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Case TitleNew York Times Company et al v. U.S. Department of Health and Human Services,
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv09070
Date Filed2022-10-24
Date Closed2024-05-10
JudgeMagistrate Judge Barbara C. Moses
PlaintiffNew York Times Company
PlaintiffHannah Dreier
Case DescriptionNew York Times reporter Hannah Drier submitted FOIA requests to the Department of Health and Human Services for records concerning a database of unaccompanied child 30-day wellness calls and/or visits since January 2017. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the New York Times Company filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Health and Human Services,
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-10-241COMPLAINT against U.S. Department of Health and Human Services,. (Filing Fee $ 402.00, Receipt Number ANYSDC-26857030)Document filed by New York Times Company, Hannah Dreier..(McCraw, David) (Entered: 10/24/2022)
2022-10-242CIVIL COVER SHEET filed..(McCraw, David) (Entered: 10/24/2022)
2022-10-243REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health & Human Services, re: 1 Complaint. Document filed by Hannah Dreier, New York Times Company..(McCraw, David) (Entered: 10/24/2022)
2022-10-244RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hannah Dreier, New York Times Company..(McCraw, David) (Entered: 10/24/2022)
2022-10-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 10/25/2022)
2022-10-25Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 10/25/2022)
2022-10-25Case Designated ECF. (pc) (Entered: 10/25/2022)
2022-10-255ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services,..(pc) (Entered: 10/25/2022)
2022-10-266NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of Hannah Dreier, New York Times Company..(Sumar, Al-Amyn) (Entered: 10/26/2022)
2022-11-017ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby:ORDERED that, by November 15, 2022, the parties submit a joint letter, not to exceed five (5)pages, providing the following information in separate paragraphs: and further set forth in this Order. IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on November 22, 2022 at 4:00 p.m. If Defendant has not yet been properly served, has not filed a responsive pleading, and/or the parties otherwise seek to adjourn the conference, they shall notify the Court by no later than November 15, 2022. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. If Defendant has been properly served and the parties are available to proceed with an initial status conference prior to November 22, 2022, the parties shall notify the Court and propose an earlier date for the conference, as well as for submission of the status letter and proposed case management plan. Initial Conference set for 11/22/2022 at 04:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/1/2022) (rro) (Entered: 11/01/2022)
2022-11-158NOTICE OF APPEARANCE by Zachary Bannon on behalf of U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 11/15/2022)
2022-11-159STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 11/15/2022)
2022-11-1510PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Hannah Dreier, New York Times Company. Document filed by Hannah Dreier, New York Times Company..(McCraw, David) (Entered: 11/15/2022)
2022-11-1611MEMO ENDORSEMENT on re: 9 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: In light of the fact that the parties have consented to proceed before Magistrate Judge Moses for all proceedings, all future applications shall be decided by Judge Moses. (Signed by Judge Ronnie Abrams on 11/16/2022) (ate) (Entered: 11/16/2022)
2022-11-1612NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Hannah Dreier, New York Times Company, U.S. Department of Health and Human Services,. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Ronnie Abrams on 11/16/2022). (ate) (Entered: 11/16/2022)
2022-11-1713INITIAL CASE MANAGEMENT ORDER: The parties have consented to have a magistrate judge conduct all proceedings in this action pursuant to 28 U.S.C. § 636(c). All motions and applications must be made in compliance with Magistrate Judge Barbara Moses's Individual Practices, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. (And as further set forth herein.) SO ORDERED. Initial Conference set for 12/20/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/17/2022) (jca) (Entered: 11/17/2022)
2022-11-2814ANSWER to 1 Complaint. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 11/28/2022)
2022-12-1315STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 12/13/2022)
2022-12-1416MEMO ENDORSEMENT on re: 15 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The December 20, 2022 status conference is adjourned sine die. The parties shall submit a joint status update to the Court no later than January 20, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/14/2022) (rro) (Entered: 12/14/2022)
2023-01-2017STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 01/20/2023)
2023-01-2318MEMO ENDORSEMENT on re: 17 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than February 24, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/23/2023) (rro) (Entered: 01/23/2023)
2023-02-2419STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 02/24/2023)
2023-02-2420MEMO ENDORSEMENT on re: 19 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than April 7, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/24/2023) (rro) (Entered: 02/24/2023)
2023-04-0721STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 04/07/2023)
2023-04-1022MEMO ENDORSEMENT on re: 21 Status Report filed by U.S. Department of Health and Human Service. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later May 19, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/10/2023) (rro) (Entered: 04/10/2023)
2023-05-1923STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 05/19/2023)
2023-05-2224MEMO ENDORSEMENT on re: 23 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than June 30, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/22/2023) (rro) (Entered: 05/22/2023)
2023-06-2225STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 06/22/2023)
2023-06-2626MEMO ENDORSEMENT: on re: 25 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than July 27, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/26/2023) (ama) (Entered: 06/26/2023)
2023-07-2627STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 07/26/2023)
2023-07-2728MEMO ENDORSEMENT on re: 27 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than September 29, 2023. Moving forward, the parties' status updates need only include FOIA requests (or sub-requests) to which responses remain outstanding. (Signed by Magistrate Judge Barbara C. Moses on 7/27/2023) (rro) (Entered: 07/27/2023)
2023-09-2929STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 09/29/2023)
2023-10-0230MEMO ENDORSEMENT on re: 29 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT Application GRANTED. The parties shall provide a status update no later than November 29, 2023. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/2/2023) (jca) (Entered: 10/02/2023)
2023-11-2931STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 11/29/2023)
2023-11-3032MEMO ENDORSEMENT on re: 31 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than February 23, 2024. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/30/2023) (rro) (Entered: 11/30/2023)
2024-02-2833STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 02/28/2024)
2024-02-2934MEMO ENDORSEMENT on re: 33 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than May 1, 2024. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/29/2024) (va) (Entered: 02/29/2024)
2024-05-0135STATUS REPORT. Document filed by U.S. Department of Health and Human Services,..(Bannon, Zachary) (Entered: 05/01/2024)
2024-05-0236MEMO ENDORSEMENT on re: 35 Status Report filed by U.S. Department of Health and Human Services. ENDORSEMENT: Application GRANTED. The parties shall provide a status update no later than July 1, 2024. SO ORDERED., (Signed by Magistrate Judge Barbara C. Moses on 5/2/24) (yv) (Entered: 05/02/2024)
2024-05-0737FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) U.S. Department of Health and Human Services, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by New York Times Company, Hannah Dreier. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McCraw, David) Modified on 5/8/2024 (km). (Entered: 05/07/2024)
2024-05-08***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David McCraw to RE-FILE Document 37 Stipulation of Voluntary Dismissal. Use the event type Proposed Orders, Proposed Stipulation and Order. (km) (Entered: 05/08/2024)
2024-05-0838PROPOSED STIPULATION AND ORDER. Document filed by Hannah Dreier, New York Times Company..(McCraw, David) (Entered: 05/08/2024)
2024-05-1039STIPULATION AND ORDER OF DISMISSAL: IT IS NOW HEREBY STIPULATED AND AGREED AS FOLLOWS: HHS's Productions' fully resolve any and all claims that The Times now has or may hereinafter acquire against HHS or the United States of America (the "United States"), or any department, agency, officer, or employee of HHS and/or the United States, arising from the Requests; 2. The Complaint shall be dismissed with prejudice pursuant to Fed. R. Civ. P.41(a)(l)(A)(ii), with each party to bear its own fees and costs; SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/10/24) (yv) (Entered: 05/10/2024)
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