Case Detail

FOIA Project Annotation: Judge Emmet Sullivan had adopted nearly all of Magistrate Judge Deborah Robinson's Report and Recommendation dealing with FOIA requests from American Oversight pertaining to the Department of Health and Human Services' efforts to repeal the Affordable Care Act and potentially replace it with a Republican-sponsored alternative. The case involved agency claims under Exemption 5 (privileges), as well as disposing of claims made by the House Ways and Means Committee that records shared between the Committee and the agencies were not agency records, but instead, congressional records not subject to FOIA. In March 2017, American Oversight submitted FOIA requests to the Department of Health and Human Services and OMB for emails, meeting notices, and calendar entries related to health care reform. The agencies withheld a number of communications under Exemption 5, citing the consultant corollary. In September 2017, CWM filed a motion to intervene in the FOIA litigation, arguing that the agencies were planning to disclose 25 emails which CWM claimed were the confidential property of CWM and were congressional records not subject to FOIA. American Oversight did not oppose CWM's motion to intervene but made clear that it did not waive any arguments that might be made in response to the Committee's motion for summary judgment, which American Oversight would address in its own summary judgment motion. Sullivan referred the case to Robinson, who issued an R & R denying American Oversight's summary judgment motion. Robinson subsequently issued a second R & R, granting the summary judgment motions of the agencies and the Committee, and denying American Oversight's cross-motion. American Oversight asked Sullivan to review Robinson's reports and rule on her recommendations. American Oversight first argued that CWM failed to state a cause of action that would allow it to intervene in the case because its interests were adverse to those of the agencies. American Oversight claimed that CWM instead should have filed a reverse-FOIA suit aimed at blocking the agencies from disclosing records it believed were confidential. CWM asserted that its aim at intervening was to get the agencies to change their previous determination that the disputed records were agency records subject to FOIA. In response, American Oversight argued that CWM could not challenge an adverse agency determination as a defendant in a FOIA action and that the court lacked subject matter jurisdiction because the positions of CWM and the agencies were not aligned. Addressing the dispute, Sullivan indicated that "the Court is unpersuaded that Defendants and CWM have adverse positions." He pointed out that "that CWM and Defendants present different defenses for why the records should not be disclosed does not mean their positions are adverse. CWM is not, as Plaintiff suggests, appealing the agencies' decision, but rather attempting to 'prevent any further disclosure.' For this reason, it is irrelevant if CWM 'surely intends this potential finding to bind Defendants with respect to the treatment of the Contested Records in the future, including when responding to other future FOIA requests.'" He observed that "simply put, Plaintiff presents no case law as to why an adverse position, were it to exist, would impact the decision here." Sullivan also rejected American Oversight's claim that the court did not have subject matter jurisdiction to hear CWM's claim. He explained that Robinson's R & R found that "FOIA does not provide an independent cause of action for a party to bar an executive agency's willing disclosure of documents, but it is another matter entirely to argue that defendants in a FOIA case may not mount any defense against a plaintiff's attempt to use the statute to compel disclosure, as plaintiff argues here." Sullivan observed that "here, the relief CWM seeks supplements Defendants' defense, since the 'goal of both defenses â€" Exemption 5 and congressional records â€" is to prevent the disclosure of the documents for the purpose of preserving their confidential nature.' Plaintiff points to no authority that defenses are required to be consistent with each other." American Oversight argued that Robinson had failed to require HHS to use search terms that were in common use at the time to describe healthcare reform. Sulivan disagreed, noting that "the reason Magistrate Judge Robinson was unpersuaded by the evidence was a lack of 'significant evidence to suggest that other documents cold be found that do not contain one of the search terms used.' This is in keeping with the legal standard, which holds that 'purely speculative claims about the existence and discoverability of other documents,' cannot rebut reasonably detailed agency affidavits related to the adequacy of the search, such as those provided in this case." Many of the Exemption 5 claims relied on the consultant corollary since they involved sharing privileged information with Congress, which does not qualify as an agency for the "intra- or inter-agency" threshold under Exemption 5. Sullivan indicated the Robinson found that the "relevant inquiry is not whether the party was simply self-interested, but whether the advice provided by the consultant conflicts with the agency's ability to advance its own interests." That meant that "Congress' members' interests in the documents at issue are not 'adverse to the interests of the government, they are the interests of the government' since Congress was providing advice 'in the interest of the American people' rather than its own self-interest." By contrast, American Oversight argued that Robinson's interpretation would require that a FOIA requester demonstrate that an outside consultant was acting 'adverse to its competitors' or 'adverse to the government,' establishing a high bar for what constitutes an 'independent interest' sufficient to defeat the application of the consultant corollary. Instead, American Oversight argued that the case law focused on whether or not the outside consultant had an 'independent interest' in the outcome of the agency's decisionmaking process. Sullivan agreed with Robinson. He noted that "even if there parts of the legislation where the interests of members were not 'necessarily aligned,' the consultant corollary would only be inapplicable if the interests were: (1) necessarily adverse; and (2) the members were competitors." He indicated that "the Court is unaware of, and Plaintiff does not point to, any case law that requires the advice of different consultants [here the members of Congress] to be aligned with each other." He noted that even if "HHS and OMB's congressional interlocutors all had interests in advancing the approach that best served their constituents,' they were acting as 'self-advocates at the expense of others seeking benefits inadequate to satisfy everyone.' American Oversight argued that Congress often solicited information from the agencies rather than the other way around. But Sullivan noted that "Magistrate Judge Robinson specifically stated that 'it is irrelevant whether Congress received help in return or even initiated the contact between itself and the agencies; the relevant question for this factor is whether the agency established a consultant relationship with Congress by soliciting their advice.'" He observed that "admittedly, while Magistrate Judge Robinson seemed to establish that some communications are unprotected by the consultant corollary because they do not relate to requests for advice, she did not establish which communications are not covered. Plaintiff disagrees that any communications are protected and argues that Magistrate Judge Robinson 'erroneously ignored the broader context of these communications.' The Court agrees with Plaintiff's statement but comes to the opposite conclusion as to coverage. The affidavits provided by Defendants establish that HHS 'engaged in discussions and sought feedback from Congress on legislative and administrative options for' health care reform." Having found the emails were protected by the consultant corollary, Sullivan went on to conclude that the disputed emails were both predecisional and deliberative.
Issues: Exemption 5 - Consultant privilege, Agency Record

Date Filed	Doc #	Docket Text
2017-05-04	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4939393) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A - HHS FOIA Request, # 2 Exhibit B - OMB FOIA Request, # 3 Exhibit C - OMB Response, # 4 Civil Cover Sheet, # 5 Summons for D.C. U.S. Attorney's Office, # 6 Summons for Attorney General, # 7 Summons for HHS, # 8 Summons for OMB)(Creighton, Sara) (Entered: 05/04/2017)
2017-05-04	2	MOTION for Preliminary Injunction by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support, # 2 Declaration of Sara Creighton, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Declaration of Austin Evers, # 26 Exhibit A, # 27 Exhibit B, # 28 Exhibit C, # 29 Exhibit D, # 30 Exhibit E, # 31 Exhibit F)(Creighton, Sara) (Entered: 05/04/2017)
2017-05-04	3	Corporate Disclosure Statement by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 05/04/2017)
2017-05-04		Case Assigned to Judge Emmet G. Sullivan. (md) (Entered: 05/04/2017)
2017-05-04	4	SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 05/04/2017)
2017-05-09	5	NOTICE of Appearance by Michael Hendry Baer on behalf of All Defendants (Baer, Michael) (Entered: 05/09/2017)
2017-05-09		MINUTE ORDER. The Court sua sponte schedules a status hearing on May 10, 2017 at 3:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. The parties are directed to be prepared to discuss scheduling further proceedings, a proposed briefing schedule with respect to 2 plaintiff's motion for a preliminary injunction, and whether plaintiff's motion for a preliminary injunction should be consolidated with a determination on the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). Signed by Judge Emmet G. Sullivan on 5/9/2017. (lcegs2) (Entered: 05/09/2017)
2017-05-10		Set/Reset Hearings: Status Conference set for 5/10/2017 at 3:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 05/10/2017)
2017-05-10	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Austin R. Evers, :Firm- American Oversight, :Address- 1030 15th Street NW B-255, Washington, DC 20005. Phone No. - (202) 869-5246. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-4946390. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 05/10/2017)
2017-05-10	7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John E. Bies, :Firm- American Oversight, :Address- 1030 15th Street NW B-255, Washington, DC 20005. Phone No. - (202) 869-5246. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-4946419. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 05/10/2017)
2017-05-10	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/8/2017. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2017. (Creighton, Sara) (Entered: 05/10/2017)
2017-05-10		MINUTE ORDER granting 6 , 7 motions for leave to appear pro hac vice. Austin R. Evers and John E. Bies are hereby admitted pro hac vice in this action. Signed by Judge Emmet G. Sullivan on 5/10/2017. (lcegs2) (Entered: 05/10/2017)
2017-05-10		Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/10/2017. Parties To File Joint Status Report due by 5/17/2017. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 05/10/2017)
2017-05-10		MINUTE ORDER. At the status hearing on May 10, 2017, the government informed the Court that both agencies have undertaken searches in response to plaintiff's FOIA requests. The Court directs the parties to confer in good faith about the propriety of the search terms applied to the agencies' searches. The Court further directs the parties to submit a joint status report -- which should include whether the volume of responsive documents has been ascertained, whether a production schedule can be set, and a recommendation as to further proceedings -- by no later than May 17, 2017. In the event that the parties are unable to agree on a joint recommendation, each party shall file an individual recommendation by that time. In light of the status conference, the Court will defer setting a briefing schedule on 2 plaintiff's motion for a preliminary injunction at this time. Signed by Judge Emmet G. Sullivan on 5/10/2017. (lcegs2) (Entered: 05/10/2017)
2017-05-10	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 5/8/2017; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/8/2017, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/8/2017. (See Docket Entry 8 to view document). (znmw) (Entered: 05/11/2017)
2017-05-17	10	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 05/17/2017)
2017-05-19		MINUTE ORDER. In light of the parties' joint status report, the parties are directed to submit a joint status report -- which should include whether a production schedule can be set and a recommendation as to further proceedings -- by no later than 3:00 p.m. on May 24, 2017. The Court further directs the parties to appear for a status hearing on May 25, 2017 at 12:30 PM in Courtroom 24A. Signed by Judge Emmet G. Sullivan on May 19, 2017. (lcegs2) (Entered: 05/19/2017)
2017-05-19		Set/Reset Deadlines/Hearings: Joint Status Report by 3:00PM on 5/24/2017. Status Conference set for 5/25/2017 at 12:30 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 05/19/2017)
2017-05-24	11	Joint STATUS REPORT by U.S. Department of Health and Human Services and Office of Management and Budget, and by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 05/24/2017)
2017-05-25		MINUTE ORDER. Due to the Court's calendar, the status hearing previously scheduled for May 25, 2017 at 12:30 p.m. will now take place on May 25, 2017 at 1:00 p.m. in Courtroom 24A. PLEASE NOTE THE TIME CHANGE. The Court regrets any inconvenience to the parties. Signed by Judge Emmet G. Sullivan on May 25. 2017. (lcegs2) (Entered: 05/25/2017)
2017-05-25		Set/Reset Hearings: Status Conference set for 5/25/2017 at 1:00 PM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 05/25/2017)
2017-05-25		Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/25/2017. Status Conference set for 10/23/2017 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. The Court Will Issue An Order Forthcoming. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 05/25/2017)
2017-05-25		ENTERRED IN ERROR.....Minute Entry for proceedings held before Judge Emmet G. Sullivan: Status Conference held on 5/25/2017. The Court Will Dismiss This Case Without Prejudice. Plaintiff Motion For Reconsideration due by 6/8/2017. Defendant Response due by 6/15/2017. Plaintiff Reply due by 6/22/2017. (Court Reporter SCOTT WALLACE.) (mac) (Entered: 05/25/2017)
2017-05-25		MINUTE ORDER. Upon consideration of the parties' joint status report and the representations of the parties at the status conferences held on May 10 and May 25, 2017, and for the reasons stated on the record in open court at those conferences, the Court ORDERS defendants to review and process the approximately 11,000 pages of records identified by the Department of Health and Human Services and the 2,348 documents identified by the Office of Management and Budget by no later than September 5, 2017. HHS shall review and process (1) at least 3,500 pages by June 30, 2017; (2) at least an additional 3,500 pages by July 31, 2017; (3) and any remaining pages by September 5, 2017. HHS shall produce any non-exempt, responsive material to plaintiff on a rolling basis on those same dates. OMB shall review and process (1) at least 775 documents by June 30, 2017; (2) at least an additional 775 documents by July 31, 2017; (3) and any remaining documents by September 5, 2017. OMB shall produce any non-exempt, responsive material to plaintiff on a rolling basis on those same dates. The Court FURTHER ORDERS the parties to comply with the following briefing schedule: defendants shall file their motion for summary judgment by no later than September 19, 2017; plaintiff shall file a combined cross-motion for summary judgment and opposition to defendants' motion for summary judgment, by no later than October 3, 2017; defendants shall file a combined reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion by no later than October 17, 2017; and plaintiff shall file a reply in support of its cross-motion by no later than October 23, 2017. The Court FURTHER ORDERS that a hearing on the parties' motions for summary judgment will be held on November 2, 2017 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on May 25. 2017. (lcegs2) (Entered: 05/25/2017)
2017-05-25		Set/Reset Deadlines: Defendants Motion For Summary Judgment due by 9/19/2017. Plaintiff Combined Cross-Motion For Summary Judgment And Opposition To Defendants' Motion For Summary Judgment due by 10/3/2017. Defendants Combined Reply In Support Of Their Motion For Summary Judgment and Opposition To Plaintiff's Cross-Motion due by 10/17/2017. Plaintiff Reply In Support Of Its Cross-Motion due by 10/23/2017. (mac) (Entered: 05/25/2017)
2017-06-07	12	ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Baer, Michael) (Entered: 06/07/2017)
2017-07-11	13	TRANSCRIPT OF PROCEEDINGS before Judge Emmet G. Sullivan held on 5-25-17; Page Numbers: (1-30). Date of Issuance:7-11-17. Court Reporter/Transcriber Scott Wallace, Telephone number 202-354-3196, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>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 above. 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.<P> 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.<P></P> Redaction Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017. Release of Transcript Restriction set for 10/9/2017.(Wallace, Scott) (Entered: 07/11/2017)
2017-07-25	14	STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 7/24/2017.(Attachments: # 1 Exhibit) (lcegs1) (Entered: 07/25/2017)
2017-08-02	15	STATUS REPORT AND REQUEST FOR HEARING by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A - Excerpts)(Creighton, Sara) (Entered: 08/02/2017)
2017-08-02	17	MOTION for Hearing by AMERICAN OVERSIGHT. (See Docket Entry 15 to view document). (znmw) (Entered: 08/03/2017)
2017-08-03	16	Memorandum in Opposition re 17 Motion for Hearing, 15 Status Report in response to Plaintiff's Status Report and Request for Hearing by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A)(Baer, Michael) Modifiedevent title and added links on 8/3/2017 (znmw). (Entered: 08/03/2017)
2017-08-04		MINUTE ORDER denying 17 plaintiff's motion for a hearing. The Court agrees with defendants that it is premature at this juncture to determine the applicability of FOIA exemptions given that document production is still underway and that defendants have not yet provided the court with the information necessary to make a decision on the applicable exemptions. Signed by Judge Emmet G. Sullivan on August 4, 2017. (lcegs2) (Entered: 08/04/2017)
2017-09-13	18	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Baer, Michael) (Entered: 09/13/2017)
2017-09-15	19	MOTION to Intervene and Memorandum in Support of Motion to Intervene by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Declaration, # 2 Exhibit Answer to Complaint, # 3 Text of Proposed Order)(Hungar, Thomas) (Entered: 09/15/2017)
2017-09-15	20	NOTICE of Appearance by Thomas G. Hungar on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Hungar, Thomas) (Entered: 09/15/2017)
2017-09-19	21	MOTION for Leave to File by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File, # 2 Supplement Proposed Motion for Summary Judgment and Memorandum in Support, # 3 Statement of Facts, # 4 Declaration and Exhibits, # 5 Text of Proposed Order Granting Motion for Summary Judgment)(Hungar, Thomas) (Entered: 09/19/2017)
2017-09-19		MINUTE ORDER granting 18 defendant's unopposed motion for an extension of time. The Court directs the parties to comply with the following briefing schedule: defendants shall file their motion for summary judgment by no later than September 26, 2017; plaintiff shall file a combined cross-motion for summary judgment and opposition to defendants' motion for summary judgment, by no later than October 10, 2017; defendants shall file a combined reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion by no later than October 24, 2017; and plaintiff shall file a reply in support of its cross-motion by no later than October 30, 2017. The hearing on the parties' motions for summary judgment will still be held on November 2, 2017 at 11:00 a.m. in Courtroom 24A. Signed by Judge Emmet G. Sullivan on September 19, 2017. (lcegs2) (Entered: 09/19/2017)
2017-09-20		Set/Reset Deadlines/Hearings: Defendants Motion For Summary Judgment due by 9/26/2017. Plaintiff Combined Cross-Motion For Summary Judgment And Opposition To Defendants' Motion For Summary Judgment due by 10/10/2017. Defendants Combined Reply In Support Of Their Motion For Summary Judgment And Opposition To Plaintiff's Cross-Motion due by 10/24/2017.Plaintiff Reply In Support Of Its Cross-Motion due by 10/30/2017. Motion Hearing set for 11/2/2017 at 11:00 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 09/20/2017)
2017-09-20	22	WITHDRAWN PURSUANT TO NOTICE FILED 9/26/2017.....MOTION to Modify Briefing Schedule on Motion to Intervene by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) Modified on 9/27/2017 (znmw). (Entered: 09/20/2017)
2017-09-26	23	WITHDRAWAL of Motion by AMERICAN OVERSIGHT re 22 MOTION to Modify Briefing Schedule on Motion to Intervene filed by AMERICAN OVERSIGHT . (Creighton, Sara) (Entered: 09/26/2017)
2017-09-26	24	RESPONSE re 19 MOTION to Intervene and Memorandum in Support of Motion to Intervene filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 09/26/2017)
2017-09-26		MINUTE ORDER granting as unopposed 19 the U.S. House of Representatives Committee on Ways and Means' motion to intervene. The Committee is added as a defendant-intervenor in this action. The [19-2] Committee's answer is deemed filed as of the date of this Order. Signed by Judge Emmet G. Sullivan on September 26, 2017. (lcegs2) (Entered: 09/26/2017)
2017-09-26		MINUTE ORDER granting 21 the U.S. House of Representatives Committee on Ways and Means' motion for leave to file a motion for summary judgment. The Committee's motion for summary judgment, memorandum in support, and accompanying materials are deemed filed. Plaintiff shall file its opposition to the Committee's motion for summary judgment, which shall be combined with its opposition to defendants' motion for summary judgment and its cross-motion for summary judgement, by no later than October 10, 2017. The Committee shall file its combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment by no later than October 24, 2017. All other briefing deadlines previously entered in the Court's Minute Order on September 19, 2017 remain in place. Defendant is further directed to deliver to chambers by no later than 4:00 pm on November 3, 2017 two binders each containing one hard copy of (1) its motion and any attached materials thereto; (2) the Committee's motion and any attached materials thereto; (3) plaintiff's combined opposition and cross-motion and any attached materials thereto; and (4) any replies and any attached materials thereto. Hard copies shall be single-sided, use one-inch margins, and be in three-ring binders with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the contents therein. Due to the competing demands on the Court's calendar, including official travel outside the jurisdiction, the hearing on the parties' motions for summary judgment previously scheduled for November 2, 2017 will now take place on December 13, 2017 at 10:30 am in Courtroom 24A. To the extent that the Court determines that it can resolve the parties' motions without oral argument, the parties are advised that the Court may cancel the December 13 hearing. Signed by Judge Emmet G. Sullivan on September 26, 2017. (lcegs2) (Entered: 09/26/2017)
2017-09-26	25	MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Memorandum in Support, # 2 Declaration of Thomas Hitter, # 3 Declaration of Jonathan Slemrod, # 4 Declaration of Michael Bell, # 5 Declaration of Kristin S. Skrzycki, # 6 Declaration of Sarah C. Arbes, # 7 Statement of Facts not in Dispute, # 8 Text of Proposed Order)(Baer, Michael) (Entered: 09/26/2017)
2017-09-26	26	ANSWER to Complaint by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES.(jf) (Entered: 09/27/2017)
2017-09-26	27	MOTION for Summary Judgment by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Attachments: # 1 Statement of Facts, # 2 Declaration and Exhibits, # 3 Text of Proposed Order)(jf) (Entered: 09/27/2017)
2017-09-27		Set/Reset Deadlines/Hearings: Plaintiff Opposition To The Committee's Motion For Summary Judgment, Which Shall Be Combined With Its Opposition To Defendants' Motion For Summary Judgment And Its Cross-Motion For Summary Judgment due by 10/10/2017. The Committee Combined Reply In Support Of Its Motion For Summary Judgment And Opposition To Plaintiff's Cross-Motion For Summary Judgment due by 10/24/2017. Motion Hearing set for 10/13/2017 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 09/27/2017)
2017-09-29	28	Joint MOTION for Extension of Time to Complete Summary Judgment Briefing by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 09/29/2017)
2017-10-02		MINUTE ORDER granting 28 the parties' joint motion for an extension of time. Plaintiff shall file its opposition to the Committee's motion for summary judgment, which shall be combined with its opposition to defendants' motion for summary judgment and its cross-motion for summary judgement, by no later than October 17, 2017. Defendants shall file any response to the Committee's motion for summary judgment by no later than October 17, 2017. The Committee shall file its combined reply in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment by no later than November 3, 2017. Defendants shall file their combined reply in support of their motion for summary judgment and opposition to plaintiff's cross-motion for summary judgement by no later than November 3, 2017. Plaintiff shall file its reply in support of its motion for summary judgment by no later than November 10, 2017. Defendant is directed to deliver to chambers by no later than 4:00 pm on November 14, 2017 the materials set forth in the Court's September 26, 2017 Minute Order. Signed by Judge Emmet G. Sullivan on October 2, 2017. (lcegs2) (Entered: 10/02/2017)
2017-10-02		Set/Reset Deadlines: Plaintiff Combined Opposition To The Committee's Motion For Summary Judgment, Which Shall Be Combined With Its Opposition To Defendants' Motion For Summary Judgment And Its Cross-Motion For Summary Judgment And Defendants Response To The Committee's Motion For Summary Judgment due by 10/17/2017. The Committee Combined Reply In Support Of Its Motion For Summary Judgment And Opposition To Plaintiff's Cross-Motion For Summary Judgment And Plaintiff Reply In Support Of Its Motion For Summary Judgment due by 11/3/2017. Plaintiff Reply In Support Of Its Motion For Summary Judgment due by 11/10/2017. (mac) (Entered: 10/02/2017)
2017-10-11	29	MOTION for Leave to File Excess Pages in Combined Oppositions and Cross-Motions for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 10/11/2017)
2017-10-12		MINUTE ORDER denying 29 plaintiff's motion for excess pages. In light of the fact that defendant and defendant-intervenor's memoranda in support of their motions for summary judgment only amount to 41 pages combined, the Court finds that additional pages for plaintiff's opposition and cross-motion are unwarranted. Signed by Judge Emmet G. Sullivan on October 12, 2017. (lcegs2) (Entered: 10/12/2017)
2017-10-13		Set/Reset Hearings: Motion Hearing set for 12/13/2017 at 10:30 AM in Courtroom 24A before Judge Emmet G. Sullivan. (mac) (Entered: 10/13/2017)
2017-10-17	30	Cross MOTION for Summary Judgment by AMERICAN OVERSIGHT (Attachments: # 1 Memorandum in Support of Cross-Motion, # 2 Text of Proposed Order, # 3 Declaration of Sara Creighton and Exhibits Thereto, # 4 Statement of Facts as to Defendants, # 5 Statement of Facts as to Defendant-Intervenor, # 6 Declaration Under FRCP 56(d))(Creighton, Sara) (Entered: 10/17/2017)
2017-10-17	31	Memorandum in opposition to re 25 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Sara Creighton and Exhibits Thereto, # 3 Statement of Facts, # 4 Declaration under FRCP 56(d))(Creighton, Sara) (Entered: 10/17/2017)
2017-10-17	32	Memorandum in opposition to re 27 MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Sara Creighton and Exhibits Thereto, # 3 Statement of Facts, # 4 Declaration under FRCP 56(d))(Creighton, Sara) (Entered: 10/17/2017)
2017-11-03	33	REPLY to opposition to motion re 27 MOTION for Summary Judgment filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Attachments: # 1 Statement of Facts Reply to Counter-Statement of Material Facts Not In Dispute, # 2 Declaration Second Declaration of Allison E. Halataei)(Hungar, Thomas) Modified link on 11/6/2017 (znmw). (Entered: 11/03/2017)
2017-11-03	34	Memorandum in opposition to re 30 Cross MOTION for Summary Judgment and reply re Motion for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Thomas Hitter (Suppl.), # 2 Declaration of Michael Bell (Suppl.), # 3 Statement of Facts (Reply to Counter-Statement))(Baer, Michael) (Entered: 11/03/2017)
2017-11-03	35	REPLY to opposition to motion re 25 MOTION for Summary Judgment and opposition re Cross-Motion for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Thomas Hitter (Suppl.), # 2 Declaration of Michael Bell (Suppl.), # 3 Statement of Facts (Reply to Counter-Statement))(Baer, Michael) (Entered: 11/03/2017)
2017-11-03	36	Memorandum in opposition to re 30 Cross MOTION for Summary Judgment filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (See Docket Entry 33 to view document). (znmw) (Entered: 11/06/2017)
2017-11-10	37	REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 11/10/2017)
2017-12-05	38	NOTICE of Appearance by James Mahoney Burnham on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Burnham, James) (Entered: 12/05/2017)
2017-12-11		MINUTE ORDER. The Court, sua sponte, cancels the motions hearing scheduled for December 13, 2017. In the event the Court is unable to resolve the pending motions for summary judgment without a hearing, the Court will advise the parties and reschedule the hearing for a mutually agreeable date and time. Signed by Judge Emmet G. Sullivan on December 11, 2017. (lcegs2) (Entered: 12/11/2017)
2018-03-08		MINUTE ORDER REFERRING CASE. Pursuant to Local Civil Rule 72.3(a)(3), the Court hereby refers 25 , 27 , 30 the pending cross-motions for summary judgment to a magistrate judge for a report and recommendation. All proceedings before the Honorable Emmet G. Sullivan are hereby STAYED pending receipt of a report and recommendation. Signed by Judge Emmet G. Sullivan on March 8, 2018. (lcegs2) (Entered: 03/08/2018)
2018-03-08		Case Stayed (mac) (Entered: 03/08/2018)
2018-03-08		CASE RANDOMLY REFERRED to Magistrate Judge Deborah A. Robinson for a report and recommendation. (zmd) (Entered: 03/12/2018)
2018-05-08		Set/Reset Hearings: Status Conference set for 5/30/2018 at 02:30 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. (lcdar1) (Entered: 05/08/2018)
2018-05-30		Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference held on 5/30/2018. Parties are to meet and confer to identify the issues regarding argument. Joint Oral Argument Memorandum due by 6/22/2018. Oral Argument Hearing set for 6/26/2018 at 02:00 PM in Courtroom 4 before Magistrate Judge Deborah A. Robinson. Court Reporter FTR - Gold; FTR Time Frame: Ctrm 4 [2:35:01 - 2:48:22]; Plaintiff's Attorneys: John Bies and Sara Creighton; Defense Attorneys: James Burnham, Michael Baer, Thomas Hungar, Kristin Shapiro, and Marcia Berman. (cal) (Entered: 05/30/2018)
2018-06-18	39	NOTICE of Recent Production Raising Related Issues by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 06/18/2018)
2018-06-22	40	JOINT ORAL ARGUMENT MEMORANDUM by AMERICAN OVERSIGHT. (Creighton, Sara) Modified on 6/25/2018 to add docket text (jf). (Entered: 06/22/2018)
2018-06-26	41	RESPONSE re 39 Notice (Other) filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1)(Baer, Michael) (Entered: 06/26/2018)
2018-06-26		Minute Entry for proceedings held before Magistrate Judge Deborah A. Robinson: Oral Argument held on 6/26/2018. Report and Recommendation to be filed by the Court. Court Reporter: Janice Dickman; FTR Time Frame: Ctrm 4 [2:01:00 - 3:34:23; 3:53:09 - 4:17:10]; Plaintiff's Attorneys: John Bies and Sara Creighton; Defendant's Attorneys: James Burnham, Michael Baer, and Marcia Berman; Intervenor Defendant's Attorneys: Thomas Hungar and Kristin Shapiro. (cal) (Entered: 06/26/2018)
2018-07-10	42	MOTION to Temporarily Lift Stay by AMERICAN OVERSIGHT (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Motion for Judgment on the Pleadings)(Creighton, Sara) . (Entered: 07/10/2018)
2018-07-17		MINUTE ORDER referring 42 plaintiff's motion to temporarily lift the stay to Magistrate Judge Robinson for her consideration prior to issuing her report and recommendation on the pending motions for summary judgment. Signed by Judge Emmet G. Sullivan on July 17, 2018. (lcegs2) (Entered: 07/17/2018)
2018-07-19		MINUTE ORDER: A status hearing is scheduled for 10:00 a.m. on Monday, July 23, 2018 in Courtroom 4 before Magistrate Judge Deborah A. Robinson. So Ordered by Magistrate Judge Deborah A. Robinson on 07/19/2018. (lcdar3) (Entered: 07/19/2018)
2018-07-19	43	Memorandum in opposition to re 42 MOTION to Lift Stay filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Hungar, Thomas) (Entered: 07/19/2018)
2018-07-20	44	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine M. Anthony, :Firm- American Oversight, :Address- 1030 15th Street NW B-255, Washington, DC 20005. Phone No. - (202) 869-5246. Fax No. - (202) 871-6523 Filing fee $ 100, receipt number 0090-5598202. Fee Status: Fee Paid. by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 07/20/2018)
2018-07-23		MINUTE ORDER granting 44 Motion for Leave to Appear Pro Hac Vice. So Ordered by Magistrate Judge Deborah A. Robinson on 7/23/2018. (cal) Modified on 7/23/2018 (zcal). (Entered: 07/23/2018)
2018-07-23		Minute Order and Entry for Proceedings held before Magistrate Judge Deborah A. Robinson: Status Conference held on 7/23/2018. 42 Motion to Lift Stay is GRANTED. The Court directs the Clerk's Office to extract Exhibit A from Motion 42 and file as a separate motion. Intervenor Defendant's Opposition to the Plaintiff's Motion for Judgment on the Proceedings due no later than 7/26/2018. Plaintiff's Reply due no later than 7/30/2018. Court Reporter FTR - Gold; TR Time Frame: Ctrm 4 [10:03:58 - 10:21:01]; Plaintiff's Attorneys: John Bies, Sara Creighton, and Katherine Anthony; Defendant's Attorneys: Michael Baer and Marcia Berman; Intervenor Defendant's Attorneys: Thomas Hungar and Kristin Shapiro. (cal) (Entered: 07/23/2018)
2018-07-23	45	MOTION for Judgment on the Pleadings by AMERICAN OVERSIGHT (ztd) (Entered: 07/24/2018)
2018-07-24		MINUTE ORDER referring 45 plaintiff's motion for judgment on the pleadings to Magistrate Judge Robinson for a report and recommendation. Signed by Judge Emmet G. Sullivan on 7/24/2018. (lcegs2) (Entered: 07/24/2018)
2018-07-26	46	Memorandum in opposition to re 45 MOTION for Judgment on the Pleadings filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Hungar, Thomas) (Entered: 07/26/2018)
2018-07-30	47	REPLY to opposition to motion re 45 MOTION for Judgment on the Pleadings filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 07/30/2018)
2018-08-03	48	REPORT AND RECOMMENDATION re 45 Motion for Judgement on the Pleading. Signed by Magistrate Judge Deborah A. Robinson on 8/3/2018. (lcdar1) (Entered: 08/03/2018)
2018-08-03		MINUTE ORDER STAYING CASE. In view of the referral of this case to a Magistrate Judge for a report and recommendation, proceedings before Judge Sullivan are STAYED. Signed by Judge Emmet G. Sullivan on 8/3/2018. (lcegs1) (Entered: 08/03/2018)
2018-08-03		MINUTE ORDER. In view of 35 joint status report, the parties shall submit a joint status report by no later than November 3, 2018 advising the Court whether a continued stay is warranted or if litigation deadlines should be reinstated, in which case the parties shall propose a revised litigation schedule. Signed by Judge Emmet G. Sullivan on 8/3/2018. (lcegs1) (Entered: 08/03/2018)
2018-08-03		Set/Reset Deadlines: Joint Status Report due by 11/3/2018. (mac) (Entered: 08/03/2018)
2018-08-10	49	REPORT AND RECOMMENDATION re 25 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF MANAGEMENT AND BUDGET, 30 Cross MOTION for Summary Judgment filed by AMERICAN OVERSIGHT, 27 MOTION for Summary Judgment filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. Signed by Magistrate Judge Deborah A. Robinson on 8/10/2018. (lcdar1) (Entered: 08/10/2018)
2018-08-17	50	OBJECTION to 48 Report and Recommendations filed by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Creighton, Sara) (Entered: 08/17/2018)
2018-08-24	51	OBJECTION to 49 Report and Recommendations filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 08/24/2018)
2018-08-24	52	OBJECTION to 49 Report and Recommendations filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 08/24/2018)
2018-08-31	53	RESPONSE re 50 Objection to Report and Recommendations filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Attachments: # 1 Declaration of Lily Hsu and Exhibits A & B)(Hungar, Thomas) (Entered: 08/31/2018)
2018-08-31	54	RESPONSE re 52 Objection to Report and Recommendations filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 08/31/2018)
2018-09-07	55	REPLY re 50 Objection to Report and Recommendations filed by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 09/07/2018)
2018-09-07	56	RESPONSE re 51 Objection to Report and Recommendations filed by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES. (Hungar, Thomas) (Entered: 09/07/2018)
2018-09-07	57	RESPONSE re 51 Objection to Report and Recommendations filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 09/07/2018)
2018-09-07	58	REPLY re 52 Objection to Report and Recommendations filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 09/07/2018)
2018-09-14	59	REPLY re 51 Objection to Report and Recommendations filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 09/14/2018)
2018-09-17	60	NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN OVERSIGHT (Creighton, Sara) (Entered: 09/17/2018)
2018-09-28	61	RESPONSE re 60 NOTICE OF SUPPLEMENTAL AUTHORITY filed by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Baer, Michael) (Entered: 09/28/2018)
2018-11-01	62	NOTICE of Change of Address by Michael Hendry Baer (Baer, Michael) (Entered: 11/01/2018)
2018-11-02	63	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 11/02/2018)
2019-01-03	64	NOTICE of Appearance by Kimberly Ann Hamm on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Hamm, Kimberly) (Entered: 01/03/2019)
2019-01-03	65	MOTION to Withdraw as Attorney by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Hungar, Thomas) (Entered: 01/03/2019)
2019-01-03	66	NOTICE of Appearance by Kristin A. Shapiro on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Shapiro, Kristin) (Entered: 01/03/2019)
2019-01-25		MINUTE ORDER granting 65 Motion to Withdraw as Attorney. Attorney Thomas G. Hungar terminated. Signed by Judge Emmet G. Sullivan on 1/25/2019. (lcegs2) (Entered: 01/25/2019)
2019-03-31	67	NOTICE OF SUPPLEMENTAL AUTHORITY by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Creighton, Sara) (Entered: 03/31/2019)
2019-04-02	68	MOTION to Withdraw as Attorney by COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Hamm, Kimberly) (Entered: 04/02/2019)
2019-04-04		MINUTE ORDER granting 68 motion to withdraw as attorney. Attorney Kimberly Ann Hamm terminated. Signed by Judge Emmet G. Sullivan on 4/4/2019. (lcegs2) (Entered: 04/04/2019)
2020-01-31	69	NOTICE OF SUBSTITUTION OF COUNSEL by Brooks McKinly Hanner on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES Substituting for attorney Kristin A. Shapiro (Hanner, Brooks) (Entered: 01/31/2020)
2020-01-31	70	NOTICE of Appearance by Todd Barry Tatelman on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Tatelman, Todd) (Entered: 01/31/2020)
2020-02-04	71	NOTICE of Appearance by Douglas N. Letter on behalf of COMMITTEE ON WAYS AND MEANS U.S. HOUSE OF REPRESENTATIVES (Letter, Douglas) (Entered: 02/04/2020)
2020-02-04	72	MOTION to Withdraw as Attorney by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Burnham, James) (Entered: 02/04/2020)
2020-02-04	73	ENTERED IN ERROR.....MOTION to Withdraw as Attorney by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Burnham, James) Modified on 2/4/2020 (jf). (Entered: 02/04/2020)
2020-02-04		NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 73 MOTION to Withdraw as Attorney was entered in error and counsel was instructed to refile said pleading in correct case (19cv969). (jf) (Entered: 02/04/2020)
2020-02-05		MINUTE ORDER granting 72 Motion to Withdraw as Attorney. Attorney James M. Burnham's appearance is terminated in this matter. Signed by Judge Emmet G. Sullivan on 2/5/2020. (lcegs2) (Entered: 02/05/2020)
2020-07-27	74	NOTICE OF SUPPLEMENTAL AUTHORITY by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1 - Am. Oversight v. U.S. Dep't of the Treasury Opinion)(Baer, Michael) (Entered: 07/27/2020)
2020-12-01		MINUTE ORDER. In view of 74 NOTICE OF SUPPLEMENTAL AUTHORITY, Plaintiff shall file a response to Defendant's Supplemental Authority by no later than December 15, 2020. The response shall be no longer than 15 pages in length. Signed by Judge Emmet G. Sullivan on 12/1/2020. (lcegs2) (Entered: 12/01/2020)
2020-12-01		Set/Reset Deadlines: Plaintiff Responses To Defendant Supplemental Authority due by 12/15/2020 (mac) (Entered: 12/01/2020)
2020-12-15	75	RESPONSE re 74 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMERICAN OVERSIGHT. (Creighton, Sara) (Entered: 12/15/2020)
2021-02-05	76	NOTICE of Appearance by Rebecca Michelle Kopplin on behalf of OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Kopplin, Rebecca) (Entered: 02/05/2021)
2021-06-30	77	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Sara Kaiser Creighton terminated. (Creighton, Sara) (Entered: 06/30/2021)
2022-01-18	78	NOTICE OF SUPPLEMENTAL AUTHORITY by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit A)(Kopplin, Rebecca) (Entered: 01/18/2022)
2022-01-31	79	RESPONSE re 78 NOTICE OF SUPPLEMENTAL AUTHORITY filed by AMERICAN OVERSIGHT. (Anthony, Katherine) (Entered: 01/31/2022)
2022-05-27	80	ORDER granting in part and denying in part 25 Motion for Summary Judgment; finding as moot 27 Motion for Summary Judgment; granting in part and denying in part 30 Motion for Summary Judgment; denying 45 Motion for Judgment on the Pleadings. Signed by Judge Emmet G. Sullivan on 5/27/2022. (lcegs1) (Entered: 05/27/2022)
2022-05-27	81	MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 5/27/2022. (lcegs1) (Entered: 05/27/2022)
2022-05-31		Set/Reset Deadlines: Joint Status Report due by 6/27/2022 (mac) (Entered: 05/31/2022)
2022-06-27	82	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kopplin, Rebecca) (Entered: 06/27/2022)
2022-06-29	83	NOTICE of Production by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Kopplin, Rebecca) (Entered: 06/29/2022)
2022-07-05		MINUTE ORDER. Pursuant to 82 Joint Status Report, the parties are directed to jointly file another status report with recommendations for further proceedings by no later than August 28, 2022. It is further ORDERED that the Defendant may forego the additional segregability review with the Plaintiff's consent. Signed by Judge Emmet G. Sullivan on 7/5/2022. (lcegs1) (Entered: 07/05/2022)
2022-07-05		Set/Reset Deadlines: Joint Status Report due by 8/28/2022 (mac) (Entered: 07/05/2022)
2022-08-26	84	Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Kopplin, Rebecca) (Entered: 08/26/2022)
2022-08-26		MINUTE ORDER DENYING AS MOOT the portion of Plaintiff's Motion for Summary Judgment, ECF No. 30; that the Court previously held in abeyance, see Order, ECF No. 80; in view of 84 Joint Status Report. Signed by Judge Emmet G. Sullivan on 8/26/2022. (lcegs1) (Entered: 08/26/2022)
2022-08-26	85	FINAL JUDGMENT. The Clerk of Court is directed to terminate this case. Signed by Judge Emmet G. Sullivan on 8/26/2022. (lcegs1) (Entered: 08/26/2022)
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