Skip to content

Case Detail

[Subscribe to updates]
Case TitleLERMAN v. FEDERAL EMERGENCY MANAGEMENT AGENCY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03784
Date Filed2023-12-20
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffDEBORAH LERMAN
Case DescriptionDeborah Lerman submitted a FOIA request to the Federal Emergency Management Agency for records concerning the agency's plans to respond to the COVID-19 pandemic. The agency acknowledged receipt of the request. The agency referred the request to the Department of Homeland security. It also referred 32 pages to the FDA. After hearing nothing further from the agency, Lerman filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFEDERAL EMERGENCY MANAGEMENT AGENCY
DefendantCENTERS FOR DISEASE CONTROL
DefendantCENTERS FOR DISEASE CONTROL
TERMINATED: 05/17/2024
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
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-201COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10574648) filed by Deborah Lerman. (Attachments: # 1 Exhibit Exhibit A - July 17 Referral Letter, # 2 Exhibit Exhibit B - July 17 CDC Acknowledgement Letter, # 3 Exhibit Exhibit C - Aug 18 CDC Letter, # 4 Exhibit Exhibit D - Aug 18 CDC Referral Letter, # 5 Civil Cover Sheet Civil Cover Sheet, # 6 Summons Summons - FEMA US Attorney, # 7 Summons Summons - FEMA Attorney General, # 8 Summons Summons - FEMA, # 9 Summons Summons - CDC US Attorney, # 10 Summons Summons - CDC US AG, # 11 Summons Summons - CDC, # 12 Summons Summons - HHS US Attorney, # 13 Summons Summons - HHS AG, # 14 Summons Summons - HHS)(Lawkowski, Gary) (Entered: 12/20/2023)
2023-12-21Case Assigned to Judge Colleen Kollar-Kotelly. (zrtw) (Entered: 12/21/2023)
2023-12-212SUMMONS (5) Issued Electronically as to CENTERS FOR DISEASE CONTROL, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 12/21/2023)
2024-01-023ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 01/02/24. (DM) (Entered: 01/02/2024)
2024-01-184NOTICE of Appearance by M. Jared Littman on behalf of All Defendants (Littman, M.) (Entered: 01/18/2024)
2024-01-185Consent MOTION for Extension of Time to Respond to Complaint by CENTERS FOR DISEASE CONTROL, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 01/18/2024)
2024-01-18MINUTE ORDER: The Court is in receipt of Defendants' 5 Consent Motion for Extension of Time to Respond. Defendants request that the Court grant them a 30-day extension of time to respond to Plaintiff's complaint. Defendants explain that the U.S. Attorney's Office has experienced an increase in case volume, which has overwhelmed the Office's "already swollen civil intake, triage, and assignment queues," and "delay[s] certain case assignments to Assistant U.S. Attorneys and initial coordination efforts with agency clients, including in this case." As a result, counsel for Defendants "requires a reasonable period of additional time to discuss this matter with the relevant agencies," and explore whether the matter can be resolved without further litigation. As Plaintiff consents, and upon good cause shown, the Court shall GRANT Defendants' 5 Consent Motion for Extension of Time to Respond. Defendants shall file an answer or otherwise respond to the complaint on or before February 21, 2024 . Signed by Judge Colleen Kollar-Kotelly on 1/18/2024. (lcckk1) (Entered: 01/18/2024)
2024-01-18Set/Reset Deadlines: Defendants shall file an answer or otherwise respond to the complaint on or before 2/21/2024. (dot) (Entered: 01/22/2024)
2024-02-216ANSWER to Complaint by CENTERS FOR DISEASE CONTROL, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Littman, M.) (Entered: 02/21/2024)
2024-02-217ORDER directing parties to file joint status report. See Order for more details. Signed by Judge Colleen Kollar-Kotelly on 2.21.2024. (lcckk1) (Entered: 02/21/2024)
2024-02-21Set/Reset Deadlines: Joint Meet & Confer Statement due by 4/5/2024. (dot) (Entered: 02/28/2024)
2024-04-058Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 04/05/2024)
2024-04-05MINUTE ORDER: The Court is in receipt of the parties' 8 Joint Status Report. Therein, Defendants explain that Plaintiff's FOIA request has been referred to the DHS, and the DHS, in turn, has sent the referral to the White House. Defendants state that they are unable to provide an anticipated date for the release of documents, as the request is currently pending at the White House. The parties request leave to file another joint status report by June 3, 2024. The Court shall ADOPT the parties' suggestion. The parties are directed to file another joint status report on or before June 3, 2024 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on 4/5/2024. (lcckk1) (Entered: 04/05/2024)
2024-04-05Set/Reset Deadlines: Joint Status Report due by 6/3/2024, and, if necessary, every sixty days thereafter. (dot) (Entered: 04/05/2024)
2024-05-159Unopposed MOTION to Amend/Correct 1 Complaint,, by DEBORAH LERMAN. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Clean Copy of Amended Complaint, # 3 Exhibit Redlined Copy of Proposed Amended Complaint, # 4 Exhibit Complaint Exhibit A, # 5 Exhibit Complaint Exhibit B, # 6 Exhibit Complaint Exhibit C, # 7 Exhibit Complaint Exhibit D)(Lawkowski, Gary) (Entered: 05/15/2024)
2024-05-16MINUTE ORDER: The Court is in receipt of Plaintiff's 9 Unopposed Motion for Leave to File Amended Complaint. Plaintiff moves for leave to file an amended complaint, explaining that the proposed amendment would "remove any ambiguity that Plaintiff's request[ed] relief applies to responsive records by Defendants, not just the 41 pages of responsive records referred by FEMA to HHS/CDC." The proposed amendment would also provide for "updated facts" and remove the CDC as a defendant. In light of Defendants' consent, the Court shall GRANT Plaintiff's 9 Unopposed Motion for Leave to File Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a)(2). Plaintiff shall file the amended complaint on or before May 24, 2024 . Signed by Judge Colleen Kollar-Kotelly on 5/16/2024. (lcckk1) (Entered: 05/16/2024)
2024-05-16Set/Reset Deadlines: Amended Complaint due by 5/24/2024. (dot) (Entered: 05/17/2024)
2024-05-1710AMENDED COMPLAINT against FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by DEBORAH LERMAN. (Attachments: # 1 Exhibit Exhibit A - July 17 Referral Letter, # 2 Exhibit Exhibit B - July 17 CDC Acknowledgement Letter, # 3 Exhibit Exhibit C - Aug 18 CDC Letter, # 4 Exhibit Exhibit D - Aug 18 CDC Referral Letter)(Lawkowski, Gary) (Entered: 05/17/2024)
2024-05-2911ANSWER to 10 Amended Complaint, by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Littman, M.) (Entered: 05/29/2024)
2024-06-0312Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 06/03/2024)
2024-06-04MINUTE ORDER: The Court is in receipt of the parties' 12 Joint Status Report. Therein, FEMA explains that it is sending records for consultation to another government agency after the White House's National Security Council declined to search for responsive records as it is not subject to FOIA. The parties propose submitting another joint status report on or before August 2, 2024. The Court shall ADOPT the parties' suggestion. The Court directs the parties to file another joint status report on or before August 2, 2024 , and, if necessary, every sixty days thereafter. Signed by Judge Colleen Kollar-Kotelly on 6/4/2024. (lcckk1) (Entered: 06/04/2024)
2024-06-04Set/Reset Deadlines: Joint Status Report due by 8/2/2024, and, if necessary, every sixty days thereafter. (dot) (Entered: 06/12/2024)
2024-08-0213Joint STATUS REPORT by FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Littman, M.) (Entered: 08/02/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar