(c). The parties are advised that they are free to withhold consent to such referral without substantive adverse consequences. SO ORDERED. Signed by Judge Rudolph Contreras on 07/22/2022. (lcrc1) (Entered: 07/22/2022)
2022-07-2824NOTICE In Response to July 22, 2022 Order by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re Order,,, (Simon, Jeremy) (Entered: 07/28/2022)
2022-08-3025MOTION for Attorney Fees Plaintiff's Petition for Attorney Fees and Costs by KOHL HARRINGTON. (Attachments: # 1 Declaration Harrington Decl, # 2 Declaration Topic Decl)(Topic, Matthew) (Entered: 08/30/2022)
2022-10-1426Memorandum in opposition to re 25 Motion for Attorney Fees filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Alesia Y. Williams, # 2 Proposed Order)(Simon, Jeremy) (Entered: 10/14/2022)
2022-11-1527REPLY to opposition to motion re 25 MOTION for Attorney Fees Plaintiff's Petition for Attorney Fees and Costs filed by KOHL HARRINGTON. (Attachments: # 1 Declaration Topic Declaration)(Topic, Matthew) (Entered: 11/15/2022)
2022-12-0928ORDER denying 25 Plaintiff's Motion for Attorney's Fees and Costs. See document for details. Signed by Judge Rudolph Contreras on 12/9/2022. (lcrc1) (Entered: 12/09/2022)
2022-12-0929MEMORANDUM OPINION denying 25 Plaintiff's Motion for Attorney's Fees and Costs. See document for details. Signed by Judge Rudolph Contreras on 12/9/2022. (lcrc1) (Entered: 12/09/2022)
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