Skip to content

Case Detail

[Subscribe to updates]
Case TitleFRIER & LEVITT LLC v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01537
Date Filed2023-05-30
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffFRIER & LEVITT LLC
Case DescriptionThe law firm of Frier & Levitt, that represents individuals and families eligible for death benefits because of the COVID-19 pandemic. submitted a FOIA request to the Department of Health and Human Services' Health Resources Services Administration for records concerning its obligations under the Prep Act. The agency acknowledged receipt of the request and told Frier & Leavitt that it had 1,010 responsive pages and the cost for copies would be $816.50. Frier & Leavitt agreed to pay the fee. However, after hearing nothing more from the agency, Frier & Leavitt 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
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-301COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10102878) filed by FRIER & LEVITT LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Civil Cover Sheet Civil Cover Sheet, # 9 Summons FOIA Summons)(Levitt, Jonathan) (Entered: 05/30/2023)
2023-05-302LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FRIER & LEVITT LLC (Levitt, Jonathan) (Entered: 05/30/2023)
2023-05-31Case Assigned to Judge Beryl A. Howell. (zrtw) (Entered: 05/31/2023)
2023-05-313SUMMONS (1) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 05/31/2023)
2023-05-31NOTICE OF ERROR re 1 Complaint; emailed to jlevitt@frierlevitt.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zrtw, ) (Entered: 05/31/2023)
2023-05-314STANDING ORDER. Signed by Judge Beryl A. Howell on May 31, 2023. (lcbah3) (Entered: 05/31/2023)
2023-06-025REQUEST FOR SUMMONS TO ISSUE by FRIER & LEVITT LLC filed by FRIER & LEVITT LLC. (Attachments: # 1 Summons)(Levitt, Jonathan) (Entered: 06/02/2023)
2023-06-066SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (zed) (Entered: 06/06/2023)
2023-06-087Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew J. Modafferi, Filing fee $ 100, receipt number ADCDC-10127426. Fee Status: Fee Paid. by FRIER & LEVITT LLC. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Text of Proposed Order)(Levitt, Jonathan) (Entered: 06/08/2023)
2023-06-13MINUTE ORDER (paperless) GRANTING plaintiff's 7 Motion for Admission of Attorney Pro Hac Vice . Matthew J. Modafferi may enter an appearance pro hac vice for the purpose of representing plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Beryl A. Howell on June 13, 2023. (lcbah3) (Entered: 06/13/2023)
2023-06-158NOTICE of Appearance by Matthew Modafferi on behalf of FRIER & LEVITT LLC (Modafferi, Matthew) (Entered: 06/15/2023)
2023-07-209ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Bardo, John) (Entered: 07/20/2023)
2023-08-0310Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 08/03/2023)
2023-08-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 10 Joint Status Report, the parties to file a joint status report by September 15, 2023, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 4, 2023. (lcbah1) (Entered: 08/04/2023)
2023-08-07Set/Reset Deadlines: Parties Joint Status Report due by 9/15/2023 (mac) (Entered: 08/07/2023)
2023-09-1511Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 09/15/2023)
2023-09-18MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 11 Joint Status Report, to file, by October 16, 2023, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on September 18, 2023. (lcbah1) (Entered: 09/18/2023)
2023-09-19Set/Reset Deadlines: Joint Status Report due by 10/16/2023 (mac) (Entered: 09/19/2023)
2023-10-1612Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 10/16/2023)
2023-10-17MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 12 Joint Status Report, to file a joint status report by December 15, 2023, informing the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 17, 2023. (lcbah1) (Entered: 10/17/2023)
2023-10-18Set/Reset Deadlines: Parties Joint Status Report due by 12/15/2023. (mac) (Entered: 10/18/2023)
2023-12-1513Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 12/15/2023)
2023-12-15MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 13 Joint Status Report, to file, by January 16, 2024, a joint status letter, advising the Court of the status of this matter and whether any disputes remain, and if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on December 15, 2023. (lcbah1) (Entered: 12/15/2023)
2023-12-18Set/Reset Deadlines: Parties Joint Status Letter due by 1/16/2024 (mac) (Entered: 12/18/2023)
2024-01-1614Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 01/16/2024)
2024-01-16MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 14 Joint Status Report, to file, by March 15, 2024, a joint status letter, advising the Court of the status of this matter and whether any disputes remain, and if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on January 16, 2024. (lcbah1) (Entered: 01/16/2024)
2024-01-17Set/Reset Deadlines: Joint Status Letter due by 3/15/2024 (mac) (Entered: 01/17/2024)
2024-03-1515Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (mg) (Entered: 03/18/2024)
2024-03-19MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 15 Joint Status Report, to file, by May 14, 2024, a joint status report, advising the Court of the status of this matter and whether any disputes remain, and if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on March 19, 2024. (lcbah1) (Entered: 03/19/2024)
2024-03-20Set/Reset Deadlines: Parties Joint Status Report due by 5/14/2024 (mac) (Entered: 03/20/2024)
2024-05-1416Joint STATUS REPORT by FRIER & LEVITT LLC. (Levitt, Jonathan) (Entered: 05/14/2024)
2024-05-14MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 16 Joint Status Report, to file, by August 12, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on May 14, 2024. (lcbah1) (Entered: 05/14/2024)
2024-05-15Set/Reset Deadlines: Joint Status Report due by 8/12/2024. (mac) (Entered: 05/15/2024)
2024-08-1217Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 08/12/2024)
2024-08-13MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 17 Joint Status Report, to file, by October 22, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on August 13, 2024. (lcbah1) (Entered: 08/13/2024)
2024-08-14Set/Reset Deadlines: Parties Joint Status Report due by 10/22/2024 (mac) (Entered: 08/14/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar