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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01352
Date Filed2024-05-09
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the Department of Health and Human Services for communications of the Assistant Secretary for Preparedness and Response for preparing for the Covid-19 pandemic. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-05-091COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-10885508) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Dept. of Health & Human Service, # 3 Summons US Atty for DC, # 4 Summons US Atty General)(Orfanedes, Paul) (Attachment 1 replaced on 5/10/2024) (znmw). (Entered: 05/09/2024)
2024-05-092LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 05/09/2024)
2024-05-10Case Assigned to Judge Trevor N. McFadden. (znmw) (Entered: 05/10/2024)
2024-05-103SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 05/10/2024)
2024-05-104STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 05/10/2024. (lctnm1) (Entered: 05/10/2024)
2024-05-155NOTICE of Appearance by Ramona Raula Cotca on behalf of JUDICIAL WATCH, INC. (Cotca, Ramona) (Entered: 05/15/2024)
2024-05-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/13/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 6/12/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/20/2024., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 5/20/2024 (Attachments: # 1 Declaration of Cristina Rotaru)(Cotca, Ramona) (Entered: 05/23/2024)
2024-06-117VACATED PURSUANT TO MINUTE ORDER ENTERED ON 6/13/2024.....AMENDED COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by JUDICIAL WATCH, INC..(Orfanedes, Paul) Modified on 6/14/2024 (hmc). (Entered: 06/11/2024)
2024-06-13MINUTE ORDER: The Court STRIKES Plaintiff's 7 Amended Complaint. Plaintiff may only amend its Complaint once as a matter of course "no later than" "21 days after serving it, or... 21 days after" Defendant files an answer or motion to dismiss. Fed. R. Civ. P. 15(a)(1). Plaintiff served the last required federal entities on May 20, which was 22 days before Plaintiff filed its Amended Complaint. See ECF No. 6. And Defendant has not yet filed an answer or motion to dismiss. So Plaintiff must now wait to amend until Defendant files such a document. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/13/2024. (lctnm1). (Entered: 06/13/2024)
2024-06-148Consent MOTION to Amend/Correct Complaint by JUDICIAL WATCH, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Redlined Amended Complaint), # 3 Exhibit 2 (Amended Complaint), # 4 Text of Proposed Order, # 5 Certificate of Service)(Orfanedes, Paul) (Entered: 06/14/2024)
2024-06-17MINUTE ORDER: The Court GRANTS Plaintiff's 8 Consent Motion to Amend the Complaint. In this District, "the time to amend begins when the pleading is served and ends 21 days after the response is served." Savignac v. Jones Day, 341 F.R.D. 120, 122 (D.D.C. 2022) (interpreting Fed. R. Civ. P. 15(a)(1)(B)). Plaintiff's proposed amendment falls within this timeframe. And in any event, Defendant consents to the amendment. See Pl.'s Mot. Amend para. 7, ECF No. 8-1; Fed. R. Civ. P. 15(a)(2). The Court requests the Clerk of Court to docket ECF No. 8-3 as Plaintiff's Amended Complaint. SO ORDERED. Signed by Judge Trevor N. McFadden on 06/17/2024. (lctnm1) (Entered: 06/17/2024)
2024-06-179AMENDED COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by JUDICIAL WATCH, INC..(mg) (Entered: 06/17/2024)
2024-07-0110ANSWER to 9 Amended Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Duffey, Thomas) (Entered: 07/01/2024)
2024-07-01MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR on or before August 1, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 07/01/2024. (lctnm1) (Entered: 07/01/2024)
2024-08-0111Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Duffey, Thomas) (Entered: 08/01/2024)
2024-08-02MINUTE ORDER: The parties shall submit another Joint Status Report on September 30, 2024, informing the Court of the parties' discovery progress and proposing future proceedings. SO ORDERED. Signed by Judge Trevor N. McFadden on 08/02/2024. (lctnm1) (Entered: 08/02/2024)
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