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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03187
Date Filed2021-12-06
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffSYDNEY LUPKIN
Case DescriptionNational Public Radio submitted two FOIA requests to the Department of Health and Human Services for records concerning the COVID-19 Incident Management Team Weekly Reports generated by the Biomedical Advanced Research and Development Authority. In response to its first FOIA request, the agency located 47 pages responsive to the request and withheld them entirely under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). NPR filed an administrative appeal of the denial. NPR submitted a second FOIA request for the weekly reports for an updated time period. After hearing nothing further from the agency, NPR filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-061COMPLAINT for Injunctive and Declaratory Relief for Violation of the Freedom of Information Act against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8909552) filed by NATIONAL PUBLIC RADIO, INC., SYDNEY LUPKIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons as to HHS, # 8 Summons as to HHS FOIA Officer, # 9 Summons as to DOJ, # 10 Summons as to USAO)(DeThomas, Courtney) (Entered: 12/06/2021)
2021-12-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC. (DeThomas, Courtney) (Entered: 12/06/2021)
2021-12-08Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 12/08/2021)
2021-12-093ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/9/21. (DM) (Entered: 12/09/2021)
2021-12-094SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/09/2021)
2021-12-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/13/2021. (DeThomas, Courtney) Modified date of service on 12/29/2021 (znmw). (Entered: 12/27/2021)
2021-12-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/13/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/12/2022. (DeThomas, Courtney) Modified dates on 12/29/2021 (znmw). (Entered: 12/27/2021)
2021-12-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/14/2021 (DeThomas, Courtney) (Entered: 12/27/2021)
2021-12-278RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (DeThomas, Courtney) (Entered: 12/27/2021)
2022-01-109NOTICE of Appearance by Brenda A. Gonzalez-Horowitz on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Gonzalez-Horowitz, Brenda) (Entered: 01/10/2022)
2022-01-1010Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez-Horowitz, Brenda) (Entered: 01/10/2022)
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by FOIA Project Staff
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