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Case TitleAMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03575
Date Filed2020-12-09
Date Closed2022-02-22
JudgeJudge Amit P. Mehta
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Department of Health and Human Services for records concerning communications with Pfizer pertaining to the development of its corona virus vaccine. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, 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 & HUMAN SERVICES
DefendantFOOD AND DRUG ADMINISTRATION
DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
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
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-091COMPLAINT against CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-7934886) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit 1, # 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 CDC, # 8 Summons as to CMS)(Monahan, Christine) (Entered: 12/09/2020)
2020-12-092LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Monahan, Christine) (Entered: 12/09/2020)
2020-12-09Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 12/09/2020)
2020-12-093SUMMONS (6) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 12/09/2020)
2021-01-054RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/14/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 1/13/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/14/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 12/16/2020; CENTERS FOR MEDICARE & MEDICAID SERVICES served on 12/22/2020; FOOD AND DRUG ADMINISTRATION served on 12/15/2020; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 12/14/2020 (Monahan, Christine) (Entered: 01/05/2021)
2021-01-065Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Truong, John) (Entered: 01/06/2021)
2021-01-07MINUTE ORDER granting 5 Motion for Extension of Time to Respond to Complaint. Defendants shall have up to and including February 12, 2021, to respond to Plaintiff's Complaint. Signed by Judge Amit P. Mehta on 01/07/2021. (lcapm3) (Entered: 01/07/2021)
2021-01-076Consent MOTION for Order Setting Joint Status Report Deadline by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Truong, John) (Entered: 01/07/2021)
2021-01-07Set/Reset Deadlines: Response to Complaint due by 2/12/2021. (zjd) (Entered: 01/07/2021)
2021-01-08MINUTE ORDER granting 6 Motion for Order Setting Deadline for Joint Status Report. The Parties shall up to and including February 19, 2021, to submit a Joint Status Report to apprise the Court on the progress of this case. Signed by Judge Amit P. Mehta on 1/8/2021. (lcapm3) (Entered: 01/08/2021)
2021-01-08Set/Reset Deadlines: Joint Status Report due by 2/19/2021. (zjd) (Entered: 01/11/2021)
2021-02-047NOTICE OF SUBSTITUTION OF COUNSEL by Cormac A. Early on behalf of All Defendants Substituting for attorney John C. Truong (Early, Cormac) (Entered: 02/04/2021)
2021-02-05NOTICE OF ERROR re 7 Substitution of Counsel; emailed to cormac.a.early@usdoj.gov, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Not an active member of this Court’s Bar. Renewal needed: https://www.dcd.uscourts.gov/attorney-renewal (znmw, ) (Entered: 02/05/2021)
2021-02-128ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Early, Cormac) (Entered: 02/12/2021)
2021-02-139ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before February 26, 2021. The Joint Status Report shall include (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); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order for additional details. Signed by Judge Amit P. Mehta on 2/13/2021. (lcapm3) (Entered: 02/13/2021)
2021-02-1910Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 02/19/2021)
2021-02-22MINUTE ORDER. The parties shall file an additional Joint Status Report by March 22, 2021, which updates the court on the status of processing and production of responsive records. Signed by Judge Amit P. Mehta on 2/22/2021. (lcapm3) (Entered: 02/22/2021)
2021-03-2211Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 03/22/2021)
2021-03-23MINUTE ORDER. The parties shall file an additional Joint Status Report by June 7, 2021, which updates the court on the status of processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/23/2021. (lcapm3) (Entered: 03/23/2021)
2021-06-0212NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Main Document 12 replaced on 6/3/2021) (zeg). (Entered: 06/02/2021)
2021-06-0413Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 06/04/2021)
2021-06-0414NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/04/2021)
2021-06-06MINUTE ORDER. The parties shall file an additional Joint Status Report by July 21, 2021, which updates the court on the status of processing and production of responsive records. Signed by Judge Amit P. Mehta on 6/6/2021. (lcapm3) (Entered: 06/06/2021)
2021-07-0915ENTERED IN ERROR.....Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) Modified on 7/9/2021 (zjd). (Entered: 07/09/2021)
2021-07-2116Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 07/21/2021)
2021-07-22MINUTE ORDER. The parties shall file an additional Joint Status Report by September 8, 2021, which updates the court on the status of processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/22/2021. (lcapm3) (Entered: 07/22/2021)
2021-08-0317NOTICE of Appearance by Taylor Stoneman on behalf of AMERICAN OVERSIGHT (Stoneman, Taylor) (Main Document 17 replaced on 8/3/2021) (zeg). (Entered: 08/03/2021)
2021-09-0818Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 09/08/2021)
2021-09-09MINUTE ORDER. The parties shall file an additional Joint Status Report by October 8, 2021, which updates the court with respect to the status of this matter and, if appropriate, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 09/09/2021. (lcapm3) (Entered: 09/09/2021)
2021-10-0819Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 10/08/2021)
2021-10-10MINUTE ORDER. The parties shall file an additional Joint Status Report by November 30, 2021, which updates the court with respect to the status of this matter and, if appropriate, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/09/2021. (lcapm3) (Entered: 10/10/2021)
2021-11-3020Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 11/30/2021)
2021-12-01MINUTE ORDER. The parties shall file an additional Joint Status Report by January 11, 2022, which updates the court with respect to the status of this matter and, if appropriate, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/01/2021. (lcapm3) (Entered: 12/01/2021)
2022-01-1121Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, CENTERS FOR MEDICARE & MEDICAID SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Early, Cormac) (Entered: 01/11/2022)
2022-01-18MINUTE ORDER. The parties shall file an additional Joint Status Report by February 11, 2022, which updates the court with respect to the status of this matter and, if appropriate, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 01/11/2022. (lcapm3) (Entered: 01/18/2022)
2022-02-1122Joint STATUS REPORT by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 02/11/2022)
2022-02-11MINUTE ORDER. The parties shall file an additional Joint Status Report by March 11, 2022, which updates the court with respect to the status of this matter and, if appropriate, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 02/11/2022. (lcapm3) (Entered: 02/11/2022)
2022-02-1823STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 02/18/2022)
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