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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 Closed2022-07-06
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
DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
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)
2021-02-089Unopposed MOTION for Leave to File Amended Complaint by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Proposed Amended Complaint Redline, # 3 Exhibit Proposed Amended Complaint Exhibit A, # 4 Exhibit Proposed Amended Complaint Exhibit B, # 5 Exhibit Proposed Amended Complaint Exhibit C, # 6 Exhibit Proposed Amended Complaint Exhibit D, # 7 Exhibit Proposed Amended Complaint Exhibit E, # 8 Summons as to USAO, # 9 Summons as to USAG, # 10 Summons as to CDC)(Monahan, Christine) (Entered: 02/08/2021)
2021-02-08MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion for leave to amend the complaint, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. The amended complaint, Dkt. 9-1, and the accompanying amended exhibits are deemed FILED. Signed by Judge Randolph D. Moss on 02/08/2021. (lcrdm1) (Entered: 02/08/2021)
2021-02-0810AMENDED COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND PREVENTION filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(ztd) (Entered: 02/09/2021)
2021-02-0911SUMMONS (1) Issued Electronically for Amended Complaint as to CENTERS FOR DISEASE CONTROL AND PREVENTION. (ztd) (Entered: 02/09/2021)
2021-02-2212ANSWER to 10 Amended Complaint, by CENTERS FOR DISEASE CONTROL AND PREVENTION, 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, # 5 Exhibit E, # 6 Exhibit F)(Lowenstein, Jody) (Entered: 02/22/2021)
2021-02-2613Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 02/26/2021)
2021-02-26MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 13 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 9, 2021. It is further ORDERED that the initial scheduling conference currently set for March 5, 2021 is VACATED and RESCHEDULED to April 19, 2021 at 10:00 a.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 02/26/2021. (lcrdm1) (Entered: 02/26/2021)
2021-03-0414RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/16/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 3/18/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/16/21., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 3/4/2021 (Monahan, Christine) (Entered: 03/04/2021)
2021-04-0915Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A (Plaintiff))(Monahan, Christine) (Entered: 04/09/2021)
2021-04-19Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Initial Scheduling Conference held on 4/19/2021. For the reasons stated on the record, Defendants shall file a Status Report by 5/14/2021. (Court Reporter: Jeff hook.) (kt) (Entered: 04/19/2021)
2021-04-1916TRANSCRIPT OF TELEPHONIC INITIAL SCHEDULING CONFERENCE before Judge Randolph D. Moss held on April 19, 2021. Page Numbers: 1 - 21. Date of Issuance: April 19, 2021. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased f rom the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 5/10/2021. Redacted Transcript Deadline set for 5/20/2021. Release of Transcript Restriction set for 7/18/2021.(Hook, Jeff) (Entered: 04/19/2021)
2021-05-1417STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, 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, # 5 Exhibit E)(Lowenstein, Jody) (Entered: 05/14/2021)
2021-05-1818STATUS REPORT by AMERICAN OVERSIGHT. (Monahan, Christine) (Entered: 05/18/2021)
2021-05-19MINUTE ORDER: Upon consideration of the parties' status reports, Dkt. 17 and Dkt. 18 , it is hereby ORDERED that the parties shall file a joint status report on or before June 18, 2021. Signed by Judge Randolph D. Moss on 05/19/2021. (lcrdm1) (Entered: 05/19/2021)
2021-06-0219NOTICE of Appearance by Mehreen A Rasheed on behalf of AMERICAN OVERSIGHT (Rasheed, Mehreen) (Entered: 06/02/2021)
2021-06-0320NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/03/2021)
2021-06-1821Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 06/18/2021)
2021-07-17MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 6, 2021. Signed by Judge Randolph D. Moss on 07/17/2021. (lcrdm1) (Entered: 07/17/2021)
2021-08-0622Joint STATUS REPORT by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 08/06/2021)
2021-08-11MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 5, 2021. Signed by Judge Randolph D. Moss on 08/11/21. (lcrdm1) (Entered: 08/11/2021)
2021-10-0523Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 10/05/2021)
2021-10-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 3, 2021. Signed by Judge Randolph D. Moss on 10/06/2021. (lcrdm1) (Entered: 10/06/2021)
2021-12-0324Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 12/03/2021)
2021-12-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 1, 2022. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm1) (Entered: 12/06/2021)
2022-02-0125Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 02/01/2022)
2022-02-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 4, 2022. Signed by Judge Randolph D. Moss on 2/4/2022. (lcrdm1) (Entered: 02/04/2022)
2022-04-0426Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 04/04/2022)
2022-04-09MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 26 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 3, 2022. Signed by Judge Randolph D. Moss on 4/9/2022. (lcrdm1) (Entered: 04/09/2022)
2022-06-0327Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) (Entered: 06/03/2022)
2022-06-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 2, 2022. Signed by Judge Randolph D. Moss on 6/7/2022. (lcrdm1) (Entered: 06/07/2022)
2022-07-0128STIPULATION of Dismissal without prejudice by AMERICAN OVERSIGHT. (Rasheed, Mehreen) (Entered: 07/01/2022)
2022-07-05MINUTE ORDER: In light of the parties' stipulation of dismissal, Dkt. 28 , it is hereby ORDERED that the case is DISMISSED without prejudice. The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 7/5/2022. (lcrdm1) (Entered: 07/05/2022)
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