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Case TitleMURTAGH v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01364
Date Filed2022-05-17
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJAMES MURTAGH
Case DescriptionJames Murtaugh submitted a FOIA request to the Indian Health Service for records concerning his employment by the agency. The agency acknowledged receipt of the request. The agency disclosed records with redactions under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Murtaugh filed an administrative appeal but after hearing nothing further from the agency, Murtaugh filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-171COMPLAINT James Murtagh against HEALTH AND HUMAN SERVICES AGENCY with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9242555) filed by JAMES MURTAGH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Hartnett, F.) (Entered: 05/17/2022)
2022-05-17NOTICE OF ERROR re 1 Complaint; emailed to dhartnett@elitokandhartnett.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, ) (Entered: 05/17/2022)
2022-05-172CIVIL COVER SHEET (corrected) by JAMES MURTAGH re 1 Complaint, filed by JAMES MURTAGH. Related document: 1 Complaint, filed by JAMES MURTAGH.(Hartnett, F.) (Main Document 2 replaced on 5/18/2022) (zjm). Modified on 5/18/2022 to replace fillable pleading (zjm). (Entered: 05/17/2022)
2022-05-18NOTICE OF ERROR re 2 Cover Sheet; emailed to dhartnett@elitokandhartnett.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zjm, ) (Entered: 05/18/2022)
2022-05-183ERRATA in re 2 CIVIL COVER SHEET by JAMES MURTAGH re 1 Complaint, filed by JAMES MURTAGH. Related document: 1 Complaint, filed by JAMES MURTAGH.(Hartnett, F.) Modified on 5/18/2022 (zjm). (Entered: 05/18/2022)
2022-05-18Case Assigned to Judge Colleen Kollar-Kotelly. (zjm) (Entered: 05/18/2022)
2022-05-184SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 05/18/2022)
2022-05-185ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 5/18/2022. (DM) (Entered: 05/18/2022)
2022-06-306ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Moustakas, John) (Entered: 06/30/2022)
2022-07-017ORDER directing parties to file joint status report on or before July 29, 2022 . See Order for details. Signed by Judge Colleen Kollar-Kotelly on July 1, 2022. (lcckk1) (Entered: 07/01/2022)
2022-07-01Set/Reset Deadlines: Joint Status Report due by 7/29/2022. (zalh) (Entered: 07/01/2022)
2022-07-298Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Moustakas, John) (Entered: 07/29/2022)
2022-08-01MINUTE ORDER: The Court is in receipt of the parties' 8 Joint Status Report. Per the representations therein, the parties shall file another joint status report on or before September 27, 2022 informing the Court as to the pace of productions and, if necessary, another joint status report every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on August 1, 2022. (lcckk1) (Entered: 08/01/2022)
2022-08-01Set/Reset Deadlines: Joint Status Report due by 9/27/2022, informing the Court as to the pace of productions and, if necessary, another joint status report every ninety days thereafter. (dot) (Entered: 08/01/2022)
2022-09-289MOTION for Extension of Time to File by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Moustakas, John) (Entered: 09/28/2022)
2022-09-28MINUTE ORDER: Before the Court is Defendant's 9 Motion for Extension of Time, filed September 28, 2022. Defendant requests an extension of time, from September 27, 2022 to October 11, 2022, to file a joint status report. Because the 9 Motion was filed after the deadline to file, and, independently, because the motion does not indicate whether counsel for Defendant attempted to secure Plaintiff's consent, the 9 Motion is DENIED . As the Court has reminded counsel for Defendant repeatedly over multiple cases, this Court requires all requests for extension of time to be filed at least four business days prior to the affected deadline. The perceived importance of any particular filing has no impact on the deadline to file. The Court respectfully suggests that counsel for Defendant set reminders accordingly. Defendant, with or without Plaintiff, shall move for leave to late-file the parties' joint status report on or before September 30, 2022 . Signed by Judge Colleen Kollar-Kotelly on September 28, 2022. (lcckk1) (Entered: 09/28/2022)
2022-09-28Set/Reset Deadlines: Joint Status Report due by 9/30/2022. (dot) (Entered: 09/29/2022)
2022-09-3010Joint MOTION for Leave to File Joint Status Report Late by JAMES MURTAGH. (Attachments: # 1 Joint Status Report)(Hartnett, F.) (Entered: 09/30/2022)
2022-10-06MINUTE ORDER: Before the Court is the parties' 10 Joint Motion for Leave to Late File Joint Status Report. In an exercise of the Court's discretion, and upon a showing of excusable neglect, the parties' 10 Joint Motion for Leave to Late File Joint Status Report is GRANTED . The parties shall file their joint status report on or before October 11, 2022 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on October 6, 2022. (lcsk) (Entered: 10/06/2022)
2022-10-0611Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Moustakas, John) (Entered: 10/06/2022)
2022-10-06Set/Reset Deadlines: Joint Status Report due by 10/11/2022. (dot) (Entered: 10/10/2022)
2023-01-26MINUTE ORDER: The parties' next joint status report was due on or before January 9, 2023. No joint status report has been filed. As such, the parties shall file that joint status report on or before February 3, 2023 and, if necessary, another joint status report every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on January 26, 2023. (lcckk1) (Entered: 01/26/2023)
2023-01-26Set/Reset Deadlines: Joint Status Report due by 2/3/2023. (dot) (Entered: 01/27/2023)
2023-02-0312Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Moustakas, John) (Entered: 02/03/2023)
2023-05-0413Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Moustakas, John) (Entered: 05/04/2023)
2023-08-29MINUTE ORDER: The parties' last status report was due on August 2, 2023. No status report has been filed. As such, the parties shall file their joint status report on or before August 31, 2023 and, if necessary, another joint status report every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on August 29, 2023. (lcckk1) (Entered: 08/29/2023)
2023-08-3014Joint STATUS REPORT by JAMES MURTAGH. (Hartnett, F.) (Entered: 08/30/2023)
2023-10-3015Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Moustakas, John) (Entered: 10/30/2023)
2024-01-2516NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney John Moustakas (O'Tousa, Christina) (Entered: 01/25/2024)
2024-01-2917Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 01/29/2024)
2024-04-2518Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 04/25/2024)
2024-06-2419Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Pfaffenroth, Peter) (Entered: 06/24/2024)
2024-07-02MINUTE ORDER: The Court is in receipt of Defendant's 19 Consent Motion for Extension of Time to File Joint Status Report. Therein, Defendant explains that additional time is necessary due to pressing family matters. In light of Plaintiff's consent, and upon good cause shown, the Court shall GRANT Defendant's 19 Consent Motion for Extension of Time to File Joint Status Report nunc pro tunc . The parties shall file a joint status report on or before July 9, 2024 , and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on 7/2/2024. (lcckk1) (Entered: 07/02/2024)
2024-07-02Set/Reset Deadlines: Joint Status Report due by 7/9/2024 (hmc) (Entered: 07/02/2024)
2024-07-0920NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 07/09/2024)
2024-07-0921Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schreiber, Alexander) (Entered: 07/09/2024)
2024-07-10MINUTE ORDER: In light of the parties' request to file another joint status report on or before August 9, 2024, as the parties are "attempting to resolve this case without further involvement of the Court," the Court shall GRANT the parties' request. The parties are directed to file a joint status report on or before August 9, 2024 , and, if necessary, every thirty (30) days thereafter. Signed by Judge Colleen Kollar-Kotelly on 7/10/2024. (lcckk1) (Entered: 07/10/2024)
2024-07-11Set/Reset Deadlines: Joint Status Report due by 8/9/2024. (zcll) (Entered: 07/11/2024)
2024-08-0922Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 08/09/2024)
2024-08-2823NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Attorney Peter C. Pfaffenroth and Alexander Schreiber terminated. (O'Tousa, Christina) (Entered: 08/28/2024)
2024-09-0524Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 09/05/2024)
2024-09-05MINUTE ORDER: Upon consideration of the parties' 24 Joint Status Report, the Court ADOPTS the parties' proposed schedule. The parties shall file their next joint status report no later than October 8, 2024 . If necessary, the parties shall continue to file joint status reports every 30 days thereafter. Signed by Judge Colleen Kollar-Kotelly on 09/05/2024. (lcckk1) (Entered: 09/05/2024)
2024-09-05Set/Reset Deadlines: Joint Status Report due by 10/8/2024. If necessary, the parties shall continue to file joint status reports every 30 days thereafter. (dot) (Entered: 09/09/2024)
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