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Case TitleAMERICAN TRANSPARENCY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02339
Date Filed2022-08-08
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN TRANSPARENCY
doing business as OPENTHEBOOKS.COM
Case DescriptionAmerican Transparency submitted a FOIA request to the National Institute of Health for records concerning communications to or from a list of six named staff members. The agency acknowledged receipt of the request but after hearing nothing further from the agency, American Transparency 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

2022-08-081COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9426415) filed by AMERICAN TRANSPARENCY, D/B/A OPENTHEBOOKS.COM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Dep't of Health & Human Services, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney for DC)(Orfanedes, Paul) (Entered: 08/08/2022)
2022-08-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN TRANSPARENCY, D/B/A OPENTHEBOOKS.COM (Orfanedes, Paul) (Entered: 08/08/2022)
2022-08-09Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 08/09/2022)
2022-08-123SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/12/2022)
2022-08-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/12/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 9/11/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 08/17/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/16/2022 (Attachments: # 1 Affidavit of Cristina Rotaru)(Orfanedes, Paul) (Entered: 08/23/2022)
2022-08-305NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 08/30/2022)
2022-09-066Unopposed MOTION for Extension of Time to File by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Jones, Sian) (Entered: 09/06/2022)
2022-09-08MINUTE ORDER granting Defendant's 6 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendant's 6 Unopposed Motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint by October 12, 2022. Signed by Judge Timothy J. Kelly on 09/08/2022. (lctjk2) (Entered: 09/08/2022)
2022-10-127ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Jones, Sian) (Entered: 10/12/2022)
2022-10-13MINUTE ORDER: Before the Court in this FOIA case are a 1 complaint and an 7 answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by November 14, 2022. Signed by Judge Timothy J. Kelly on 10/13/2022. (lctjk2) (Entered: 10/13/2022)
2022-11-148Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 11/14/2022)
2022-11-14MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by December 14, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 11/14/2022. (lctjk2) (Entered: 11/14/2022)
2022-12-149Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Jones, Sian) (Entered: 12/14/2022)
2022-12-15MINUTE ORDER: Upon consideration of the parties' 9 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by January 16, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 12/15/2022. (lctjk2) (Entered: 12/15/2022)
2022-12-15Set/Reset Deadlines: Joint Status Report due by 1/16/2023. (zcam) (Entered: 12/15/2022)
2023-01-1310Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 01/13/2023)
2023-01-17MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 2, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 1/17/2023. (lctjk2) (Entered: 01/17/2023)
2023-03-0211Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 03/02/2023)
2023-03-02MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by April 4, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 3/2/2023. (lctjk2) (Entered: 03/02/2023)
2023-04-0312Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 04/03/2023)
2023-04-04MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by June 5, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 4/4/2023. (lctjk2) (Entered: 04/04/2023)
2023-06-0513Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 06/05/2023)
2023-06-06MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 3, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 6/6/2023. (lctjk2) (Entered: 06/06/2023)
2023-08-0314Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Jones, Sian) (Entered: 08/03/2023)
2023-08-04MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by October 2, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 8/4/2023. (lctjk2) (Entered: 08/04/2023)
2023-08-3115NOTICE of Appearance by Stephen DeGenaro on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DeGenaro, Stephen) (Entered: 08/31/2023)
2023-09-2716Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 09/27/2023)
2023-09-28MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file, by December 1, 2023, a further joint status report, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 9/28/2023. (lctjk2) (Entered: 09/28/2023)
2023-12-0117Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 12/01/2023)
2023-12-05MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file, by January 30, 2024, a further joint status report, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 12/5/23. (lctjk2) (Entered: 12/05/2023)
2024-01-2918Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file, by March 28, 2024, a further joint status report, unless a stipulation of dismissal is filed sooner. Signed by Judge Timothy J. Kelly on 1/30/2024. (lctjk2) (Entered: 01/30/2024)
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