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Case TitleSOLOMON v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00572
Date Filed2024-02-29
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffJOHN SOLOMON
agent of Bentley Media Group
Case DescriptionJohn Solomon, an investigative journalist, submitted two FOIA requests to the Department of Health and Human Services. The first FOIA request was sent to the FDA for updates and corrections relating to COVID-19 vaccinations. The request asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but Solomon heard nothing further from the FDA. The second FOIA request was sent to the Centers for Disease Control and also asked for updates and corrections relating to COVID-19 vaccinations. The request also asked for expedited processing and a fee waiver. The CDC acknowledged receipt of the request. However, after Solomon heard nothing further from either agency, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUNITED STATES 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

2024-02-291COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-10721210) filed by JOHN SOLOMON. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Civil Cover Sheet, # 8 Summons, # 9 Summons, # 10 Summons)(Ding, Michael) (Entered: 02/29/2024)
2024-03-01Case Assigned to Judge Reggie B. Walton. (zcb) (Entered: 03/01/2024)
2024-03-012SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 03/01/2024)
2024-03-123RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/1/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/31/2024. (Ding, Michael) (Entered: 03/12/2024)
2024-03-124RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/11/2024 (Ding, Michael) (Entered: 03/12/2024)
2024-03-125RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/11/2024. (Ding, Michael) (Entered: 03/12/2024)
2024-03-126GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on March 12, 2024. (lcrbw1) (Entered: 03/12/2024)
2024-04-017ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Escher, Sam) (Entered: 04/01/2024)
2024-04-11MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before May 9, 2024, the parties shall file a joint proposed briefing schedule governing further proceedings. Signed by Judge Reggie B. Walton on April 11, 2024. (lcrbw1) (Entered: 04/11/2024)
2024-05-098Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Escher, Sam) (Entered: 05/09/2024)
2024-05-09MINUTE ORDER. In light of the parties' 8 Joint Status Report, it is hereby ORDERED that, on May 20, 2024, at 11:00 a.m., the parties shall appear for a status conference before the Court, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on May 9, 2024. (lcrbw1) (Entered: 05/09/2024)
2024-05-20Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 5/20/2024. Status Conference set for 6/20/2024 at 10:00 AM via teleconference before Judge Reggie B. Walton. (Court Reporter: Sonja Reeves) (zalh) (Entered: 05/20/2024)
2024-05-209ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties shall appear for a status conference on June 20, 2024, at 10:00 a.m. The parties shall appear before the Court via teleconference, by calling 1-877-873-8017 and entering the Courts access code (8583213) followed by the pound key (#). The parties shall be prepared to apprise the Court on how they wish to proceed in this case. Signed by Judge Reggie B. Walton on May 20, 2024. (lcrbw1) (Entered: 05/20/2024)
2024-06-1810MOTION to Stay by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Burk Declaration, # 3 PHMPT II Order, # 4 Text of Proposed Order)(Escher, Sam) (Entered: 06/18/2024)
2024-06-2011ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before June 21, 2024, the parties shall file a joint briefing schedule governing further proceedings in this case. Signed by Judge Reggie B. Walton on June 20, 2024. (lcrbw1) (Entered: 06/20/2024)
2024-06-2012Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Escher, Sam) (Entered: 06/20/2024)
2024-06-20Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Status Conference held on 6/20/2024.The Court orders the parties to confer and to submit a proposed briefing schedule. (Court Reporter: Tammy Nestor) (zalh) (Entered: 06/21/2024)
2024-07-0113ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before July 26, 2024, the plaintiff shall file a combined response to the defendant's motion to stay and cross-motion for summary judgment. It is further ORDERED that, on or before September 6, 2024, the defendant shall file a combined reply in support of its motion to stay and response to the plaintiff's cross-motion for summary judgment. It is further ORDERED that, on or before September 20, 2024, the plaintiff shall file a reply in support of his cross-motion for summary judgment. It is further ORDERED that, on Friday, October 25, 2024, at 9:00 a.m., the parties shall appear for a motion hearing. The parties shall appear before the Court, via teleconference, by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on July 1, 2024. (lcrbw1) (Entered: 07/01/2024)
2024-07-10Set/Reset Deadlines: Plaintiff's Response to the Defendant's Motion to Stay due by 9/6/2024. (zalh) (Entered: 07/10/2024)
2024-07-2614MOTION for Partial Summary Judgment by JOHN SOLOMON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Ding, Michael) (Entered: 07/26/2024)
2024-07-2615RESPONSE re 10 MOTION to Stay filed by JOHN SOLOMON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Ding, Michael) (Entered: 07/26/2024)
2024-07-3016TRANSCRIPT OF PROCEEDINGS before Judge Reggie B. Walton held on May 20, 2024; Page Numbers: 1-20. Date of Issuance:July 30, 2024. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/20/2024. Redacted Transcript Deadline set for 8/30/2024. Release of Transcript Restriction set for 10/28/2024.(Reeves, Sonja) (Entered: 07/30/2024)
2024-09-0517Consent MOTION to Modify Briefing Schedule by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 09/05/2024)
2024-09-09MINUTE ORDER. Upon consideration of the 17 Defendant's Consent Motion to Modify Briefing Schedule, and for good cause shown, it is hereby ORDERED that the 17 Defendant's Consent Motion to Modify Briefing Schedule is GRANTED. It is further ORDERED that the deadline for the defendant to file a combined reply in support of its motion to stay and response to the plaintiff's cross-motion for summary judgment is EXTENDED to September 20, 2024. It is further ORDERED that the time for the plaintiff to file a reply in support of his cross-motion for summary judgment is EXTENDED to October 4, 2024. Signed by Judge Reggie B. Walton on September 9, 2024. (lcrbw1) (Entered: 09/09/2024)
2024-09-12Set/Reset Deadlines: Plaintiff's Reply and Response to Cross Motions due by 9/20/2024. Plaintiff's Reply to Cross Motions due by 10/4/2024. (zalh) (Entered: 09/12/2024)
2024-09-2018REPLY to opposition to motion re 10 MOTION to Stay filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts, # 2 Kotler Declaration, # 3 Exhibits, # 4 Text of Proposed Order)(Escher, Sam) (Entered: 09/20/2024)
2024-09-2019RESPONSE re 14 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts, # 2 Kotler Declaration, # 3 Exhibits, # 4 Text of Proposed Order)(Escher, Sam) (Entered: 09/20/2024)
2024-09-2020Cross MOTION for Partial Summary Judgment by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Kotler Declaration, # 4 Exhibits, # 5 Text of Proposed Order)(Escher, Sam) (Entered: 09/20/2024)
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