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Case TitlePOSNER v.UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02961
Date Filed2020-10-15
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffSARAH POSNER
Case DescriptionSarah Posner, an investigative journalist, submitted eight FOIA requests to the Department Health and Human Services for records concerning interactions with outside organizations pertaining to the development of policies on religious freedom and awarding agency contract to religious organizations. The agency acknowledged receipt of the requests. Posner filed an administrative appeal for one of her requests. After hearing nothing further from the agency pertaining to any of her requests, Posner filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-151COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7718278) filed by SARAH POSNER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons)(Nelson, Jennifer) (Entered: 10/15/2020)
2020-10-16Case Assigned to Judge Carl J. Nichols. (zsb) (Entered: 10/16/2020)
2020-10-192SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/19/2020)
2020-10-263RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/21/2020. (Nelson, Jennifer) (Entered: 10/26/2020)
2020-10-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/26/2020. (Nelson, Jennifer) (Entered: 10/26/2020)
2020-10-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/22/2020 (Nelson, Jennifer) (Entered: 10/26/2020)
2020-11-196MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan E. Seager, Filing fee $ 100, receipt number ADCDC-7858276. Fee Status: Fee Paid. by SARAH POSNER (Attachments: # 1 Declaration of Susan E. Seager, # 2 Text of Proposed Order)(Nelson, Jennifer) (Entered: 11/19/2020)
2020-11-23MINUTE ORDER. The Court having considered Plaintiff's 6 Motion For Admission Pro Hac Vice of Susan E. Seager, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Susan E. Seager is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on November 23, 2020. (lccjn1) (Entered: 11/23/2020)
2020-11-277ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Tilghman, Michael) (Entered: 11/27/2020)
2020-12-07MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before January 6, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs requests and any discussions regarding whether Plaintiffs requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn1) (Entered: 12/07/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/6/2021. (zkh) (Entered: 12/07/2020)
2021-01-068Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/06/2021)
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by FOIA Project Staff
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