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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03259
Date Filed2020-11-12
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffGRAHAM SMITH
Case DescriptionGraham Smith, an investigative reporter for NPR, submitted a FOIA request to the Centers for Disease Control for records concerning defective test kits pertaining to the corona virus. Smith also requested expedited processing. The agency acknowledged receipt of the request. The agency located 574 pages of responsive records but withheld them entirely under Exemption 5 (privileges) and Exemption 7(A) (interference with ongoing investigation or proceeding). NPR filed an administrative appeal of the denial. The agency upheld the denial. In the interim, NPR reporter Dina Temple-Raston published a report based on a CDC review document she had obtained independently. Smith claimed Temple-Raston's report showed the public interest in the subject matter of his request. NPR then filed suit.
Complaint issues: Litigation - Attorney's fees

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
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-121COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7825292) filed by NATIONAL PUBLIC RADIO, INC., GRAHAM SMITH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons, # 11 Summons)(Kelley, Matthew) (Entered: 11/12/2020)
2020-11-12Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 11/12/2020)
2020-11-132SUMMONS (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: 11/13/2020)
2020-11-163LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO, INC. (Kelley, Matthew) (Entered: 11/16/2020)
2020-12-014ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/1/2020. (DM) (Entered: 12/01/2020)
2020-12-165ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Tilghman, Michael) (Entered: 12/16/2020)
2020-12-166ORDER requiring the parties to meet and confer and file a joint status report. Signed by Judge Colleen Kollar-Kotelly on 12/16/2020. (lcckk3) (Entered: 12/16/2020)
2020-12-16Set/Reset Deadlines: Joint Meet & Confer Statement due by 1/22/2021. (dot) (Entered: 12/18/2020)
2021-01-057RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/16/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/16/2020. (Kelley, Matthew) (Entered: 01/05/2021)
2021-01-228Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. The Court is in receipt of the parties' 8 Joint Status Report. The parties indicate that Defendant is processing records responsive to Plaintiffs' FOIA request and anticipates releasing any non-exempt records by February 26, 2021. As proposed by the parties, the Court ORDERS the parties to file by MARCH 12, 2021 a joint status report proposing a schedule for further proceedings in this matter, if further proceedings are necessary. Signed by Judge Colleen Kollar-Kotelly on 1/22/21. (lcckk3) (Entered: 01/22/2021)
2021-01-22Set/Reset Deadlines: Joint Status Report due by 3/12/2021, proposing a schedule for further proceedings in this matter, if further proceedings are necessary. (dot) (Entered: 01/25/2021)
2021-03-129Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/12/2021)
2021-03-12MINUTE ORDER. The Court is in receipt of the parties' 9 Joint Status Report. Defendant indicates that it has provided non-exempt records to Plaintiffs and intends to provide a draft Vaughn Index by March 26, 2021. As requested by the parties, the Court ORDERS that the parties shall, on or before APRIL 12, 2021, file a joint status report with a proposed schedule for further proceedings in this matter, if further proceedings are necessary. Signed by Judge Colleen Kollar-Kotelly on 3/12/21. (lcckk3) (Entered: 03/12/2021)
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by FOIA Project Staff
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