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Case TitleUS Right to Know v. U.S. Department of Health and Human Services et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv04120
Date Filed2023-08-14
Date ClosedOpen
JudgeMagistrate Judge Peter H Kang
PlaintiffUS Right to Know
Case DescriptionU.S. Right to Know submitted two FOIA requests to the Centers for Disease Control for records. The first FOIA request asked for records concerning government efforts to understand the origins of the 2014-2016 Ebola epidemic in West Africa. USTRK also requested a fee waiver. The agency acknowledged receipt of the request. The agency told USTRK that its request was too burdensome to search. USTRK's second FOIA request to the Department of Health and Human Services for records concerning a former HHS employee. The agency acknowledged receipt of the request. After hearing nothing further from the agency pertaining to either request, USTRK filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Health and Human Services
DefendantU.S. Centers for Disease Control and Prevention
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-141COMPLAINT against U.S. Department of Health and Human Services, U.S. Centers for Disease Control and Prevention (Filing fee $ 402, receipt number ACANDC-18544240). Filed by US Right to Know. (Attachments: # 1 Exhibit Exhibit A to Complaint, # 2 Exhibit Exhibit B to Complaint, # 3 Civil Cover Sheet)(Rivo, Lily) (Filed on 8/14/2023) Modified on 8/15/2023 (slh, COURT STAFF). (Entered: 08/14/2023)
2023-08-142Proposed Summons. (Attachments: # 1 A to Summons HHS)(Rivo, Lily) (Filed on 8/14/2023) (Entered: 08/14/2023)
2023-08-143Proposed Summons. (Attachments: # 1 A to Summons CDC)(Rivo, Lily) (Filed on 8/14/2023) (Entered: 08/14/2023)
2023-08-144Corporate Disclosure Statement by US Right to Know (Rivo, Lily) (Filed on 8/14/2023) (Entered: 08/14/2023)
2023-08-145Case assigned to Magistrate Judge Peter H Kang. 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 8/28/2023. (kmg, COURT STAFF) (Filed on 8/14/2023) (Entered: 08/15/2023)
2023-08-156Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/9/2023. Initial Case Management Conference set for 11/16/2023 at 10:30 AM in San Francisco, Courtroom F, 15th Floor. (slh, COURT STAFF) (Filed on 8/15/2023) (Entered: 08/15/2023)
2023-08-157Summons Issued as to U.S. Department of Health and Human Services, U.S. Attorney and U.S. Attorney General (slh, COURT STAFF) (Filed on 8/15/2023) (Entered: 08/15/2023)
2023-08-158Summons Issued as to U.S. Centers for Disease Control and Prevention, U.S. Attorney and U.S. Attorney General (slh, COURT STAFF) (Filed on 8/15/2023) (Entered: 08/15/2023)
2023-08-249SUMMONS Returned Executed by US Right to Know. U.S. Department of Health and Human Services served on 8/24/2023, answer due 10/23/2023. For the Attorney General of the United States (Blome, Jessica) (Filed on 8/24/2023) (Entered: 08/24/2023)
2023-08-2410SUMMONS Returned Executed by US Right to Know. U.S. Department of Health and Human Services served on 8/23/2023, answer due 10/23/2023. For the U.S. Department of Health and Human Services (Blome, Jessica) (Filed on 8/24/2023) (Entered: 08/24/2023)
2023-08-2811SUMMONS Returned Executed (FOIA) by US Right to Know. U.S. Department of Health and Human Services served on 8/18/2023, answer due 10/23/2023. To the U.S. Attorney's Office (Blome, Jessica) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-08-2812SUMMONS Returned Executed (FOIA) by US Right to Know. U.S. Centers for Disease Control and Prevention served on 8/24/2023, answer due 9/25/2023. To the U.S. Attorney General (Blome, Jessica) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-08-2813SUMMONS Returned Executed (FOIA) by US Right to Know. U.S. Centers for Disease Control and Prevention served on 8/21/2023, answer due 9/25/2023. To the U.S. CDC (Blome, Jessica) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-08-2814SUMMONS Returned Executed (FOIA) by US Right to Know. U.S. Centers for Disease Control and Prevention served on 8/18/2023, answer due 9/25/2023. To the U.S. Attorney's Office (Blome, Jessica) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-08-2915CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Right to Know.. (Rivo, Lily) (Filed on 8/29/2023) (Entered: 08/29/2023)
2023-09-0116CLERK'S NOTICE Re: Consent or Declination: Defendants 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 . (Parties were also notified via telephone or email.) Consent/Declination due by 9/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 9/1/2023) (Entered: 09/01/2023)
2023-09-0617STIPULATION to Continue Response Deadline filed by U.S. Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Friend, Molly) (Filed on 9/6/2023) (Entered: 09/06/2023)
2023-09-1518NOTICE of Substitution of Counsel by Jessica Blome to Rachel S. Doughty (Blome, Jessica) (Filed on 9/15/2023) (Entered: 09/15/2023)
2023-09-2919ANSWER to Complaint byU.S. Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Friend, Molly) (Filed on 9/29/2023) (Entered: 09/29/2023)
2023-10-0320CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 . (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/17/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 10/3/2023) (Entered: 10/03/2023)
2023-10-1121CLERK'S NOTICE Re: Consent or Declination: Defendants 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 . (Party was also notified via telephone or email.) Consent/Declination due by 10/17/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 10/11/2023) (Entered: 10/11/2023)
2023-10-1822CLERK'S NOTICE ADVANCING INITIAL CASE MANAGEMENT CONFERENCE HEARING: Due to Court scheduling issues, the Initial Case Management Conference in this mater is HEREBY ADVANCED from November 16, 2023 at 10:30 AM to November 13, 2023, at 2:00 PM, in-person, on Floor 15, Courtroom F in the San Francisco courthouse, before Judge Kang. Counsel for the Parties shall check-in with the Courtroom Deputy prior to the start of the Case Management Conference. The Parties' Joint Case Management Statement is now due on or before November 6, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 10/18/2023) (Entered: 10/18/2023)
2023-10-1823CLERK'S NOTICE Re: Consent or Declination: Defendants 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 . (Party was also notified via telephone or email.) Consent/Declination due by 11/1/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 10/18/2023) (Entered: 10/18/2023)
2023-10-2024CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Centers for Disease Control and Prevention, U.S. Department of Health and Human Services.. (Friend, Molly) (Filed on 10/20/2023) (Entered: 10/20/2023)
2023-10-2425ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Doughty, Rachel) (Filed on 10/24/2023) (Entered: 10/24/2023)
2023-11-0126ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Friend, Molly) (Filed on 11/1/2023) (Entered: 11/01/2023)
2023-11-0327STIPULATION WITH PROPOSED ORDER to Continue CMC filed by U.S. Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Friend, Molly) (Filed on 11/3/2023) (Entered: 11/03/2023)
2023-11-0828[IN-CHAMBERS TEXT ONLY ORDER] The Court has reviewed the Parties' Joint Stipulation. Dkt. 27 . Pursuant to the Parties' stipulation, and good cause having been shown, the stipulation is GRANTED-IN-PART . The Initial Case Management Conference currently set for November 13, 2023, is VACATED , along with all associated deadlines. The Court SETS the Initial Case Management Conference for March 14, 2024. Further, the Parties are ORDERED to file a joint status report on the progress of the FOIA request and production on March 4, 2024. Additionally, the Parties' Initial Disclosure and Rule 26(f) deadlines are VACATED to be set at a later date by the Court. Signed by Judge Peter H. Kang. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 11/8/2023) (Entered: 11/08/2023)
2024-03-0429JOINT CASE MANAGEMENT STATEMENT filed by U.S. Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Friend, Molly) (Filed on 3/4/2024) (Entered: 03/04/2024)
2024-03-0830[IN-CHAMBERS TEXT ONLY ORDER]: The Court is in receipt of the Parties' Joint Case Management Statement. Dkt. 29 . In the Joint Case Management Statement, Plaintiff requests the Court set March 29, 2024, as a deadline by which Defendant CDC must produce the Vaughn index and requests the Court continue the Case Management Conference to April 18, 2024. Id. at 5. Defendant avers that it is continuing to work towards completing the Vaughn index request and does not believe any further scheduling is necessary at this time. Id. Defendant is silent on Plaintiff's request to continue the Case Management Conference to April 18, 2024. Id. For the above reasons and due to the Court's schedule, the Court VACATES the Initial Case Management Conference currently set for March 14, 2024. See Dkt. 28 . The Court RE-SETS the Initial Case Management Conference for April 30, 2024, at 2:00 PM. Additionally, the Parties are ORDERED to refile a case management statement which discusses the status of the Vaughn index and any other progress on the FOIA requests on or before April 19, 2024. Signed by Judge Peter H. Kang on March 8, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 3/8/2024) (Entered: 03/08/2024)
2024-03-08Set/Reset Hearing and Deadines. Initial Case Management Conference reset from 3/14/2024 to 4/30/2024 at 02:00 PM in San Francisco, Courtroom F, 15th Floor. Case Management Statement due by 4/19/2024. (jaf, COURT STAFF) (Filed on 3/8/2024) (Entered: 03/08/2024)
2024-04-1931CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by US Right to Know. (Rivo, Lily) (Filed on 4/19/2024) (Entered: 04/19/2024)
2024-04-2232[IN-CHAMBERS TEXT ONLY ORDER]: The Court is in receipt of the Parties' Joint Case Management Statement. Dkt. 31 . Defendants indicate that they will produce "reprocessed production of documents by April 26, 2024." Id. As such, the Court ORDERS Defendants to abide by this deadline. Further, due to the procedural posture of this case and pursuant to both Plaintiff and Defendants Scheduling Statements in the Joint Case Management Statement, id. , the Initial Case Management Conference is hereby CONTINUED until May 16, 2024, at 11:00 AM. The Initial Case Management Conference shall occur in person in the San Francisco Courthouse (Courtroom F - 15th floor). The Parties shall submit their Joint Case Management Statement on or before May 9, 2024. Signed by Judge Peter H. Kang on April 22, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (phklc1, COURT STAFF) (Filed on 4/22/2024) Modified on 4/22/2024 (phklc1, COURT STAFF). (Entered: 04/22/2024)
2024-04-22Initial Case Management Conference RESET from 4/30/2024 to 5/16/2024 at 11:00 AM in-person, in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Peter H. Kang. Joint Case Management Statement due: May 9, 2024. (jaf, COURT STAFF) (Filed on 4/22/2024) (Entered: 04/22/2024)
2024-05-0833CLERK'S NOTICE RESETTING INITIAL CASE MANAGEMENT CONFERENCE. Due to a change in the Court's availability, the Initial Case Management Conference set for 5/16/2024 AT 11:00 AM is HEREBY RESET to 5/24/2024 at 1:00 PM, IN-PERSON, in San Francisco, Courtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) , Set/Reset Deadlines as to (jaf, COURT STAFF) (Filed on 5/8/2024) (Entered: 05/08/2024)
2024-05-1734JOINT CASE MANAGEMENT STATEMENT filed by US Right to Know. (Attachments: # 1 Proposed Order)(Blome, Jessica) (Filed on 5/17/2024) (Entered: 05/17/2024)
2024-05-2035CLERK'S NOTICE RESETTING INITIAL CASE MANAGEMENT CONFERENCE: The Court is in receipt of the Parties' Joint Case Management Statement and proposed order re. setting a new hearing date. In light of the Court's availability, the Initial Case Management Conference is RESET from 05/24/2024 to 7/8/2024 01:00 PM in-person, in San Francisco, Courtroom F, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jaf, COURT STAFF) (Filed on 5/20/2024) (jaf, COURT STAFF). (Entered: 05/20/2024)
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