Case Detail

FOIA Project Annotation: Judge Rudolph Moss has ruled that the Department of Health and Human Services has justified its attorney-client privilege claims under Exemption 5 (privileges) but has not yet sufficiently supported its deliberative process privilege claims. The Protect Democracy Project submitted a FOIA request for records concerning the agency's decision to discontinue advertising for healthcare.gov during the final weeks of the 2016-17 enrollment period. The agency located 274 responsive pages �" 33 pages from the Office of the Secretary and 241 pages from the Centers for Medicare and Medicaid Services �" and disclosed them with redactions made under Exemption 5. PDP argued that the agency's deliberative process privilege claims were far too broad. Moss agreed and ordered the agency to supplement its Vaughn indices. He pointed out that the Vaughn indices were "devoid of any detail about the nature of relevant declarations." PDP contended that the agency's deliberative process privilege claims were generic at best. The agency claimed there was nothing wrong with such general descriptions, but Moss observed that "what is insufficient, however, is boilerplate language that might be used in any Vaughn index in any FOIA case. Because such boilerplate descriptions are unmoored from the specific rationale for, or the content of, the relevant redactions, they fail to provide the Court with 'a reasonable basis to evaluate the claim of privilege.' In other words, the problem is not that each Vaughn entry is identical; the problem is that the entries lack sufficient detail." He pointed out that "the Department fails to make an adequate showing regarding the function and significance of the withheld material to any agency deliberations." Moss faulted the agency's failure to provide sufficient identifying information about the role of the participants. He noted that "the Department never explains who these individuals are, nor, more importantly, what role they played in the relevant discussions." Moss found the agency fared far better with its attorney-client privilege claims. Here, Moss observed that "the Department has carried its burden on showing that the communications were between a law office �" the Office of the General Counsel �" and a client �" CMS (or was passed along to other agency officials); that those communications were 'confidential;' and that they were either for the purpose of securing or disseminating legal advice. Nothing more is required to maintain the privilege."
Issues: Litigation - Vaughn index, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Attorney-client privilege

FOIA Project Annotation: Judge Randolph Moss has ruled that the Department of Health and Human Services has not yet shown that it properly withheld 13 records in response to Protect Democracy Project's FOIA request for records concerning the decision to discontinue advertising for the federal insurance marketplace during the final weeks of the 2016-2017 open enrollment period under Exemption 5 (privileges) and has ordered the agency to provide the disputed documents for in camera review. The agency disclosed 274 pages with redactions under Exemption 5. By the time Moss ruled in the case, the parties had narrowed the remaining dispute to 13 records withheld under the deliberative process privilege. PDP did not challenge the applicability of the deliberative process privilege to the disputed records but instead contended they contained segregable factual and post-decisional material that HHS was required to disclose. PDP argued that financial summary data was factual and must be disclosed. Moss pointed out that "the question for the Court to decide with respect to this category of documents, then, is whether the selection of information included in the financial summary of the organization or presentation of that information would reveal the Department's deliberative process." He explained that "the problem here is that the Court cannot discern whether the factual material included in the summaries is likely to reveal anything about the Department's pre-decisional deliberations regarding the termination of planned outreach activities." While Moss indicated that revealing only that the Trump administration intended to curtail the spending would probably not qualify as privileged, he noted that "if the summaries highlight those outreach activities that the agency staff had selected for possible termination based on policy priorities or other, similar factors, disclosure would likely reveal protected recommendations made by staff and less senior agency officials to the decisionmakers." Turning to whether talking points were privileged, Moss referred to one instance in which "the talking point was not final; it did not come from decisionmakers but, rather, was offered to decisionmakers to 'inform' the 'decision-making' process. In short, the talking point was sent to advise the White House on its public messaging. That is a quintessentially deliberative communication." Nevertheless, in many instances, Moss found that he did not have sufficient information to determine whether disputed documents were privileged and order the agency to provide them for in camera inspection.
Issues: Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Litigation - In camera review

Date Filed	Doc #	Docket Text
2017-04-28	1	COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-4932032) filed by THE PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons, # 4 Civil Cover Sheet)(Sandler, David) (Entered: 04/28/2017)
2017-04-28	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (none) by THE PROTECT DEMOCRACY PROJECT, INC. (Sandler, David) (Entered: 04/28/2017)
2017-04-28		Case Assigned to Judge Randolph D. Moss. (sth) (Entered: 04/28/2017)
2017-04-28	3	SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Summons)(sth) (Entered: 04/28/2017)
2017-04-28		SUMMONS Not Issued as to U.S. Attorney and the U.S. Attorney General (sth) (Entered: 04/28/2017)
2017-05-01	4	STANDING ORDER: The parties are hereby ORDERED to comply with the directives set out in the attached Standing Order. Signed by Judge Randolph D. Moss on 5/1/2017. (lcrdm1, ) (Entered: 05/01/2017)
2017-05-01	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 4/28/2017 (Sandler, David) (Entered: 05/01/2017)
2017-05-08	6	NOTICE of Appearance by Benjamin Leon Berwick on behalf of PROTECT DEMOCRACY PROJECT, INC. (Berwick, Benjamin) (Entered: 05/08/2017)
2017-05-09	7	REQUEST FOR SUMMONS TO ISSUE to the United States Attorney's Office re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Sandler, David) (Entered: 05/09/2017)
2017-05-09	8	REQUEST FOR SUMMONS TO ISSUE to the Attorney General of the United States re 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC.. Related document: 1 Complaint, filed by PROTECT DEMOCRACY PROJECT, INC..(Sandler, David) (Entered: 05/09/2017)
2017-05-10	9	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(td) (Entered: 05/10/2017)
2017-05-16	10	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2017. (Sandler, David) Modified on 5/17/2017 (jf). (Entered: 05/16/2017)
2017-05-16	11	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/11/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/10/2017. (Sandler, David) Modified on 5/17/2017 (jf). (Entered: 05/16/2017)
2017-05-17		NOTICE OF CORRECTED DOCKET ENTRY: Document Nos. re 11 Summons Returned Executed in FOIA as to U.S. Attorney, 10 Summons Returned Executed in FOIA as to U.S. Attorney, was entered in error due to insufficient proof of service and will be refiled by counsel. (jf) (Entered: 05/17/2017)
2017-05-24	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/16/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/15/2017. (Sandler, David) (Entered: 05/24/2017)
2017-05-24	13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/16/17 (With Proof of Delivery Attached). (Sandler, David) (Entered: 05/24/2017)
2017-06-15	14	ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Halainen, Daniel) (Entered: 06/15/2017)
2017-06-16		MINUTE ORDER: The parties are hereby ORDERED to appear for a status conference on June 26, 2017, at 10:30 a.m. in Courtroom 21. The parties are further ORDERED to meet and confer prior to the status conference to discuss scheduling for further proceedings. Signed by Judge Randolph D. Moss on 6/16/2017. (lcrdm1, ) (Entered: 06/16/2017)
2017-06-16		Set/Reset Hearings: Status Conference set for 6/26/2017, at 10:30 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt) (Entered: 06/16/2017)
2017-06-26		Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 6/26/2017. Order forthcoming. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/26/2017)
2017-06-26		MINUTE ORDER: On or before July 10, 2017, the parties are hereby ORDERED to file a joint status report informing the Court as to the status of Defendant's search for records responsive to Plaintiff's FOIA request, updating the Court as to the status of Plaintiff's request for a fee waiver, and proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm1, ) (Entered: 06/26/2017)
2017-06-27		Set/Reset Deadlines: Joint Status Report due by 7/10/2017. (kt) (Entered: 06/27/2017)
2017-07-10	15	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Halainen, Daniel) (Entered: 07/10/2017)
2017-07-11		MINUTE ORDER: Upon consideration of the Joint Status Report 15 , the parties are hereby ORDERED to submit a further joint status report on or before September 15, 2017, informing the Court as to the status of Defendant's production of responsive records to Plaintiff, updating the Court as to the status of Plaintiff's request for a fee waiver, and, if necessary, proposing a schedule for further proceedings. Signed by Judge Randolph D. Moss on 7/11/2017. (lcrdm1, ) (Entered: 07/11/2017)
2017-07-11		Set/Reset Deadlines: Joint Status Report due by 9/15/2017. (kt) (Entered: 07/11/2017)
2017-09-15	16	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Halainen, Daniel) (Entered: 09/15/2017)
2017-09-16		MINUTE ORDER: Upon consideration of the Joint Status Report 16 , the parties are hereby ORDERED to file a further joint status report on or before October 13, 2017, updating the Court as to what, if any, additional proceedings are necessary and proposing a schedule for those proceedings. Signed by Judge Randolph D. Moss on 9/16/2017. (lcrdm1, ) (Entered: 09/16/2017)
2017-09-18		Set/Reset Deadlines: Joint Status Report due by 10/13/2017. (kt) (Entered: 09/18/2017)
2017-10-13	17	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Halainen, Daniel) (Entered: 10/13/2017)
2017-10-17		MINUTE ORDER: Upon consideration of the parties' Joint Status Report 17 , it is hereby ORDERED that (1) Defendant shall file its motion for summary judgment on or before December 17, 2017; (2) Plaintiff shall file its consolidated cross-motion for summary judgment and opposition to Defendant's motion on or before January 23, 2018; (3) Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before February 22, 2018; and (4) Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 8, 2018. Signed by Judge Randolph D. Moss on 10/17/17. (lcrdm1, ) (Entered: 10/17/2017)
2017-10-18		Set/Reset Deadlines: Defendant shall file its motion for summary judgment on or before 12/17/2017; Plaintiff shall file its consolidated cross-motion for summary judgment and opposition to Defendant's motion on or before 1/23/2018; Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before 2/22/2018; Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before 3/8/2018. (kt) (Entered: 10/18/2017)
2017-12-15	18	MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Marquis, # 3 Declaration of Hugh Gilmore, # 4 Statement of Facts, # 5 Text of Proposed Order)(Halainen, Daniel) (Entered: 12/15/2017)
2018-01-17	19	TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on June 26, 2017; Page Numbers: 1 - 9. Date of Issuance: January 17, 2018. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abo ve. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/7/2018. Redacted Transcript Deadline set for 2/17/2018. Release of Transcript Restriction set for 4/17/2018.(Hook, Jeff) (Entered: 01/17/2018)
2018-01-23	20	Cross MOTION for Summary Judgment by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Declaration of David Sandler in Support of Cross Motion, # 2 Text of Proposed Order)(Sandler, David) Modified on 1/24/2018 (znmw). (Entered: 01/23/2018)
2018-01-23	21	Memorandum in opposition to re 18 MOTION for Summary Judgment filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Declaration of David Sandler in Support of Cross Motion, # 2 Text of Proposed Order)(Sandler, David) Modified on 1/24/2018 (znmw). (Entered: 01/23/2018)
2018-02-20	22	Unopposed MOTION for Extension of Time to File Response/Reply by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 02/20/2018)
2018-02-21		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 22 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before March 9, 2018; and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before March 23, 2018. Signed by Judge Randolph D. Moss on 2/21/2018. (lcrdm1, ) (Entered: 02/21/2018)
2018-02-21		Set/Reset Deadlines: Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion for summary judgment on or before 3/9/2018; Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before 3/23/2018. (kt) (Entered: 02/21/2018)
2018-03-09	23	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , 20 Cross MOTION for Summary Judgment / The Protect Democracy Project's Cross Motion for Summary Judgment, Memorandum of Points and Authorities in Support of The Protect Democracy Project's Cross Motion for Summary Judgment and in Opposition t by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 03/09/2018)
2018-03-09		MINUTE ORDER: Upon consideration of Defendant's Motion for Extension of Time 23 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion on or before April 9, 2018. It is further ORDERED that Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before April 23, 2018. Signed by Judge Randolph D. Moss on 3/9/2018. (lcrdm1, ) (Entered: 03/09/2018)
2018-03-09		Set/Reset Deadlines: Defendant's consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion due on or before 4/9/2018; Plaintiff's reply in support of its cross-motion for summary judgment due on or before 4/23/2018. (kt) (Entered: 03/09/2018)
2018-04-04	24	Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment , 20 Cross MOTION for Summary Judgment The Protect Democracy Project's Cross Motion for Summary Judgment, Memorandum of Points and Authorities in Support of The Protect Democracy Project's Cross Motion for Summary Judgment and in Opposition t by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Halainen, Daniel) (Entered: 04/04/2018)
2018-04-05		MINUTE ORDER: Upon consideration of the Motion for Extension of Time 24 , it is hereby ORDERED that the motion is GRANTED. Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion on or before April 20, 2018; and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before May 8, 2018. Signed by Judge Randolph D. Moss on 4/5/2018. (lcrdm1, ) (Entered: 04/05/2018)
2018-04-05		Set/Reset Deadlines: Defendant shall file its consolidated reply in support of its motion for summary judgment and opposition to Plaintiff's cross-motion on or before 4/20/2018; Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before 5/8/2018. (kt) (Entered: 04/05/2018)
2018-04-20	25	Memorandum in opposition to re 20 Cross MOTION for Summary Judgment / The Protect Democracy Project's Cross Motion for Summary Judgment, Memorandum of Points and Authorities in Support of The Protect Democracy Project's Cross Motion for Summary Judgment and in Opposition t and Reply in Support of 18 Defendant's Motion for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Declaration of Michael Bell, # 2 Declaration of Hugh Gilmore, # 3 Statement of Facts)(Halainen, Daniel) (Entered: 04/20/2018)
2018-04-20	26	REPLY to opposition to motion re 18 MOTION for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Declaration of Michael Bell, # 2 Declaration of Hugh Gilmore, # 3 Statement of Facts)(Halainen, Daniel) (Entered: 04/20/2018)
2018-05-08	27	REPLY to opposition to motion re 20 Cross MOTION for Summary Judgment / The Protect Democracy Project's Cross Motion for Summary Judgment, Memorandum of Points and Authorities in Support of The Protect Democracy Project's Cross Motion for Summary Judgment and in Opposition t filed by PROTECT DEMOCRACY PROJECT, INC.. (Sandler, David) (Entered: 05/08/2018)
2018-10-16	28	NOTICE of Change of Address by Daniel J. Halainen (Halainen, Daniel) (Entered: 10/16/2018)
2019-02-27	29	MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that the Department's motion for summary judgment, Dkt. 18 , is GRANTED in part and DENIED in part. It is further ORDERED that Plaintiff's cross-motion for summary judgment, Dkt. 20 , is GRANTED in part and DENIED in part. See document for details. Signed by Judge Randolph D. Moss on 2/27/2019. (lcrdm1, ) (Entered: 02/27/2019)
2019-06-12	30	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew D. Forbes, :Firm- Debevoise & Plimpton LLP, :Address- 919 Third Ave., New York, NY 10022. Phone No. - (212) 909-6000. Fax No. - (212) 909-6836 Filing fee $ 100, receipt number 0090-6183299. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Sandler, David) (Entered: 06/12/2019)
2019-06-12		MINUTE ORDER: Matthew D. Forbes's motion for leave to appear pro hac vice, Dkt. 30 , is hereby GRANTED. Matthew D. Forbes may appear pro hac vice in this matter. Signed by Judge Randolph D. Moss on 6/12/2019. (lcrdm1, ) (Entered: 06/12/2019)
2019-06-17	31	ENTERED IN ERROR. . . . .NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney David J. Sandler terminated. (Sandler, David) Modified on 6/20/2019 (ztd). (Entered: 06/17/2019)
2019-06-20		NOTICE OF ERROR re 31 Notice of Withdrawal of Appearance; emailed to dsandler@debevoise.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please see LcvR 5.1(a) & 5.1(d). (ztd, ) (Entered: 06/20/2019)
2019-10-02	32	NOTICE OF SUBSTITUTION OF COUNSEL by James O. Bickford on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney Daniel J. Halainen (Bickford, James) (Entered: 10/02/2019)
2019-10-15		MINUTE ORDER: In light of the Court's February 27, 2019 partial grant and partial denial of both the Department's motion for summary judgment and the Plaintiff's cross-motion for summary judgment, Dkt. 29 , and the subsequent lack of activity in this case, it is hereby ORDERED that the parties shall file a joint status report on or before October 29, 2019, informing the Court of the status of this case. Signed by Judge Randolph D. Moss on 10/15/19. (lcrdm1) (Entered: 10/15/2019)
2019-10-15		Set/Reset Deadlines: Joint Status Report due by 10/29/2019, informing the Court of the status of this case. (dot) (Entered: 10/15/2019)
2019-10-17	33	NOTICE of Appearance by David H. Bernstein on behalf of PROTECT DEMOCRACY PROJECT, INC. (Bernstein, David) (Entered: 10/17/2019)
2019-10-17	34	NOTICE OF WITHDRAWAL OF APPEARANCE as to PROTECT DEMOCRACY PROJECT, INC.. Attorney David J. Sandler terminated. (Bernstein, David) (Entered: 10/17/2019)
2019-10-29	35	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bickford, James) (Entered: 10/29/2019)
2019-11-04		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 35 , it is hereby ORDERED that the following schedule shall govern renewed summary judgment briefing in this case: Defendant shall file its motion for summary judgment on or before February 21, 2020; Plaintiff shall file its opposition and cross-motion for summary judgment on or before March 27, 2020; Defendant shall file its opposition and reply on or before April 24, 2020; and Plaintiff shall file its reply on or before May 22, 2020. Signed by Judge Randolph D. Moss on 11/4/19. (lcrdm1) (Entered: 11/04/2019)
2020-02-19	36	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 02/19/2020)
2020-02-19		MINUTE ORDER: Upon consideration of the parties consent motion for extension of time to file motion for summary judgment, Dkt. 36, it is hereby ORDERED that the motion is GRANTED in part and DENIED in part. It is further ORDERED that, on or before February 28, 2020, Defendant shall file a brief preview of its motion for summary judgment, in accordance with the requirements set forth in the Court's revised standing order. Click for details. It is further ORDERED that, on or before March 6, 2020, Plaintiff shall file a similarly brief preview of its cross-motion for summary judgment. It is further ORDERED that the parties shall appear for a pre-motion conference to discuss the merits of the parties' cross-motions on April 10, 2020 at 12:00 p.m., in Judge Moss' Jury Room, at which point the Court will set a briefing schedule, if necessary. Signed by Judge Randolph D. Moss on 2/19/20. (lcrdm1) Modified on 2/20/2020 to add location of pre-motion conference(kt). (Entered: 02/19/2020)
2020-02-27	37	Consent MOTION for Extension of Time to File Brief Preview of Summary Judgment Motion by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 02/27/2020)
2020-02-28		MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 37 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall file its brief preview of its summary judgment motion on or before March 13, 2020. It is further ORDERED that Plaintiff shall file its response on or before March 27, 2020. It is further ORDERED that the pre-motion conference originally scheduled for April 10, 2020 is hereby VACATED and RESCHEDULED for April 15, 2020 at 11:00 a.m. Signed by Judge Randolph D. Moss on 2/28/20. (lcrdm1) (Entered: 02/28/2020)
2020-03-13	38	NOTICE of Anticipated Basis for Renewed Summary Judgment Motion by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Bickford, James) (Entered: 03/13/2020)
2020-03-17		MINUTE ORDER: In light of the current public health emergency, it is hereby ORDERED that the pre-motion conference originally scheduled for April 15, 2020 is VACATED and RESCHEDULED for May 27, 2020 at 10:00 a.m. Signed by Judge Randolph D. Moss on 3/17/20. (lcrdm1) (Entered: 03/17/2020)
2020-03-27	39	RESPONSE re 38 Notice (Other) / Protect Democracy's Response to HHS's Notice of Anticipated Renewed Summary Judgment Motion, and Notice of Anticipated Basis for Renewed Summary Judgment Cross-Motion filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Declaration of Matthew D. Forbes in Support, # 2 Exhibit 1 to Forbes Declaration - March 13, 2020 Letter from Hugh Gilmore, # 3 Exhibit 2 to Forbes Declaration - Documents Produced on March 13, 2020 by HHS, from HHS's Office of the Secretary, to Protect Democracy, # 4 Exhibit 3 to Forbes Declaration - Documents Produced on March 13, 2020 by HHS, from CMS, to Protect Democracy)(Bernstein, David) (Entered: 03/27/2020)
2020-03-27	40	NOTICE by PROTECT DEMOCRACY PROJECT, INC. (ztd); (See docket entry no. 39 to view.) (Entered: 03/30/2020)
2020-05-15		MINUTE ORDER: It is hereby ORDERED that the pre-motion conference scheduled for May 27, 2020 is hereby VACATED and RESCHEDULED for June 3, 2020 at 2:00 p.m. It is further ORDERED that, due to the current public health emergency, the pre-motion conference shall be conducted telephonically. Signed by Judge Randolph D. Moss on 5/15/2020. (lcrdm1) (Entered: 05/15/2020)
2020-05-31		MINUTE ORDER: It is hereby ORDERED that the pre-motion conference scheduled for June 3, 2020 at 2:00 p.m. is hereby VACATED and RESCHEDULED to occur telephonically on June 10, 2020 at 11:30 a.m. Signed by Judge Randolph D. Moss on 5/31/2020. (lcrdm1) (Entered: 05/31/2020)
2020-06-10		Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Pre-motion Conference held on 6/10/2020. The parties, and the Court, appeared via telephone. Defendant's Summary Judgment Motion due by 8/13/2020; Plaintiff's Opposition to the Motion for Summary Judgment and Cross Motion are due by 9/11/2020; Defendant's Reply to the Motion for Summary Judgment and Opposition to the Cross Motion are due by 10/9/2020; Plaintiff's Final Reply due by 9/23/2020. (Court Reporter: Jeff Hook.) (kt) (Entered: 06/10/2020)
2020-08-13	41	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 08/13/2020)
2020-08-14		MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 41 , it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the following schedule shall govern briefing in this matter: (1) Defendant shall file its motion for summary judgment on or before September 4, 2020; (2) Plaintiff shall file its cross-motion and opposition on or before October 9, 2020; (3) Defendant shall file its opposition and reply on or before November 11, 2020; (4) Plaintiff shall file its reply on or before December 11, 2020. Signed by Judge Randolph D. Moss on 8/14/2020. (lcrdm1) (Entered: 08/14/2020)
2020-09-04	42	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 09/04/2020)
2020-09-05		MINUTE ORDER: Upon consideration of Defendant's motion for extension of time, Dkt. 42 , it is hereby ORDERED that the motion is GRANTED. Defendant's motion for summary judgment, currently due on or before September 4, 2020, shall now be due on or before October 9, 2020. Plaintiff's cross-motion for summary judgment and opposition, currently due on or before October 9, 2020, shall now be due on or before November 11, 2020. Defendant's opposition and reply, currently due on or before November 11, 2020, shall now be due on or before December 11, 2020. Plaintiff's reply, currently due on or before December 11, 2020, shall now be due on or before January 11, 2021. Signed by Judge Randolph D. Moss on 09/05/2020. (lcrdm1) Modified on 9/8/2020 to change "Scheduling Order" to "Minute Order" (no paper order attached) (kt). (Entered: 09/05/2020)
2020-09-08		Set/Reset Deadlines: Reply due by 1/11/2021. (kt) (Entered: 09/08/2020)
2020-10-09	43	MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Declaration of Brandon Gaylord, # 2 Declaration of Hugh Gilmore, # 3 Vaughn Index, Ex.A to Gaylord & Gilmore Declarations, # 4 Documents Remaining at Issue, # 5 Exhibit B to Gaylord Declaration, # 6 Exhibit B to Gilmore Declaration, # 7 Statement of Facts, # 8 Text of Proposed Order)(Bickford, James) (Entered: 10/09/2020)
2020-10-29	44	Memorandum in opposition to re 43 MOTION for Summary Judgment filed by PROTECT DEMOCRACY PROJECT, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Forbes, Matthew) (Entered: 10/29/2020)
2020-10-29	45	Cross MOTION for Summary Judgment by PROTECT DEMOCRACY PROJECT, INC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Forbes, Matthew) (Entered: 10/29/2020)
2020-12-14	46	Memorandum in opposition to re 45 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Statement of Facts)(Bickford, James) (Entered: 12/14/2020)
2020-12-14	47	REPLY to opposition to motion re 43 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Bickford, James) (Entered: 12/14/2020)
2020-12-14	48	Consent MOTION for Extension of Time to File Response/Reply as to 45 Cross MOTION for Summary Judgment , 43 MOTION for Summary Judgment Nunc Pro Tunc by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 12/14/2020)
2020-12-15		MINUTE ORDER: Upon consideration of Defendant's consent motion for extension of time, Dkt. 48 , it is hereby ORDERED that the motion is GRANTED. Defendant's reply, Dkt. 47 , filed on December 14, 2020, shall not be deemed overdue in light of the extension. Signed by Judge Randolph D. Moss on 12/15/2020. (lcrdm1) (Entered: 12/15/2020)
2021-01-11	49	REPLY to opposition to motion re 45 Cross MOTION for Summary Judgment / Reply in Support of The Protect Democracy Project's Renewed Cross Motion for Summary Judgment filed by PROTECT DEMOCRACY PROJECT, INC.. (Forbes, Matthew) (Entered: 01/11/2021)
2021-01-13	50	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sebastian Dutz, Filing fee $ 100, receipt number ADCDC-8071478. Fee Status: Fee Paid. by PROTECT DEMOCRACY PROJECT, INC. (Bernstein, David) (Entered: 01/13/2021)
2021-01-13		MINUTE ORDER: Upon consideration of Plaintiff's Motion for Admission Pro Hac Vice of Sebastian Dutz, Dkt. 50 , it is hereby ORDERED that the motion is GRANTED. Sebastian Dutz is hereby granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to to LCvR 83.6(a)/LCrR 44.5(a). Click for Instructions . Signed by Judge Randolph D . Moss on 01/13/2021. (lcrdm1) (Entered: 01/13/2021)
2021-01-28	51	NOTICE of Appearance by Sebastian P. Dutz on behalf of PROTECT DEMOCRACY PROJECT, INC. (Dutz, Sebastian) (Entered: 01/28/2021)
2021-09-13	52	MEMORANDUM OPINION AND ORDER: For the reasons set forth in the attached Memorandum Opinion and Order, the Court hereby GRANTS in part and DENIES in part, without prejudice, the Department's motion for summary judgment. Specifically, the Court GRANTS the Department's motion for summary judgment with respect to Document 11 but DENIES the Department's motion without prejudice with respect to the remaining documents. The Court further DENIES without prejudice Protect Democracy's cross-motion for summary judgment. The Court further ORDERS that the Department shall, on or before September 27, 2021, submit unredacted versions of Documents 2a, 2b, 4, 5, 6, 7, 15, 17a, 19, 20, 21, and 23 to the Court for ex parte , in camera review, as well as a supplemental declaration concerning Documents 5, 6, and 23. After reviewing these materials, the Court will determine the appropriate next steps for bringing this case to conclusion. See document for details. Signed by Judge Randolph D. Moss on 09/13/2021. (lcrdm1) Modified on 9/14/2021 to correct typo (kt). (Entered: 09/13/2021)
2021-09-27	53	Consent MOTION for Extension of Time to File Ex Parte Submission by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Bickford, James) (Entered: 09/27/2021)
2021-09-27		MINUTE ORDER: Upon consideration of Defendant's consent motion for an extension of time, Dkt. 53 , it is hereby ORDERED that the motion is GRANTED. Defendant shall make its ex parte submissions to the Court on or before September 30, 2021. Signed by Judge Randolph D. Moss on 09/27/2021. (lcrdm1) (Entered: 09/27/2021)
2021-09-30	54	NOTICE of Ex Parte Submission by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Declaration of Hugh Gilmore, # 2 Documents Remaining in Dispute)(Bickford, James) (Entered: 09/30/2021)
2021-12-01		MINUTE ORDER: The Court has now reviewed the unredacted portions of the documents that the government has submitted for ex parte , in camera review. Upon consideration of those documents, the Court hereby ORDERS the parties to appear by video for a status conference at 2:00 p.m. on December 6, 2021, to discuss next steps in this case. The parties may obtain access information for the video teleconference from the Courtroom Deputy Clerk. Signed by Judge Randolph D. Moss on 12/1/2021. (lcrdm1) (Entered: 12/01/2021)
2021-12-02		Set/Reset Hearings: Status Conference set for 12/6/2021, at 2:00 PM, by video, before Judge Randolph D. Moss. (kt) (Entered: 12/02/2021)
2021-12-02	55	NOTICE of Appearance by Johnny Hillary Walker, III on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Walker, Johnny) (Entered: 12/02/2021)
2021-12-06		Minute Entry for proceedings held before Judge Randolph D. Moss: Video (Zoom) Status Conference held on 12/6/2021. Joint Status Report due by 1/14/2022. (Court Reporter: Jeff Hook.) (kt) Modified on 12/6/2021 to correct typo (kt). (Entered: 12/06/2021)
2022-01-14	56	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 01/14/2022)
2022-01-14		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 56 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 18, 2022. Signed by Judge Randolph D. Moss on 1/14/2022. (lcrdm1) (Entered: 01/14/2022)
2022-02-18	57	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 02/18/2022)
2022-02-21		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 57 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 21, 2022. Signed by Judge Randolph D. Moss on 2/21/2022. (lcrdm1) (Entered: 02/21/2022)
2022-03-21	58	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 03/21/2022)
2022-03-22		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 58 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 29, 2022. Signed by Judge Randolph D. Moss on 3/22/2022. (lcrdm1) (Entered: 03/22/2022)
2022-04-29	59	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 04/29/2022)
2022-05-02		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 59 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 27, 2022. Signed by Judge Randolph D. Moss on 5/2/2022. (lcrdm1) (Entered: 05/02/2022)
2022-05-27	60	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 05/27/2022)
2022-06-07		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 60 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 30, 2022. Signed by Judge Randolph D. Moss on 6/7/2022. (lcrdm1) (Entered: 06/07/2022)
2022-06-30	61	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 06/30/2022)
2022-07-05		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 61 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 29, 2022. Signed by Judge Randolph D. Moss on 7/5/2022. (lcrdm1) (Entered: 07/05/2022)
2022-07-27	62	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 07/27/2022)
2022-07-28		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 62 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 28, 2022. Signed by Judge Randolph D. Moss on 7/28/2022. (lcrdm1) (Entered: 07/28/2022)
2022-08-26	63	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Walker, Johnny) (Entered: 08/26/2022)
2022-08-27		MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 63 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 30, 2022. Signed by Judge Randolph D. Moss on 08/27/2022. (lcrdm1) (Entered: 08/27/2022)
2022-08-29		Set/Reset Deadlines: Joint Status Report due by 9/30/2022. (kt) (Entered: 08/29/2022)
2022-09-12	64	STIPULATION of Dismissal by PROTECT DEMOCRACY PROJECT, INC.. (Forbes, Matthew) (Entered: 09/12/2022)
2022-09-12		MINUTE ORDER: Upon consideration of the parties' stipulation of dismissal, Dkt. 64 , it is hereby ORDERED that the case is DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a). The Clerk of Court is directed to terminate the case. Signed by Judge Randolph D. Moss on 09/12/2022. (lcrdm1) (Entered: 09/12/2022)
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