Skip to content

Case Detail

[Subscribe to updates]
Case TitleWHEATLAND v. DEPARTMENT OF HEALTH & HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03126
Date Filed2021-11-29
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffRAND WHEATLAND
Case DescriptionRand Wheatland submitted a FOIA request to the Department of Health and Human Services for records concerning transcripts, minutes, and recordings of the meetings of the NIH COVID-19 Guidelines Panel from 2020 and 2021. The agency acknowledged receipt of the request. The agency denied the request entirely. Wheatland filed an administrative appeal. After hearing nothing further from the agency, Wheatland filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH & HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-291COMPLAINT against DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8893421) filed by RAND WHEATLAND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Stotter, Daniel) (Entered: 11/29/2021)
2021-11-30Case Assigned to Judge Carl J. Nichols. (adh, ) (Entered: 11/30/2021)
2021-11-302SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 11/30/2021)
2021-12-033STANDING ORDER. Signed by Judge Carl J. Nichols on December 3, 2021. (lccjn2) (Entered: 12/03/2021)
2021-12-244NOTICE of Appearance by Bradley Silverman on behalf of DEPARTMENT OF HEALTH & HUMAN SERVICES (Silverman, Bradley) (Entered: 12/24/2021)
2022-01-055ANSWER to Complaint by DEPARTMENT OF HEALTH & HUMAN SERVICES.(Silverman, Bradley) (Entered: 01/05/2022)
2022-01-10MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before 2/10/2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request[s] and any discussions regarding whether Plaintiff's request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on January 10, 2022. (lccjn2) Modified on 1/10/2022 to correct date(zcal). (Entered: 01/10/2022)
2022-01-10Set/Reset Deadlines: Joint Status Report due by 2/10/2022. (zcal) (Entered: 01/11/2022)
2022-02-036Joint STATUS REPORT by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Silverman, Bradley) (Entered: 02/03/2022)
2022-02-08MINUTE ORDER. Upon review of the 6 Joint Status Report, it is ORDERED that the following schedule shall control summary judgment briefing: (1) Defendant's motion for summary judgment shall be filed on or before March 18, 2022; (2) Plaintiff's response to Defendant's motion for summary judgment and cross-motion for summary judgment shall be filed on or before April 22, 2022; (3) Defendant's reply in support of the motion for summary judgment and the response to Plaintiff's cross-motion for summary judgment shall be filed on or before May 27, 2022; and (4) Plaintiff's reply in support of the cross-motion for summary judgment shall be filed on or before July 1, 2022. Signed by Judge Carl J. Nichols on February 8, 2022. (lccjn2) (Entered: 02/08/2022)
2022-02-08Set/Reset Deadlines: Summary Judgment motions due by 3/18/2022. Response to Motion for Summary Judgment due by 4/22/2022. Cross Motions due by 4/22/2022. Response to Cross Motions due by 5/27/2022. Reply to Motion for Summary Judgment due by 5/27/2022. Reply to Cross Motions due by 7/1/2022. (zcal) (Entered: 02/08/2022)
2022-03-147Consent MOTION for Extension of Time to File Motion for Summary Judgment And Subsequent Briefing by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Silverman, Bradley) (Entered: 03/14/2022)
2022-03-17MINUTE ORDER. Upon review of the 7 Consent Motion for Extension of Time to Modify the Summary Judgment Briefing Schedule, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant's Motion for Summary Judgment is due on or before April 1, 2022; Plaintiff's Response in Opposition to Motion and Cross-Motion for Summary Judgment is due on or before May 6, 2022; Defendant's Reply in Support of Motion and Opposition to Cross-Motion is due on or before June 10, 2022; and Plaintiff's Reply in Support of the Cross-Motion is due on or before July 22, 2022. Signed by Judge Carl J. Nichols on March 17, 2022. (lccjn2) (Entered: 03/17/2022)
2022-03-17Set/Reset Deadlines: Summary Judgment motions due by 4/1/2022. Response to Motion for Summary Judgment due by 5/6/2022. Cross Motions due by 5/6/2022. Response to Cross Motions due by 6/10/2022. Reply to Motion for Summary Judgment due by 6/10/2022. Reply to Cross Motions due by 7/22/2022. (zcal) (Entered: 03/17/2022)
2022-03-278Consent MOTION for Extension of Time to File Motion for Summary Judgment And Subsequent Briefing by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Silverman, Bradley) (Entered: 03/27/2022)
2022-04-01MINUTE ORDER. Upon review of 12 the Consent Motion for an Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file a motion for summary judgment on or before April 5, 2022; Plaintiff shall file a response and a cross motion for summary judgment on or before May 10, 2022; Defendant may file a reply in support of the motion and an opposition to the cross-motion on or before June 14, 2022; and Plaintiff may file a reply in support of the cross-motion on or before July 26, 2022. Signed by Judge Carl J. Nichols on April 1, 2022. (lccjn2) (Entered: 04/01/2022)
2022-04-019NOTICE of Appearance by Lance Quaranto on behalf of RAND WHEATLAND (Quaranto, Lance) (Main Document 9 replaced on 4/1/2022) (zeg). (Entered: 04/01/2022)
2022-04-01Set/Reset Deadlines: Cross Motions due by 5/10/2022. Response to Cross Motions due by 6/14/2022. Reply to Cross Motions due by 7/26/2022. Summary Judgment motions due by 4/5/2022. Response to Motion for Summary Judgment due by 5/10/2022. Reply to Motion for Summary Judgment due by 6/14/2022. (zcal) (Entered: 04/04/2022)
2022-04-0410Joint MOTION to Clarify Briefing Schedule by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Silverman, Bradley) (Entered: 04/04/2022)
2022-04-05MINUTE ORDER. Upon consideration of the 10 Joint Motion for Clarification, it is ORDERED that the parties shall follow the schedule set out in the Court's Order entered on April 1, 2022. Signed by Judge Carl J. Nichols on April 5, 2022. (lccjn2) (Entered: 04/05/2022)
2022-04-0511MOTION for Summary Judgment by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Gorka Garcia-Malene, # 4 Text of Proposed Order)(Silverman, Bradley) (Entered: 04/05/2022)
2022-04-0812Unopposed MOTION for Extension of Time to File Response/Reply by RAND WHEATLAND. (Stotter, Daniel) (Entered: 04/08/2022)
2022-04-11MINUTE ORDER. Upon review of the 12 Consent Motion for an Extension of Time, it is ORDERED that the GRANTED. It is further ORDERED that Plaintiff shall file his combined Opposition to Defendant's Motion for Summary Judgment on or before May 24, 2022, Defendant shall file the combined Reply in support of Defendant's Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment on or before June 28,2022; and Plaintiff shall file his Reply in support of Plaintiff's Cross Motion for Summary Judgment on or before August 9, 2022. Signed by Judge Carl J. Nichols on April 11, 2022. (lcjw) (Entered: 04/11/2022)
2022-04-11Set/Reset Deadlines: Reply to Cross Motions due by 8/9/2022. Response to Motion for Summary Judgment due by 5/24/2022. Reply to Motion for Summary Judgment due by 6/28/2022. (zcal) (Entered: 04/11/2022)
2022-05-2413MOTION for Summary Judgment by RAND WHEATLAND. (Attachments: # 1 Memorandum in Support, # 2 Declaration Rand Wheatland & Exhibits, # 3 Statement of Facts, # 4 Text of Proposed Order)(Stotter, Daniel) (Entered: 05/24/2022)
2022-05-2414RESPONSE re 11 MOTION for Summary Judgment filed by RAND WHEATLAND. (Attachments: # 1 Declaration Rand Wheatland & Exhibits, # 2 Statement of Facts, # 3 Text of Proposed Order)(Stotter, Daniel) (Entered: 05/24/2022)
2022-06-2815REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Silverman, Bradley) (Entered: 06/28/2022)
2022-06-2816RESPONSE re 13 MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Silverman, Bradley) (Entered: 06/28/2022)
2022-08-0917REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by RAND WHEATLAND. (Stotter, Daniel) Modified docket relationship on 8/10/2022 (zed). (Entered: 08/09/2022)
2023-01-1218NOTICE OF SUBSTITUTION OF COUNSEL by L'Shauntee J. Robertson on behalf of All Defendants (Robertson, L'Shauntee) (Entered: 01/12/2023)
2023-03-0819ORDER. Signed by Judge Carl J. Nichols on March 8, 2023. (lccjn2) (Entered: 03/08/2023)
2023-03-1420NOTICE of Intention to File Supplemental Briefing by DEPARTMENT OF HEALTH & HUMAN SERVICES (Robertson, L'Shauntee) (Entered: 03/14/2023)
2023-03-16MINUTE ORDER. Upon review of the Defendant's 20 Notice of Intention to File Supplemental Briefing, it is ORDERED that the Defendant shall file its supplemental brief on or before April 14, 2023, the Plaintiff shall file his response on or before April 28, 2023, and the Defendant shall file a reply, if any, on or before May 5, 2023. It is further ORDERED that the case is STAYED until May 5, 2023. Signed by Judge Carl J. Nichols on March 16, 2023. (lccjn2) (Entered: 03/16/2023)
2023-04-1421SUPPLEMENTAL MEMORANDUM to re 11 MOTION for Summary Judgment Motion for Summary Judgment filed by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Exhibit Garcia-Malene Declaration)(Robertson, L'Shauntee) Modified to add link on 4/20/2023 (znmw). (Entered: 04/14/2023)
2023-04-2722SUPPLEMENTAL MEMORANDUM to Plaintiff's Response To Defendant's Supplemental Briefing filed by RAND WHEATLAND. (Attachments: # 1 Declaration of Daniel J. Stotter & Ex. A)(Stotter, Daniel) (Entered: 04/27/2023)
2023-05-0923Consent MOTION for Leave to File Reply Out of Time by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Robertson, L'Shauntee) (Entered: 05/09/2023)
2023-05-10MINUTE ORDER. Upon review of Defendant's 23 Consent Motion for Leave to File Reply Out of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendant shall file a reply on or before May 11, 2023. Signed by Judge Carl J. Nichols on May 10, 2023. (lccjn2) (Entered: 05/10/2023)
2023-05-1124RESPONSE re 22 Supplemental Memorandum filed by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Robertson, L'Shauntee) (Entered: 05/11/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar