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Case TitleFINKELSTEIN v. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02435
Date Filed2022-08-16
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffKATHERINE EBAN FINKELSTEIN
Case DescriptionJournalist Katherine Finkelstein submitted a FOIA request to the Department of Health and Human Services for records concerning Mount Sinai research documents. The agency acknowledged receipt of the request and asked Finkelstein to narrow her request. Finkelstein agreed to narrow her request but after hearing nothing further from the agency, Finkelstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. 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
Complaint attachment 11
Complaint attachment 12
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-161COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9447035) filed by KATHERINE EBAN FINKELSTEIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to HHS, # 3 Summons to USAO-DC, # 4 Summons to USAG, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8)(Sorenson, C.) (Entered: 08/16/2022)
2022-08-18Case Assigned to Judge Carl J. Nichols. (znmg) (Entered: 08/18/2022)
2022-08-182SUMMONS (3) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 08/18/2022)
2022-08-223STANDING ORDER. Signed by Judge Carl J. Nichols on August 22, 2022. (lccjn2) (Entered: 08/22/2022)
2022-09-194NOTICE of Appearance by Marsha Wellknown Yee on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Yee, Marsha) (Entered: 09/19/2022)
2022-09-285ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Yee, Marsha) (Entered: 09/28/2022)
2022-09-29MINUTE ORDER. Before the Court are a Complaint and Defendant's Answer. Accordingly, the Plaintiff and Defendant shall meet and confer to discuss each of the matters set forth in Local Civil Rule 16.3(c). The Parties shall submit a Joint Meet and Confer Report addressing all topics listed in Local Civil Rule 16.3(c) on or before October 26, 2022. The Parties shall also submit a proposed scheduling order pursuant to Local Civil Rule 16.3(d). After submission of the Joint Meet and Confer Report, the Court will, if necessary, schedule an Initial Scheduling Conference. Following submission of the Joint Meet and Confer Report or following the Initial Scheduling Conference, the Court will issue a Scheduling Order governing proceedings in the case. Signed by Judge Carl J. Nichols on September 29, 2022. (lccjn2) (Entered: 09/29/2022)
2022-09-29Set/Reset Deadlines: Meet & Confer Statement due by 10/26/2022. (zcal) (Entered: 10/05/2022)
2022-10-266Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 10/26/2022)
2022-10-287RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/29/2022. Answer due for ALL FEDERAL DEFENDANTS by 9/28/2022. (Sorenson, C.) (Entered: 10/28/2022)
2022-10-288RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/29/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/29/2022. (See Docket Entry 7 to view document). (zed) (Entered: 11/02/2022)
2022-11-08MINUTE ORDER. Upon review of the 6 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report on or before February 1, 2023, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on November 8, 2022. (lccjn2) (Entered: 11/08/2022)
2022-11-08Set/Reset Deadlines: Joint Status Report due by 2/1/2023. (zcal) (Entered: 11/08/2022)
2023-01-319Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 01/31/2023)
2023-03-1610Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 03/16/2023)
2023-05-1511Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 05/15/2023)
2023-06-2212Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 06/22/2023)
2023-08-1613Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 08/16/2023)
2023-10-1214Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 10/12/2023)
2023-12-1115Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 12/11/2023)
2024-02-0916Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN. (Sorenson, C.) (Entered: 02/09/2024)
2024-02-0917NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Marsha Wellknown Yee (Valdivia, Diana) (Entered: 02/09/2024)
2024-03-2118NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Diana V. Valdivia (Stratton, Kimberly) (Entered: 03/21/2024)
2024-04-0919Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Stratton, Kimberly) (Entered: 04/09/2024)
2024-06-1020Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Stratton, Kimberly) (Entered: 06/10/2024)
2024-08-06MINUTE ORDER. Upon review of the 20 Joint Status Report, the Court imposes the following deadlines regarding Plaintiff's forthcoming motion for attorney fees and costs: Plaintiff shall file its motion for attorney fees and costs on or before September 2, 2024; Defendant shall file its response to that motion on or before September 30, 2024; Plaintiff shall file its reply in support of its motion on or before October 28, 2024. So ORDERED by Judge Carl J. Nichols on August 6, 2024. (lccjn2) (Entered: 08/06/2024)
2024-08-3021MOTION for Attorney Fees and Costs by KATHERINE EBAN FINKELSTEIN. (Attachments: # 1 Text of Proposed Order, # 2 Certificate 7(m), # 3 Declaration Eban Finkelstein, # 4 Declaration Spano, # 5 Declaration Sorenson, # 6 Exhibit 101, # 7 Exhibit 102, # 8 Exhibit 103, # 9 Exhibit 104, # 10 Exhibit 105, # 11 Exhibit 106, # 12 Exhibit 107, # 13 Memorandum in Support)(Sorenson, C.) (Entered: 08/30/2024)
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