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Case TitleDOWNS LAW GROUP, P.A. v. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00143
Date Filed2023-01-18
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffDOWNS LAW GROUP, P.A.
Case DescriptionThe Downs Law Group submitted a FOIA request to the National Institute for Safety and Health for records concerning the document Medical Pre-Placement Evaluation for Workers Engaged in Deep Horizon Response. The Downs Law Group also requested expedited processing. The agency acknowledged receipt of the request. The agency denied the Law Group's request for expedited processing. The agency located 722 pages of responsive records. It withheld 167 pages in full and 153 pages in part, under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 6 (invasion of privacy). The agency also charged $92.00 in fees. Downs Law Group filed an administrative appeal but after hearing nothing further from the agency, the Downs Law Group filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
Documents
Docket
Complaint
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Complaint attachment 11
Complaint attachment 12
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Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-181COMPLAINT against NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH ( Filing fee $ 402 receipt number ADCDC-9795084) filed by THE DOWNS LAW GROUP, P.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NIOSH, # 3 Summons USAG, # 4 Summons USAO-DC, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11)(Sorenson, C.) (Entered: 01/18/2023)
2023-01-19Case Assigned to Judge Amy Berman Jackson. (zcb) (Entered: 01/19/2023)
2023-01-192SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 01/19/2023)
2023-02-243AMENDED COMPLAINT against NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH filed by DOWNS LAW GROUP, P.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Sorenson, C.) (Entered: 02/24/2023)
2023-03-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH served on 1/26/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/27/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/27/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 2/26/2023.) (Sorenson, C.) (Entered: 03/02/2023)
2023-03-105NOTICE of Appearance by Douglas C. Dreier on behalf of NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (Dreier, Douglas) (Entered: 03/10/2023)
2023-03-106ANSWER to 3 Amended Complaint, by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH.(Dreier, Douglas) (Entered: 03/10/2023)
2023-03-10MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before April 7, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/10/2023. (lcabj1) (Entered: 03/10/2023)
2023-04-077STATUS REPORT by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH. (Dreier, Douglas) (Entered: 04/07/2023)
2023-04-12MINUTE ORDER. In light of the 7 status report, the parties must file another status report by May 4, 2023. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/12/2023. (lcabj1) (Entered: 04/12/2023)
2023-05-048Joint STATUS REPORT by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH. (Dreier, Douglas) (Entered: 05/04/2023)
2023-05-04MINUTE ORDER. In light of the 8 status report, the parties must file another status report by June 8, 2023. Signed by Judge Amy Berman Jackson on 5/4/2023. (lcabj1) (Entered: 05/04/2023)
2023-06-089Joint STATUS REPORT by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH. (Dreier, Douglas) (Entered: 06/08/2023)
2023-06-15MINUTE ORDER. In light of the 9 status report, the parties must file another status report by September 7, 2023. Signed by Judge Amy Berman Jackson on 6/15/2023. (lcabj1) (Entered: 06/15/2023)
2023-06-15Set/Reset Deadlines: Status Report due by 9/7/2023. (bb) (Entered: 06/15/2023)
2023-09-0710Joint STATUS REPORT by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH. (Dreier, Douglas) (Entered: 09/07/2023)
2023-09-11MINUTE ORDER. In light of the 10 status report, the parties must file another status report by December 7, 2023. Signed by Judge Amy Berman Jackson on 9/11/2023. (lcabj1) (Entered: 09/11/2023)
2023-12-0511Joint STATUS REPORT by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH. (Dreier, Douglas) (Entered: 12/05/2023)
2023-12-06MINUTE ORDER. In light of the 11 status report, the parties must file another status report by March 7, 2024. Signed by Judge Amy Berman Jackson on 12/6/2023. (lcabj1) (Entered: 12/06/2023)
2024-03-0512Joint STATUS REPORT by NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH. (Dreier, Douglas) (Entered: 03/05/2024)
2024-03-05MINUTE ORDER. In light of the 12 status report, the parties must file another status report by June 7, 2024. Signed by Judge Amy Berman Jackson on 3/5/2024. (lcabj1) (Entered: 03/05/2024)
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by FOIA Project Staff
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