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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv03187
Date Filed2021-12-06
Date Closed2023-12-19
JudgeJudge Colleen Kollar-Kotelly
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffSYDNEY LUPKIN
Case DescriptionNational Public Radio submitted two FOIA requests to the Department of Health and Human Services for records concerning the COVID-19 Incident Management Team Weekly Reports generated by the Biomedical Advanced Research and Development Authority. In response to its first FOIA request, the agency located 47 pages responsive to the request and withheld them entirely under Exemption 4 (commercial and confidential) and Exemption 5 (privileges). NPR filed an administrative appeal of the denial. NPR submitted a second FOIA request for the weekly reports for an updated time period. After hearing nothing further from the agency, NPR filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
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
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-061COMPLAINT for Injunctive and Declaratory Relief for Violation of the Freedom of Information Act against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8909552) filed by NATIONAL PUBLIC RADIO, INC., SYDNEY LUPKIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons as to HHS, # 8 Summons as to HHS FOIA Officer, # 9 Summons as to DOJ, # 10 Summons as to USAO)(DeThomas, Courtney) (Entered: 12/06/2021)
2021-12-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC. (DeThomas, Courtney) (Entered: 12/06/2021)
2021-12-08Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 12/08/2021)
2021-12-093ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/9/21. (DM) (Entered: 12/09/2021)
2021-12-094SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 12/09/2021)
2021-12-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/13/2021. (DeThomas, Courtney) Modified date of service on 12/29/2021 (znmw). (Entered: 12/27/2021)
2021-12-276RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/13/2021. Answer due for ALL FEDERAL DEFENDANTS by 1/12/2022. (DeThomas, Courtney) Modified dates on 12/29/2021 (znmw). (Entered: 12/27/2021)
2021-12-277RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/14/2021 (DeThomas, Courtney) (Entered: 12/27/2021)
2021-12-278RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (DeThomas, Courtney) (Entered: 12/27/2021)
2022-01-109NOTICE of Appearance by Brenda A. Gonzalez-Horowitz on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Gonzalez-Horowitz, Brenda) (Entered: 01/10/2022)
2022-01-1010Unopposed MOTION for Extension of Time to File Response to Plaintiffs' Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez-Horowitz, Brenda) (Entered: 01/10/2022)
2022-01-1111ORDER granting 10 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendant's response to Plaintiffs' Complaint due by no later than FEBRUARY 11, 2022. Signed by Judge Colleen Kollar-Kotelly on 1/11/22. (lcckk3) (Entered: 01/11/2022)
2022-01-11Set/Reset Deadlines: Answer to 1 Complaint due by 2/11/2022. (dot) (Entered: 01/12/2022)
2022-02-0812NOTICE of Appearance by Douglas C. Dreier on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Dreier, Douglas) (Entered: 02/08/2022)
2022-02-0813Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/08/2022)
2022-02-08MINUTE ORDER. The Court is in receipt of Defendant's 13 Unopposed Motion for Extension of Time, in which Defendant seeks a 30-day extension of time to answer or otherwise respond to Plaintiff's Complaint. Defendant seeks this extension due to counsel's emergency personal leave. This is Defendant's second request for an extension to file a response to Plaintiff's Complaint. Plaintiff consents to the requested extension. The Court GRANTS Defendant's 13 Motion and ORDERS Defendant to answer or otherwise respond to Plaintiff's complaint by no later than MARCH 14, 2022. Signed by Judge Colleen Kollar-Kotelly on 2/8/22. (lcckk3) (Entered: 02/08/2022)
2022-02-08Set/Reset Deadlines: Defendant to answer or otherwise respond to Plaintiff's complaint by 3/14/2022. (dot) (Entered: 02/09/2022)
2022-02-1014ENTERED IN ERROR..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-9037370. Fee Status: Fee Paid. by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Certificate of Good Standing)(Burke, Thomas) Modified on 2/11/2022 (znmw). (Entered: 02/10/2022)
2022-02-1015DECLARATION Amended Declaration of Thomas R. Burke by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC. re 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-9037370. Fee Status: Fee Paid. filed by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC.. (Burke, Thomas) (Entered: 02/10/2022)
2022-02-11NOTICE OF ERROR re 14 Motion for Leave to Appear Pro Hac Vice; emailed to thomasburke@dwt.com, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. ENTERED IN ERROR; PACER login does not match signature; Motion must be filed by sponsoring attorney. (znmw, ) (Entered: 02/11/2022)
2022-02-1716MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, previously paid, receipt number ADCDC-9037370 Fee Status: No Fee Paid. by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Certificate of Good Standing)(DeThomas, Courtney) (Entered: 02/17/2022)
2022-02-2217Consent MOTION for Extension of Time to File Response to Plaintiffs' Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/22/2022)
2022-02-22MINUTE ORDER. The Court is in receipt of Defendant's 17 Consent Motion for Extension of Time, in which Defendant seeks an extension of time until May 4, 2022 to answer or otherwise respond to Plaintiff's Complaint because Defendant's lead counsel is on unexpected leave due to family matters. This is Defendant's third request for an extension of the same deadline. Plaintiffs consent to the requested extension. The Court GRANTS the 17 motion and ORDERS Defendant to answer or otherwise respond to the Complaint by no later than MAY 4, 2022. Signed by Judge Colleen Kollar-Kotelly on 2/22/22. (lcckk3) (Entered: 02/22/2022)
2022-02-22MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice with respect to Thomas R. Burke, in order for him to appear as co-counsel for Plaintiffs, CONTINGENT on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than FEBRUARY 28, 2022. Counsel shall promptly register for this Court's CM/ECF system and file a notice of appearance pursuant to LCvR 83.6(a). C lick for instructions . Signed by Judge Colleen Kollar-Kotelly on 2/22/22. (lcckk3) (Entered: 02/22/2022)
2022-02-22Set/Reset Deadlines: Defendant to answer or otherwise respond to the Complaint by no later than 5/4/2022. (dot) (Entered: 02/23/2022)
2022-02-2318NOTICE of Appearance by Thomas R. Burke on behalf of SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC. (Burke, Thomas) (Entered: 02/23/2022)
2022-02-2819DECLARATION of Thomas R. Burke Certifying Familiarity with the Courts Local Rules by SYDNEY LUPKIN, NATIONAL PUBLIC RADIO, INC. re Order on Motion for Leave to Appear Pro Hac Vice,,. (Burke, Thomas) (Entered: 02/28/2022)
2022-05-0220NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Attorney Douglas C. Dreier terminated. (Dreier, Douglas) (Entered: 05/02/2022)
2022-05-0421ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Gonzalez-Horowitz, Brenda) (Entered: 05/04/2022)
2022-05-0522ORDER requiring the parties to meet and confer and file a Joint Status Report by JULY 8, 2022. Please see order for details. Signed by Judge Colleen Kollar-Kotelly on 5/5/22. (lcckk3) (Entered: 05/05/2022)
2022-05-05Set/Reset Deadlines: Joint Meet & Confer Statement due by 7/8/2022. (dot) (Entered: 05/20/2022)
2022-07-0823Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 07/08/2022)
2022-07-12MINUTE ORDER. The Court is in receipt of the parties' 23 Joint Status Report, in which Defendant indicates that it anticipates making a production of responsive records on August 12, 2022, at which time "it will have completed" its response to "both FOIA requests at issue in this case." As proposed by the parties, the Court ORDERS the parties to file another Joint Status Report by AUGUST 15, 2022 and every 60 days thereafter updating the Court on the status of Defendant's response to Plaintiffs' requests and, if necessary, proposing a schedule for further proceedings. If the parties require more immediate attention, they may file a status report between deadlines. Signed by Judge Colleen Kollar-Kotelly on 7/12/22. (lcckk3) (Entered: 07/12/2022)
2022-07-12Set/Reset Deadlines: Status Report due by 8/15/2022 updating the Court on the status of Defendant's response to Plaintiffs' requests and, if necessary, proposing a schedule for further proceedings. (dot) (Entered: 07/12/2022)
2022-08-1524Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 08/15/2022)
2022-10-1725Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 10/17/2022)
2022-12-1626Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 12/16/2022)
2023-02-1727Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 02/17/2023)
2023-04-1728Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 04/17/2023)
2023-06-0529NOTICE of Change of Address by Thomas R. Burke (Burke, Thomas) (Entered: 06/05/2023)
2023-06-1630Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 06/16/2023)
2023-08-1831Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 08/18/2023)
2023-10-1332Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 10/13/2023)
2023-12-1533Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Gonzalez Horowitz, Brenda) (Entered: 12/15/2023)
2023-12-19MINUTE ORDER. The Court is in receipt of the 33 Joint Status Report, in which the parties indicate that they have reached an agreement to resolve all outstanding disputes and anticipate finalizing and executing their agreement shortly; they indicate that they anticipate filing a notice of voluntary dismissal shortly. The Court ORDERS the parties to file a joint status report providing an update on the parties' plans for proceeding by no later than JANUARY 8, 2024 if the case has not yet been dismissed. Signed by Judge Colleen Kollar-Kotelly on 12/19/23. (lcckk3) (Entered: 12/19/2023)
2023-12-19Set/Reset Deadlines: the parties to file a joint status report providing an update on the parties' plans for proceeding by no later than 1/8/2024. (dot) (Entered: 12/19/2023)
2023-12-1934STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Gonzalez Horowitz, Brenda) Modified on 12/20/2023 to correct event (zjm). (Entered: 12/19/2023)
2023-12-1935ORDER dismissing case with prejudice. Signed by Judge Colleen Kollar-Kotelly on 12/19/23. (lcckk3) (Entered: 12/19/2023)
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