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Case TitleAugustine-Adams v. United States Department of Health and Human Services
DistrictDistrict of Utah
CityCentral
Case Number2:2023cv00916
Date Filed2023-12-20
Date ClosedOpen
JudgeMagistrate Judge Dustin B. Pead
PlaintiffKif Augustine-Adams
Case DescriptionKif Augustine-Adams submitted FOIA requests to the Department of Health and Human Services for records concerning the category of discharge assigned to unaccompanied children released from ORR custody and the zip code of the sponsor. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Augustine-Adams filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Health and Human Services
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-201COMPLAINT against United States Department of Health and Human Services (Filing fee $ 405, receipt number AUTDC-4914087) filed by Kif Augustine-Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Civil Cover Sheet) (Goodwin, Scott) (Entered: 12/20/2023)
2023-12-202Requested Summons as to United States Department of Health and Human Services. (Attachments: # 1 Summons to U.S. Attorney General, # 2 Summons to U.S. Attorney for the District of Utah)(Goodwin, Scott) (Entered: 12/20/2023)
2023-12-20Magistrate Judge Cecilia M. Romero added. Case number will now read 2:23-cv-00916-CMR. Please make changes to document captions accordingly. (sg) (Entered: 12/20/2023)
2023-12-203Summons Issued Electronically as to United States Department of Health and Human Services. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) (Entered: 12/20/2023)
2023-12-204Summons Issued Electronically as to U.S Attorney General. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) (Entered: 12/20/2023)
2023-12-205Summons Issued Electronically as to United States Department of Health and Human Services U.S Attorney for the District of Utah. Instructions to Counsel: 1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (sg) Modified on 12/20/2023 Clerk corrected the name as to whom the summons issued (sg). (Entered: 12/20/2023)
2023-12-216ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 12/21/2023. (haa) (Entered: 12/22/2023)
2023-12-287SUMMONS Returned Executed by Kif Augustine-Adams. United States Department of Health and Human Services served on 12/22/2023, answer due 2/20/2024. (Attachments: # 1 Proof of Service for U.S. Attorney for the District of Utah, # 2 Proof of Service for U.S. Attorney General)(Goodwin, Scott) (Entered: 12/28/2023)
2024-02-208Stipulated MOTION for Extension of Time to File Answer re 1 Complaint,, and Memorandum in Support filed by Defendant United States Department of Health and Human Services. Attorney Melina Shiraldi added to party United States Department of Health and Human Services(pty:dft)(Shiraldi, Melina) (Entered: 02/20/2024)
2024-02-219ORDER granting 8 Motion for Extension of Time to Answer. The deadline for Defendant to respond to Plaintiff's 1 Complaint is extended to March 5, 2024. Signed by Magistrate Judge Cecilia M. Romero on 2/21/2024. (mh) (Entered: 02/21/2024)
2024-02-2210NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Kif Augustine-Adams, Defendant United States Department of Health and Human Services. Form due by 3/14/2024. (mh) (Entered: 02/22/2024)
2024-02-2211RECEIVED Consent/Reassignment Form from Defendant United States Department of Health and Human Services. (mh) (Entered: 02/22/2024)
2024-02-2412RECEIVED Consent/Reassignment Form from Plaintiff Kif Augustine-Adams. (mh) (Entered: 02/26/2024)
2024-02-2613NOTICE OF CONSENT Under DUCivR 72-4, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent. (mh) (Entered: 02/26/2024)
2024-03-0414SUBSTITUTION OF COUNSEL John J. Nielsen replacing Scott D. Goodwin as counsel on behalf of Kif Augustine-Adams. (Nielsen, John) (Entered: 03/04/2024)
2024-03-0515ANSWER to Complaint filed by United States Department of Health and Human Services.(Shiraldi, Melina) (Entered: 03/05/2024)
2024-03-0716MOTION for Change of Judge filed by Defendant United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Shiraldi, Melina) (Entered: 03/07/2024)
2024-03-0817ORDER granting 16 Motion for Change of Judge. Magistrate Judge Dustin B. Pead added as presiding judge - case number is now 2:23cv00916 DBP . Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Magistrate Judge Cecilia M. Romero on 3/8/24 (alt) (Entered: 03/08/2024)
2024-03-1118NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form motion is available on the court's website. Notice e-mailed or mailed to Plaintiff Kif Augustine-Adams, Defendant United States Department of Health and Human Services. (alf) (Entered: 03/11/2024)
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by FOIA Project Staff
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