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Case TitleLANDMARK LEGAL FOUNDATION v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv01655
Date Filed2015-10-08
Date Closed2016-07-27
JudgeJudge Colleen Kollar-Kotelly
PlaintiffLANDMARK LEGAL FOUNDATION
Case DescriptionThe Landmark Legal Foundation submitted a FOIA request to the Department of Health and Human Services for records concerning the use of personal email, text, or other private communications by HHS employees. Landmark also requested expedited processing. The agency told Landmark that it did not have any responsive records. Landmark queried the agency as to whether it had searched any personal email accounts of employees. The agency indicated it had no mechanism to do so but offered to search the email accounts of all political appointees. Finding that offer unsatisfactory, Landmark filed an administrative appeal and then, ultimately, filed suit.
Complaint issues: Failure to respond within statutory time limit, Search - Reasonableness of search, Litigation - Attorney's fees

DefendantDEPARTMENT 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
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-10-081COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-4271928) filed by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons, # 11 Summons)(O'Neill, Michael) (Entered: 10/08/2015)
2015-10-082LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LANDMARK LEGAL FOUNDATION (O'Neill, Michael) (Entered: 10/08/2015)
2015-10-08Case Assigned to Judge Colleen Kollar-Kotelly. (md) (Entered: 10/09/2015)
2015-10-133ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on October 13, 2015. (NS) (Entered: 10/13/2015)
2015-10-144SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 10/14/2015)
2015-10-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/19/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/19/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/19/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 11/18/2015.) (Attachments: # 1 Exhibit)(O'Neill, Michael) (Entered: 10/22/2015)
2015-11-136NOTICE of Appearance by Marina Utgoff Braswell on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Braswell, Marina) (Entered: 11/13/2015)
2015-11-187ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Braswell, Marina) (Entered: 11/18/2015)
2015-11-198ORDER. It is hereby ORDERED that the parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address (1) the status of Plaintiff's FOIA request, (2) the status of Plaintiff's Administrative Appeal, (3) a proposed briefing schedule, if any, (4) the anticipated number of documents responsive to Plaintiff's FOIA request, (5) the anticipated date(s) for release of the documents requested by Plaintiff, (6) whether a motion for an Open America stay is likely in this case, and (7) whether a Vaughn index will be required in this case. The parties shall file the schedule not later than DECEMBER 21, 2015. Signed by Judge Colleen Kollar-Kotelly on 11/19/2015. (lcckk1) (Entered: 11/19/2015)
2015-11-19Set/Reset Deadlines: Joint Status Report due by 12/21/2015. (dot) (Entered: 11/20/2015)
2015-12-219Joint MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Braswell, Marina) (Entered: 12/21/2015)
2015-12-21MINUTE ORDER(Paperless). The Court is in receipt of the parties' 9 Joint Motion for Extension of Time in which to File a Joint Status Report as to how to proceed in this matter. In their motion, the parties indicate that they have conferred and would like additional time to discuss the issues presented in this case and to potentially narrow the issues in need of resolution by this Court. The parties request an extension of time in which to file their Joint Status Report until January 21, 2016. This is the parties' first request for an extension of time in this case. Upon review, the Court finds that there is good cause to extend the parties deadline with which to their file their Joint Status Report. Accordingly, the Court shall GRANT the parties' 9 Joint Motion for Extension of Time. The parties shall file their Joint Status Report proposing a schedule for proceeding in this matter, no later than by JANUARY 21, 2016. Signed by Judge Colleen Kollar-Kotelly on 12/21/2015. (lcckk1) (Entered: 12/21/2015)
2016-01-2110Joint MOTION for Extension of Time to File Joint Status Report by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Braswell, Marina) (Entered: 01/21/2016)
2016-01-21MINUTE ORDER(Paperless) granting the parties' 10 Motion for Extension of Time to File Joint Status Report. The Court is in receipt of the parties' 10 Joint Motion for Extension of Time in which to File Joint Status Report as to how to proceed in this matter. In their motion, the parties indicate that they have conferred and are attempting to narrow the issues in dispute and move the case forward in a more limited manner. The parties request an extension of time in which to file their Joint Status Report until February 12, 2016. This is the parties' second request for an extension of time in this case. Upon review, the Court finds that there is good cause to extend the parties' deadline with which to their file their Joint Status Report. Accordingly, the Court shall GRANT the parties' 10 Joint Motion for Extension of Time. The parties shall file their Joint Status Report proposing a schedule for proceeding in this matter, by no later than by FEBRUARY 12, 2016. Signed by Judge Colleen Kollar-Kotelly on 1/21/2016. (lcckk1) (Entered: 01/21/2016)
2016-01-21Set/Reset Deadlines: Joint Status Report due by 2/12/2016. (dot) (Entered: 01/24/2016)
2016-02-1211MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 02/12/2016)
2016-02-1612ORDER: Based upon the parties' 11 Meet and Confer Statement and in light of the Joint Status Report it is hereby ordered that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter by 4/15/2016. Signed by Judge Colleen Kollar-Kotelly on 02/16/16. (tb) (Entered: 02/17/2016)
2016-02-18Set/Reset Deadlines: Joint Status Report proposing a schedule by 4/15/2016 (gdf) (Entered: 02/18/2016)
2016-04-1513STATUS REPORT by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 04/15/2016)
2016-04-1814ORDERED that the parties shall Meet and Confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The parties shall file the schedule no later than 5/6/2016. Signed by Judge Colleen Kollar-Kotelly on 4/18/16. (dot) (Entered: 04/19/2016)
2016-05-0615STATUS REPORT by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 05/06/2016)
2016-05-0616ORDER Joint Status Report due by 6/6/2016. Signed by Judge Colleen Kollar-Kotelly on 5/6/16. (dot) (Entered: 05/06/2016)
2016-06-0617STATUS REPORT by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 06/06/2016)
2016-06-0718ORDER that the parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter. The parties shall file the schedule no later than 7/12/2016. Signed by Judge Colleen Kollar-Kotelly on 6/7/16. (dot) Modified on 6/7/2016 to correct date. (dot). (Entered: 06/07/2016)
2016-07-1219STATUS REPORT by LANDMARK LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(O'Neill, Michael) (Entered: 07/12/2016)
2016-07-18MINUTE ORDER (Paperless) re 19 Joint Status Report. Based on the parties' continued cooperation and in light of the parties' 19 Joint Status Report, it is HEREBY ORDERED that the parties shall MEET AND CONFER and file a Joint Status Report proposing a schedule for proceeding in this matter. The parties shall file the schedule by no later than JULY 27, 2016. Signed by Judge Colleen Kollar-Kotelly on 7/18/2016. (lcckk1) (Entered: 07/18/2016)
2016-07-19Set/Reset Deadlines: Joint Status Report due by 7/27/2016. (dot) (Entered: 07/19/2016)
2016-07-2620STIPULATION of Settlement and Dismissal by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Braswell, Marina) (Entered: 07/26/2016)
2016-07-27MINUTE ORDER. The Court is in receipt of the parties' 20 Stipulation of Dismissal, which states that the parties have agreed to stipulate to the dismissal of the above-captioned matter pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). In light of the foregoing, it is hereby ORDERED that all claims asserted in this case are hereby dismissed with prejudice. It is FURTHER ORDERED that this action shall be closed in its entirety. Signed by Judge Colleen Kollar-Kotelly on 7/27/2016. (lcckk1) (Entered: 07/27/2016)
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by FOIA Project Staff
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