Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that the Department of Health and Human Services failed to attempt to negotiate with blogger Chris Wright about the scope of his four-part request about the safety of the COVID-19 vaccine. HHS referred the request to the Centers for Disease Control for response. In response to Wright's request for a status update, CDC sent him four separate interim response letters. The first interim letter suggested that he contact the FDA about one request. The second interim response provided Wright with a link to the CDC website of studies of COVID-19 vaccines. The third interim response disclosed 13 pages in full. The fourth interim response told Wright that his request was too broad to search. When Wright complained to CDC, the agency told him it considered the three requests finished while it put the fourth request on hold until Wright narrowed the scope of the request. Wright then filed suit, arguing in part that HHS should have referred the request to other components besides CDC. HHS argued that Wright's fourth request was too broad, while Wright rejoined that the agency had failed by not contacting him at the administrative level to discuss its concerns about the scope of the request. Contreras agreed with Wright that HHS FOIA regulations required the agency to contact a requester when it had concerns about the scope of the request. He noted that "despite this clear procedure, however, HHS never contacted Mr. Wright concerning any deficiencies in his request â€" indeed, HHS does not dispute that it stopped communicating with Mr. Wright after it provided him with a tracking number. Even if CDC, a component to HHS, could act for its parent agency here, it also failed to comply with the same regulation." Contreras indicated that the reason CDC rejected Wright's request as too broad was because it contained the phrase "refer or relate, in any way." Contreras explained that "by neglecting its own procedure and challenging the reasonableness of Mr. Wight's requests for the first time in Court, HHS has deprived Mr. Wright of an opportunity to cooperate with the agency to narrow the scope of his request without judicial intervention. Mr. Wright's decision to modify Item 3 after CDC noted its deficiency shows that he is willing to work in good faith with HHS (and its relevant components) to narrow his request. FOIA procedures exist precisely to streamline this process." Contreras then rejected HHS's claim that Wright's requests were not broadened by language indicating that he was requesting all related records. Instead, Contreras noted that "given the agency's duty to construe FOIA request liberally (not to mention Mr. Wright's pro se status), HHS must interpret request to include both the underlying records and those that refer or relate to them." However, Contreras found that other portions of Wright's requests were overbroad.
Issues: Request - Specificity

Date Filed	Doc #	Docket Text
2022-05-18	1	COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402, receipt number 202185) filed by CHRIS WRIGHT. (Attachment: # 1 Civil Cover Sheet)(ztth) (Entered: 05/19/2022)
2022-05-18		SUMMONS (3) Issued as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (ztth) (Entered: 05/19/2022)
2022-06-21	2	NOTICE of Appearance by Daniel Patrick Schaefer on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Schaefer, Daniel) (Entered: 06/21/2022)
2022-06-21	3	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 06/21/2022)
2022-06-21		MINUTE ORDER granting 3 Unopposed Motion for Extension of Time: It is hereby ORDERED that the motion is GRANTED, and Defendant shall answer or respond to the Complaint on or before July 21, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 06/21/2022. (lcrc2) (Entered: 06/21/2022)
2022-06-27		Set/Reset Deadlines: Answer due by 7/21/2022, (tj) (Entered: 06/27/2022)
2022-07-21	4	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/21/2022)
2022-07-21		MINUTE ORDER granting 4 Unopposed Motion for Extension of Time to Answer: it is hereby ORDERED that the motion is GRANTED, and that Defendant shall answer or respond to the Complaint on or before July 28, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 7/21/2022. (lcrc2) (Entered: 07/21/2022)
2022-07-26	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/19/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 6/18/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/03/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 6/2/2022 (zjm) (Entered: 07/27/2022)
2022-07-28	6	MOTION to Dismiss by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Schaefer, Daniel) (Entered: 07/28/2022)
2022-07-28	7	Order advising plaintiff to respond to 5 Defendant's Motion to Dismiss or Court may deem matter as conceded. See document for details. Response due by 8/29/2022. Signed by Judge Rudolph Contreras on 7/28/2022. (lcrc2) (Entered: 07/28/2022)
2022-08-29	8	Memorandum in opposition to re 6 Motion to Dismiss filed by CHRIS WRIGHT. (Attachment: # 1 Exhibit)(ztth) (Additional attachment(s) added on 8/31/2022: # 2 Text of Proposed Order) (ztth). (Entered: 08/30/2022)
2022-09-02	9	MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Schaefer, Daniel) (Entered: 09/02/2022)
2022-09-02		MINUTE ORDER granting 9 Motion for Extension of Time: It is hereby ORDERED that the motion is GRANTED, and that Defendant shall file its Reply in support of its motion to dismiss on or before September 13, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 9/2/2022. (lcrc2) (Entered: 09/02/2022)
2022-09-13	10	REPLY to opposition to motion re 6 MOTION to Dismiss filed by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Schaefer, Daniel) (Entered: 09/13/2022)
2022-10-14	11	NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Anthony Quinn on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney DAN SCHAEFER (Quinn, Thomas) (Entered: 10/14/2022)
2022-11-04	12	NOTICE OF SUBSTITUTION OF COUNSEL by Christina O'Tousa on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney T. Anthony Quinn (O'Tousa, Christina) (Entered: 11/04/2022)
2022-12-30	13	ORDER denying 6 Defendant's Motion to Dismiss. See document for details. Signed by Judge Rudolph Contreras on 12-30-2022. (lcrc3) (Entered: 12/30/2022)
2022-12-30	14	MEMORANDUM OPINION denying 6 Defendant's Motion to Dismiss. See document for details. Signed by Judge Rudolph Contreras on 12-30-2022. (lcrc3) (Entered: 12/30/2022)
2023-01-30	15	Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (O'Tousa, Christina) (Entered: 01/30/2023)
2023-01-30		MINUTE ORDER granting 15 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that the parties shall file a joint status report on or before February 6, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/30/23. (lcrc2) (Entered: 01/30/2023)
2023-02-06	16	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (O'Tousa, Christina) (Entered: 02/06/2023)
2023-02-07		MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before March 23, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/7/23. (lcrc2) (Entered: 02/07/2023)
2023-03-23	17	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (O'Tousa, Christina) (Entered: 03/23/2023)
2023-03-24		MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before May 22, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/24/23. (lcrc2) (Entered: 03/24/2023)
2023-05-08	18	NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney Christina OTousa (Debrason, B. Kathryn) (Entered: 05/08/2023)
2023-05-17	19	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Debrason, B. Kathryn) (Entered: 05/17/2023)
2023-05-18		MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before July 24, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 5/18/23. (lcrc2) (Entered: 05/18/2023)
2023-07-17	20	MOTION to Compel by CHRIS WRIGHT. (mg) (Additional attachment(s) added on 7/19/2023: # 1 Memorandum in Support, # 2 Exhibits) (mg). (Entered: 07/19/2023)
2023-07-24	21	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Debrason, B. Kathryn) (Entered: 07/24/2023)
2023-07-28	22	MOTION for Extension of Time to Oppose Plaintiff's Motion to Compel by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Debrason, B. Kathryn) (Entered: 07/28/2023)
2023-07-31		MINUTE ORDER granting 22 Defendant's Motion for Extension of Time: Defendant shall respond to Plaintiff's Motion to Compel on or before August 21, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7/31/23. (lcrc2) (Entered: 07/31/2023)
2023-08-18	23	MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Debrason, B.) (Entered: 08/18/2023)
2023-09-21		MINUTE ORDER granting 23 Defendant's Motion for Extension of Time to File Opposition to Motion to Compel. It is hereby ORDERED that Defendant shall file its Opposition to Plaintiff's Motion to Compel on or before September 27, 2023. It is FURTHER ORDERED that the parties shall file a joint status report on or before September 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 09/21/2023. (lcrc2) (Entered: 09/21/2023)
2023-09-27	24	Consent MOTION for Extension of Time to Respond to Motion to Compel by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Truong, John) (Entered: 09/27/2023)
2023-09-27		MINUTE ORDER granting 24 Defendant's Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall file an opposition to Plaintiffs motion to compel on or before October 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 09/27/2023. (lcrc2) (Entered: 09/27/2023)
2023-09-27	25	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Truong, John) (Entered: 09/27/2023)
2023-10-11	26	Unopposed MOTION to Stay of Proceedings by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration Suzann Burk)(Truong, John) (Entered: 10/11/2023)
2023-10-12	27	NOTICE of Filing of Declaration of Suzann Burk by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 26 Motion to Stay (Attachments: # 1 Exhibit Declaration of Suzann Burk)(Truong, John) (Entered: 10/12/2023)
2023-10-13	28	ORDER granting 26 Motion to Stay. See document for details. Signed by Judge Rudolph Contreras on 10/13/2023. (lcrc2) (Entered: 10/13/2023)
2023-10-24	29	NOTICE of Appearance by Tabitha Bartholomew on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Bartholomew, Tabitha) (Entered: 10/24/2023)
2023-10-24	30	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Compel Searches (Item 1) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 10/24/2023)
2023-10-25		MINUTE ORDER granting 30 Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Defendant shall respond to Plaintiffs Motion to Compel on or before January 12, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 10/25/2023. (lcrc2) (Entered: 10/25/2023)
2023-11-08		Set/Reset Deadlines: Responses due by 1/12/2024 (tj) (Entered: 11/08/2023)
2024-01-12	31	Memorandum in opposition to re 20 Motion to Compel Searches (Item 1) filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 01/12/2024)
2024-01-25	32	MOTION for Leave to Late File Reply by CHRIS WRIGHT. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit - Reply)(ztth) (Entered: 01/29/2024)
2024-01-29		MINUTE ORDER granting 32 Motion for Leave to File Late. It is hereby ORDERED that Plaintiff's motion to file his reply late is GRANTED. It is FURTHER ORDERED that Plaintiff's reply is DEEMED TIMELY FILED. SO ORDERED. Signed by Judge Rudolph Contreras on 01/29/2024. (lcrc2) (Entered: 01/29/2024)
2024-03-19		MINUTE ORDER: In light of the parties' briefing with respect to 20 Plaintiff's Motion to Compel, the parties are hereby ORDERED, on or before April 2, 2024, to meet and confer and submit a joint status report stating what materials have been produced to Plaintiff and the scope of any remaining disagreement. It is FURTHER ORDERED, considering the relief sought in 20 Plaintiff's Motion to Compel, that the motion is DENIED WITHOUT PREJUDICE and that the parties shall submit proposed schedules for the production of documents and summary judgment briefing. SO ORDERED. Signed by Judge Rudolph Contreras on 03/19/2024. (lcrc2) (Entered: 03/19/2024)
2024-03-19		Set/Reset Deadlines: Joint Status Report due by 4/2/2024. (tj) (Entered: 03/19/2024)
2024-04-02	33	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 04/02/2024)
2024-04-03		MINUTE ORDER: Upon consideration of 33 the parties' Joint Status Report, it is hereby ORDERED that the Government shall move for summary judgment on all issues concerning all agencies at issue except for the FDA (the FDA stay shall remain in place for all issues concerning the FDA response to plaintiff's requests) within 45 days of this order; Plaintiff shall oppose the Government's motion and cross-move, if appropriate, 30 days thereafter; the Government shall oppose plaintiff's cross-motion, if any, and reply in support of its own motion 30 days thereafter; and, Plaintiff shall file his reply to the government's opposition to his cross-motion, if any, 21 days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on 04/03/2024. (lcrc2) (Entered: 04/03/2024)
2024-05-08	34	MOTION for Extension of Time to File Summary Judgment Briefing by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 05/08/2024)
2024-05-13	35	Memorandum in opposition to re 34 Motion for Extension of Time, filed by CHRIS WRIGHT. (Attachments: # 1 Text of Proposed Order)(mg) (Entered: 05/13/2024)
2024-05-24		MINUTE ORDER: Upon consideration of 34 Defendant's Motion for Extension of Time, it is hereby ORDERED that that the Government's motion for partial summary judgment shall be filed on or before July 20, 2024; Plaintiff shall oppose the Government's motion and cross-move, if appropriate, on or before August 19, 2024; the Government shall oppose plaintiff's cross-motion, if any, and reply in support of its own motion on or before September 18, 2024; and Plaintiff shall file his reply to the government's opposition to his cross-motion, if any, on or before October 9, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 05/24/2024. (lcrc2) (Entered: 05/24/2024)
2024-07-15	36	Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bartholomew, Tabitha) (Entered: 07/15/2024)
2024-07-15		MINUTE ORDER granting 36 Consent Motion for Extension of Time: It is hereby ORDERED that that Defendant's Partial Motion for Summary Judgment shall be filed on or before October 18, 2024; Plaintiff shall file his opposition to Defendant's motion, and any cross-motion, on or before December 2, 2024; Defendant shall file its reply and cross-opposition, if any, on or before January 10, 2025; and Plaintiff shall file his reply to the government's opposition to his cross-motion, if any, on or before February 5, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 07/15/2024. (lcrc2) (Entered: 07/15/2024)
2024-07-15		Set/Reset Deadlines: Cross Motions due by 12/2/2024. Response to Cross Motions due by 1/10/2025. Reply to Cross Motions due by 2/5/2025. Summary Judgment motions due by 10/18/2024. Response to Motion for Summary Judgment due by 12/2/2024. Reply to Motion for Summary Judgment due by 1/10/2025. (tj) (Entered: 07/15/2024)
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