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Case TitleAMERICAN OVERSIGHT v. CONSUMER FINANCIAL PROTECTION BUREAU et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03435
Date Filed2019-11-14
Date Closed2023-06-09
JudgeJudge Trevor N. McFadden
PlaintiffAMERICAN OVERSIGHT
Case DescriptionAmerican Oversight submitted FOIA requests to the Consumer Financial Protection Bureau, OMB, Department of Health and Human Services, the Centers for Medicare and Medicaid Services, Department of State, and the Department of Agriculture for records concerning calendar entries of political appointees. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCONSUMER FINANCIAL PROTECTION BUREAU
DefendantCONSUMER FINANCIAL PROTECTION BUREAU
TERMINATED: 08/05/2021
DefendantOFFICE OF MANAGEMENT AND BUDGET
DefendantOFFICE OF MANAGEMENT AND BUDGET
TERMINATED: 01/23/2023
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
TERMINATED: 05/24/2021
DefendantCENTERS FOR MEDICARE & MEDICAID SERVICES
DefendantCENTERS FOR MEDICARE & MEDICAID SERVICES
TERMINATED: 05/24/2021
DefendantU.S. DEPARTMENT OF STATE
DefendantDEPARTMENT OF AGRICULTURE
DefendantDEPARTMENT OF AGRICULTURE
TERMINATED: 12/08/2020
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-141COMPLAINT against CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE ( Filing fee $ 400 receipt number ADCDC-6563278) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to U.S. Att'y for D.C., # 3 Summons to U.S. Att'y Gen., # 4 Summons to CFPB, # 5 Summons to OMB, # 6 Summons to HHS, # 7 Summons to CMS, # 8 Summons to State, # 9 Summons to USDA)(Monahan, Christine) (Entered: 11/14/2019)
2019-11-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Monahan, Christine) (Entered: 11/14/2019)
2019-11-15Case Assigned to Judge Trevor N. McFadden. (zrdj) (Entered: 11/15/2019)
2019-11-153STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/15/2019. (lctnm2) (Entered: 11/15/2019)
2019-11-154SUMMONS (8) Issued Electronically as to CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 11/15/2019)
2019-12-115RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/18/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 12/18/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/25/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 11/20/2019; CONSUMER FINANCIAL PROTECTION BUREAU served on 11/22/2019; DEPARTMENT OF AGRICULTURE served on 11/25/2019; OFFICE OF MANAGEMENT AND BUDGET served on 11/29/2019; U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 11/22/2019; U.S. DEPARTMENT OF STATE served on 11/25/2019 (Attachments: # 1 Declaration Of Mariuxi A. Pintado)(Monahan, Christine) (Entered: 12/11/2019)
2019-12-166Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE (Truong, John) (Entered: 12/16/2019)
2019-12-16MINUTE ORDER granting Defendants' 6 Consent Motion for Extension of Time. Defendants shall respond to Plaintiff's 1 Complaint on or before January 22, 2020. Counsel are reminded that the Court's 3 Standing Order requires all requests for extension to be filed at least four business days prior to the affected deadline. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/16/2019. (lctnm2) (Entered: 12/16/2019)
2019-12-17Set/Reset Deadlines: Defendants' response to Plaintiff's Complaint due by 1/22/2020. (hmc) (Entered: 12/17/2019)
2020-01-217NOTICE of Appearance by Robert Aaron Caplen on behalf of CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE (Caplen, Robert) (Entered: 01/21/2020)
2020-01-218Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 01/21/2020)
2020-01-21MINUTE ORDER granting Defendants' 8 Unopposed Motion for Extension of Time to File Answer. Defendants shall respond to Plaintiff's 1 Complaint on or before February 20, 2020. It is further ORDERED that, on or before March 13, 2020, the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/21/2020. (lctnm2) (Entered: 01/21/2020)
2020-01-22Set/Reset Deadlines: Defendants' response to the Complaint due by 2/20/2020. Joint Status Report due by 3/13/2020. (hmc) (Entered: 01/22/2020)
2020-02-209ANSWER to Complaint by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE.(Caplen, Robert) (Entered: 02/20/2020)
2020-03-1310Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 03/13/2020)
2020-03-16MINUTE ORDER. Upon consideration of the 10 Joint Status Report, the parties are hereby ORDERED to file their next Joint Status Report on or before April 3, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/16/2020. (lctnm2) (Entered: 03/16/2020)
2020-03-17Set/Reset Deadlines: Joint Status Report due by 4/3/2020. (hmc) (Entered: 03/17/2020)
2020-04-0311Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 04/03/2020)
2020-04-03MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before June 2, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/3/2020. (lctnm2) (Entered: 04/03/2020)
2020-04-03Set/Reset Deadlines: Joint Status Report due by 6/2/2020. (hmc) (Entered: 04/03/2020)
2020-06-0212Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 06/02/2020)
2020-06-03MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before August 3, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/3/2020. (lctnm2) (Entered: 06/03/2020)
2020-06-03Set/Reset Deadlines: Joint Status Report due by 8/3/2020. (hmc) (Entered: 06/03/2020)
2020-08-0313Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 08/03/2020)
2020-08-10MINUTE ORDER. Upon consideration of the 13 Joint Status Report, it is hereby ORDERED that the parties shall file their next Joint Status Report on or before October 6, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/10/2020. (lctnm2) (Entered: 08/10/2020)
2020-08-10Set/Reset Deadlines: Joint Status Report due by 10/6/2020. (hmc) (Entered: 08/10/2020)
2020-10-0614Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 10/06/2020)
2020-10-13Set/Reset Deadlines/Hearings: Joint Status Report due by 12/7/2020. Telephonic Status Conference set for 12/16/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 10/13/2020)
2020-12-0715Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, DEPARTMENT OF AGRICULTURE, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 12/07/2020)
2020-12-0716STIPULATION of Dismissal Relating to U.S. Department of Agriculture by DEPARTMENT OF AGRICULTURE. (Truong, John) (Entered: 12/07/2020)
2020-12-08MINUTE ORDER. Upon consideration of the 15 Joint Status Report, the status conference previously scheduled for December 16, 2020 is VACATED. It is hereby ORDERED that the parties shall file their next Joint Status Report on or before February 5, 2021. It is further ordered that the parties shall appear for a telephonic status conference on February 12, 2021 at 10:00 a.m., before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/8/2020. (lctnm2) (Entered: 12/08/2020)
2020-12-08MINUTE ORDER. Pursuant to the parties' 16 Stipulation of Dismissal, Defendant U.S. Department of Agriculture is hereby DISMISSED without prejudice from the case. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (stating that "the plaintiff may dismiss an action without court order by filing... a stipulation of dismissal signed by all parties who have appeared"). SO ORDERED. Signed by Judge Trevor N. McFadden on 12/8/2020. (lctnm2) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines/Hearings: Joint Status Report due by 2/5/2021. Telephonic Status Conference set for 2/12/2021 at 10:00 AM before Judge Trevor N. McFadden. (hmc) (Entered: 12/08/2020)
2021-02-0517Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 02/05/2021)
2021-02-08MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, the status conference previously scheduled for February 12, 2021 is VACATED. The parties shall file a further joint status report on April 6, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/8/2021. (lctnm2) (Entered: 02/08/2021)
2021-02-08Set/Reset Deadlines: Joint Status Report due by 4/6/2021. (hmc) (Entered: 02/08/2021)
2021-04-0618Joint STATUS REPORT by CENTERS FOR MEDICARE & MEDICAID SERVICES, CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 04/06/2021)
2021-04-07MINUTE ORDER. Upon consideration of the 18 Joint Status Report, the parties are hereby ORDERED to file their next Joint Status Report on or before June 7, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/7/2021. (lctnm2) (Entered: 04/07/2021)
2021-04-08Set/Reset Deadlines: Joint Status Report due by 6/7/2021. (hmc) (Entered: 04/08/2021)
2021-05-2119STIPULATION of Dismissal Relating to Centers for Medicare & Medicaid Services (Without Prejudice) by AMERICAN OVERSIGHT. (Monahan, Christine) (Entered: 05/21/2021)
2021-05-2120STIPULATION of Dismissal Relating to U.S. Department of Health and Human Services (Without Prejudice) by AMERICAN OVERSIGHT. (Monahan, Christine) (Entered: 05/21/2021)
2021-05-24MINUTE ORDER. Pursuant to the parties' 19 and 20 Stipulations of Dismissal, Defendant Centers for Medicare & Medicaid Services and Defendant U.S. Department of Health and Human Services are hereby DISMISSED without prejudice from the case, with each party to bear its own costs and fees. See Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. Signed by Judge Trevor N. McFadden on 5/24/2021. (lctnm2) (Entered: 05/24/2021)
2021-06-0421NOTICE of Appearance by Hart W. Wood on behalf of AMERICAN OVERSIGHT (Wood, Hart) (Entered: 06/04/2021)
2021-06-0422NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/04/2021)
2021-06-0723Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 06/07/2021)
2021-06-07MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, the parties shall submit the next Joint Status Report on August 4, 2021. It is further ordered that the parties shall appear for a telephonic status conference on August 9, 2021 at 3:00 p.m., before Judge Trevor N. McFadden. Dial-in information will be emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/7/2021. (lctnm2) (Entered: 06/07/2021)
2021-06-08Set/Reset Deadlines/Hearings: Joint Status Report due by 8/4/2021; Telephone Conference scheduled for 8/9/2021 at 3:00 PM before Judge Trevor N. McFadden. (ztg) (Entered: 06/08/2021)
2021-08-0324NOTICE of Appearance by Taylor Stoneman on behalf of AMERICAN OVERSIGHT (Stoneman, Taylor) (Main Document 24 replaced on 8/4/2021) (zeg). (Entered: 08/03/2021)
2021-08-0425Joint STATUS REPORT by CONSUMER FINANCIAL PROTECTION BUREAU, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 08/04/2021)
2021-08-0426STIPULATION of Dismissal as to Consumer Financial Protection Bureau by CONSUMER FINANCIAL PROTECTION BUREAU. (Truong, John) (Entered: 08/04/2021)
2021-08-05MINUTE ORDER. In accordance with the parties' 25 Stipulation of Dismissal, Defendant Consumer Financial Protection Bureau is hereby DISMISSED without prejudice from the case. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (permitting dismissal by stipulation of a party or case). SO ORDERED. Signed by Judge Trevor N. McFadden on 8/5/2021. (lctnm1) (Entered: 08/05/2021)
2021-08-05MINUTE ORDER. Upon consideration of the 24 Joint Status Report, the Telephonic Status Conference set for August 9, 2021, at 3:00 p.m. will proceed as scheduled. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/5/2021. (lctnm1) (Entered: 08/05/2021)
2021-08-09Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 8/9/2021. Joint Status Report due in 60 days. (Court Reporter: Lisa Bankins.) (hmc) (Entered: 08/09/2021)
2021-10-0827Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 10/08/2021)
2021-10-08MINUTE ORDER. Upon consideration of the parties' 27 Joint Status Report, the Court directs the parties to file another Joint Status Report on December 7, 2021 and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/8/21. (lctnm2) (Entered: 10/08/2021)
2021-10-08Set/Reset Deadlines: Joint Status Report due by 12/7/2021 and every 60 days thereafter. (ztg) (Entered: 10/08/2021)
2021-12-0728Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 12/07/2021)
2022-02-0729Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 02/07/2022)
2022-04-0730Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 04/07/2022)
2022-06-0731Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 06/07/2022)
2022-06-08MINUTE ORDER. The Court has previously ordered Joint Status Reports every 60 days in this case. Under that schedule, the next JSR is due by August 8, 2022, and every 60 days thereafter. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/8/22. (lctnm2) (Entered: 06/08/2022)
2022-06-08Set/Reset Deadlines: Joint Status Report due by 8/8/2022, and every 60 days thereafter. (hmc) (Entered: 06/08/2022)
2022-08-0832Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 08/08/2022)
2022-10-0733Joint STATUS REPORT by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 10/07/2022)
2022-12-0834Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 12/08/2022)
2023-01-1935STIPULATION of Dismissal Relating to Defendant Office of Management and Budget by OFFICE OF MANAGEMENT AND BUDGET. (Truong, John) (Entered: 01/19/2023)
2023-01-23MINUTE ORDER: In accordance with the parties' 35 Stipulation of Dismissal, Defendant Office of Management and Budget is hereby DISMISSED without prejudice from the case. See Fed. R. Civ. P. 41(a)(1)(A)(ii). SO ORDERED. Signed by Judge Trevor N. McFadden on 1/23/2023. (lctnm2) (Entered: 01/23/2023)
2023-02-0836Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 02/08/2023)
2023-04-0737Joint STATUS REPORT by U.S. DEPARTMENT OF STATE. (Truong, John) (Entered: 04/07/2023)
2023-06-0838STIPULATION of Dismissal by AMERICAN OVERSIGHT. (Stoneman, Taylor) (Entered: 06/08/2023)
2023-06-08MINUTE ORDER: After considering the 38 Stipulation of Dismissal, this case is hereby DISMISSED without prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/8/2023. (lctnm2) (Entered: 06/08/2023)
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