| Date Filed | Doc # | Docket Text |
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| 2022-06-30 | 1 | COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9343303) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit A:HHS Request, # 2 Exhibit B:Initial Acknowledgment, # 3 Exhibit C:Update Letter, # 4 Exhibit D:Status Request, # 5 Civil Cover Sheet, # 6 Summons)(Field, Brian) (Entered: 06/30/2022) |
| 2022-07-01 | 2 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICA FIRST LEGAL FOUNDATION (Field, Brian) (Entered: 07/01/2022) |
| 2022-07-05 | | Case Assigned to Judge Tanya S. Chutkan. (zmh) (Entered: 07/05/2022) |
| 2022-07-05 | 3 | SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 07/05/2022) |
| 2022-07-26 | 4 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/5/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/4/2022. (Attachments: # 1 Declaration of K. Robinson with Exhibits)(Field, Brian) (Entered: 07/26/2022) |
| 2022-07-26 | 5 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 7/13/2022 (Attachments: # 1 Declaration of K. Robinson with Exhibits)(Field, Brian) (Entered: 07/26/2022) |
| 2022-07-26 | 6 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/14/2022. (Attachments: # 1 Declaration of K. Robinson with Exhibits)(Field, Brian) (Entered: 07/26/2022) |
| 2022-08-04 | 7 | NOTICE of Appearance by Giselle Barcia on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Barcia, Giselle) (Entered: 08/04/2022) |
| 2022-08-04 | 8 | NOTICE of Appearance by Hannah Solomon-Strauss on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Solomon-Strauss, Hannah) (Entered: 08/04/2022) |
| 2022-08-04 | 9 | ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Solomon-Strauss, Hannah) (Entered: 08/04/2022) |
| 2022-08-05 | | MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 9/23/22. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 8/5/22. (DJS) (Entered: 08/05/2022) |
| 2022-08-07 | | Set/Reset Deadlines: Joint Status Report due by 9/23/2022. (tb) (Entered: 08/07/2022) |
| 2022-08-25 | 10 | NOTICE OF RELATED CASE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. Case related to (Barcia, Giselle) (Main Document 10 replaced on 8/29/2022) (znmw). (Entered: 08/25/2022) |
| 2022-09-02 | | MINUTE ORDER. Plaintiff has filed eleven FOIA cases in this court against eleven different federal government agencies, seeking from each records sufficient to identify 1) all employees who entered a position in the agency as a political appointee since January 20, 2021 or 2) all career employees who were detailed to a position eligible to be filled by a political appointee or to a new position through coordination or consultation with either the White House Liaison or Presidential Personnel Office since January 20, 2021. See Am. First Legal Found. v. U.S. Dep't of Commerce, 1:22-cv-01884-ABJ; Am. First Legal Found. v. U.S. Dep't of Energy, 1:22-cv-01888-RDM; Am. First Legal Found. v. U.S. Dep't of Health & Human Services, 1:22-cv-01895-TSC; Am. First Legal Found. v. U.S. Dep't of Homeland Security, 1:22-cv-01896-CJN; Am. First Legal Found. v. U.S. Dep't of State, 1:22-cv-01897-CJN; Am. First Legal Found. v. U.S. Dep't of Transportation, 1:22-cv-01898-ABJ; Am. First Legal Found. v. U.S. Dep't of Treasury, 1:22-cv-01899-TSC; Am. First Legal Found. v. U.S. Dep't of Veterans Affairs, 1:22-cv-01900-ABJ; Am. First Legal Found. v. U.S. Dep't of Education, 1:22-cv-01901-DLF; Am. First Legal Found. v. U.S. Dep't of the Interior, 1:22-cv-01903-BAH; Am. First Legal Found. v. U.S. Dep't of Labor, 1:22-cv-01905-CKK. Plaintiff has filed a notice of related case in each case, asserting that all of the cases are related under Local Civil Rule 40.5. Plaintiff maintains that they raise common issues of fact and law because they involve identical FOIA requests, and will, plaintiff predicts, result in similar document productions and involve similar FOIA exemptions. If the cases were related, Rule 40.5(c)(1) would direct that they be reassigned to the judge with the oldest pending case, which is America First Legal Foundation v. U.S. Department of Commerce, 1:22-cv-01884-ABJ. Upon review of plaintiff's notice of related case, though, the Court concludes that the eleven cases are not related under Local Rule 40.5. While the requests themselves called for the same types of records, that does not mean that litigation involving the agencies' responses will present common issues to be resolved. Summary judgment motions often test the adequacy of the search, and here, the requests were transmitted to eleven different agencies, with their own hiring processes, record keeping systems, and custodians. Each agency's effort to identify and produce documents responsive to plaintiff's request will involve searching the files of different custodians in different locations and on different systems, using terms appropriate to the agency, and the questions presented when each agency announces that the search has been completed will be different. Even the early stages of the litigation, when production schedules are established, will vary from agency to agency depending upon the volume of responsive material and the agency's FOIA resources. Moreover, the legitimacy of any claimed exemptions, another issue that can be litigated on summary judgment, may vary depending upon the mission of the agency, including whether it has a law enforcement function and the volume of classified material essential to its work. In sum, despite the similarity of the requests, it is not apparent now that the facts and law to be considered in determining whether each agency has complied with FOIA will be the same, and the cases will not be reassigned pursuant to Local Rule 40.5. This order does not rule out the possibility that cases could be consolidated in the future for the consideration of a common question of law. SO ORDERED. Signed by Judge Amy Berman Jackson on 09/02/2022. (DMK) (Entered: 09/02/2022) |
| 2022-09-23 | 11 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Solomon-Strauss, Hannah) (Entered: 09/23/2022) |
| 2022-10-03 | | MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report , it is hereby ORDERED that the parties shall file another Joint Status Report no later than October 24, 2022 and every 30 days thereafter. To the extent that the parties seek a change to this status quo or a motion briefing schedule, their Joint Status Report shall be accompanied by a proposed Order.Signed by Judge Tanya S. Chutkan on 10/3/2022. (lcac) (Entered: 10/03/2022) |
| 2022-10-04 | | Set/Reset Deadlines: Joint Status Report due by 10/24/2022. (tb) (Entered: 10/04/2022) |
| 2022-10-24 | 12 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 10/24/2022) |
| 2022-11-22 | 13 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 11/22/2022) |
| 2022-12-22 | 14 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order Pl.'s Proposed Order)(Field, Brian) (Entered: 12/22/2022) |
| 2023-01-04 | | MINUTE ORDER: Upon consideration of the parties' 14 joint Status Report, Defendant is ORDERED to process 750 pages of records each month, releasing all responsive, non-exempt records on the 15th of each month, beginning February 15, 2023. Further, the parties shall file a joint status report on February 20, 2023, and every 30 days thereafter. To the extent Defendant anticipates that it cannot comply with the court ordered production schedule in any given month, it shall meet and confer with Plaintiff and the parties shall file a join status report prior to the 15th of the month, with an accompanying proposed order, advising the court on the parties' respective positions. Signed by Judge Tanya S. Chutkan on 1/4/2023. (lcja) (Entered: 01/04/2023) |
| 2023-01-08 | | Set/Reset Deadline: Joint Status Report due by 2/20/2023. (jth) (Entered: 01/08/2023) |
| 2023-02-15 | 15 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 02/15/2023) |
| 2023-03-14 | 16 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 03/14/2023) |
| 2023-04-14 | 17 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 04/14/2023) |
| 2023-05-16 | | MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, the next such report is due no later than June 13, 2023. The joint status report shall propose a path forward for this case and be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 5/16/2023. (lcja) (Entered: 05/16/2023) |
| 2023-05-16 | | Set/Reset Deadlines: Joint Status Report due by 6/13/2023. (tb) (Entered: 05/16/2023) |
| 2023-06-13 | 18 | Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 06/13/2023) |
| 2023-06-14 | | MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that Plaintiff shall complete its review of the productions by June 30, 2023. Further, the parties shall meet and confer and submit a joint status report no later than July 20, 2023 outlining any remaining issues for briefing and proposing a briefing schedule, if applicable. If there are no remaining issues for briefing, the parties shall file a Notice of Dismissal. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/14/2023. (lcja) (Entered: 06/14/2023) |
| 2023-06-14 | | Set/Reset Deadlines: Joint Status Report due by 7/20/2023. (zjd) (Entered: 06/14/2023) |
| 2023-07-20 | 19 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 07/20/2023) |
| 2023-07-21 | | MINUTE ORDER: The parties next joint status report is due 09/08/2023, and every 30 days thereafter. To the extent that the parties propose a change in the statute quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/21/2023. (lcja) (Entered: 07/21/2023) |
| 2023-07-24 | | Set/Reset Deadlines: Joint Status Report due by 9/8/2023 (lsj) (Entered: 07/24/2023) |
| 2023-09-08 | 20 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 09/08/2023) |
| 2023-10-06 | 21 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 10/06/2023) |
| 2023-10-10 | | MINUTE ORDER: Having considered the parties' joint status report 21 it is ordered that this action is hereby STAYED pending resolution of the motion to consolidate filed in the case(s) pending before Judge Jackson. No later than thirty days after resolution of the motion to consolidate, the parties shall file a joint status report and proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 10/10/2023. (lce) (Entered: 10/10/2023) |
| 2023-11-22 | 22 | Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Solomon-Strauss, Hannah) (Entered: 11/22/2023) |
| 2023-11-22 | | MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, the parties shall file another joint status report by January 12, 2024, updating the court on the status of their negotiations regarding fees and costs, unless the parties file a stipulation of dismissal before then. The status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/22/23. (lce) (Entered: 11/22/2023) |
| 2023-12-14 | 23 | STIPULATION of Dismissal by AMERICA FIRST LEGAL FOUNDATION. (Field, Brian) (Entered: 12/14/2023) |
| 2023-12-14 | | MINUTE ORDER: Upon consideration of 23 Stipulation of Dismissal With Prejudice, this action is hereby DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 12/14/23. (lce) (Entered: 12/14/2023) |
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