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Case TitleBEVERIDGE AND DIAMOND, P.C. v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01155
Date Filed2013-07-29
Date Closed2013-12-23
JudgeJudge James E. Boasberg
PlaintiffBEVERIDGE AND DIAMOND, P.C.
Case DescriptionThe law firm of Beveridge & Diamond submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning a study conducted in 2000-2001 by the Agency for Toxic Substances and Disease Registry during a community health screening program conducted in Libby, Montana. After hearing nothing further from the agency, Beveridge & Diamond filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
DefendantAGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
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
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-07-291COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3416267) filed by BEVERIDGE AND DIAMOND, P.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons for HHS, # 8 Summons for CDC, # 9 Summons for ATSDR, # 10 Summons for USAG, # 11 Summons for DC USAG)(Barker, David) (Entered: 07/29/2013)
2013-07-292Corporate Disclosure Statement by BEVERIDGE AND DIAMOND, P.C.. (Barker, David) (Entered: 07/29/2013)
2013-07-29Case Assigned to Judge James E. Boasberg. (md, ) (Entered: 07/29/2013)
2013-07-303ELECTRONIC SUMMONS Issued (5) as to AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons 2nd, # 2 Summons 3rd, # 3 Summons 4th, # 4 Summons 5th, # 5 Notice of Consent, # 6 Consent Form)(md, ) (Entered: 07/30/2013)
2013-07-314RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/30/2013 (Barker, David) (Entered: 07/31/2013)
2013-07-315RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 7/30/2013 (Barker, David) (Entered: 07/31/2013)
2013-07-316RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY served on 7/30/2013 (Barker, David) (Entered: 07/31/2013)
2013-07-317RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/30/2013. (Barker, David) (Entered: 07/31/2013)
2013-07-318ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 7/30/2013. Answer due for ALL D.C. DEFENDANTS by 8/20/2013. (Barker, David) Modified on 8/1/2013 (jf, ). (Entered: 07/31/2013)
2013-08-01NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 8 Summons Returned Executed as to DC Attorney General, was entered in error. Counsel will resubmit new summons as to the U.S. Attorney for the District of Columbia.(jf, ) (Entered: 08/01/2013)
2013-08-019REQUEST FOR SUMMONS TO ISSUE for the U.S. Attorney for the District of Columbia by BEVERIDGE AND DIAMOND, P.C. filed by BEVERIDGE AND DIAMOND, P.C..(Barker, David) (Entered: 08/01/2013)
2013-08-0110ELECTRONIC SUMMONS (1) Issued as to U.S. Attorney. (jf, ) (Entered: 08/01/2013)
2013-08-0211RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/2/2013. Answer due for ALL FEDERAL DEFENDANTS by 9/1/2013. (Barker, David) (Entered: 08/02/2013)
2013-08-1312WITHDRAWN PURSUANT TO MINUTE ORDER DATED 11/5/13.....MOTION for Summary Judgment by BEVERIDGE AND DIAMOND, P.C. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Text of Proposed Order)(Barker, David) Modified on 11/6/2013 (ztnr, ). (Entered: 08/13/2013)
2013-08-1313WITHDRAWN PURSUANT TO MINUTE ORDER DATED 11/5/13.....MOTION to Expedite and Set a Prompt Briefing Schedule for Plaintiff's Motion for Summary Judgment by BEVERIDGE AND DIAMOND, P.C. (Attachments: # 1 Text of Proposed Order)(Barker, David) Modified on 11/6/2013 (ztnr, ). (Entered: 08/13/2013)
2013-08-2214NOTICE of Appearance by Addy R. Schmitt on behalf of AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schmitt, Addy) (Entered: 08/22/2013)
2013-08-2915Consent MOTION for Extension of Time to File Answer re 1 Complaint, , Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Expedite and Set a Prompt Briefing Schedule for Plaintiff's Motion for Summary Judgment , 12 MOTION for Summary Judgment by AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schmitt, Addy) (Entered: 08/29/2013)
2013-08-30MINUTE ORDER: Defendants' Consent 15 Motion for Extension of Time to Answer is GRANTED. Defendants shall answer or respond to Plaintiff's complaint, and oppose Plaintiff's motion for summary judgment and motion to expedite on or before September 17, 2013. Signed by Judge James E. Boasberg on 08/30/2013. (lcjeb3) (Entered: 08/30/2013)
2013-08-30Set/Reset Deadlines: Defendants shall answer or respond to Plaintiff's complaint, and oppose Plaintiff's motion for summary judgment and motion to expedite on or before 9/17/2013. (ad) (Entered: 08/30/2013)
2013-09-1716Consent MOTION for Extension of Time to File Answer re 1 Complaint, , Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Expedite and Set a Prompt Briefing Schedule for Plaintiff's Motion for Summary Judgment , 12 MOTION for Summary Judgment by AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schmitt, Addy) (Entered: 09/17/2013)
2013-09-18MINUTE ORDER granting 16 Consent Motion for Extension of Time to File. The Court ORDERS that Defendants shall file their answer or response to the complaint and/or oppose Plaintiff's motion for summary judgment and motion to expedite on or before October 9, 2013. Signed by Judge James E. Boasberg on 09/18/2013. (lcjeb4) (Entered: 09/18/2013)
2013-09-18Set/Reset Deadline: Defendants shall file their answer or response to the complaint and/or oppose Plaintiff's motion for summary judgment and motion to expedite on or before 10/09/2013. (ad) (Entered: 09/18/2013)
2013-09-3017Consent MOTION to Stay Deadlines In the Event of a Lapse in Apporpriations by AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schmitt, Addy) (Entered: 09/30/2013)
2013-09-30MINUTE ORDER granting 17 Consent Motion to Stay. It is hereby ORDERED that in the event of a lapse of appropriations after September 30, 2013, all current deadlines for the parties are extended for a period commensurate with the duration of the lapse in appropriations. Signed by Judge James E. Boasberg on 09/30/2013. (lcjeb4) (Entered: 09/30/2013)
2013-10-2518ANSWER to Complaint by AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Schmitt, Addy) (Entered: 10/25/2013)
2013-10-28MINUTE ORDER: The Court ORDERS that the Stay is hereby LIFTED. Signed by Judge James E. Boasberg on 10/28/2013. (lcjeb4) (Entered: 10/28/2013)
2013-11-0519Joint MOTION for Briefing Schedule by AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY, CENTERS FOR DISEASE CONTROL AND PREVENTION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Schmitt, Addy) (Entered: 11/05/2013)
2013-11-05MINUTE ORDER granting 19 Joint Motion for Proposed Briefing Schedule. Having considered the Parties' Joint Motion for an Order Entering the Parties' Proposed Briefing Schedule, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that (1) the Plaintiff's Amended Motion for Summary Judgment be filed by no later than November 15, 2013; (2) Defendant's Opposition and Cross-Motion for Summary Judgment be filed by no later than December 13, 2013; (3) Plaintiff's Reply and Opposition be filed by no later than January 10, 2014; and (4) Defendant's Reply be filed by no later than January 31, 2014. Signed by Judge James E. Boasberg on 11/5/2013. (lcjeb4) (Entered: 11/05/2013)
2013-11-05MINUTE ORDER: Plaintiff's Motions for Summary Judgment 12 and to Expedite 13 are WITHDRAWN. Signed by Judge James E. Boasberg on 11/5/2013. (lcjeb4) (Entered: 11/05/2013)
2013-11-05Set/Reset Deadlines: The Plaintiff's Amended Motion for Summary Judgment be filed by no later than 11/15/2013; Defendant's Opposition and Cross-Motion for Summary Judgment be filed by no later than 12/13/2013; Plaintiff's Reply and Opposition be filed by no later than 1/10/2014; and Defendant's Reply be filed by no later than 1/31/2014. (ad) (Entered: 11/05/2013)
2013-11-1520Amended MOTION for Summary Judgment by BEVERIDGE AND DIAMOND, P.C. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Text of Proposed Order)(Barker, David) (Entered: 11/15/2013)
2013-12-0621Joint MOTION to Stay Deadlines by BEVERIDGE AND DIAMOND, P.C. (Attachments: # 1 Text of Proposed Order)(Barker, David) (Entered: 12/06/2013)
2013-12-06MINUTE ORDER granting 21 Motion to Stay. Upon consideration of the parties' Joint Motion for a Stay of Deadlines, it is hereby ORDERED that the parties' motion is GRANTED; and it is further ORDERED that all current deadlines for the parties are stayed for 30 days after December 20, 2013. In the event that a Stipulation of Dismissal is not filed by December 20, 2013, Defendants' Opposition and Cross-Motion for Summary Judgment will be due January 20, 2014, Plaintiff's Reply and Opposition will be due February 18, 2014, and Defendants' Reply will be due March 11, 2014. Signed by Judge James E. Boasberg on 12/6/2013. (lcjeb4) (Entered: 12/06/2013)
2013-12-06Set/Reset Deadlines: Defendants' Opposition and Cross-Motion for Summary Judgment will be due 1/20/2014; Plaintiff's Reply and Opposition will be due 2/18/2014; and Defendants' Reply will be due 3/11/2014. (ad) (Entered: 12/06/2013)
2013-12-2022STIPULATION of Dismissal with Prejudice by BEVERIDGE AND DIAMOND, P.C.. (Barker, David) (Entered: 12/20/2013)
2013-12-20MINUTE ORDER: Per the parties' Joint Stipulation, the Court ORDERS that the case is DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 12/20/2013. (lcjeb4) (Entered: 12/20/2013)
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by FOIA Project Staff
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