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Case TitleNEW CIVIL LIBERTIES ALLIANCE v. DEPARTMENT OF HEALTH & HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02188
Date Filed2022-07-25
Date Closed2022-11-22
JudgeJudge Trevor N. McFadden
PlaintiffNEW CIVIL LIBERTIES ALLIANCE
Case DescriptionThe New Civil Liberties Alliance submitted a FOIA request to the Department od Health and Human Services for records concerning communications of 16 HHS employees pertaining to an RFI issued by the Surgeon General pertaining to sources of misinformation related to COVID-19. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NCLA filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH & HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-251COMPLAINT against DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9393878) filed by NEW CIVIL LIBERTIES ALLIANCE. (Attachments: # 1 Exhibit Exhibits A-F, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Rollins, Kara) (Attachment 2 replaced on 7/27/2022) (zmrl). (Entered: 07/25/2022)
2022-07-27Case Assigned to Judge Trevor N. McFadden. (zmrl) (Entered: 07/27/2022)
2022-07-272SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 07/27/2022)
2022-07-273STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 7/27/2022. (lctnm3) (Entered: 07/27/2022)
2022-07-28NOTICE OF ERROR re 1 Complaint; emailed to kara.rollins@ncla.legal, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmrl, ) (Entered: 07/28/2022)
2022-07-284ERRATA correcting caption in conformity with LCvR 5.1(c) by NEW CIVIL LIBERTIES ALLIANCE re 1 Complaint, filed by NEW CIVIL LIBERTIES ALLIANCE. (Attachments: # 1 Errata)(Rollins, Kara) (Entered: 07/28/2022)
2022-08-045LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW CIVIL LIBERTIES ALLIANCE (Rollins, Kara) (Entered: 08/04/2022)
2022-08-236NOTICE of Appearance by Erika Kirstie Oblea on behalf of DEPARTMENT OF HEALTH & HUMAN SERVICES (Oblea, Erika) (Entered: 08/23/2022)
2022-08-237Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond to Complaint by DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 08/23/2022)
2022-08-23MINUTE ORDER granting 7 Consent Motion for Extension of Time to File Answer. Defendant shall file its Answer on or before October 3, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/23/2022. (lctnm3) (Entered: 08/23/2022)
2022-08-23Set/Reset Deadlines: Answer due by 10/3/2022. (hmc) (Entered: 08/23/2022)
2022-09-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/1/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2022. (Rollins, Kara) (Entered: 09/20/2022)
2022-09-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 8/1/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/1/2022. (See Docket Entry 8 to view document). (zed) (Entered: 09/23/2022)
2022-10-0310ANSWER to Complaint by DEPARTMENT OF HEALTH & HUMAN SERVICES.(Oblea, Erika) (Entered: 10/03/2022)
2022-10-03MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before December 3, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/3/2022. (lctnm3) (Entered: 10/03/2022)
2022-10-04Set/Reset Deadlines: Joint Status Report due by 12/3/2022. (hmc) (Entered: 10/04/2022)
2022-11-2211STIPULATION of Dismissal by NEW CIVIL LIBERTIES ALLIANCE. (Rollins, Kara) (Entered: 11/22/2022)
2022-11-22MINUTE ORDER: Upon consideration of the 11 Stipulation of Dismissal, this case is hereby DISMISSED without prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/2022. (lctnm3) (Entered: 11/22/2022)
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