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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03282
Date Filed2020-11-13
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Health and Human Services, the FDA, and the Centers for Medicare and Medicaid Services for records concerning text messages sent to or from senior officials regarding the response to the corona virus pandemic. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantFOOD AND DRUG ADMINISTRATION
DefendantCENTERS FOR MEDICARE & MEDICAID 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-131COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7830947) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons as to USAO, # 4 Summons as to USAG, # 5 Summons as to HHS, # 6 Summons as to FDA, # 7 Summons as to CMS)(Monahan, Christine) (Entered: 11/13/2020)
2020-11-132LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Monahan, Christine) (Entered: 11/13/2020)
2020-11-13Case Assigned to Judge Randolph D. Moss. (zsb) (Entered: 11/13/2020)
2020-11-133SUMMONS (5) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, 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)
2020-11-164STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 11/16/2020. (lcrdm1) (Entered: 11/16/2020)
2020-12-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/30/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 12/30/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/19/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 11/23/2020; FOOD AND DRUG ADMINISTRATION served on 11/16/2020; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/18/2020 (Monahan, Christine) (Entered: 12/02/2020)
2020-12-306NOTICE of Appearance by Jody D. Lowenstein on behalf of All Defendants (Lowenstein, Jody) (Entered: 12/30/2020)
2020-12-307ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Lowenstein, Jody) (Entered: 12/30/2020)
2021-01-02MINUTE ORDER: It is ORDERED that, on or before January 19, 2021, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear telephonically for an Initial Scheduling Conference on January 26, 2021, at 10:30 a.m., before Judge Randolph D. Moss. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 1/2/2021. (lcrdm1) (Entered: 01/02/2021)
2021-01-198Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 01/19/2021)
2021-01-19MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 8 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 26, 2021. It is further ORDERED that the initial scheduling conference currently set for January 26, 2021 is VACATED and RESCHEDULED to March 5, 2021 at 3:30 p.m., to take place telephonically. The parties can obtain a teleconference number and access code from the deputy clerk prior to the conference. Signed by Judge Randolph D. Moss on 01/19/2021. (lcrdm1) (Entered: 01/19/2021)
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by FOIA Project Staff
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