Skip to content

Case Detail

[Subscribe to updates]
Case TitleMURTAGH v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv00914
Date Filed2020-04-06
Date Closed2023-02-22
JudgeJudge Jia M. Cobb
PlaintiffJAMES MURTAGH
Case DescriptionJames Murtaugh submitted a FOIA request to the Department of Health and Human Service's Indian Health Service field office in Aberdeen, South Dakota, for records about his time working at the Fort Yates Indian Hospital. The agency acknowledged receipt of the request and the Aberdeen field office responded only with records originally supplied by Murtaugh. Murtaugh then filed an administrative appeal to the HHS Support Center in Rockville. After hearing nothing further from the agency, Murtaugh filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES Indian Health Service
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

2020-04-061COMPLAINT (FOIA) against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-6994313) filed by JAMES MURTAGH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Hartnett, F.) (Entered: 04/06/2020)
2020-04-07Case assigned to Judge Amit P. Mehta. (zmc) (Entered: 04/07/2020)
2020-04-072ENTERED IN ERROR.....SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmc) Modified on 4/7/2020 (zmc). (Entered: 04/07/2020)
2020-04-073REQUEST FOR SUMMONS TO ISSUE to Defendant re 1 Complaint, filed by JAMES MURTAGH. Related document: 1 Complaint, filed by JAMES MURTAGH. (Attachments: # 1 Summons, # 2 Summons)(Hartnett, F.) (Entered: 04/07/2020)
2020-04-084SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/08/2020)
2020-04-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 4/14/2020, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/15/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/15/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/15/2020.) (Hartnett, F.) (Entered: 04/20/2020)
2020-05-156ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Exhibit 1)(Brudy-Everett, Kristin) (Entered: 05/15/2020)
2020-05-157ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 29, 2020. See attached Order for additional details. Signed by Judge Amit P. Mehta on 05/15/2020. (lcapm3) (Entered: 05/15/2020)
2020-05-15Set/Reset Deadlines: Joint Status Report due by 5/29/2020. (zjd) (Entered: 05/18/2020)
2020-05-298Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/29/2020)
2020-06-01MINUTE ORDER. The parties' time to file their initial Joint Status Report is extended to June 29, 2020. Signed by Judge Amit P. Mehta on 06/01/2020. (lcapm3) (Entered: 06/01/2020)
2020-06-01Set/Reset Deadlines: Joint Status Report due by 6/29/2020. (zjd) (Entered: 06/02/2020)
2020-06-299Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 06/29/2020)
2020-06-30MINUTE ORDER. The parties shall file an additional Joint Status Report by August 28, 2020, which advises whether any outstanding disputes remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 06/30/2020. (lcapm3) (Entered: 06/30/2020)
2020-06-30Set/Reset Deadlines: Joint Status Report due by 8/28/2020. (zjd) (Entered: 06/30/2020)
2020-08-2810Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 08/28/2020)
2020-08-31MINUTE ORDER. The parties shall file an additional Joint Status Report by September 28, 2020, which advises whether any outstanding disputes remain concerning Defendant's production and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 8/31/2020. (lcapm3) (Entered: 08/31/2020)
2020-08-31Set/Reset Deadlines: Joint Status Report due by 9/28/2020. (zjd) (Entered: 09/02/2020)
2020-09-2811Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 09/28/2020)
2020-09-29MINUTE ORDER. The parties shall file an additional Joint Status Report by October 28, 2020, which advises whether any outstanding disputes remain concerning Defendant's production and, if so, proposes a briefing schedule. Signed by Judge Amit P. Mehta on 9/29/2020. (lcapm3) (Entered: 09/29/2020)
2020-09-29Set/Reset Deadlines: Joint Status Report due by 10/28/2020. (zjd) (Entered: 09/29/2020)
2020-10-2812Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 10/28/2020)
2020-10-29VACATED PURSUANT TO MINUTE ORDER FILED 12/8/2020.....MINUTE ORDER entering the briefing schedule proposed in the parties' 12 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before December 9, 2020; (2) Plaintiff's combined Cross-Motion for Summary Judgment and Opposition to Defendant's Motion is due on or before January 8, 2021; (3) Defendant's combined Opposition to Plaintiff's Cross-Motion and Reply is due on or before January 22, 2021; and (4) Plaintiff's Reply is due on or before February 5, 2021. Signed by Judge Amit P. Mehta on 10/29/2020. (lcapm3) Modified on 12/8/2020 (zjd). (Entered: 10/29/2020)
2020-10-29Set/Reset Deadlines: Motion for Summary Judgment due by 12/9/2020. Cross-Motion for Summary Judgment and Opposition due by 1/8/2021. Opposition and Reply due by 1/22/2021. Reply due by 2/5/2021. (zjd) (Entered: 10/29/2020)
2020-12-0713Joint MOTION to Stay the Briefing Schedule by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 12/07/2020)
2020-12-08MINUTE ORDER. The briefing schedule entered by Minute Order on October 29, 2021, is hereby vacated. The parties shall file a Joint Status Report by January 12, 2021, which advises whether any outstanding issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 12/08/2020. (lcapm3) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Joint Status Report due by 1/12/2021. (zjd) (Entered: 12/08/2020)
2021-01-1114Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/11/2021)
2021-01-13MINUTE ORDER. The parties shall file a Joint Status Report by February 12, 2021, which advises whether any outstanding issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 1/13/2021. (lcapm3) (Entered: 01/13/2021)
2021-02-1215Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 02/12/2021)
2021-02-13MINUTE ORDER. The parties shall file a Joint Status Report by April 12, 2021, which advises whether any outstanding issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 2/13/2021. (lcapm3) (Entered: 02/13/2021)
2021-04-1216Joint STATUS REPORT by JAMES MURTAGH. (Attachments: # 1 Text of Proposed Order)(Hartnett, F.) (Entered: 04/12/2021)
2021-04-12MINUTE ORDER. The parties shall file a Joint Status Report by June 13, 2021, which advises whether any outstanding issues remain and, if so, proposes a summary judgment briefing schedule. Signed by Judge Amit P. Mehta on 4/12/2021. (lcapm3) (Entered: 04/12/2021)
2021-06-1117Joint STATUS REPORT and Proposed Briefing Schedule by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 06/11/2021)
2021-06-14MINUTE ORDER entering the briefing schedule proposed in the parties' 17 Joint Status Report. The following deadlines shall govern this matter: (1) Defendant shall file its motion for summary judgment on or before August 20, 2021; (2) Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendant's motion on or before September 17, 2021; (3) Defendant shall file its combined opposition to Plaintiff's cross-motion and reply on or before October 22, 2021; and (4) Plaintiff shall file his reply on or before November 19, 2021. Signed by Judge Amit P. Mehta on 6/14/2021. (lcapm3) (Entered: 06/14/2021)
2021-07-0618NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney Kristin Brudy-Everett (Johnson, Stephanie) (Entered: 07/06/2021)
2021-08-1719Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 08/17/2021)
2021-08-1920ORDER granting 19 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment and Modify Briefing Schedule. The following deadlines shall govern this matter: (1) Defendant shall file its motion for summary judgment on or before September 20, 2021; (2) Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendant's motion on or before October 18, 2021; (3) Defendant shall file its combined opposition to Plaintiff's cross-motion and reply on or before November 22, 2021; and (4) Plaintiff shall file his reply on or before December 20, 2021. See attached Order for details. Signed by Judge Amit P. Mehta on 8/19/2021. (lcapm3) (Entered: 08/19/2021)
2021-09-1621Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 09/16/2021)
2021-09-1622ORDER granting 21 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment and Modify Briefing Schedule. The following deadlines shall govern this matter: (1) Defendant shall file its motion for summary judgment on or before October 20, 2021; (2) Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendant's motion on or before November 19, 2021; (3) Defendant shall file its combined opposition to Plaintiff's cross-motion and reply on or before December 20, 2021; and (4) Plaintiff shall file his reply on or before January 19, 2022. See attached Order for details. Signed by Judge Amit P. Mehta on 9/16/2021. (lcapm3) Modified on 10/13/2021 (zjd). (Entered: 09/16/2021)
2021-10-1723Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 10/17/2021)
2021-10-1824ORDER granting 23 Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment and Modify Briefing Schedule. The following deadlines shall govern this matter: (1) Defendant shall file its motion for summary judgment on or before November 19, 2021; (2) Plaintiff shall file his combined cross-motion for summary judgment and opposition to Defendant's motion on or before December 20, 2021; (3) Defendant shall file its combined opposition to Plaintiff's cross-motion and reply on or before January 19, 2022; and (4) Plaintiff shall file his reply on or before February 18, 2022. See attached Order for details. Signed by Judge Amit P. Mehta on 10/18/2021. (lcapm3) (Entered: 10/18/2021)
2021-11-16Case directly reassigned to Judge Jia M. Cobb. Judge Amit P. Mehta is no longer assigned to the case. (ztnr) (Entered: 11/16/2021)
2021-11-1625Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 11/16/2021)
2021-11-30MINUTE ORDER granting 25 DEFENDANTS CONSENT MOTION FOR EXTENSION OF TIME TO FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND MODIFY BRIEFING SCHEDULE: Upon consideration of Defendants' Consent Motion for Extension of Time, it is ORDERED the motion is GRANTED. Defendant's motion for summary judgment is due by February1, 2022; Plaintiff's combined opposition and cross-motion for summary judgment is due by March 3, 2022; Defendant's combined opposition and reply is due by April 4, 2022; and Plaintiff's reply is due by May 4, 2022. Signed by Judge Jia M. Cobb on November 30, 2021. (lcjmcl) (Entered: 11/30/2021)
2022-01-2826Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 01/28/2022)
2022-01-30MINUTE ORDER granting 26 DEFENDANT'S CONSENT MOTION FOR EXTENSION OF TIME TO FILE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND MODIFY BRIEFING SCHEDULE: Upon consideration of Defendant's Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgement and Modify Briefing Schedule, and the entire record in this matter, it is hereby ORDERED that Defendant's Motion is GRANTED. It is further ORDERED that the following deadlines shall govern the briefing in this case: Defendant shall file its motion for summary judgment on or before March 3, 2022; Plaintiff shall file his combined opposition and cross motion for summary judgment on or before April 4, 2022; Defendant shall file its combined opposition and reply on or before May 4, 2022; and Plaintiff shall file his reply on or before June 3, 2022. Signed by Judge Jia M. Cobb on January 30, 2022. (lcjmc1) (Entered: 01/30/2022)
2022-03-0327Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 03/03/2022)
2022-03-0328ORDER granting 27 DEFENDANT'S CONSENT MOTION FOR EXTENSION OF TIME TO FILE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND MODIFY BRIEFING SCHEDULE: See document for details. Signed by Judge Jia M. Cobb on March 3, 2022. (lcjmc1) (Entered: 03/03/2022)
2022-03-3129Consent MOTION for Extension of Time to FILE DEFENDANTS MOTION FOR SUMMARY JUDGMENT , Consent MOTION to Modify BRIEFING SCHEDULE by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 03/31/2022)
2022-03-3130ORDER granting 29 Defendant's Consent Motion for Extension of Time to File Defendant's Motion for Summary Judgment and Modify Briefing Schedule: See document for details. Signed by Judge Jia M. Cobb on March 31, 2022. (lcjmc1) (Entered: 03/31/2022)
2022-05-0331Consent MOTION to Vacate by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 05/03/2022)
2022-05-04MINUTE ORDER granting 31 Defendant's Consent Motion to Vacate: Having considered the motion and the record, the Court GRANTS this motion. The briefing schedule is VACATED. The Parties are directed to file a joint status report by June 20, 2022, with a proposed scheduling order for briefing Plaintiff's claims for attorney fees. Signed by Judge Jia M. Cobb on May 4, 2022. (lcjmc1) (Entered: 05/04/2022)
2022-06-1632ENTERED IN ERROR.....Joint MOTION for Extension of Time to Complete Discovery , Joint MOTION to Modify THE REMAINING DEADLINES IN THE SCHEDULING ORDER by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) Modified on 6/16/2022 per counsels request (zeg). (Entered: 06/16/2022)
2022-06-1633Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 06/16/2022)
2022-06-17MINUTE ORDER: The Court has reviewed 33 Joint Status Report and directs the Parties to file another joint status report by July 15, 2022, that apprises the Court of the Parties' discussions about attorney fees and whether the Parties will propose a briefing schedule. Signed by Judge Jia M. Cobb on June 17, 2022. (lcjmc1) (Entered: 06/17/2022)
2022-07-1534Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 07/15/2022)
2022-07-18MINUTE ORDER: The Court has read 34 Joint Status Report and directs the Parties to file another joint status report on August 29, 2022. Signed by Judge Jia M. Cobb on July 18, 2022. (lcjmc1) (Entered: 07/18/2022)
2022-08-2935Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Johnson, Stephanie) (Entered: 08/29/2022)
2022-08-30MINUTE ORDER entering the briefing schedule proposed in the Parties' 35 Joint Status Report. The schedule for further proceedings in this matter is as follows: Plaintiff shall file his motion on or before October 13, 2022; Defendant shall file its opposition on or before November 30, 2022; and Plaintiff shall file his reply on or before December 30, 2022. Signed by Judge Jia M. Cobb on August 30, 2022. (lcjmc2) (Entered: 08/30/2022)
2022-10-0636NOTICE of Appearance by Daniel Alan Schiffer on behalf of U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Schiffer, Daniel) (Entered: 10/06/2022)
2022-10-1837Consent MOTION to Permit late Filing of Motion to Extend by JAMES MURTAGH. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Hartnett, F.). Added MOTION for Extension of Time to on 10/18/2022 (zjm). (Entered: 10/18/2022)
2022-10-18MINUTE ORDER as to 37 Consent Motion to Permit Late Filing of Motion to Extend and 37 Joint Motion to Extend Briefing Schedule. Upon consideration of the Motions, the Court GRANTS the Motions. Plaintiff will file his Motion for Summary Judgement by October 27, 2022, Defendant will file its Opposition by December 14, 2022, and Plaintiff will file his Reply by January 12, 2023.Signed by Judge Jia M. Cobb on October 18, 2022. (lcjmc2) (Entered: 10/18/2022)
2022-10-2738Joint MOTION to Modify Briefing Schedule by JAMES MURTAGH. (Attachments: # 1 Text of Proposed Order)(Hartnett, F.) (Entered: 10/27/2022)
2022-10-28MINUTE ORDER granting 38 Joint Motion to Extend Briefing Schedule: Upon consideration of the Joint Motion to Extend Briefing Schedule, it is ORDERED that the Motion is GRANTED. Plaintiff will file his Motion for Summary Judgment by November 10, 2022. Defendant will file its Response by December 30, 2022. Plaintiff will file his Reply by January 26, 2023. Signed by Judge Jia M. Cobb on October 28, 2022. (lcjmc2) (Entered: 10/28/2022)
2023-02-2239STIPULATION of Dismissal by U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Schiffer, Daniel) (Entered: 02/22/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar