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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03051
Date Filed2022-10-07
Date Closed2024-08-23
JudgeJudge Dabney L. Friedrich
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the National Institute of Health for records concerning communications concerning human fetal tissue research collection between the Office of Extramural Research and the University of Pittsburgh, the University of Pittsburgh Medical Center, the National Abortion Federation, and Planned Parenthood. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
AppealD.C. Circuit 24-5241
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-071COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9585270) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Health and Human Services, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney)(Di Liberto, Meredith) (Entered: 10/07/2022)
2022-10-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Di Liberto, Meredith) (Entered: 10/07/2022)
2022-10-11Case Assigned to Judge Dabney L. Friedrich. (znmg) (Entered: 10/11/2022)
2022-10-113SUMMONS (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)(znmg) (Entered: 10/11/2022)
2022-10-114STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on October 11, 2022. (lcdlf1) (Entered: 10/11/2022)
2022-10-275RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/13/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 11/12/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/20/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/19/2022 (Attachments: # 1 Affidavit Brooke Paz)(Di Liberto, Meredith) (Entered: 10/27/2022)
2022-11-086NOTICE of Appearance by Thomas Anthony Quinn on behalf of All Defendants (Quinn, Thomas) (Entered: 11/08/2022)
2022-11-107ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Quinn, Thomas) (Entered: 11/10/2022)
2022-11-10MINUTE ORDER requiring the parties to MEET AND CONFER and file a joint status report proposing a schedule for further proceedings. The status report should address the status of the plaintiff's FOIA request, including the anticipated number of documents responsive to the request and the anticipated date(s) for release of the requested documents. The parties shall file the joint status report on or before December 1, 2022. Signed by Judge Dabney L. Friedrich on November 10, 2022. (lcdlf1) (Entered: 11/10/2022)
2022-11-308Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Quinn, Thomas) (Entered: 11/30/2022)
2022-12-01MINUTE ORDER. Upon consideration of the parties' 8 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before January 30, 2023. So Ordered by Judge Dabney L. Friedrich on December 1, 2022. (lcdlf1) (Entered: 12/01/2022)
2023-01-129NOTICE OF SUBSTITUTION OF COUNSEL by Joshua Ontell on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney T. Anthony Quinn (Ontell, Joshua) (Entered: 01/12/2023)
2023-01-3010Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Di Liberto, Meredith) (Entered: 01/30/2023)
2023-01-30MINUTE ORDER. Upon consideration of the parties' 10 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before April 7, 2023. So Ordered by Judge Dabney L. Friedrich on January 30, 2023. (lcdlf1) (Entered: 01/30/2023)
2023-04-0411Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Di Liberto, Meredith) (Entered: 04/04/2023)
2023-04-04MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before June 7, 2023. So Ordered by Judge Dabney L. Friedrich on April 4, 2023. (lcdlf1) (Entered: 04/04/2023)
2023-04-0712NOTICE OF SUBSTITUTION OF COUNSEL by M. Jared Littman on behalf of All Defendants Substituting for attorney Joshua Ontell (Littman, M.) (Entered: 04/07/2023)
2023-06-0613Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 06/06/2023)
2023-06-06MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before August 7, 2023. So Ordered by Judge Dabney L. Friedrich on June 6, 2023. (lcdlf1) (Entered: 06/06/2023)
2023-07-2114Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 07/21/2023)
2023-07-21MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is ORDERED that the parties shall file another joint status report on or before September 6, 2023. SO ORDERED by Judge Dabney L. Friedrich on July 21, 2023. (lcdlf1) (Entered: 07/21/2023)
2023-07-21Set/Reset Deadlines: Status Report due by 9/6/2023 (zjch, ) (Entered: 07/24/2023)
2023-09-0315Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 09/03/2023)
2023-09-04MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is ORDERED as follows: the defendant shall file a motion for summary judgment on or before November 6, 2023. The plaintiff shall file an opposition and cross-motion for summary judgment on or before January 25, 2024. The defendant shall file a reply and cross-opposition on or before February 24, 2024. The plaintiff shall file a cross-reply on or before March 27, 2024. So Ordered by Judge Dabney L. Friedrich on September 4, 2023. (lcdlf1) (Entered: 09/04/2023)
2023-09-04Set/Reset Deadlines: Cross Motions due by 1/25/2024. Response to Cross Motions due by 2/24/2024. Reply to Cross Motions due by 3/27/2024. Summary Judgment motions due by 11/6/2023. Response to Motion for Summary Judgment due by 1/25/2024. Reply to Motion for Summary Judgment due by 2/24/2024. (zjch, ) (Entered: 09/05/2023)
2023-11-0616MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts Defendant's Statement of Undisputed Material Facts, # 2 Exhibit Exhibit 1 - Garcia-Malene Declaration, # 3 Exhibit Exhibit 2- FOIA Request, # 4 Exhibit Exhibit 3 - Complete Response Letter, # 5 Exhibit Exhibit 4 - Pages 46-47)(Littman, M.) (Entered: 11/06/2023)
2024-01-2517Memorandum in opposition to re 16 Motion for Summary Judgment, (With Response to Def's Statement of Material Facts) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration of Meredith Di Liberto (with Exhibits 1-6), # 2 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 01/25/2024)
2024-01-2518Cross MOTION for Summary Judgment (with Plf's Statement of Material Facts) by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration of Meredith Di Liberto (with Exhibits 1-6), # 2 Text of Proposed Order)(Di Liberto, Meredith) (Entered: 01/25/2024)
2024-02-2319REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 02/23/2024)
2024-02-2320Memorandum in opposition to re 18 Motion for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts Defendant's Response to Plaintiff's Further Statement of Material Facts)(Littman, M.) (Entered: 02/23/2024)
2024-03-2721REPLY to opposition to motion re 18 Cross MOTION for Summary Judgment (with Plf's Statement of Material Facts) , 16 MOTION for Summary Judgment (Reply in Support of Plaintiff's Cross-Motion) filed by JUDICIAL WATCH, INC.. (Di Liberto, Meredith) (Entered: 03/27/2024)
2024-05-1022NOTICE to Supplement the Record by JUDICIAL WATCH, INC. re 18 Motion for Summary Judgment, 16 Motion for Summary Judgment, (Di Liberto, Meredith) (Entered: 05/10/2024)
2024-05-13MINUTE ORDER. Upon consideration of the plaintiff's 22 Notice to Supplement the Record, it is ORDERED that on or before May 20, 2024, the defendant shall file a status report informing the Court what, if any, effect Center for Medical Progress v. HHS , No. 23-5224, has on this case and whether supplemental, or entirely new, summary-judgment briefing is required. So Ordered by Judge Dabney L. Friedrich on May 13, 2024. (lcdlf2) (Entered: 05/13/2024)
2024-05-1423STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 05/14/2024)
2024-05-1624REPLY re 23 Status Report (Plaintiff's Reply to Defendant's Status Report) (w/ exhibit) filed by JUDICIAL WATCH, INC.. (Di Liberto, Meredith) (Entered: 05/16/2024)
2024-08-2325ORDER granting the defendant's 16 Motion for Summary Judgment, and denying the plaintiff's 18 Cross Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 23, 2024. (lcdlf1) (Entered: 08/23/2024)
2024-08-2326MEMORANDUM OPINION regarding the defendant's 16 Motion for Summary Judgment and the plaintiff's 18 Cross Motion for Summary Judgment. See text for details. Signed by Judge Dabney L. Friedrich on August 23, 2024. (lcdlf1) (Entered: 08/23/2024)
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