| Date Filed | Doc # | Docket Text |
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| 2021-07-08 | 1 | COMPLAINT against DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8585428) filed by GENEVIEVE P. KANTER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Stotter, Daniel) (Entered: 07/08/2021) |
| 2021-07-08 | | Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 07/08/2021) |
| 2021-07-09 | 2 | SUMMONS (1) Issued Electronically as to DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 07/09/2021) |
| 2021-07-12 | 3 | STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 12, 2021. (lcbah1) (Entered: 07/12/2021) |
| 2021-08-16 | 4 | NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 08/16/2021) |
| 2021-08-16 | 5 | ANSWER to Complaint by DEPARTMENT OF HEALTH & HUMAN SERVICES.(Jones, Sian) (Entered: 08/16/2021) |
| 2021-08-30 | 6 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 08/30/2021) |
| 2021-08-31 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 6 Joint Status Report, that the parties file, by September 30, 2021, a joint status report detailing a proposed schedule for the production of responsive records and a proposed schedule for the filing of dispositive motions. Signed by Chief Judge Beryl A. Howell on August 31, 2021. (lcbah1) (Entered: 08/31/2021) |
| 2021-08-31 | | Set/Reset Deadlines: Joint Status Report due by 9/30/2021. (hmc) (Entered: 08/31/2021) |
| 2021-09-30 | 7 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 09/30/2021) |
| 2021-09-30 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 7 Joint Status Report, that the parties file, by November 1, 2021, a joint status report detailing a proposed schedule for the production of responsive records. Signed by Chief Judge Beryl A. Howell on September 30, 2021. (lcbah1) (Entered: 09/30/2021) |
| 2021-10-01 | | Set/Reset Deadlines: Joint Status Report due by 11/1/2021. (ztg) (Entered: 10/01/2021) |
| 2021-11-01 | 8 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 11/01/2021) |
| 2021-11-01 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 8 Joint Status Report, the parties to submit a joint status report by December 2, 2021. Signed by Chief Judge Beryl A. Howell on November 1, 2021. (lcbah1) (Entered: 11/01/2021) |
| 2021-11-02 | | Set/Reset Deadlines: Joint Status Report due by 12/2/2021. (ztg) (Entered: 11/02/2021) |
| 2021-12-02 | 9 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 12/02/2021) |
| 2021-12-06 | | MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 9 Joint Status Report, the parties to file, by February 4, 2022, and every sixty days thereafter, a joint status report addressing (1) the progress of the production of responsive records, and (2) proposing a schedule to govern further proceedings; and DENYING the parties' request for a teleconference since disputes as to the appropriateness of withholdings of responsive records, in whole or in part, as exempt, see parties' 8 Joint Status Report at 2, will be resolved after consideration of summary judgment briefing. Signed by Chief Judge Beryl A. Howell on December 6, 2021. (lcbah1) (Entered: 12/06/2021) |
| 2021-12-07 | | Set/Reset Deadlines: Joint Status Report due by 2/4/2022, and every sixty days thereafter. (ztg) (Entered: 12/07/2021) |
| 2022-02-04 | 10 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 02/04/2022) |
| 2022-02-04 | | MINUTE ORDER (paperless) DENYING, upon consideration of the parties' 10 Joint Status Report ("JSR"), plaintiff's request for partial summary judgment briefing on three issues related to the scope and nature of defendant's obligations in responding to plaintiff's request, which briefing would be premature since these issues are apparently under consideration by defendant, see JSR paragraphs 8,9, and briefing would result in piecemeal, inefficient consideration of issues related to the claims in this case and delay its resolution. Signed by Chief Judge Beryl A. Howell on February 4, 2022. (lcbah1) (Entered: 02/04/2022) |
| 2022-04-01 | 11 | NOTICE of Appearance by Lance Quaranto on behalf of GENEVIEVE P. KANTER (Quaranto, Lance) (Main Document 11 replaced on 4/1/2022) (zeg). (Entered: 04/01/2022) |
| 2022-04-05 | 12 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 04/05/2022) |
| 2022-05-05 | 13 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 05/05/2022) |
| 2022-06-06 | 14 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 06/06/2022) |
| 2022-08-05 | 15 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 08/05/2022) |
| 2022-10-04 | 16 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Jones, Sian) (Entered: 10/04/2022) |
| 2022-10-31 | 17 | NOTICE OF SUBSTITUTION OF COUNSEL by Sam Escher on behalf of DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney Sian Jones (Escher, Sam) (Entered: 10/31/2022) |
| 2022-12-05 | 18 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 12/05/2022) |
| 2023-02-03 | 19 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 02/03/2023) |
| 2023-04-03 | 20 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 04/03/2023) |
| 2023-06-13 | 21 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 06/13/2023) |
| 2023-08-15 | 22 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 08/15/2023) |
| 2023-10-18 | 23 | Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 10/18/2023) |
| 2023-10-20 | | MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 23 Joint Status Letter, to file a joint status letter by December 20, 2023, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 20, 2023. (lcbah1) (Entered: 10/20/2023) |
| 2023-10-23 | | Set/Reset Deadlines: Joint Status Letter due by 12/20/2023 (mac) (Entered: 10/23/2023) |
| 2023-12-19 | 24 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 12/19/2023) |
| 2024-02-21 | 25 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 02/21/2024) |
| 2024-04-24 | 26 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 04/24/2024) |
| 2024-06-25 | 27 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 06/25/2024) |
| 2024-06-26 | | MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 27 Joint Status Report, to file, by August 27, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on June 26, 2024. (lcbah1) (Entered: 06/26/2024) |
| 2024-06-27 | | Set/Reset Deadlines: Parties Joint Status Report due by 8/27/2024 (mac) (Entered: 06/27/2024) |
| 2024-08-27 | 28 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 08/27/2024) |
| 2024-10-29 | 29 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 10/29/2024) |
| 2025-01-07 | 30 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 01/07/2025) |
| 2025-03-05 | 31 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 03/05/2025) |
| 2025-03-14 | 32 | NOTICE OF SUBSTITUTION OF COUNSEL by Charles Woodward, IV on behalf of GENEVIEVE P. KANTER Substituting for attorney Lance D. Quaranto (Woodward, Charles) (Entered: 03/14/2025) |
| 2025-03-20 | | MINUTE ORDER (paperless), upon consideration of this case's lengthy pendency of almost four years and the parties 32 Joint Status Report lacking a timeline for the expeditious resolution of this matter, DIRECTING the parties to appear in Courtroom 26A on March 28, 2025, at 9:30AM EST, for an in-person status conference. Parties should be prepared to answer questions and provide concrete steps to facilitate the "just, speedy, and inexpensive," Fed. R. Civ. P. 1, resolution of this matter. Signed by Judge Beryl A. Howell on March 20, 2025. (lcbah1) (Entered: 03/20/2025) |
| 2025-03-20 | | Set/Reset Hearings: Status Conference set for 3/28/2025 at 9:30 AM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac) (Entered: 03/20/2025) |
| 2025-03-20 | 33 | Unopposed MOTION Appearance via video or telephone for March 28, 2025 Status Hearing by GENEVIEVE P. KANTER. (Stotter, Daniel) Modified event on 3/24/2025 (znmw). (Entered: 03/20/2025) |
| 2025-03-24 | | MINUTE ORDER (paperless) GRANTING plaintiff's 33 Unopposed Motion to Appear Remotely via Teleconference. Directions to appear remotely via video teleconference will be provided. Signed by Judge Beryl A. Howell on March 24, 2025. (lcbah1) (Entered: 03/24/2025) |
| 2025-03-28 | | Minute Entry for proceedings held before Judge Beryl A. Howell: Status Conference held on 3/28/2025. Parties Joint Status Report due by 4/4/2025. (Court Reporter ELIZABETH DAVILA.) (mac) (Entered: 03/28/2025) |
| 2025-03-28 | | MINUTE ORDER (paperless), upon consideration of the pendency of this case for almost four years and the insufficient and confusingly conflicting responses provided by the parties at the in-person status conference as to the status of processing responsive records, compounded by defense counsel's expressed estimated timeline for completing processing as potentially taking up to fifteen more years, DIRECTING the parties to file, by April 4, 2025, a joint status report containing the following information: (1) Precisely what years of initial breach reports are: (a) responsive to the FOIA request; and (b) have been produced; (2) The number of responsive records, in terms of documents and/or pages, that (a) have been produced and in which years; and (b) estimated still to be processed and in which years; (3) The estimated timeline for completion of processing of responsive records, absent any other narrowing of the scope of responsive records; (4) Any proposal to narrow the scope of the requested records to expedite processing made to opposing counsel that has been rejected, with fulsome explanation as to the reason for rejection of the proposal; and (5) As to any proposal made by defendant to plaintiff to narrow the scope of the requested records to expedite processing (e.g., removing a column from the initial breach reports), an estimated time for completion of processing were such proposal accepted; (6) Given plaintiff's counsel's statements during the status conference about plaintiff's prior request for a partial summary judgment briefing schedule to determine "whether HHS can provide the responsive records in the native/ current format, or in a database format sought by Plaintiff for her research activities," Joint Status Report ("JSR") at 3, ECF No. 10, which request was denied as "premature," Min. Order (Feb. 4, 2022), and is opposed by defendant as inappropriate, because plaintiff "is not an employee/contractor of HHS and has not undergone the required security background check," JSR at 4, ECF No. 12, which defendant reiterated at today's conference, plaintiff must provide a full explanation of what new information she has received since receiving defendant's explanation that in her view means that she should be permitted access to a database that even lawyers within the agency are not allowed to access. Signed by Judge Beryl A. Howell on March 28, 2025. (lcbah1) (Entered: 03/28/2025) |
| 2025-04-02 | 34 | Unopposed MOTION to Withdraw as Attorney and Request For Stay by GENEVIEVE P. KANTER. (Stotter, Daniel) (Entered: 04/02/2025) |
| 2025-04-03 | | MINUTE ORDER (paperless) DENYING plaintiff's 34 Unopposed Motion to Withdraw as Attorney and Request for a Stay ("Pl.'s Mot."). This case has been pending for almost four years with one counsel of record, Daniel J. Stotter, representing plaintiff for the entirety of this litigation, see 1 Compl., and thus familiar with the underlying issues needed to respond to this Court's March 28, 2025 Minute Order ("Min. Order."). Further, plaintiff's lawyers filed the pending motion 2 days before a response to this Court's order was due. Understanding that plaintiff's counsel is not "authorized" "to... provide [a] response to the issues presented in the [Min. Order]," counsel can communicate exactly what plaintiff wants to say in response to each issue raised in the Min. Order or indicate that plaintiff has no response, which will be taken into consideration if dispositive motions are later filed. Accordingly, plaintiff's motion is DENIED until either new counsel of record files an appearance or she provides notice that she will represent herself pro se, mooting her request for a "Stay of all filings... in order to allow [p]laintiff [time] to obtain alternative counsel." Pl.'s Mot. at 2. Signed by Judge Beryl A. Howell on April 3, 2025. (lcbah1) (Entered: 04/03/2025) |
| 2025-04-03 | 35 | NOTICE OF SUBSTITUTION OF COUNSEL by Kevin Travers Barnett on behalf of GENEVIEVE P. KANTER Substituting for attorney Charles Woodward IV and Daniel Stotter (Barnett, Kevin) (Entered: 04/03/2025) |
| 2025-04-03 | 36 | Unopposed MOTION for Extension of Time to File Joint Status Report by GENEVIEVE P. KANTER. (Barnett, Kevin) (Entered: 04/03/2025) |
| 2025-04-04 | | MINUTE ORDER (paperless) GRANTING plaintiff's 36 Unopposed Motion for Extension of time; and DIRECTING the parties to file a joint status report that includes discussion of the issues described in the March 28, 2025 Minute Order by April 11, 2025. Signed by Judge Beryl A. Howell on April 4, 2025. (lcbah1) (Entered: 04/04/2025) |
| 2025-04-04 | | Set/Reset Deadlines: Parties Joint Status Report due by 4/11/2025. (mac) (Entered: 04/04/2025) |
| 2025-04-11 | 37 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Escher, Sam) (Entered: 04/11/2025) |
| 2025-04-17 | | MINUTE ORDER (paperless), upon consideration of the parties' 37 Joint Status Report ("JSR"), DIRECTING the parties to submit a joint status report by May 16, 2025, advising the Court of the status of this case, including, but not limited to, a discussion of (a) whether defendant has been able to explain the discrepancies identified by plaintiff, JSR at 4, 4 n.6; (b) the status of parties' conferral as described in the JSR at 5-7; and (c) an update as to whether, given clarification made by plaintiff and her new counsel, JSR at 7-8, the potential of plaintiff to enter into a data use agreement to access the requested data. Signed by Judge Beryl A. Howell on April 17, 2025. (lcbah1) (Entered: 04/17/2025) |
| 2025-04-18 | | Set/Reset Deadlines: Parties Joint Status Report due by 5/16/2025. (mac) (Entered: 04/18/2025) |
| 2025-05-16 | 38 | Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Emails)(Escher, Sam) (Entered: 05/16/2025) |
| 2025-05-19 | | MINUTE ORDER (paperless), upon consideration of the parties' 38 Joint Status Report, DIRECTING the parties to file a joint status report by June 13, 2025, advising the Court of the status of this matter, including, but not limited to, defendants' response to plaintiff's submission on May 12, 2025, see Joint Status Report at 2-3. Signed by Judge Beryl A. Howell on May 19, 2025. (lcbah1) (Entered: 05/19/2025) |
| 2025-05-20 | | Set/Reset Deadlines: Parties Joint Status Report due by 6/13/2025 (mac) (Entered: 05/20/2025) |
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