Skip to content

Case Detail

[Subscribe to updates]
Case TitleFLEGAL v. DEPARTMENT HEALTH HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02386
Date Filed2022-08-12
Date Closed2023-01-25
JudgeJudge Tanya S. Chutkan
PlaintiffKATHERINE FLEGAL PhD
Case DescriptionKatherine Flegal submitted a FOIA request to the Department of Health and Human Services for records relating to an article that appeared in Progress in Cardiovascular Diseases. The agency acknowledged receipt of the request and told Flegal it was transferring her request to the National Institute of Health for response. After hearing nothing further from the agency, Flegal filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDEPARTMENT HEALTH HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-121COMPLAINT against DEPARTMENT HEALTH HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9438315) filed by KATHERINE FLEGAL. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Stotter, Daniel) (Entered: 08/12/2022)
2022-08-16Case Assigned to Judge Tanya S. Chutkan. (zmrl) (Entered: 08/16/2022)
2022-08-162SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/16/2022)
2022-11-11MINUTE ORDER TO SHOW CAUSE: Plaintiff filed this action on August 12, 2022, and the Clerk of the Court issued the summons on August 16, 2022. It appears from the record that Plaintiff has yet to effectuate service on the Defendant. Therefore, it is hereby ORDERED that Plaintiff SHOW CAUSE, in writing, on or before November 21, 2022, why this action should not be dismissed for failure to prosecute. Should Plaintiff fail to effectuate service or satisfactorily respond to the present order by November 21, 2022, the court may dismiss this action without further notice. See Fed. R. Civ. P. 4(m). Signed by Judge Tanya S. Chutkan on 11/11/2022. (lcja) (Entered: 11/11/2022)
2022-11-11Set/Reset Deadline: Response to Minute Order to Show Cause due by 11/21/2022. (jth) (Entered: 11/12/2022)
2022-11-143NOTICE of Appearance by Stephanie R. Johnson on behalf of DEPARTMENT HEALTH HUMAN SERVICES (Johnson, Stephanie) (Entered: 11/14/2022)
2022-11-144Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by DEPARTMENT HEALTH HUMAN SERVICES. (Johnson, Stephanie) (Entered: 11/14/2022)
2022-11-15MINUTE ORDER: Defendant's 4 Consent Motion for Extension of Time to respond to Plaintiff's complaint is hereby GRANTED. Defendant's Answer, or other response, is due no later than December 16, 2022. Signed by Judge Tanya S. Chutkan on 11/15/2022. (lcja) (Entered: 11/15/2022)
2022-11-16Set/Reset Deadlines: Answer due by 12/16/2022. (tb) (Entered: 11/16/2022)
2022-11-215ENTERED IN ERROR.....RESPONSE TO ORDER TO SHOW CAUSE filed by KATHERINE FLEGAL. (Stotter, Daniel) Modified on 11/22/2022 counsel refiled at Entry 6 (zjm). (Entered: 11/21/2022)
2022-11-216RESPONSE TO ORDER TO SHOW CAUSE (Corrected) filed by KATHERINE FLEGAL. (Stotter, Daniel) (Entered: 11/21/2022)
2022-11-22MINUTE ORDER: Plaintiff's obligations pursuant to the court's November 11, 2022, Show Cause Order are hereby DISCHARGED. Signed by Judge Tanya S. Chutkan on 11/22/2022. (lcja) (Entered: 11/22/2022)
2022-12-167ANSWER to Complaint by DEPARTMENT HEALTH HUMAN SERVICES.(Johnson, Stephanie) (Entered: 12/16/2022)
2022-12-19MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than February 1, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 12/19/2022. (lcja) (Entered: 12/19/2022)
2022-12-20Set/Reset Deadlines: Joint Status Report due by 2/1/2023. (tb) (Entered: 12/20/2022)
2023-01-248STIPULATION of Dismissal by DEPARTMENT HEALTH HUMAN SERVICES. (Johnson, Stephanie) (Entered: 01/24/2023)
2023-01-25MINUTE ORDER: Upon consideration of the parties' 8 Stipulation of Dismissal, this action is hereby DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by Judge Tanya S. Chutkan on 1/25/2023. (lcja) (Entered: 01/25/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar