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Case TitleLavelle v. U.S. Department of Health and Human Services
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv01040
Date Filed2023-03-08
Date ClosedOpen
JudgeMagistrate Judge Laurel Beeler
PlaintiffKristin Lavelle
Case DescriptionKristin Lavelle, a plaintiff in a case involving Food & Water Watch, submitted FOIA requests to the Department of Health and Human Services for records. The agency acknowledged receipt of the requests and provided some records but redacted others. Lavelle filed administrative appeals but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-081COMPLAINT for Declaratory and Injunctive Relief against U.S. Department of Health and Human Services ( Filing fee $ 402, receipt number ACANDC-18053132.). Filed byKristin Lavelle. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Connett, Michael) (Filed on 3/8/2023) (Entered: 03/08/2023)
2023-03-082Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/22/2023. (ark, COURT STAFF) (Filed on 3/8/2023) (Entered: 03/08/2023)
2023-03-083Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/1/2023. Initial Case Management Conference set for 6/8/2023 11:00 AM in San Francisco, Courtroom B, 15th Floor. (slh, COURT STAFF) (Filed on 3/8/2023) (Entered: 03/08/2023)
2023-03-084Summons Issued as to U.S. Department of Health and Human Services. (slh, COURT STAFF) (Filed on 3/8/2023) (Entered: 03/08/2023)
2023-03-165CERTIFICATE OF SERVICE by Kristin Lavelle (Connett, Michael) (Filed on 3/16/2023) (Entered: 03/16/2023)
2023-03-166AFFIDAVIT of Service for Summons, Complaint & Other Initiating Documents served on Defendant on March 10, 2023, filed by Kristin Lavelle. (Connett, Michael) (Filed on 3/16/2023) (Entered: 03/16/2023)
2023-03-297CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms . Consent/Declination due by 4/12/2023 . (ejk, COURT STAFF) (Filed on 3/29/2023) (Entered: 03/29/2023)
2023-04-018CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kristin Lavelle.. (Connett, Michael) (Filed on 4/1/2023) (Entered: 04/01/2023)
2023-04-049*Erroneous Entry - Please disregard STATUS REPORT by Kristin Lavelle. (Connett, Michael) (Filed on 4/4/2023) Modified on 4/5/2023 (slh, COURT STAFF). (Entered: 04/04/2023)
2023-04-2810NOTICE of Appearance by Emmet P. Ong (Ong, Emmet) (Filed on 4/28/2023) (Entered: 04/28/2023)
2023-04-2811ANSWER to Complaint byU.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 4/28/2023) (Entered: 04/28/2023)
2023-04-2812CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Health and Human Services.. (Ong, Emmet) (Filed on 4/28/2023) (Entered: 04/28/2023)
2023-05-1813ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Connett, Michael) (Filed on 5/18/2023) (Entered: 05/18/2023)
2023-05-1814ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ong, Emmet) (Filed on 5/18/2023) (Entered: 05/18/2023)
2023-06-0115JOINT CASE MANAGEMENT STATEMENT filed by Kristin Lavelle. (Connett, Michael) (Filed on 6/1/2023) (Entered: 06/01/2023)
2023-06-0116CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Pursuant to the parties' request, the court resets the Initial Case Management Conference previously set for 6/8/2023 to 8/3/2023 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/27/2023. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 6/1/2023) (Entered: 06/01/2023)
2023-07-2717JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 7/27/2023) (Entered: 07/27/2023)
2023-07-2818CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 8/3/2023 is reset to 9/21/2023 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 9/14/2023. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 7/28/2023) (Entered: 07/28/2023)
2023-09-1419JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 9/14/2023) (Entered: 09/14/2023)
2023-09-1420ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Initial Case Management Conference previously set for 9/21/2023 is reset to 11/9/2023 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 11/2/2023. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Signed by Judge Laurel Beeler on 09/14/2023. (ejk, COURT STAFF) (Filed on 9/14/2023) (Entered: 09/14/2023)
2023-11-0221JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 11/2/2023) (Entered: 11/02/2023)
2023-11-0622CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 11/9/2023 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 11/6/2023) (Entered: 11/06/2023)
2023-11-0923Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held via Zoom on 11/9/2023. (Not Reported). Total Time in Court: 2 minutes. Plaintiff's Attorney: Michael P. Connett. Defendant's Attorney: Emmet Ong. Further Case Management Conference set for 1/18/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 1/11/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 11/9/2023) (Entered: 11/09/2023)
2024-01-1124JOINT CASE MANAGEMENT STATEMENT WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 1/11/2024) (Entered: 01/11/2024)
2024-01-1225CLERK'S NOTICE: Continuing Case Management Conference presently scheduled for 1/18/2024: The Case Management Conference is rescheduled to: 3/21/2024 at 11:00 AM in San Francisco, - Videoconference Only with a short updated Case Management Statement due by 3/14/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/12/2024)
2024-03-1426JOINT CASE MANAGEMENT STATEMENT WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 3/14/2024) (Entered: 03/14/2024)
2024-03-1527CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the parties' update, the court resets the Initial Case Management Conference, previously set for 3/21/2024, to 4/25/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 4/18/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 3/15/2024) (Entered: 03/16/2024)
2024-04-1828JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 4/18/2024) (Entered: 04/18/2024)
2024-04-1829CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 4/25/2024 is reset to 6/20/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/13/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 4/18/2024) (Entered: 04/18/2024)
2024-06-1330JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 6/13/2024) (Entered: 06/13/2024)
2024-06-1331ORDER to Continue Case Management Conference. Initial Case Management Conference previously set for 6/20/2024 is reset to 7/25/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 7/18/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Signed by Judge Laurel Beeler on 06/13/2024. (ejk, COURT STAFF) (Filed on 6/13/2024) (Entered: 06/13/2024)
2024-07-1532CLERK'S NOTICE RESETTING CASE MANAGMENT CONFERENCE: Initial Case Management Conference previously set for 7/25/2024 is reset to 8/8/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 8/1/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 7/15/2024) (Entered: 07/15/2024)
2024-07-2533JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Health and Human Services. (Ong, Emmet) (Filed on 7/25/2024) (Entered: 07/25/2024)
2024-07-2634CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the parties' update, the court resets the Initial Case Management Conference previously set for 8/8/2024 to 10/17/2024 at 11:00 AM in San Francisco - Videoconference Only. Case Management Statement due by 10/10/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (ejk, COURT STAFF) (Filed on 7/26/2024) (Entered: 07/26/2024)
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