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Case TitleJAMES MADISON PROJECT et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv01513
Date Filed2018-06-26
Date Closed2020-04-01
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJAMES MADISON PROJECT
PlaintiffNOAH SHACHTMAN
PlaintiffSAM STEIN
Case DescriptionThe James Madison Project and reporters Noah Shachtman and Sam Stein of the Daily Beast submitted FOIA requests to the Department of Health and Human Services for records concerning legal or policy determinations for creating tent cities to house detained unaccompanied minors. Shachtman and Stein also requested expedited processing. The agency acknowledged receipt of the requests and told Shactman and Stein that it was being referred to the Administration for Children and Families for processing. After hearing nothing further from the agency, JMP, Shachtman, and Stein filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 37 Declaration of Celeste Smith
37 Exhibit 2
37 Memorandum Supporting Motion for Partial SJ
37 Vaughn Index
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-261COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5555536) filed by THE JAMES MADISON PROJECT, SAM STEIN, NOAH SHACHTMAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Rule 7.1 certification, # 3 Summons HHS, # 4 Summons USADC, # 5 Summons USAG)(Moss, Bradley) (Entered: 06/26/2018)
2018-06-262LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JAMES MADISON PROJECT (zsth) (Entered: 06/28/2018)
2018-06-27Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 06/27/2018)
2018-06-283SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zsth) (Entered: 06/28/2018)
2018-07-024ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 7/2/18. (DM) (Entered: 07/02/2018)
2018-07-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/3/2018 (Attachments: # 1 Exhibit HHS receipt)(Moss, Bradley) (Entered: 07/19/2018)
2018-07-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/02/2018. (Attachments: # 1 Exhibit USAG receipt)(Moss, Bradley) (Entered: 07/19/2018)
2018-07-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/1/2018. (Attachments: # 1 Exhibit USADC receipt)(Moss, Bradley) (Entered: 07/19/2018)
2018-07-308MOTION for Leave to File First Amended Complaint by JAMES MADISON PROJECT, NOAH SHACHTMAN, SAM STEIN (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - First Amended Complaint, # 3 Text of Proposed Order)(Moss, Bradley) (Entered: 07/30/2018)
2018-07-31MINUTE ORDER. The Court is in receipt of Plaintiffs' 8 Motion for Leave to File First Amended Complaint. Plaintiffs move to amend their complaint to add a claim for the production of records responsive to their FOIA request. Plaintiffs' original claim was limited to the legal issue of expedited processing. The underlying FOIA request remains the same, and no other substantive changes are proposed. Given that this case is still in its very earliest stages, that Defendant has not yet filed an Answer or otherwise appeared in this case, that the proposed amendment is a fairly narrow one, and that this is Plaintiffs' first motion to amend, the Court will GRANT Plaintiffs' motion. The Clerk of the Court shall file Plaintiffs' First Amended Complaint on the docket. Defendant shall respond to Plaintiffs' First Amended Complaint by no later than AUGUST 14, 2018. Signed by Judge Colleen Kollar-Kotelly on 7/31/2018. (lcckk3) (Entered: 07/31/2018)
2018-07-31Set/Reset Deadlines: Answer to Amended Complaint due by 8/14/2018. (dot) (Entered: 08/01/2018)
2018-07-3110First AMENDED COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by JAMES MADISON PROJECT, SAM STEIN, NOAH SHACHTMAN.(ztd) (Entered: 08/02/2018)
2018-08-019ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Haynes, Fred) (Entered: 08/01/2018)
2018-08-1411ANSWER to 10 Amended Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Haynes, Fred) (Entered: 08/14/2018)
2018-08-1512ORDER. The parties shall file a Joint Status Report by no later than SEPTEMBER 5, 2018. Signed by Judge Colleen Kollar-Kotelly on 8/15/2018. (lcckk3) (Entered: 08/15/2018)
2018-08-15Set/Reset Deadlines: Joint Status Report due by 9/5/2018. (dot) (Entered: 08/16/2018)
2018-09-07MINUTE ORDER. On August 15, 2018, the Court ordered parties to file a Joint Status Report by September 5, 2018. Parties have failed to do so. The Court ORDERS parties to submit their Joint Status Report by SEPTMEBER 10, 2018. Signed by Judge Colleen Kollar-Kotelly on 9/07/2018. (lcckk3, ) (Entered: 09/07/2018)
2018-09-1013Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 09/10/2018)
2018-09-11MINUTE ORDER. The Court is in receipt of the parties' 13 Joint Status Report. The parties informed the Court that Defendant has granted expedited processing of Plaintiff's FOIA request, but an additional two weeks are required to determine how soon Defendant can respond substantively to the request. The Court ORDERS parties to file a Joint Status Report by SEPTEMBER 24, 2018 informing the Court of Defendant's progress in responding to Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 9-11-2018. (lcckk3) (Entered: 09/11/2018)
2018-09-11Set/Reset Deadlines: Joint Status Report due by 9/24/2018. (dot) (Entered: 09/11/2018)
2018-09-2414Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 09/24/2018)
2018-09-24MINUTE ORDER. The Court is in receipt of the parties' 14 Joint Status Report. The parties informed the Court that Defendant has granted expedited processing of Plaintiff's FOIA request, but additional time is needed to determine how soon Defendant can finish responding to the FOIA request. The parties are ORDERED to file a further Joint Status Report by no later than OCTOBER 24, 2018, updating the Court on the status of Defendant's processing of Plaintiff's FOIA request. The parties are further ORDERED to file additional Joint Status Reports every 30 days thereafter. The parties are also free to file Joint Status Reports between the filing deadlines if issues arise that require the Court's attention. Signed by Judge Colleen Kollar-Kotelly on 9-24-2018. (lcckk3) (Entered: 09/24/2018)
2018-09-24Set/Reset Deadlines: Joint Status Report due by 10/24/2018. (kt) (Entered: 09/24/2018)
2018-10-2415Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 10/24/2018)
2018-10-25MINUTE ORDER. The Court is in receipt of the parties' 15 Third Joint Status Report. The parties inform the Court that Defendant has gathered all records relating to Plaintiff's FOIA request for communications among and between officials of HHS and other government officials and/or local government officials in Texas regarding the creation of "tent cities" for unaccompanied migrant children. The parties report that they are working together to prioritize the order in which the records are searched. The Court ORDERS the parties to file a joint status report by NOVEMBER 7, 2018 addressing a production schedule for responsive records. Signed by Judge Colleen Kollar-Kotelly on 10-25-2018. (lcckk3) (Entered: 10/25/2018)
2018-10-25Set/Reset Deadlines: Joint Status Report due by 11/7/2018. (dot) (Entered: 10/26/2018)
2018-11-0716Joint STATUS REPORT (Fourth) by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 11/07/2018)
2018-11-08MINUTE ORDER. The Court is in receipt of the parties' 16 Fourth Joint Status Report. The parties inform the Court that Defendant has responded to Plaintiff's FOIA request for records on the "final legal and/or policy determinations regarding the creation of the 'tent cities'" for unaccompanied migrant children. But, Plaintiff has not yet received the response. The parties further report that Defendant has gathered all records relating to Plaintiff's FOIA request for communications among and between officials of HHS and other government officials and/or local government officials in Texas regarding the creation of "tent cities" for unaccompanied migrant children. The first production of responsive records for the second FOIA request will be made on November 9, 2018, consisting of approximately 500 pages of responsive records. The parties report that they are working together to focus the review of records. The Court ORDERS the parties to file a Joint Status Report by DECEMBER 7, 2018 addressing a production schedule for responsive records. Signed by Judge Colleen Kollar-Kotelly on 11/8/2018. (lcckk3) (Entered: 11/08/2018)
2018-11-08Set/Reset Deadlines: Joint Status Report due by 12/7/2018. (dot) (Entered: 11/13/2018)
2018-12-0717Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 12/07/2018)
2018-12-10MINUTE ORDER. The Court is in receipt of the parties' 17 Fifth Joint Status Report. The parties report that Defendant has made a further production of records to Plaintiff in accordance with the rolling production schedule. The Court ORDERS that the parties file another Joint Status Report on JANUARY 7, 2019, providing the Court with an overview of Defendant's response to Plaintiff's FOIA request. Signed by Judge Colleen Kollar-Kotelly on 12/10/2018. (lcckk3) (Entered: 12/10/2018)
2018-12-10Set/Reset Deadlines: Joint Status Report due by 1/7/2019. (kt) (Entered: 12/10/2018)
2019-01-15MINUTE ORDER. The parties were ordered to file a Joint Status Report by January 7, 2019. As of this date, the Court has not received the parties' Joint Status Report. The Court ORDERS the parties to file their report by JANUARY 22, 2019. Signed by Judge Colleen Kollar-Kotelly on 1-15-2019. (lcckk3) (Entered: 01/15/2019)
2019-01-15Set/Reset Deadlines: Joint Status Report due by 1/22/2019. (dot) (Entered: 01/16/2019)
2019-01-2218MOTION to Stay by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/22/2019)
2019-01-22MINUTE ORDER. The Court is in receipt of Defendant's 18 Motion for a Stay of Further Proceedings in Case Due to Lapse of Appropriations. As of December 21, 2018, the appropriations act that had been funding the Department of Justice expired and appropriations lapsed. Absent an appropriation, Department attorneys are prohibited from working except in situations which do not apply to this case. Defendant requests that this action be stayed during the lapse in appropriations and that the Court extend the deadline for filing a Joint Status Report to 14 days after the restoration of appropriations. Defendant reports that Plaintiff takes no position on this motion. Defendant's motion is GRANTED. The case is STAYED pending the restoration of appropriations, and the parties are ORDERED to file a Joint Status Report within 14 days of the restoration of appropriations. Defendant has not indicated whether the agency personnel responsible for processing Plaintiff's FOIA request have been deemed essential. To the extent that those agency personnel have been deemed essential, they should continue to process Plaintiff's FOIA request during the pendency of the lapse in appropriations so that, upon restoration of funding, the Joint Status Report may be submitted more promptly.Signed by Judge Colleen Kollar-Kotelly on 1/22/2019. (lcckk3) (Entered: 01/22/2019)
2019-02-1419Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 02/14/2019)
2019-02-15MINUTE ORDER. The Court is in receipt of the Parties' 19 Sixth Joint Status Report. The parties report that Defendant has made further rolling productions and that the parties will soon be conducting a telephonic meet and confer to discuss issues related to further production. The parties are ORDERED to file another Joint Status Report on FEBRUARY 28, 2019, advising the Court of the status of the case. Signed by Judge Colleen Kollar-Kotelly on 2-15-2019. (lcckk3) (Entered: 02/15/2019)
2019-02-15Set/Reset Deadlines: Joint Status Report due by 2/28/2019, advising the Court of the status of the case. (dot) (Entered: 02/19/2019)
2019-03-05MINUTE ORDER. On February 15, 2019, the Court ordered the parties to file a Joint Status Report by February 28, 2019 advising the Court on the status of this case. As of this date, the Court has not received the parties' Joint Status Report. The Court ORDERS the parties to file their Joint Status Report by no later than MARCH 11, 2019. Signed by Judge Colleen Kollar-Kotelly on 3/5/2019. (lcckk3) (Entered: 03/05/2019)
2019-03-05Set/Reset Deadlines: Joint Status Report due by 3/11/2019. (dot) (Entered: 03/05/2019)
2019-03-0520NOTICE OF WITHDRAWAL OF APPEARANCE as to DEPARTMENT OF HEALTH AND HUMAN SERVICES. Attorney Doris Denise Coles-Huff terminated. (Coles-Huff, Doris) (Entered: 03/05/2019)
2019-03-1121Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 03/11/2019)
2019-03-12MINUTE ORDER. The Court is in receipt of the parties' 21 Seventh Joint Status Report. Defendant reports that it has completed its review of records and has released to Plaintiff responsive records not otherwise exempt from release under FOIA. The parties are ORDERED to file a Joint Status Report by March 25, 2019 proposing a briefing schedule, if such briefing is determined to be necessary. Signed by Judge Colleen Kollar-Kotelly on 3/12/2019. (lcckk3) (Entered: 03/12/2019)
2019-03-12Set/Reset Deadlines: Joint Status Report due by 3/25/2019, proposing a briefing schedule, if such briefing is determined to be necessary. (dot) (Entered: 03/12/2019)
2019-03-2522Joint STATUS REPORT and Proposed Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Haynes, Fred) (Entered: 03/25/2019)
2019-03-26MINUTE ORDER. The Court is in receipt of the parties' 22 Eighth Joint Status Report. In keeping with the parties' proposed schedule, the Court ORDERS Defendant to file its Motion for Summary Judgment by JUNE 25, 2019; Plaintiff to file its Response to that Motion by JULY 25, 2019; and Defendant to file its Reply in support of its Motion by AUGUST 8, 2019. Signed by Judge Colleen Kollar-Kotelly on 3/26/2019. (lcckk3) (Entered: 03/26/2019)
2019-03-26Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 6/25/2019. Response to Motion for Summary Judgment due by 7/25/2019. Reply to Motion for Summary Judgment due by 8/8/2019. (dot) (Entered: 03/27/2019)
2019-06-2323Consent MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Haynes, Fred) (Entered: 06/23/2019)
2019-06-24MINUTE ORDER. The Court is in receipt of Defendant's 23 Consent Motion for an Extension of Time to File Defendant's Motion for Summary Judgment. Defendant's Motion is currently due June 25, 2019, but Defense counsel is retiring June 30, 2019 and must arrange for the transfer of cases to other attorneys. Additionally, as the result of miscommunication, agency counsel was not aware of the deadline for the Motion for Summary Judgment. As such, a brief extension is required. Defendant's Motion is GRANTED. Defendant is ORDERED to file its Motion for Summary Judgment by JULY 15, 2019; Plaintiff its Response by AUGUST 14, 2019; and Defendant its Reply by AUGUST 28, 2019. Signed by Judge Colleen Kollar-Kotelly on 6/24/2019. (lcckk3) (Entered: 06/24/2019)
2019-06-24Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 7/15/2019; Plaintiff's Response due by 8/14/2019; Defendant's Reply due by 8/28/2019. (kt) (Entered: 06/24/2019)
2019-06-2724NOTICE OF SUBSTITUTION OF COUNSEL by John Cuong Truong on behalf of All Defendants Substituting for attorney Fred Haynes (Truong, John) (Entered: 06/27/2019)
2019-07-0925Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 07/09/2019)
2019-07-09MINUTE ORDER. The Court is in receipt of Defendant's 25 Consent Motion for an Extension of Time to File Defendant's Motion for Summary Judgment. Defendant's Motion is currently due July 15, 2019. But, because the initial Defense counsel has retired, the new Defense counsel requires additional time to become familiar with the case and draft a motion. This is Defendant's second motion for an extension. Defendant's Motion is GRANTED. Defendant is ORDERED to file its Motion for Summary Judgment by SEPTEMBER 6, 2019; Plaintiff its Response by OCTOBER 4, 2019; and Defendant its Reply by OCTOBER 18, 2019. Signed by Judge Colleen Kollar-Kotelly on 7-9-2019. (lcckk3) (Entered: 07/09/2019)
2019-07-09Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 9/6/2019. Response to Motion for Summary Judgment due by 10/4/2019. Reply to Motion for Summary Judgment due by 10/18/2019. (dot) (Entered: 07/11/2019)
2019-07-1126Consent MOTION to Modify July 9, 2019 Scheduling Order by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 07/11/2019)
2019-07-11MINUTE ORDER. The Court is in receipt of Defendant's 26 Consent Motion to Modify the Scheduling Order in Part. Currently, Defendant's Motion for Summary Judgment is due September 6, 2019. Defendant asks that the Court modify the schedule so that the Motion is due September 13, 2019 as defense counsel will be out of the office from August 21, 2019 to September 9, 2019. Defendant reports that the remaining deadlines do not need to be changed. Defendant's Motion is GRANTED. Defendant's Motion for Summary Judgment is due SEPTEMBER 13, 2019. Signed by Judge Colleen Kollar-Kotelly on 7/11/2019. (lcckk3) (Entered: 07/11/2019)
2019-07-11Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 9/13/2019. (dot) (Entered: 07/12/2019)
2019-09-1227Consent MOTION to Modify Scheduling Orders issued on July 9 and July 11, 2019 by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 09/12/2019)
2019-09-13MINUTE ORDER. The Court is in receipt of Defendant's 27 Consent Motion to Modify the Court's Scheduling Orders. This is Defendant's second motion for an extension. Currently, Defendant's Motion for Summary Judgment is due September 13, 2019. Defendant asks that the Court modify the schedule so that the Motion is due September 30, 2019. Defense counsel was out of the office for a period of time and underestimated the time needed to work with the agency to develop an appropriate Vaughn index and declarations. Defendant's Motion is GRANTED. Defendant's Motion for Summary Judgment is due SEPTEMBER 30, 2019; Plaintiff's Opposition is due OCTOBER 18, 2019; and Defendant's Reply is due NOVEMBER 1, 2019. Signed by Judge Colleen Kollar-Kotelly on 9-13-2019. (lcckk3) (Entered: 09/13/2019)
2019-09-13Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 9/30/2019. Response to Motion for Summary Judgment due by 10/18/2019. Reply to Motion for Summary Judgment due by 11/1/2019. (dot) (Entered: 09/17/2019)
2019-09-3028MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 09/30/2019)
2019-10-01MINUTE ORDER. The Court is in receipt of Defendant's 28 Motion for Extension of Time to file Motion for Summary Judgment. This is Defendant's third motion for an extension. Defendant's Motion for Summary Judgment was due September 30, 2019. Defendant asks that the Court modify the schedule so that the Motion is due October 7, 2019. In working with agency counsel, Defense counsel discovered that it needed to rectify three document productions. Defense counsel is currently working with agency counsel to rectify the errors and to produce the documents as soon as possible. In addition, Defense counsel is working to narrow certain issues for summary judgment briefing. Defendant's Motion is GRANTED nunc pro tunc. Defendant's Motion for Summary Judgment is due OCTOBER 7, 2019. Signed by Judge Colleen Kollar-Kotelly on 10-1-2019. (lcckk3) (Entered: 10/01/2019)
2019-10-01Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 10/7/2019. (dot) (Entered: 10/01/2019)
2019-10-0429Joint MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 10/04/2019)
2019-10-07MINUTE ORDER. The Court is in receipt of the parties' 29 Motion for Extension of Time to file Motion for Summary Judgment. This is the fourth motion for an extension of the summary judgment briefing schedule. Defendant's Motion for Summary Judgment was due October 7, 2019. The parties request an extension because Defendant recently updated two of its document productions and made additional releases. Additionally, Defendant provided a Vaughn index further explaining its withholdings. As such, the parties are working to narrow certain issues for summary judgment briefing. The parties Motion is GRANTED. Defendant's Motion for Summary Judgment is due OCTOBER 21, 2019. Plaintiff's Opposition is due NOVEMBER 11, 2019; Defendant's Reply is due NOVEMBER 25, 2019. Signed by Judge Colleen Kollar-Kotelly on 10-7-2019. (lcckk3) (Entered: 10/07/2019)
2019-10-07Set/Reset Deadlines: Defendant's Motion for Summary Judgment is due 10/21/2019; Plaintiff's Opposition is due 11/11/2019; Defendant's Reply is due 11/25/2019. (kt) (Entered: 10/07/2019)
2019-10-2130Joint MOTION to Vacate Summary Judgment Motion Deadline by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 10/21/2019)
2019-10-2131Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Truong, John) (Entered: 10/21/2019)
2019-10-21MINUTE ORDER. The Court is in receipt of the parties' 31 Joint Status Report and 30 Joint Motion to Vacate Summary Judgment Motion Deadline. The parties report that additional discussions have led Plaintiff to withdraw its objection to certain withholdings under FOIA Exemption (b)(6). Additionally, Defense counsel has learned that Defendant has not completed its production of documents and has 241 pages of documents it needs to process and produce to Plaintiff. These documents contain information that belongs to Defendant and other entities. Defendant will complete processing and production by October 30, 2019. The parties propose that they file a Joint Status Report after production is complete, updating the Court on the status of the case. The parties' 31 Motion is GRANTED. The summary judgment briefing schedule is VACATED. The parties are further ordered to file a Joint Status Report by NOVEMBER 1, 2019, updating the Court on the status of this case. Signed by Judge Colleen Kollar-Kotelly on 10-21-2019. (lcckk3) (Entered: 10/21/2019)
2019-11-0132Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Truong, John) (Entered: 11/01/2019)
2019-11-04MINUTE ORDER. The Court is in receipt of the parties' 32 joint Status Report. The parties report that Defendant has completed processing the additional documents and has produced them to Plaintiff with redactions. Defendant is in the process of revising the Vaughn index to reflect the new information. The parties intend to confer in an attempt to narrow any issues for litigation. The parties are ORDERED to file a Joint Status Report by DECEMBER 2, 2019, updating the Court on the status of this case and, if necessary, proposing a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 11-4-2019. (lcckk3) (Entered: 11/04/2019)
2019-11-04Set/Reset Deadlines: Joint Status Report due by 12/2/2019, updating the Court on the status of this case and, if necessary, proposing a briefing schedule. (dot) (Entered: 11/04/2019)
2019-12-0233Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Truong, John) (Entered: 12/02/2019)
2019-12-02MINUTE ORDER. The Court is in receipt of the parties' 33 Joint Status Report and Proposed Scheduling Order. In keeping with the parties' proposed schedule, the Court ORDERS Defendant to file its Motion for Summary Judgment by JANUARY 6, 2020; Plaintiff to file its Opposition and/or Cross Motion for Summary Judgment by FEBRUARY 6, 2020; Defendant to file its Reply and/or Opposition to Cross Motion for Summary Judgment by MARCH 6, 2020; and Plaintiff to file its Reply by MARCH 14, 2020. Signed by Judge Colleen Kollar-Kotelly on 12-2-2019. (lcckk3) (Entered: 12/02/2019)
2019-12-02Set/Reset Deadlines: Plaintiffs' Cross Motion for Summary Judgment due by 2/6/2020. Response to Cross Motion due by 3/6/2020. Reply to Cross Motion due by 3/14/2020. Defendant's Summary Judgment Motion due by 1/6/2020. Response to Motion for Summary Judgment due by 2/6/2020. Reply to Motion for Summary Judgment due by 3/6/2020. (dot) (Entered: 12/03/2019)
2019-12-3034Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 12/30/2019)
2019-12-30MINUTE ORDER. The Court is in receipt of the parties' 34 Consent Motion for Extension of Time to File Motion for Summary Judgment. Currently, Defendant's Motion is due January 6, 2020. Defendant requests an extension because agency counsel and the declarant assigned to this FOIA case are currently out of the office. Defendant's Motion is GRANTED. Defendant's Motion for Summary Judgment is due JANUARY 10, 2020. Signed by Judge Colleen Kollar-Kotelly on 12-30-2019. (lcckk3) (Entered: 12/30/2019)
2019-12-30Set/Reset Deadlines: Defendant's Summary Judgment Motion due by 1/10/2020. (dot) (Entered: 12/31/2019)
2020-01-1035Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 01/10/2020)
2020-01-13MINUTE ORDER. The Court is in receipt of the parties' 35 Consent Motion for Extension of Time to File Motion for Summary Judgment. Currently, Defendant's Motion is due January 10, 2020. Defendant requests an extension because agency counsel did not provide the necessary FOIA declaration to defense counsel until the morning of December 10, 2020. Defense counsel requires additional time to review and edit the declaration. Defendant's Motion is GRANTED. Defendant's Motion for Summary Judgment is due JANUARY 15, 2020. Signed by Judge Colleen Kollar-Kotelly on 1-13-2020. (lcckk3) (Entered: 01/13/2020)
2020-01-1536Consent MOTION for Extension of Time to Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 01/15/2020)
2020-01-15MINUTE ORDER. The Court is in receipt of the parties' 36 Consent Motion for Extension of Time to File Motion for Summary Judgment. Currently, Defendant's Motion is due January 15, 2020. This is Defendant's third request for an extension. Defendant requests an extension because agency counsel did not provide the necessary FOIA declaration to defense counsel until the afternoon of January 15, 2020. Defense counsel requires additional time to review and edit the declaration. Defendant's Motion is GRANTED. Defendant's Motion for Summary Judgment is due JANUARY 16, 2020. Signed by Judge Colleen Kollar-Kotelly on 1-15-2020. (lcckk3) (Entered: 01/15/2020)
2020-01-1637MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Celeste Smith, # 4 Exhibit 1 (Vaughn Index), # 5 Exhibit 2-9)(Truong, John) (Entered: 01/16/2020)
2020-02-0638NOTICE of Concession by JAMES MADISON PROJECT, NOAH SHACHTMAN, SAM STEIN (Moss, Bradley) (Entered: 02/06/2020)
2020-02-0739ORDER granting 37 Motion for Summary Judgment as conceded and ordering Joint Status Report for February 17, 2020. Signed by Judge Colleen Kollar-Kotelly on 2-7-2020. (lcckk3) (Entered: 02/07/2020)
2020-02-07Set/Reset Deadlines: Joint Status Report due by 2/17/2020. (dot) (Entered: 02/07/2020)
2020-02-2040STATUS REPORT by JAMES MADISON PROJECT, NOAH SHACHTMAN, SAM STEIN. (Attachments: # 1 Text of Proposed Order)(Moss, Bradley) (Entered: 02/20/2020)
2020-02-20MINUTE ORDER. The Court is in receipt of the parties' 40 Joint Status Report and Proposed Scheduling Order. The parties state that Plaintiffs have submitted to Defendant a settlement offer to resolve any outstanding issues over attorneys' fees and costs. The agency requires additional time to review the offer. The Court ORDERS the parties to file another Joint Status Report by MARCH 20, 2020, indicating how they intend to proceed on the issue of attorneys' fees and costs. Signed by Judge Colleen Kollar-Kotelly on 2-20-2020. (lcckk3) (Entered: 02/20/2020)
2020-02-20Set/Reset Deadlines: Joint Status Report due by 3/20/2020, indicating how they intend to proceed on the issue of attorneys' fees and costs. (dot) (Entered: 02/21/2020)
2020-03-2041NOTICE of Settlement in Principle by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Truong, John) (Entered: 03/20/2020)
2020-03-3142STIPULATION of Dismissal with Prejudice by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Truong, John) (Entered: 03/31/2020)
2020-04-0143ORDER for dismissal. Signed by Judge Colleen Kollar-Kotelly on 4-1-2020. (lcckk3) (Entered: 04/01/2020)
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