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Case TitleBROOK v. TETI et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2015cv02022
Date Filed2015-11-17
Date Closed2023-02-17
JudgeJudge Thomas F. Hogan
PlaintiffADAM BROOK M.D., PH.D.
Case DescriptionAdam Brook, a doctor in New York, submitted five FOIA requests to the Department of Health and Human Services for records concerning himself and the National Practitioners Database. In response to one of his requests, the agency indicated that access to the database was restricted by statute. Brook appealed that decision, arguing that the statute only prohibited the identities of practitioners from being disclosed and not non-identifiable data about reported adverse actions. Brook later discovered a Federal Register notice that appeared to indicate that HHS planned to destroy much of the non-adverse action-related data from the database. He wrote a letter protesting that potential action. After hearing nothing further from the agency concerning his appeal, Brook filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search

DefendantCATHERINE TETI
DefendantTOM FLAVIN
DefendantKAREN SHAW
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-11-171COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI ( Filing fee $ 400, receipt number 4616074663) filed by ADAM BROOK, M.D., PH.D.. (Attachments: # 1 Civil Cover Sheet)(zrdj) (Entered: 11/22/2015)
2015-11-17Summons (4) Issued as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (zrdj) (Entered: 11/22/2015)
2015-11-232STANDING ORDER. Signed by Judge Beryl A. Howell on November 23, 2015. (lcbah1) (Entered: 11/23/2015)
2015-12-013Exhibits re 1 Complaint filed by ADAM BROOK. (zrdj) (Entered: 12/01/2015)
2015-12-044RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/3/2015; CATHERINE TETI served on 12/3/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/2/15., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/2/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 1/1/2016.) (td) (Entered: 12/07/2015)
2015-12-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TOM FLAVIN served on 12/1/2015 (zrdj) (Entered: 12/14/2015)
2015-12-296MOTION for Extension of Time to File Answer re 1 Complaint or otherwise respond to the Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI (Campbell, Rhonda) (Entered: 12/29/2015)
2015-12-29MINUTE ORDER (paperless) GRANTING the defendants' 6 Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint. The defendants shall, by January 15, 2016, answer or otherwise respond to the plaintiff's 1 Complaint. Signed by Judge Beryl A. Howell on December 29, 2015. (lcbah1) (Entered: 12/29/2015)
2015-12-30Set/Reset Deadlines: Answer to the complaint due by 1/15/2016. (tg) (Entered: 12/30/2015)
2016-01-157ANSWER to 1 Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI.(Campbell, Rhonda) (Entered: 01/15/2016)
2016-01-158MOTION for Order for Leave to File Notice of Related Cases and Motion to Consolidate Cases Under Seal by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI (Campbell, Rhonda) (Entered: 01/15/2016)
2016-01-15MINUTE ORDER (paperless) GRANTING, for the reasons stated on the record, the defendants' 8 Motion to File a Motion to Consolidate Related Cases Under Seal. Signed by Judge Beryl A. Howell on January 15, 2016. (lcbah1) (Entered: 01/15/2016)
2016-01-189SEALED MOTION filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI(Campbell, Rhonda) (Entered: 01/18/2016)
2016-01-1910SEALED ORDER re 9 SEALED MOTION filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, CATHERINE TETI, TOM FLAVIN, KAREN SHAW. Signed by Judge Beryl A. Howell on 1/19/2016. (This document is SEALED and only available to authorized persons.) (ztg) (Entered: 01/19/2016)
2016-01-19Set/Reset Deadlines: Response to order of the Court due by 1/27/2016. (tg) (Entered: 01/19/2016)
2016-01-1911MOTION to Compel by ADAM BROOK (zrdj) (Entered: 01/20/2016)
2016-01-2712Memorandum in opposition to re 8 MOTION for Order for Leave to File Notice of Related Cases and Motion to Consolidate Cases Under Seal filed by ADAM BROOK. (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 01/29/2016)
2016-01-2713MOTION for Leave to File UNDER SEAL AN UNREDACTED VERSION OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' NOTICE OF RELATED CASES AND MOTION TO CONSOLIDATE CASES by ADAM BROOK (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 01/29/2016)
2016-01-29MINUTE ORDER (paperless) GRANTING the plaintiff's 13 Motion for Leave to File Under Seal an Un-redacted Version of Plaintiff's Opposition to Defendants' Notice of Related Cases and Motion to Consolidate Cases. Signed by Judge Beryl A. Howell on January 29, 2016. (lcbah1) (Entered: 01/29/2016)
2016-01-2914SEALED Memorandum in opposition re 8 MOTION for Order for Leave to File Notice of Related Cases and Motion to Consolidate Cases Under Seal filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, CATHERINE TETI, TOM FLAVIN, KAREN SHAW. (This document is SEALED and only available to authorized persons.)(zrdj) (Entered: 01/29/2016)
2016-02-0215Case reassigned to Judge Thomas F. Hogan. Judge Beryl A. Howell no longer assigned to the case. (ztnr) (Entered: 02/02/2016)
2016-02-0316Memorandum in opposition to re 11 MOTION to Compel filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Campbell, Rhonda) (Entered: 02/03/2016)
2016-02-1717NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of All Defendants Substituting for attorney Rhonda Lisa Campbell (Yee, Marsha) (Entered: 02/17/2016)
2016-02-1818MOTION for Leave to File under seal by ADAM BROOK (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 02/22/2016)
2016-02-2219MOTION to Reassign Case by ADAM BROOK (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 02/24/2016)
2016-02-2220SEALED DOCUMENT re 19 MOTION to Reassign Case filed by ADAM BROOK. (This document is SEALED and only available to authorized persons.)(zrdj) (Entered: 02/24/2016)
2016-02-2621ORDER granting 18 "Plaintiff's Motion for Leave to File Under Seal an Un-Redacted Version of Plaintiff's Administrative Appeal of Reassignment of Case to Judge Hogan and This Motion"; dismissing 19 Plaintiff's "Redacted Version" of "Administrative Appeal of Reassignment of Case to Judge Hogan" and 20 "Unredacted Version" of "Administrative Appeal of Reassignment of Case to Judge Hogan"; and denying Plaintiff's request to stay proceedings. Signed by Judge Thomas F. Hogan on February 26, 2016. (lctfh1) (Entered: 02/26/2016)
2016-02-26MINUTE ORDER denying 9 Defendants' Motion to Consolidate Cases. Signed by Judge Thomas F. Hogan on February 26, 2016. (lctfh1) (Entered: 02/26/2016)
2016-02-26MINUTE ORDER denying as premature 11 Plaintiff's Motion to Compel Preparation of a Vaughn Index. Signed by Judge Thomas F. Hogan on February 26, 2016. (lctfh1) (Entered: 02/26/2016)
2016-03-07MINUTE ORDER: A telephonic status conference is hereby set for Monday, March 21, 2016 at 10:00 AM before Judge Thomas F. Hogan. The Government should be prepared to address Section 3.b.ii. of the Court's 2 Standing Order for Civil Cases. The parties shall coordinate a conference call and provide chambers with a call in number. Signed by Judge Thomas F. Hogan on March 7, 2016. (lctfh1) (Entered: 03/07/2016)
2016-03-18MINUTE ORDER: The telephonic status conference set for Monday, March 21, 2016 before Judge Thomas F. Hogan is hereby rescheduled to Monday, April 4, 2016 at 11:30 A.M. Signed by Judge Thomas F. Hogan on March 18, 2016. (lctfh1) (Entered: 03/18/2016)
2016-04-04Minute Entry for proceedings held before Judge Thomas F. Hogan: Telephone Conference held on 4/4/2016. Defendants shall file a report conforming to Section 3.b.ii of the Court's 2 Standing Order for Civil Cases. (Court Reporter: Barbara DeVico) (tth) (Entered: 04/04/2016)
2016-04-1122PROPOSED BRIEFING SCHEDULE in Defendants' Report pursuant to the Court's Standing Order by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Certificate of Service)(Yee, Marsha) (Entered: 04/11/2016)
2016-04-1323SEALED MOTION for Leave to File under seal filed by ADAM BROOK. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 04/14/2016)
2016-04-1324MOTION for an Expedited Briefing Schedule by ADAM BROOK (Attachments: # 1 Text of Proposed Order, # 2 Affidavit)(zrdj) (Entered: 04/14/2016)
2016-04-1325SEALED DOCUMENT re 24 MOTION for Briefing Schedule filed by ADAM BROOK. (This document is SEALED and only available to authorized persons.)(zrdj) (Attachment(s): # 1 Affidavit) (zrdj). Modified on 4/15/2016 (zrdj). (Entered: 04/14/2016)
2016-04-2926Memorandum in opposition to re 24 MOTION for Briefing Schedule filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Declaration of Thomas Flavin, # 2 Text of Proposed Order, # 3 Certificate of Service)(Yee, Marsha) (Entered: 04/29/2016)
2016-05-09MINUTE ORDER: A telephonic conference regarding 24 Plaintiff's Motion for an Expedited Briefing Schedule is hereby set for Monday, May 16, 2016 at 11:30 AM before Judge Thomas F. Hogan. The parties shall coordinate a conference call and provide chambers with a dial in number. Signed by Judge Thomas F. Hogan on May 9, 2016. (lctfh1) (Entered: 05/09/2016)
2016-05-0927REPLY to opposition to motion re 24 MOTION for Briefing Schedule filed by ADAM BROOK. (Attachments: # 1 Text of Proposed Order)(zrdj) (Entered: 05/11/2016)
2016-05-16Minute Entry for proceedings held before Judge Thomas F. Hogan: Telephone Conference held on 5/16/2016. For the reasons stated by the Court on the record during today's telephonic conference, [ECF No. 23 (Sealed)] "Plaintiff's Motion for Leave to File Under Seal Motion for an Expedited Briefing Schedule and This Motion" is GRANTED, and [ECF No. 24] "Plaintiff's Motion for an Expedited Briefing Schedule" is DENIED. The Court accepts the briefing schedule proposed in [ECF No. 22] Defendants' Report. Accordingly, a briefing schedule is set as follows: Defendants Motion for Summary Judgment shall be filed on or before February 8, 2017; Plaintiffs Opposition shall be filed on or before March 27, 2017; and Defendants Reply shall be filed on or before April 26, 2017. Defendants shall file a status report by Tuesday, August 16, 2016. (Court Reporter: Janice Dickman) (tth) (Entered: 05/17/2016)
2016-06-0928NOTICE OF SUBSTITUTION OF COUNSEL by Daniel Patrick Schaefer on behalf of All Defendants Substituting for attorney Marsha W. Yee (Schaefer, Daniel) (Entered: 06/09/2016)
2016-08-1629STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Exhibit 1 - Decl. of Thomas Flavin)(Schaefer, Daniel) (Entered: 08/16/2016)
2016-09-14MINUTE ORDER: The parties shall file joint status reports on October 14, 2016 and December 16, 2016 informing the Court of the status of the production of the remaining non-exempt, responsive records, and identifying any issues still in dispute. Signed by Judge Thomas F. Hogan on September 14, 2016. (lctfh3) (Entered: 09/14/2016)
2016-10-1430Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schaefer, Daniel) (Entered: 10/14/2016)
2016-12-1631Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Schaefer, Daniel) (Entered: 12/16/2016)
2017-02-0832MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit 1: Flavin Declaration, # 4 Exhibit 2: Rodgers Declaration, # 5 Exhibit 3: Kopp Declaration, # 6 Text of Proposed Order)(Schaefer, Daniel) (Entered: 02/08/2017)
2017-02-1533ERRATA by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI 32 MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, CATHERINE TETI, TOM FLAVIN, KAREN SHAW. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Schaefer, Daniel) (Entered: 02/15/2017)
2017-03-1334MOTION for Leave to File a Cross-Motion for Partial Summary Judgment and for a Revised Briefing Schedule by ADAM BROOK (td) (Entered: 03/15/2017)
2017-03-21MINUTE ORDER granting 34 Motion for Leave to File a Cross-Motion for Partial Summary Judgment and for a Revised Briefing Schedule. Plaintiff's combined opposition to summary judgment and cross-motion for partial summary judgment shall be filed on or before March 27, 2017. Defendants' combined Reply in Support and Opposition shall be filed on or before April 26, 2017. Plaintiff's reply in support of his cross-motion shall be filed on or before May 26, 2017. Signed by Judge Thomas F. Hogan on 3/21/2017. (lctfh1) (Entered: 03/21/2017)
2017-03-2735Memorandum in opposition to re 32 MOTION for Summary Judgment filed by ADAM BROOK. (Attachments: # 1 Statement of Facts, # 2 Exhibit 1, # 3 Memorandum in Support)(zrdj) (Entered: 03/29/2017)
2017-03-2736Cross MOTION for Partial Summary Judgment by ADAM BROOK (See docket entry 35 to view document)(zrdj) (Entered: 03/29/2017)
2017-04-2637Memorandum in opposition to re 36 MOTION for Partial Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Schaefer, Daniel) (Entered: 04/26/2017)
2017-04-2638REPLY to opposition to motion re 32 MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Schaefer, Daniel) (Entered: 04/26/2017)
2017-05-1939REPLY to opposition to motion re 36 MOTION for Partial Summary Judgment filed by ADAM BROOK. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(zrdj) (Entered: 05/19/2017)
2017-06-0140MOTION for Status Conference by ADAM BROOK (jf) (Entered: 06/01/2017)
2017-06-1541Memorandum in opposition to re 40 MOTION for Status Conference filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Schaefer, Daniel) (Entered: 06/15/2017)
2017-06-2342REPLY to opposition to motion re 40 MOTION for Status Conference filed by ADAM BROOK. (td) (Entered: 06/26/2017)
2020-09-17MINUTE ORDER: DENYING 40 Plaintiff's Motion for a Status Conference. Signed by Judge Thomas F. Hogan on September 17, 2020. (SM). (Entered: 09/17/2020)
2021-09-1643NOTICE of Change of Address by ADAM BROOK (eg) (Entered: 09/20/2021)
2022-10-1844NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES, TOM FLAVIN, KAREN SHAW, CATHERINE TETI Substituting for attorney Daniel P. Schaefer (Yee, Marsha) (Entered: 10/18/2022)
2022-10-3145NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of All Defendants Substituting for attorney Marsha W. Yee (Escher, Sam) (Entered: 10/31/2022)
2023-02-1746MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on February 17, 2023. (CR) (Entered: 02/17/2023)
2023-02-1747ORDER granting 32 Defendants' Motion for Summary Judgment; denying 35 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Thomas F. Hogan on February 17, 2023. (CR) (Entered: 02/17/2023)
2023-02-1748ENTERED IN ERROR.....MEMORANDUM OPINION. Signed by Judge Thomas F. Hogan on 02/17/2023. (MME) (lcmm) Modified to enter in error on 2/17/2023; Memorandum Opinion filed in the incorrect case. (zalh). (Entered: 02/17/2023)
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