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Case TitleNEW YORK TIMES COMPANY v. DEFENSE HEALTH AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv00566
Date Filed2021-03-03
Date ClosedOpen
JudgeChief Judge Beryl A. Howell
PlaintiffNEW YORK TIMES COMPANY
Case DescriptionThe New York Times submitted FOIA requests to the Defense Health Agency and the Department of Health and Human Services for records concerning anonymous data broken down by zip code of individuals who had been administered at least one dose of a coronavirus vaccine. The New York Times also requested expedited processing. DHA acknowledged receipt of the request and told the Times that the request qualified for unusual circumstances. After hearing nothing further from either agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEFENSE HEALTH AGENCY
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-031COMPLAINT against All Defendants Defense Health Agency and Department of Health and Human Services ( Filing fee $ 402 receipt number ADCDC-8272179) filed by The New York Times Company. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Summons to Defense Health Agency, # 3 Summons Summons to Department of Health and Human Services)(McCraw, David) (Entered: 03/03/2021)
2021-03-032LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by The New York Times Company (McCraw, David) (Entered: 03/03/2021)
2021-03-033NOTICE of Appearance by Dana R. Green on behalf of The New York Times Company (Green, Dana) (Entered: 03/03/2021)
2021-03-04Case Assigned to Chief Judge Beryl A. Howell. (adh, ) (Entered: 03/04/2021)
2021-03-044SUMMONS (2) Issued Electronically as to DEFENSE HEALTH AGENCY, DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachment: # 1 Notice and Consent)(zsb) (Entered: 03/04/2021)
2021-03-045STANDING ORDER. Signed by Chief Judge Beryl A. Howell on March 4, 2021. (lcbah2) (Entered: 03/04/2021)
2021-03-046CERTIFICATE OF SERVICE by NEW YORK TIMES COMPANY for Summons and Complaint . (McCraw, David) (Entered: 03/04/2021)
2021-03-08NOTICE OF ERROR re 6 Certificate of Service; emailed to mccraw@nytimes.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. FYI: Please refile using correct Summons Returned Executed Event. (zeg, ) (Entered: 03/08/2021)
2021-03-117RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/4/2021. Answer due for ALL FEDERAL DEFENDANTS by 4/3/2021. (McCraw, David) (Entered: 03/11/2021)
2021-03-118MOTION for Preliminary Injunction by NEW YORK TIMES COMPANY. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(McCraw, David) (Entered: 03/11/2021)
2021-03-119AFFIDAVIT re 8 MOTION for Preliminary Injunction Declaration of David E. McCraw by NEW YORK TIMES COMPANY. (Attachments: # 1 Exhibit, # 2 Exhibit)(McCraw, David) (Entered: 03/11/2021)
2021-03-11MINUTE ORDER (paperless) DIRECTING the parties to confer and jointly submit to the Court, by 2:00 PM on March 12, 2021, a proposed schedule for briefing on plaintiff's 8 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on March 11, 2021. (lcbah2) (Entered: 03/11/2021)
2021-03-1110CERTIFICATE OF SERVICE by NEW YORK TIMES COMPANY for Plaintiff's Motion for a Preliminary Injunction and accompanying papers . (McCraw, David) (Entered: 03/11/2021)
2021-03-11Set/Reset Deadlines: Response to Order of the Court due by 2:00 PM on 3/12/2021. (ztg) (Entered: 03/11/2021)
2021-03-1211NOTICE of Appearance by Jordan Landrum von Bokern on behalf of DEFENSE HEALTH AGENCY, DEPARTMENT OF HEALTH AND HUMAN SERVICES (von Bokern, Jordan) (Entered: 03/12/2021)
2021-03-1212Joint STATUS REPORT regarding proposed schedule for briefing on Plaintiff's Motion for Preliminary Injunction by NEW YORK TIMES COMPANY. (McCraw, David) (Entered: 03/12/2021)
2021-03-15MINUTE ORDER (paperless) ISSUING, in light of the parties' 12 Joint Status Report, the following SCHEDULING ORDER: (1) by March 25, 2021, defendants shall file their opposition to plaintiff's 8 Motion for Preliminary Injunction; (2) by April 1, 2021, plaintiff shall file its reply in support of its 8 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on March 12, 2021. (lcbah2) (Entered: 03/15/2021)
2021-03-15Set/Reset Deadlines: Opposition to Motion for Preliminary Injunction due by 3/25/2021; reply due by 4/1/2021. (ztg) (Entered: 03/15/2021)
2021-03-2513NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 03/25/2021)
2021-03-2514RESPONSE re 8 MOTION for Preliminary Injunction filed by DEFENSE HEALTH AGENCY, DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A - Declaration of Brandon Gaylord, # 2 Exhibit B - Declaration of John Boyer)(von Bokern, Jordan) (Entered: 03/25/2021)
2021-04-0115REPLY to opposition to motion re 8 MOTION for Preliminary Injunction filed by NEW YORK TIMES COMPANY. (McCraw, David) (Entered: 04/01/2021)
2021-04-0116AFFIDAVIT re 15 Reply to opposition to Motion Declaration of Alexandra M. Settelmayer by NEW YORK TIMES COMPANY. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McCraw, David) (Entered: 04/01/2021)
2021-04-0517ANSWER to Complaint by DEFENSE HEALTH AGENCY, DEPARTMENT OF HEALTH AND HUMAN SERVICES.(von Bokern, Jordan) (Entered: 04/05/2021)
2021-04-0818MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexandra M. Settelmayer, Filing fee $ 100, receipt number ADCDC-8360588. Fee Status: Fee Paid. by NEW YORK TIMES COMPANY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Green, Dana) (Entered: 04/08/2021)
2021-04-0819NOTICE of Correction by DEFENSE HEALTH AGENCY, DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration Second Declaration of Brandon Gaylord)(von Bokern, Jordan) (Entered: 04/08/2021)
2021-04-09MINUTE ORDER (paperless) GRANTING plaintiff's 18 Motion for Admission Pro Hac Vice of Alexandra M. Settelmayer, Esq. Ms. Settelmayer may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. 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 Chief Judge Beryl A. How ell on April 8, 2021. (lcbah2) (Entered: 04/09/2021)
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by FOIA Project Staff
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