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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02155
Date Filed2023-07-25
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted two FOIA requests. to the Department of Health and Human Services. The first request asked for records about the report submitted by the Reagan-Udall Foundation to the FDA pertaining to the regulation of tobacco products. FGI also requested a fee waiver. The agency acknowledged receipt of the request. FGI's second FOIA request asked for records pertaining to tobacco and nicotine products manufactured by the 22nd Century Group. FGI also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency concerning either request, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH & 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-251COMPLAINT against U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10229098) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons HHS Summons, # 3 Summons AG Summons, # 4 Summons US Atty Summons, # 5 Supplement Exhibit List, # 6 Exhibit Ex. 1, # 7 Exhibit Ex. 2, # 8 Exhibit Ex. 3, # 9 Exhibit Ex. 4, # 10 Exhibit Ex. 5)(Bartkowski, Paul) (Entered: 07/25/2023)
2023-07-25Case Assigned to Judge Royce C. Lamberth. (zljn) (Entered: 07/25/2023)
2023-07-252SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 07/25/2023)
2023-09-263NOTICE of Appearance by Erika Kirstie Oblea on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Oblea, Erika) (Entered: 09/26/2023)
2023-09-264Consent MOTION for Extension of Time to File Answer re 1 Complaint, or Otherwise Respond by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 09/26/2023)
2023-09-275ORDER granting Motion 4 for Extension of Time to Answer Complaint: It is hereby ORDERED that the motion is GRANTED and defendant shall respond to the complaint by 11/14/2023. Signed by Judge Royce C. Lamberth on 09/27/2023. (lcrcl3) (Entered: 09/27/2023)
2023-11-146ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Oblea, Erika) (Entered: 11/14/2023)
2023-11-217MEET & CONFER ORDER. Signed by Judge Royce C. Lamberth on 12/7/2023. (lcrcl3) (Main Document 7 replaced on 12/7/2023) (zsmc). (Entered: 11/21/2023)
2023-12-208Joint STATUS REPORT with proposed order by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 12/20/2023)
2023-12-209MOTION to Stay Production by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 8 to view document). (znmw) (Entered: 12/20/2023)
2023-12-2110ORDER granting Motion 9 to Stay; Set/Reset Deadlines: It is hereby ORDERED that the motion is GRANTED. The parties shall file a status report on or before 02/20/2024. It is further ORDERED that the submission of a Vaughn index and dispositive motion are hereby STAYED pending further order of the Court. Signed by Judge Royce C. Lamberth on 12/21/2023. (lcrcl3) (Entered: 12/21/2023)
2024-02-2011Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 02/20/2024)
2024-02-2712ORDER: The parties shall file a status report on or before 04/20/2024. The submission of a Vaughn index and dispositive motion will continue to be stayed pending further order of the Court. Signed by Judge Royce C. Lamberth on 02/27/2024. (lcrcl3) (Entered: 02/27/2024)
2024-04-2013Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 04/20/2024)
2024-05-1014ORDER: The parties shall file a status report on or before 06/20/2024. The submission of a Vaughn index and dispositive motion will continue to be stayed pending further order of the Court. Signed by Judge Royce C. Lamberth on 05/10/2024. (lcrcl3) (Entered: 05/10/2024)
2024-06-1415LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FUNCTIONAL GOVERNMENT INITIATIVE (Bartkowski, Paul) (Entered: 06/14/2024)
2024-06-1416NOTICE re 15 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests. (Bartkowski, Paul) Modified event on 6/17/2024 (znmw). (Entered: 06/14/2024)
2024-06-2017Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Oblea, Erika) (Entered: 06/20/2024)
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by FOIA Project Staff
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