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Case TitleWelby, Brady & Greenblatt, LLP v. United States Department of Health And Human Services et al
DistrictSouthern District of New York
CityWhite Plains
Case Number7:2015cv00195
Date Filed2015-01-12
Date Closed2016-04-28
JudgeJudge Nelson Stephen Roman
PlaintiffWelby, Brady & Greenblatt, LLP
Case DescriptionThe law firm of Welby, Brady, & Greenblatt submitted a FOIA request to the Department of Health and Human Services for records concerning the enforcement of the judgment and certain meetings held as part of a class-action liability suit involving a Head Start program. Administration for Children and Families acknowledged receipt of the request, provided responsive records to parts of the request, and indicated that 24 pages would be forthcoming. After hearing nothing further from the agency, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Health And Human Services
DefendantSylvia Matthews Burwell Secretary
Documents
Docket
Complaint
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-01-121COMPLAINT against Sylvia Matthews Burwell, United States Department of Health And Human Services. (Filing Fee $ 350.00, Receipt Number 465407010365) Document filed by Welby, Brady & Greenblatt, LLP. (mml) (Entered: 01/13/2015)
2015-01-122CIVIL COVER SHEET filed. (mml) (Entered: 01/13/2015)
2015-01-12SUMMONS ISSUED as to Sylvia Matthews Burwell, United States Department of Health And Human Services, U.S. Attorney and U.S. Attorney General. (mml) (Entered: 01/13/2015)
2015-01-12Case Designated ECF. (mml) (Entered: 01/13/2015)
2015-01-12Magistrate Judge Lisa M. Smith is so designated. (mml) (Entered: 01/13/2015)
2015-01-133CERTIFICATE OF SERVICE of Summons and Complaint. United States Department of Health And Human Services served on 1/13/2015, answer due 3/16/2015. Service was made by Mail. Document filed by Welby, Brady & Greenblatt, LLP. (Spaun, Gregory) (Entered: 01/13/2015)
2015-01-134CERTIFICATE OF SERVICE of Summons and Complaint. Sylvia Matthews Burwell served on 1/13/2015, answer due 3/16/2015. Service was made by Mail. Document filed by Welby, Brady & Greenblatt, LLP. (Spaun, Gregory) (Entered: 01/13/2015)
2015-01-135RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Welby, Brady & Greenblatt, LLP.(Spaun, Gregory) (Entered: 01/13/2015)
2015-01-146NOTICE OF INITIAL COURT CONFERENCE: Initial Case Management and Scheduling Conference set for 3/27/2015 at 10:45 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (mml) (Entered: 01/15/2015)
2015-02-197ANSWER to 1 Complaint. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services.(Tulis, Elizabeth) (Entered: 02/19/2015)
2015-02-268FIRST SET OF INTERROGATORIES to United States Department of Health and Human Services.Document filed by Welby, Brady & Greenblatt, LLP.(Spaun, Gregory) (Entered: 02/26/2015)
2015-03-109ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Elizabeth Tulis dated 3/9/2015 re: Counsel writes on behalf of the Government to request an adjournment of the Initial Conference. ENDORSEMENT: The application is granted. The Initial Pretrial Conference is rescheduled until April 2, 2015 at 10:30am. (Initial Conference set for 4/2/2015 at 10:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 3/10/2015) (mml) (Entered: 03/11/2015)
2015-04-02Minute Entry for proceedings held before Judge Nelson Stephen Roman: Initial Pretrial Conference held on 4/2/2015, Initial Pre-Trial Conference held. Plaintiffs & Defendants counsel present. By May 18, 2015, Government will provide plaintiff with a von index for the 14 pages received and 140-something pages in transit. By approximately June 8, 2015, plaintiff will inform Government of objections to specific redactions. Thereafter, Government granted leave to file motion for summary judgment with following briefing schedule: moving papers to be served July 20, 2015; opposition to be served August 20, 2015; and reply to be served September 11, 2015. The parties are directed to file all motion documents on the reply date, September 11, 2015, and to provide 2 copies of all documents to chambers as the documents are served. ( Motions due by 9/11/2015.). (gs) (Entered: 04/02/2015)
2015-07-1410ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Elizabeth Tulis dated 7/14/2015 re: Counsel requests that the summary judgment briefing schedule be extended by two weeks, so that the Government's moving papers will be due August 3, 2015; plaintiff's opposition will be due September 3, 2015; and the Government's reply will be due September 24, 2015. ENDORSEMENT: The application is granted. (Motions due by 8/3/2015. Responses due by 9/3/2015. Replies due by 9/24/2015.) (Signed by Judge Nelson Stephen Roman on 7/14/2015) (mml) (Entered: 07/15/2015)
2015-08-0311ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Elizabeth Tulis dated 8/3/2015 re: Counsel respectfully requests that the deadline for the Government to serve its moving papers be extended by two days, to August 5, 2015, and that the deadlines for the plaintiff's opposition and the Government's reply be extended to September 8, 2015, and September 29, 2015. ENDORSEMENT: The application is granted. (Signed by Judge Nelson Stephen Roman on 8/3/2015) (mml) (Entered: 08/04/2015)
2015-09-2312ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Elizabeth Tulis dated 9/21/2015 re: Counsel requests an extension of time of the briefing schedule. ENDORSEMENT: The briefing schedule is amended as follows: the Government's reply/opposition to cross-motion shall be served by Oct. 13, 2015; and plaintiff's reply in support of cross motion shall be served on Nov. 3, 2015. All motion documents shall be filed on Nov. 3, 2015. No further extensions. SO ORDERED. (Motions due by 11/3/2015.) (Signed by Judge Nelson Stephen Roman on 9/23/2015) (mml) (Entered: 09/24/2015)
2015-11-0313MOTION for Summary Judgment . Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services.(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0314MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment . . Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0315DECLARATION of Nathaniel A. Cohen in Support re: 13 MOTION for Summary Judgment .. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0316DECLARATION of Kimberly N. Epstein in Support re: 13 MOTION for Summary Judgment .. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0317DECLARATION of Michael Marquis in Support re: 13 MOTION for Summary Judgment .. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0318DECLARATION of Elizabeth Tulis in Support re: 13 MOTION for Summary Judgment .. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0319CROSS MOTION for Summary Judgment . Document filed by Welby, Brady & Greenblatt, LLP.(Spaun, Gregory) (Entered: 11/03/2015)
2015-11-0320DECLARATION of Gregory J. Spaun, Esq. in Opposition re: 13 MOTION for Summary Judgment ., 19 CROSS MOTION for Summary Judgment .. Document filed by Welby, Brady & Greenblatt, LLP. (Attachments: # 1 Exhibit Exhibit A to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 2 Exhibit Exhibit B to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 3 Exhibit Exhibit C to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 4 Exhibit Exhibit D to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 5 Exhibit Exhibit E to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 6 Exhibit Exhibit F to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 7 Exhibit Exhibit G to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 8 Exhibit Exhibit H to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 9 Exhibit Exhibit I to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 10 Exhibit Exhibit J to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 11 Exhibit Exhibit K to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 12 Exhibit Exhibit L to Spaun Decl. in Opposition to Motion and in Support of Cross Motion, # 13 Exhibit Exhibit M to Spaun Decl. in Opposition to Motion and in Support of Cross Motion)(Spaun, Gregory) (Entered: 11/03/2015)
2015-11-0321MEMORANDUM OF LAW in Opposition re: 13 MOTION for Summary Judgment ., 19 CROSS MOTION for Summary Judgment . Submitted in Opposition to Motion and in Support of Cross Motion . Document filed by Welby, Brady & Greenblatt, LLP. (Spaun, Gregory) (Entered: 11/03/2015)
2015-11-0322REPLY MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment . Reply Memorandum of Law in Further Support of the Government's Motion for Summary Judgment and in Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0323DECLARATION of Michael Marquis in Support re: 13 MOTION for Summary Judgment .. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Attachments: # 1 Exhibit 4)(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0324DECLARATION of Kimberly N. Epstein in Support re: 13 MOTION for Summary Judgment .. Document filed by Sylvia Matthews Burwell, United States Department of Health And Human Services. (Attachments: # 1 Exhibit 7)(Tulis, Elizabeth) (Entered: 11/03/2015)
2015-11-0325REPLY MEMORANDUM OF LAW in Support re: 19 CROSS MOTION for Summary Judgment . . Document filed by Welby, Brady & Greenblatt, LLP. (Spaun, Gregory) (Entered: 11/03/2015)
2016-04-2726OPINION & ORDER re: 13 MOTION for Summary Judgment filed by Sylvia Matthews Burwell, United States Department of Health And Human Services, 19 CROSS MOTION for Summary Judgment filed by Welby, Brady & Greenblatt, LLP. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED and Plaintiff's cross-motion for summary judgment is DENIED. The Court respectfully directs the Clerk to terminate the motions at ECF Nos. 13 and 19, enter judgment in favor of Defendants, and close the case. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/27/2016) (mml) (Entered: 04/28/2016)
2016-04-27Transmission to Judgments and Orders Clerk. Transmitted re: 26 Opinion & Order to the Judgments and Orders Clerk. (mml) (Entered: 04/28/2016)
2016-04-2827CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated April 27, 2016, Defendants' motion for summary judgment is granted and Plaintiff's cross-motion for summary judgment is denied and judgment is entered in favor of Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 04/28/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 04/28/2016)
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