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Case TitleGOVERNMENT ACCOUNTABILITY PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02064
Date Filed2019-07-11
Date Closed2023-09-11
JudgeJudge Randolph D. Moss
PlaintiffGOVERNMENT ACCOUNTABILITY PROJECT
Case DescriptionThe Government Accountability Project submitted two FOIA requests to the Department of Health and Human Services for records concerning communications containing specific keywords. The agency acknowledged receipt of the requests and told GAP that it was processing the requests. After hearing nothing further from the agency, GAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 Independence Avenue, S.W.
Washington, DC 20201
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-111COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6248542), CIVIL COVER SHEET by GOVERNMENT ACCOUNTABILITY PROJECT, REQUEST FOR SUMMONS TO ISSUE filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Civil Cover Sheet)(Gray, Karen) (Entered: 07/11/2019)
2019-07-112REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, Cover Sheet,, Request for Summons to Issue, filed by GOVERNMENT ACCOUNTABILITY PROJECT. Related document: 1 Complaint,, Cover Sheet,, Request for Summons to Issue, filed by GOVERNMENT ACCOUNTABILITY PROJECT.(Gray, Karen) (Entered: 07/11/2019)
2019-07-123NOTICE of Attachments to Complaint by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gray, Karen) (Entered: 07/12/2019)
2019-07-12Case Assigned to Judge Randolph D. Moss. (zeg) (Entered: 07/12/2019)
2019-07-124SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachment: # 1 Notice and Consent)(zeg) (Entered: 07/12/2019)
2019-07-125STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/12/2019. (lcrdm2, ) (Entered: 07/12/2019)
2019-10-176MOTION for Extension of Time to Serve US Government by GOVERNMENT ACCOUNTABILITY PROJECT (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B)(Gray, Karen) (Entered: 10/17/2019)
2019-10-187REQUEST FOR SUMMONS TO ISSUE re 1 Complaint,, Cover Sheet,, Request for Summons to Issue, filed by GOVERNMENT ACCOUNTABILITY PROJECT. Related document: 1 Complaint,, Cover Sheet,, Request for Summons to Issue, filed by GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Summons)(Gray, Karen) (Entered: 10/18/2019)
2019-10-18MINUTE ORDER: Upon consideration of Plaintiff's motion for extension of time to serve, Dkt. 6 , it is hereby ORDERED that the motion is GRANTED. Plaintiff shall serve Defendant on or before November 6, 2019. Signed by Judge Randolph D. Moss on 10/18/2019. (lcrdm2, ) (Entered: 10/18/2019)
2019-10-18Set/Reset Deadlines: Time to effectuate service upon party due by 11/6/2019. (dot) (Entered: 10/21/2019)
2019-10-228SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (ztd) (Entered: 10/22/2019)
2019-10-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/22/2019. (Gray, Karen) (Entered: 10/24/2019)
2019-10-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/22/2019. Answer due for ALL FEDERAL DEFENDANTS by 11/21/2019. (Gray, Karen) (Entered: 10/24/2019)
2019-10-3011NOTICE of Appearance by Katherine Boyd Palmer-Ball on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Palmer-Ball, Katherine) (Entered: 10/30/2019)
2019-11-2112ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Palmer-Ball, Katherine) (Entered: 11/21/2019)
2019-11-26MINUTE ORDER: The parties are hereby ORDERED to appear for an Initial Scheduling Conference on January 6, 2020, at 2:00 p.m. in Courtroom 21. It is further ORDERED that the parties shall confer in advance of the Initial Scheduling Conference on (1) whether any records can be released, and (2) the proper next steps in this litigation. Signed by Judge Randolph D. Moss on 11/26/2019. (lcrdm2, ) (Entered: 11/26/2019)
2020-01-06Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 1/6/2020. The parties shall continue to confer. Joint Status Report due by 3/5/2020. (Court Reporter: Jeff Hook.) (kt) Modified on 1/6/2020 to correct grammar typo (kt). (Entered: 01/06/2020)
2020-01-23MINUTE ORDER: The parties are hereby ORDERED to comply with the terms of the Court's revised standing order, which is available on the Court's website. Click for details. Signed by Judge Randolph D. Moss on 01/23/2020. (lcrdm2, ) (Entered: 01/23/2020)
2020-03-0513Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 03/05/2020)
2020-03-06MINUTE ORDER: In light of the parties' joint status report, Dkt. 13, it is hereby ORDERED that the parties shall file a further joint status report on or before May 5, 2020, updating the Court as to the status of the matter and proposing next steps for this litigation. Signed by Judge Randolph D. Moss on 03/06/2020. (lcrdm2, ) (Entered: 03/06/2020)
2020-05-0514Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 05/05/2020)
2020-05-05MINUTE ORDER: In light of the parties' joint status report, Dkt. 14, it is hereby ORDERED that the parties shall file a further joint status report on or before July 6, 2020, updating the Court as to the status of Plaintiff's FOIA requests and proposing next steps for this litigation. Signed by Judge Randolph D. Moss on 05/05/2020. (lcrdm2, ) (Entered: 05/05/2020)
2020-07-0615Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Palmer-Ball, Katherine) (Entered: 07/06/2020)
2020-07-07MINUTE ORDER: In light of the parties' joint status report, Dkt. 15, it is hereby ORDERED that the parties shall file a further joint status report on or before September 4, 2020, updating the Court as to the status of Plaintiff's FOIA requests and proposing next steps for this litigation. Signed by Judge Randolph D. Moss on 07/07/2020. (lcrdm2, ) (Entered: 07/07/2020)
2020-08-2116NOTICE OF SUBSTITUTION OF COUNSEL by Kathleene A. Molen on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Katherine B. Palmer-Ball (Molen, Kathleene) (Entered: 08/21/2020)
2020-09-0417Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 09/04/2020)
2020-09-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 17 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 4, 2020. Signed by Judge Randolph D. Moss on 9/4/2020. (lcrdm2) (Entered: 09/04/2020)
2020-11-0418Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 11/04/2020)
2020-11-04MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 18 , it is hereby ORDERED that the parties shall file a further joint status report on or before January 4, 2021. Signed by Judge Randolph D. Moss on 11/4/2020. (lcrdm2) (Entered: 11/04/2020)
2021-01-0419Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 01/04/2021)
2021-01-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 19 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 4, 2021. Signed by Judge Randolph D. Moss on 1/5/2021. (lcrdm2) (Entered: 01/05/2021)
2021-03-0420Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 03/04/2021)
2021-03-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 20 , it is hereby ORDERED that that the parties shall file a further joint status report on or before May 4, 2021. Signed by Judge Randolph D. Moss on 3/5/2021. (lcrdm2) (Entered: 03/05/2021)
2021-05-0421Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 05/04/2021)
2021-05-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 21 , it is hereby ORDERED that the parties shall file a further joint status report on or before July 2, 2021. Signed by Judge Randolph D. Moss on 5/5/2021. (lcrdm2) (Entered: 05/05/2021)
2021-07-0222Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 07/02/2021)
2021-07-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 22 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 31, 2021. Signed by Judge Randolph D. Moss on 7/2/2021. (lcrdm2) (Entered: 07/02/2021)
2021-08-3123Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 08/31/2021)
2021-09-01MINUTE ORDER: In light of the parties' joint status report, Dkt. 23 , it is hereby ORDERED that the parties shall file a further status report on or before September 30, 2021. Signed by Judge Randolph D. Moss on 09/01/2021. (lcrdm2) (Entered: 09/01/2021)
2021-09-3024Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 09/30/2021)
2021-10-05MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 24 , it is hereby ORDERED that the parties shall file a further joint status report on or before October 29, 2021. Signed by Judge Randolph D. Moss on 10/05/2021. (lcrdm2) (Entered: 10/05/2021)
2021-10-2925Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 10/29/2021)
2021-11-02MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 25 , it is hereby ORDERED that the parties shall file a further joint status report on or before December 3, 2021. Signed by Judge Randolph D. Moss on 11/2/2021. (lcrdm2) (Entered: 11/02/2021)
2021-11-0426NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Kathleene Molen (Tepe, Sean) (Entered: 11/04/2021)
2021-12-0327Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 12/03/2021)
2021-12-06MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 27 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 1, 2022. Signed by Judge Randolph D. Moss on 12/6/2021. (lcrdm2) (Entered: 12/06/2021)
2022-02-0128Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 02/01/2022)
2022-02-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 28 , it is hereby ORDERED that the parties shall file a further joint status report on or before April 4, 2022. Signed by Judge Randolph D. Moss on 2/7/2022. (lcrdm2) (Entered: 02/07/2022)
2022-04-0429Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 04/04/2022)
2022-04-07MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 29 , it is hereby ORDERED that the parties shall file a further joint status report on or before June 3, 2022. Signed by Judge Randolph D. Moss on 4/7/2022. (lcrdm2) (Entered: 04/07/2022)
2022-06-0330Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 06/03/2022)
2022-06-15MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 30 , it is hereby ORDERED that the parties shall file a further joint status report on or before September 1, 2022. Signed by Judge Randolph D. Moss on 6/15/2022. (lcrdm2) (Entered: 06/15/2022)
2022-09-0131Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 09/01/2022)
2022-09-06MINUTE ORDER: Upon consideration of the parties' Joint Status Report, Dkt. 31 , it is hereby ORDERED that the parties shall file a further joint status report on or before November 30, 2022. Signed by Judge Randolph D. Moss on 09/06/2022. (lcrdm2) (Entered: 09/06/2022)
2022-11-3032Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 11/30/2022)
2022-11-30MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 32 , it is hereby ORDERED that the parties shall file a further joint status report on or before February 28, 2023. Signed by Judge Randolph D. Moss on 11/30/2022. (lcrdm2) (Entered: 11/30/2022)
2023-02-2733Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 02/27/2023)
2023-02-28MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 33 , it is hereby ORDERED that the parties shall file a further joint status report on or before May 30, 2023. Signed by Judge Randolph D. Moss on 2/28/2023. (lcrdm2) (Entered: 02/28/2023)
2023-05-3034Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 05/30/2023)
2023-06-01MINUTE ORDER: Upon consideration of the Joint Status Report, Dkt. 34 , it is hereby ORDERED that the parties shall file a further joint status report on or before August 28, 2023. Signed by Judge Randolph D. Moss on 6/1/2023. (lcrdm2) (Entered: 06/01/2023)
2023-08-2835Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 08/28/2023)
2023-08-29MINUTE ORDER: Upon consideration of parties' August 28, 2023, Joint Status Report 35 , it is ORDERED that the next joint status report will be due on or before September 11, 2023. Signed by Judge Randolph D. Moss on 8/29/23. (lcrdm2) (Entered: 08/29/2023)
2023-09-1136STIPULATION of Dismissal by GOVERNMENT ACCOUNTABILITY PROJECT. (Kolar, John) (Entered: 09/11/2023)
2023-09-11MINUTE ORDER: In light of the parties' Stipulation of Dismissal 36 , the Court ORDERS that the case is hereby DISMISSED without prejudice and with each party to bear its own attorney's fees and costs. The Clerk of Court is directed to terminate this case. Signed by Judge Randolph D. Moss on 9/11/23. (lcrdm2) (Entered: 09/11/2023)
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