| Date Filed | Doc # | Docket Text |
|
| 2020-04-20 | 1 | COMPLAINT against Department of Health & Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19508166)Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/20/2020) |
| 2020-04-20 | 2 | CIVIL COVER SHEET filed..(Berlin, Seth) (Entered: 04/20/2020) |
| 2020-04-20 | 3 | STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-3063. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/20/2020) |
| 2020-04-20 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation, Other Affiliate News Preferred Holdings, Inc., Other Affiliate Ruby Newco, LLC for Dow Jones & Company, Inc.. Document filed by Dow Jones & Company, Inc...(Berlin, Seth) (Entered: 04/20/2020) |
| 2020-04-21 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) (Entered: 04/21/2020) |
| 2020-04-21 | | Case Designated ECF. (pne) (Entered: 04/21/2020) |
| 2020-04-21 | | CASE REFERRED TO Judge Vernon S. Broderick as possibly related to 20CV3063. (pne) (Entered: 04/21/2020) |
| 2020-04-21 | 5 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Dept. of Health & Human Servs., re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/22/2020 (pc). (Entered: 04/21/2020) |
| 2020-04-21 | 6 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Dept. of Justice, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/22/2020 (pc). (Entered: 04/21/2020) |
| 2020-04-21 | 7 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney's Office, S.D.N.Y., re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/22/2020 (pc). (Entered: 04/21/2020) |
| 2020-04-22 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seth D. Berlin to RE-FILE Document No. 5 Request for Issuance of Summons, 7 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party name must exactly match what is listed on the complaint caption title. Only parties listed on the complaint caption title can be issued a summons. Include c/o after the party's name if you wish to serve at multiple addresses;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 04/22/2020) |
| 2020-04-22 | 8 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/23/2020 (jgo). (Entered: 04/22/2020) |
| 2020-04-22 | 9 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, c/o U.S. Department of Justice, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/23/2020 (jgo). (Entered: 04/22/2020) |
| 2020-04-22 | 10 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, c/o U.S. Attorney's Office, S.D.N.Y., re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) Modified on 4/23/2020 (jgo). (Entered: 04/22/2020) |
| 2020-04-23 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Seth D. Berlin to RE-FILE Document No. 8 Request for Issuance of Summons, 9 Request for Issuance of Summons, 10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF case caption and the PDF 'To' section must match exactly as it appears on the pleading caption (Department of Health & Human Services). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 04/23/2020) |
| 2020-04-23 | 11 | REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/23/2020) |
| 2020-04-23 | 12 | REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/23/2020) |
| 2020-04-23 | 13 | REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health & Human Services, re: 1 Complaint. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 04/23/2020) |
| 2020-04-24 | 14 | ELECTRONIC SUMMONS ISSUED as to Department of Health & Human Services..(jgo) (Entered: 04/24/2020) |
| 2020-04-24 | 15 | ELECTRONIC SUMMONS ISSUED as to Department of Health & Human Services..(jgo) (Entered: 04/24/2020) |
| 2020-04-24 | 16 | ELECTRONIC SUMMONS ISSUED as to Department of Health & Human Services..(jgo) (Entered: 04/24/2020) |
| 2020-05-19 | 17 | AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020) |
| 2020-05-19 | 18 | AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020) |
| 2020-05-19 | 19 | AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020) |
| 2020-05-19 | 20 | LETTER MOTION to Consolidate Cases 1:20-cv-3145 and 1:20-cv-3063 addressed to Judge Vernon S. Broderick from Seth D. Berlin dated 05/19/2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver..(Berlin, Seth) (Entered: 05/19/2020) |
| 2020-05-22 | | Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (ad) (Entered: 05/22/2020) |
| 2020-05-22 | | CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03063-VSB. Notice of Assignment to follow. (ad) (Entered: 05/22/2020) |
| 2020-05-22 | | NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (ad) (Entered: 05/22/2020) |
| 2020-06-11 | 21 | ANSWER to 1 Complaint. Document filed by Department of Health & Human Services..(Simon, Jennifer) (Entered: 06/11/2020) |
| 2020-06-29 | 22 | ORDER: In accordance with the provisions of 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge is available to conduct all proceedings in this case, including but not limited to any decisions on motions, any jury or nonjury trial, and/or the entry of a final judgment. An appeal from a judgment entered by a Magistrate Judge, if any, is taken directly to the United States Court of Appeals in the same manner as an appeal from any other judgment of this district court. It is the practice of the United States Magistrate Judges of this Court, including the undersigned, that cases that go to trial are given a firm trial date (rather than being placed on a "ready trial" list requiring the parties to be ready to try the case on short notice). Exercise of jurisdiction by a Magistrate Judge is permitted only if all parties voluntarilyconsent. To determine whether the parties wish to voluntarily consent, defense counsel is directed to send to counsel for plaintiff on or before July 1, 2020, a copy of the attached consent form bearing either (1) a signature indicating consent to the Magistrate Judge conducting all proceedings in this matter or (2) a notation that the defendant does not consent. On or before July 6, 2020, plaintiff's counsel is directed to file a letter on ECF either stating that both sides have not consented or attaching the signed consent form. If any party has not consented, counsel for the plaintiff shall not inform the clerk which of the parties have not consented but shall merely state that there has not been consent by all parties. This Order is not intended to interfere with the parties' right to have a trial and/or any other dispositive proceedings before a United States District Judge. The parties are free to withhold their consent without adverse substantive consequences, although this will prevent the Court's jurisdiction from being exercised by a United States Magistrate Judge. If any party withholds consent, the identity of the parties consenting or withholding consent shall not be communicated to any Magistrate Judge or District Judge to whom the case has been assigned. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/26/2020) (ama) (Entered: 06/29/2020) |
| 2020-06-29 | 23 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth D. Berlin dated 06/29/2020 re: Order of June 29, 2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver. (Attachments: # 1 Exhibit Consent to Proceed Before Magistrate).(Berlin, Seth) (Entered: 06/29/2020) |
| 2020-06-29 | 24 | NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Department of Health & Human Services, Dow Jones & Company, Inc., Christopher Weaver. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. IT IS ORDERED. (Signed by Judge Vernon S. Broderick on 6/29/2020) (ama) (Entered: 06/29/2020) |
| 2020-06-30 | | CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-03063-GWG.. (jwh) (Entered: 06/30/2020) |
| 2020-06-30 | 25 | ORDER: At the parties' request, the above actions are consolidated for all purposes pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure. Any future filings shall be made only in Docket 20 Civ. 3063 and shall be deemed to be filed in both cases. The parties are directed to confer and, by July 17, 2020, either file a plan pursuant to Fed. R. Civ. P. 26(f) or file a letter containing a proposal (or separate proposals) for the disposition of these two cases. If the parties seek a conference with the Court, they may so state in their filing. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/30/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (jwh) (Entered: 06/30/2020) |
| 2020-07-08 | 26 | JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth D. Berlin dated 07/08/2020 re: Response to Order of June 30, 2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver.Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Berlin, Seth) (Entered: 07/08/2020) |
| 2020-07-09 | 27 | MEMO ENDORSEMENT: on re: (14 in 1:20-cv-03063-GWG, 26 in 1:20-cv-03145-GWG) Letter, filed by Dow Jones & Company, Inc., Christopher Weaver. ENDORSEMENT: The above schedule is approved. SO ORDERED., ( Cross Motions due by 9/14/2020., Motions due by 8/14/2020., Responses due by 10/12/2020, Replies due by 11/2/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (ama) (Entered: 07/09/2020) |
| 2020-08-05 | 28 | ORDER: granting (17) Motion for Matthew Edward Kelley to Appear Pro Hac Vice in case 1:20-cv-03063-GWG. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (ama) (Entered: 08/05/2020) |
| 2020-10-12 | 29 | REPLY MEMORANDUM OF LAW in Support re: (19 in 1:20-cv-03063-GWG) MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Summary Judgment . Document filed by Department of Health and Human Services, Department of Health & Human Services. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) (Entered: 10/12/2020) |
| 2021-01-22 | 30 | LETTER MOTION to Stay re: (31 in 1:20-cv-03063-GWG) Memorandum & Opinion,, addressed to Magistrate Judge Gabriel W. Gorenstein from Jennifer C. Simon dated January 21, 2021. Document filed by Department of Health and Human Services.Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) (Entered: 01/22/2021) |
| 2021-01-27 | 31 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David E. McCraw dated 01/27/2021 re: Extension to Move for Attorneys' Fees. Document filed by Dow Jones & Company, Inc., The New York Times Company, Christopher Weaver.Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(McCraw, David) (Entered: 01/27/2021) |
| 2021-01-27 | 32 | MEMO ENDORSEMENT on re: (36 in 1:20-cv-03063-GWG, 31 in 1:20-cv-03145-GWG) Letter. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (jwh) (Entered: 01/27/2021) |
| 2021-02-03 | 33 | FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Department of Health and Human Services. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) Modified on 2/3/2021 (tp). (Entered: 02/03/2021) |
| 2021-02-03 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Simon, Jennifer to RE-FILE Document No. (33 in 1:20-cv-03145-GWG) Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG(tp) (Entered: 02/03/2021) |
| 2021-02-03 | 34 | FILING ERROR - NO ORDER SELECTED FOR APPEAL - CORRECTED NOTICE OF APPEAL re: (33 in 1:20-cv-03145-GWG, 38 in 1:20-cv-03063-GWG) Notice of Appeal, (33 in 1:20-cv-03063-GWG) Clerk's Judgment. Document filed by Department of Health and Human Services. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) Modified on 2/3/2021 (tp). (Entered: 02/03/2021) |
| 2021-02-03 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Simon, Jennifer to RE-FILE Document No. (34 in 1:20-cv-03145-GWG) Corrected Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected in member case. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - do not spread text. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG(tp) (Entered: 02/03/2021) |
| 2022-02-04 | 35 | NOTICE OF APPEARANCE by Zachary Bannon on behalf of Department of Health & Human Services..(Bannon, Zachary) (Entered: 02/04/2022) |
| 2022-02-04 | 36 | PROPOSED STIPULATION AND ORDER. Document filed by Department of Health & Human Services..(Bannon, Zachary) (Entered: 02/04/2022) |
| 2022-02-04 | 37 | STIPULATION OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: The documents produced by HHS in this action fully resolve any and all claims by Plaintiffs against HHS or the United States of America (the "United States"), or any department, agency, officer, or employee of HHS and/or the United States, arising out of the FOIA request at issue in this action. After the Court has approved and docketed this Stipulation and Order, Counsel for Plaintiffs will provide the necessary information for HHS to effectuate payment. Within a reasonable period of time after Plaintiffs' provision of necessary information to effectuate payment, HHS shall pay to Plaintiffs via electronic funds transfer the sum of ONE-HUNDRED FIFTY-SIX THOUSAND DOLLARS ($156,000) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept in complete satisfaction of any and all claims by Plaintiffs for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. HHS will undertake its best efforts to pay the amount agreed to within sixty (60) days after the Court has approved and docket this Stipulation and Order and Plaintiffs has provided the necessary information to effectuate payment. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/04/2022) (ama) (Entered: 02/04/2022) |
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