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Case Titlede Garay et al v. Health and Human Services (HHS)
DistrictSouthern District of Ohio
CityCincinnati
Case Number1:2022cv00512
Date Filed2022-09-03
Date Closed2024-01-19
JudgeJudge Susan J. Dlott
PlaintiffPatrick de Garay
PlaintiffStephanie de Garay
Case DescriptionPatrick and Stephanie De Garay submitted a FOIA request to the FDA for records concerning communications to or from seven agency officials pertaining t0 de Garay and another name. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the De Garays filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantHealth and Human Services (HHS)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-031COMPLAINT against Health and Human Services (HHS) ( Filing fee $ 402 paid - receipt number: AOHSDC-9032892), filed by Patrick De Garay, Stephanie De Garay. (Attachments: # 1 Exhibit Exhibit A - FOIA submittal, # 2 Exhibit Exhibit B - Acknowledgement Letter, # 3 Exhibit Exhibit C - EDC Request, # 4 Exhibit Exhibit D - EDC estimate, # 5 Civil Cover Sheet Civil Cover, # 6 Summons Form Summons Packet) (Wiest, Christopher) (Entered: 09/03/2022)
2022-09-06If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) (Entered: 09/06/2022)
2022-09-062Summons Issued as to Health and Human Services (HHS), U.S. Attorney and U.S. Attorney General. (eh) (Entered: 09/06/2022)
2022-09-063Certificate of Mailing: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: # 1 Certified Mail Receipt) (bjc) (Entered: 09/06/2022)
2022-09-084MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9037023) of Aaron Siri by Plaintiffs Patrick de Garay, Stephanie de Garay. (Attachments: # 1 Text of Proposed Order) (Wiest, Christopher) (Entered: 09/08/2022)
2022-09-085MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9037038) of Elizabeth Brehm by Plaintiffs Patrick de Garay, Stephanie de Garay. (Attachments: # 1 Text of Proposed Order) (Wiest, Christopher) (Entered: 09/08/2022)
2022-09-086MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9037044) of Colin Farnsworth by Plaintiffs Patrick de Garay, Stephanie de Garay. (Attachments: # 1 Text of Proposed Order) (Wiest, Christopher) (Entered: 09/08/2022)
2022-09-087Notice of Deficiency re 4 MOTION for Leave to Appear Pro Hac Vice of Aaron Siri, 5 MOTION for Leave to Appear Pro Hac Vice of Elizabeth Brehm, and 6 MOTION for Leave to Appear Pro Hac Vice of Colin Farnsworth: The motions are not signed by a permanent member of the bar of this Court. Deficiency Deadline by 9/22/2022. (kh) (Entered: 09/08/2022)
2022-09-088NOTICE by Plaintiffs Patrick de Garay, Stephanie de Garay re 7 Notice of Deficiency (Clerk's Notice), 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9037023) of Aaron Siri, 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9037044) of Colin Farnsworth, 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9037038) of Elizabeth Brehm (Attachments: # 1 Errata Corrected PHV motion - Siri, # 2 Errata Corrected PHV motion - Brehm, # 3 Errata Corrected PHV motion - Farnsworth) (Wiest, Christopher) (Entered: 09/08/2022)
2022-09-08Notation ORDER granting 4 Motion for Leave to Appear Pro Hac Vice of Aaron Siri, 5 Motion for Leave to Appear Pro Hac Vice of Elizabeth Brehm, and 6 Motion for Leave to Appear Pro Hac Vice of Colin Farnsworth as Co-Counsels. Co-Counsels are directed to register for efiling through PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 9/8/2022. (kh) (Entered: 09/08/2022)
2022-09-169NOTICE of Appearance by Margaret A Castro for Defendant Health and Human Services (HHS) (Castro, Margaret) (Entered: 09/16/2022)
2022-09-1910SUMMONS Returned Executed as to Defendant Health and Human Services (HHS). Health and Human Services (HHS) served on 9/13/2022, answer due 11/14/2022. (kl) (Entered: 09/19/2022)
2022-10-1211ANSWER to 1 Complaint, filed by Health and Human Services (HHS). (Castro, Margaret) (Entered: 10/12/2022)
2022-11-0712NOTICE of Hearing: Preliminary Pretrial Conference set for 1/10/2023 10:30 AM in Chambers before Judge Susan J. Dlott. (wam) (Entered: 11/07/2022)
2022-12-1313Response to Court's Notice (Doc. 12 ) and Motion to Vacate Preliminary Pretrial Conference - filed Jointly by Defendant Health and Human Services (HHS). (Castro, Margaret) Modified to Add Document Link on 12/13/2022 (bjc). (Entered: 12/13/2022)
2022-12-2114ORDER granting 13 response and motion to VACATE the PPTC scheduled for 1/10/2023. Signed by Judge Susan J. Dlott on 12/21/2022. (wam) (Entered: 12/21/2022)
2023-01-3015Joint STIPULATION and Proposed Order by Defendant Health and Human Services (HHS). (Castro, Margaret) Modified docket text on 1/30/2023 (eh). (Entered: 01/30/2023)
2023-02-0616ORDER granting 15 Joint Stipulation. Signed by Judge Susan J. Dlott on 2/6/2023. (wam) (Entered: 02/06/2023)
2023-04-2617STATUS REPORT by Plaintiffs Patrick de Garay, Stephanie de Garay. (Siri, Aaron) (Entered: 04/26/2023)
2023-05-1218NOTICE by Plaintiffs Patrick de Garay, Stephanie de Garay (Withdrawal of Appearance of Colin M. Farnsworth) (Brehm, Elizabeth) (Entered: 05/12/2023)
2023-07-2519STATUS REPORT [Joint Status Report] by Defendant Health and Human Services (HHS). (Castro, Margaret) (Entered: 07/25/2023)
2023-10-2720STATUS REPORT by Defendant Health and Human Services (HHS). (Castro, Margaret) (Entered: 10/27/2023)
2024-01-1821STIPULATION of Dismissal by Plaintiffs Patrick de Garay, Stephanie de Garay. (Brehm, Elizabeth) (Entered: 01/18/2024)
2024-01-19***Civil Case Terminated. (wam) (Entered: 01/19/2024)
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by FOIA Project Staff
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