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Case TitleOPEN THE GOVERNMENT et al v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02290
Date Filed2020-08-19
Date Closed2022-01-19
JudgeJudge Reggie B. Walton
PlaintiffOPEN THE GOVERNMENT
PlaintiffGOVERNMENT ACCOUNTABILITY PROJECT
Case DescriptionOpen the Government submitted a FOIA request to the Centers for Disease Control for records concerning communications between the agency, the White House, and senior Health and Human Services officials concerning policies related to the corona virus. Open the Government also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told Open the Government that it would be unable to respond within the time limits. The agency also asked Open the Government to narrow the scope of its request. Open the Government narrowed the scope of the request. After hearing nothing further from the agency, Open the Government filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Attorney's fees

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

2020-08-191COMPLAINT against CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7484764) filed by OPEN THE GOVERNMENT, GOVERNMENT ACCOUNTABILITY PROJECT. (Attachments: # 1 Exhibit A-J, # 2 Civil Cover Sheet, # 3 Summons)(Burday, Joshua) (Entered: 08/19/2020)
2020-08-192NOTICE of Appearance by Joshua Hart Burday on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, OPEN THE GOVERNMENT (Burday, Joshua) (Entered: 08/19/2020)
2020-08-193NOTICE of Appearance by Matthew Topic on behalf of GOVERNMENT ACCOUNTABILITY PROJECT, OPEN THE GOVERNMENT (Topic, Matthew) (Entered: 08/19/2020)
2020-08-20Case Assigned to Judge Reggie B. Walton. (zsb) (Entered: 08/20/2020)
2020-08-204SUMMONS (4) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 08/20/2020)
2020-09-175NOTICE of Appearance by Amy E. Powell on behalf of All Defendants (Powell, Amy) (Entered: 09/17/2020)
2020-09-256ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Powell, Amy) (Entered: 09/25/2020)
2020-09-25MINUTE 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 the parties shall file a joint proposed briefing schedule governing the filing of dispositive motions on or before October 23, 2020. Signed by Judge Reggie B. Walton on September 25, 2020. (lcrbw3) (Entered: 09/25/2020)
2020-09-25Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/23/2020 (hs) (Entered: 09/25/2020)
2020-10-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 8/26/2020 (Burday, Joshua) (Entered: 10/12/2020)
2020-10-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/27/2020 (Burday, Joshua) (Entered: 10/12/2020)
2020-10-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/28/20. (Burday, Joshua) (Entered: 10/12/2020)
2020-10-1210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/27/2020. Answer due for ALL FEDERAL DEFENDANTS by 9/26/2020. (Burday, Joshua) (Entered: 10/12/2020)
2020-10-1211GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on October 12, 2020. (lcrbw3) (Entered: 10/12/2020)
2020-10-2612Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 10/26/2020)
2020-10-27MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before December 4, 2020, the parties shall file a further joint status report updating the Court on the status of the defendants' production of records, the parties' attempts to narrow and resolve issues, and whether dispositive motions will be necessary to resolve this case. Signed by Judge Reggie B. Walton on October 27, 2020. (lcrbw3) (Entered: 10/27/2020)
2020-10-28Set/Reset Deadlines: Joint Status Report due by 12/4/2020 (hs) (Entered: 10/28/2020)
2020-12-0413Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 12/04/2020)
2020-12-04MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before January 29, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues, and whether dispositive motions will be necessary to resolve this case. Signed by Judge Reggie B. Walton on December 4, 2020. (lcrbw3) (Entered: 12/04/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/29/2021 (hs) (Entered: 12/07/2020)
2021-01-2914Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 01/29/2021)
2021-02-02MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before March 1, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues, and whether dispositive motions will be necessary to resolve this case. Signed by Judge Reggie B. Walton on February 2, 2021. (lcrbw3) (Entered: 02/02/2021)
2021-02-03Set/Reset Deadlines: Joint Status Report due by 3/1/2021 (hs) (Entered: 02/03/2021)
2021-03-0115Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 03/01/2021)
2021-03-04MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before April 12, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues, and whether dispositive motions will be necessary to resolve this case. Signed by Judge Reggie B. Walton on March 4, 2021. (lcrbw3) (Entered: 03/04/2021)
2021-03-04Set/Reset Deadlines: Joint Status Report due by 4/12/2021 (hs) (Entered: 03/04/2021)
2021-04-1216Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 04/12/2021)
2021-04-13MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before June 14, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues. Signed by Judge Reggie B. Walton on April 13, 2021. (lcrbw3) (Entered: 04/13/2021)
2021-04-13Set/Reset Deadlines: Joint Status Report due by 6/14/2021 (hs) (Entered: 04/13/2021)
2021-06-1417Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 06/14/2021)
2021-06-15MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before July 30, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues. Signed by Judge Reggie B. Walton on June 15, 2021. (lcrbw3) (Entered: 06/15/2021)
2021-06-18Set/Reset Deadlines: Joint Status Report due by 7/30/2021 (hs) (Entered: 06/18/2021)
2021-07-3018Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 07/30/2021)
2021-08-09MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 30, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues. Signed by Judge Reggie B. Walton on August 9, 2021. (lcrbw3) (Entered: 08/09/2021)
2021-08-10Set/Reset Deadlines: Joint Status Report due by 9/30/2021 (hs) (Entered: 08/10/2021)
2021-09-3019Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT, OPEN THE GOVERNMENT. (Topic, Matthew) (Entered: 09/30/2021)
2021-10-04MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before October 29, 2021, the parties shall file a further joint status report updating the Court on the status of the parties' attempts to narrow and resolve issues. Signed by Judge Reggie B. Walton on October 4, 2021. (lcrbw3) (Entered: 10/04/2021)
2021-10-04Set/Reset Deadlines: Joint Status Report due by 10/29/2021 (hs) (Entered: 10/04/2021)
2021-10-2920Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Powell, Amy) (Entered: 10/29/2021)
2021-11-03MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall submit a joint status report on or before November 30, 2021, regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on November 3, 2021. (lcrbw3) (Entered: 11/03/2021)
2021-11-03Set/Reset Deadlines: Joint Status Report due by 11/30/2021 (hs) (Entered: 11/03/2021)
2021-11-3021Joint STATUS REPORT by GOVERNMENT ACCOUNTABILITY PROJECT, OPEN THE GOVERNMENT. (Topic, Matthew) (Entered: 11/30/2021)
2021-12-01MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, and for good cause shown, it is hereby ORDERED that the parties shall submit a joint status report on or before January 17, 2022, regarding how they wish to proceed in this case. Signed by Judge Reggie B. Walton on December 1, 2021. (lcrbw3) (Entered: 12/01/2021)
2021-12-01Set/Reset Deadlines: Joint Status Report due by 1/17/2022. (adh) (Entered: 12/01/2021)
2022-01-1422STIPULATION of Dismissal by GOVERNMENT ACCOUNTABILITY PROJECT, OPEN THE GOVERNMENT. (Topic, Matthew) (Entered: 01/14/2022)
2022-01-18MINUTE ORDER. In light of the parties' 22 Stipulation of Dismissal, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on January 18, 2022. (lcrbw3) (Entered: 01/18/2022)
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