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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00967
Date Filed2024-04-04
Date ClosedOpen
JudgeJudge Ana C. Reyes
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffCHIARA EISNER
Case DescriptionChiara Eisner, an investigative reporter for National Public Radio, submitted FOIA requests to the Administration for Children and Families for records concerning recorded calls made with and to the Unaccompanied children Sexual Abuse Hotline, as well as contracts between HHS and companies that transport minor children to their destinations with guardians. HHS acknowledged receipt of the requests but after hearing mothing further from the agency, NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 Independence Avenue SW
Washington, DC 20201
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
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-041COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-10806340) filed by NATIONAL PUBLIC RADIO, INC., EISNER CHIARA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Civil Cover Sheet, # 16 Summons, # 17 Summons, # 18 Summons)(DeThomas, Courtney) (Entered: 04/04/2024)
2024-04-042LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO, INC. (DeThomas, Courtney) (Entered: 04/04/2024)
2024-04-07Case Assigned to Judge Ana C. Reyes. (zsl) (Entered: 04/07/2024)
2024-04-083STANDING ORDER. It is hereby ORDERED that the parties shall comply with the Court's Standing Order. See Standing Order for details. Signed by Judge Ana C. Reyes on 4/8/2024. (lcar3) Modified on 4/8/2024 to update order text (zcdw). (Entered: 04/08/2024)
2024-04-084SUMMONS (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)(znmw) (Entered: 04/08/2024)
2024-04-195MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-10840363. Fee Status: Fee Paid. by CHIARA EISNER, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 [Proposed] Order)(DeThomas, Courtney) (Entered: 04/19/2024)
2024-04-196MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Monder Khoury, Filing fee $ 100, receipt number ADCDC-10840379. Fee Status: Fee Paid. by CHIARA EISNER, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 [Proposed] Order)(DeThomas, Courtney) (Entered: 04/19/2024)
2024-04-22MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Thomas R. Burke is hereby admitted pro hac vice to appear in this matter. 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 Ana C. Reyes on 4/22/2024. (lcar3) (Entered: 04/22/2024)
2024-04-22MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Monder Khoury is hereby admitted pro hac vice to appear in this matter. 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 Ana C. Reyes on 4/22/2024. (lcar3) (Entered: 04/22/2024)
2024-04-227NOTICE of Appearance by Thomas R. Burke on behalf of CHIARA EISNER, NATIONAL PUBLIC RADIO, INC. (Burke, Thomas) (Entered: 04/22/2024)
2024-04-228NOTICE of Appearance by Monder Khoury on behalf of CHIARA EISNER, NATIONAL PUBLIC RADIO, INC. (Khoury, Monder) (Entered: 04/22/2024)
2024-05-229NOTICE of Appearance by Douglas C. Dreier on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Dreier, Douglas) (Entered: 05/22/2024)
2024-05-2210ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Dreier, Douglas) (Entered: 05/22/2024)
2024-05-22MINUTE ORDER. Plaintiffs filed this Freedom of Information Act (FOIA) action on April 4, 2024. Dkt 1 . Defendant filed its Answer on May 22, 2024. Dkt. 10 . Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, the Court hereby ORDERS the parties to meet and confer and file a joint status report on or before June 5, 2024. The joint status report should address, among other things, (1) the status of Plaintiffs' FOIA requests; (2) the anticipated number of documents responsive to Plaintiffs' FOIA requests; (3) the anticipated date(s) for release of those documents; and (4) whether a motion for a stay under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976), is likely. As set forth in Section 5(d) of the Court's Standing Order, if the parties agree on a proposed schedule for submitting a further joint status report, they should assume that the Court approves the proposed date unless the Court enters an order to the contrary. Counsel shall not contact Chambers directly concerning scheduling or other matters, as Chambers personnel will not handle questions relating to the status or scheduling of pending matters, except in case of an emergency. In an emergency, Chambers can be reached at (202) 354-3350. Signed by Judge Ana C. Reyes on 5/22/2024. (lcar3) (Entered: 05/22/2024)
2024-05-22Set/Reset Deadlines/Hearings: Joint Status Report due by 6/5/2024. (zcdw) (Entered: 05/22/2024)
2024-06-0511Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 06/05/2024)
2024-06-11MINUTE ORDER. The Court has reviewed the parties' 11 Joint Status Report. The Court expects parties to resolve the types of disputes aired in the Report through good faith negotiation. For example, the Court has never before encountered a dispute over the frequency of joint status reports that required intervention by an Article III jurist. Nor does the Court see why the parties cannot compromise on a production schedule of between 500 and 1,000 pages per month. The Court therefore ORDERS the parties to meet and confer and submit, on or before June 21, 2024, a further joint status report setting forth the parties' plan for records production and future joint status reports. If the parties are unable to resolve their disputes and require judicial intervention and the Court determines that either side acted unreasonably or in bad faith, it will enter a show-cause order on sanctions. Signed by Judge Ana C. Reyes on 6/11/2024. (lcar3) (Entered: 06/11/2024)
2024-06-11Set/Reset Deadlines: Status Report due by 6/21/2024 (zjch, ) (Entered: 06/13/2024)
2024-06-2112Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 06/21/2024)
2024-08-2313Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Dreier, Douglas) (Entered: 08/23/2024)
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by FOIA Project Staff
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