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Case TitleReproductive Rights and Justice Project v. HHS
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2018cv00440
Date Filed2018-03-14
Date Closed2020-11-16
JudgeJudge Alfred V. Covello
PlaintiffReproductive Rights and Justice Project
Case DescriptionThe Reproductive Rights & Justice Project at Yale Law School submitted a FOIA request to the Department of Health and Human Services for records concerning emails from a list of domain names and from a list of conservative organizations, and any emails from outside organizations mentioning Planned Parenthood. The RRJP also requested inclusion in the educational fee category. The agency acknowledged receipt of the request and told RRJP that it was being referred to the HHS Program Support Center for response. After hearing nothing further from the agency. RRJP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDept. of HHS U.S.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-141COMPLAINT against Dept. of HHS ( Filing fee $400 receipt number ACTDC-4755149.), filed by Reproductive Rights and Justice Project. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Acknowledgment, # 3 Exhibit Narrowed Request, # 4 Exhibit Correspondence, # 5 Exhibit Further Correspondence)(Kenney, Cortelyou) (Entered: 03/14/2018)
2018-03-142AMENDED COMPLAINT against Dept. of HHS, filed by Reproductive Rights and Justice Project. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Acknowledgment, # 3 Exhibit Narrowed Request, # 4 Exhibit Correspondence, # 5 Exhibit Further Correspondence, # 6 Corporate Disclosure Statement, # 7 Civil Cover Sheet)(Kenney, Cortelyou) (Entered: 03/14/2018)
2018-03-14Request for Clerk to issue summons as to Dept. of HHS. (Kenney, Cortelyou) (Entered: 03/14/2018)
2018-03-143Corporate Disclosure Statement by Reproductive Rights and Justice Project. (Walker, J.) (Entered: 03/15/2018)
2018-03-14Judge Alfred V. Covello added. (Anastasio, F.) (Entered: 03/15/2018)
2018-03-144ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alfred V. Covello on 3/14/2018.(Bozek, M.) (Entered: 03/16/2018)
2018-03-165NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Corporate Disclosure Statement filed by Reproductive Rights and Justice Project, 1 Complaint, filed by Reproductive Rights and Justice Project, Request to Issue Summons, 2 Amended Complaint, filed by Reproductive Rights and Justice Project, and 4 Electronic Filing Order. Signed by Clerk on 3/16/2018.(Bozek, M.) (Entered: 03/16/2018)
2018-03-166ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Dept. of HHS* with answer to complaint due within *30* days. Attorney *Cortelyou C. Kenney* *Yale Law School* *127 Wall St.* *New Haven, CT 06520*. (Bozek, M.) (Entered: 03/16/2018)
2018-03-297SUMMONS Returned Executed by Reproductive Rights and Justice Project. All Defendants. (Attachments: # 1 Affidavit Affidavit of Service)(Kenney, Cortelyou) (Entered: 03/29/2018)
2018-03-308MOTION for Attorney(s) Priscilla J. Smith to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4775847) by Reproductive Rights and Justice Project. (Attachments: # 1 Affidavit)(Kenney, Cortelyou) (Entered: 03/30/2018)
2018-04-029ORDER granting 8 motion to appear pro hac vice. Certificate of good standing due on or before 6/1/2018. Signed by Judge Alfred V. Covello on April 2, 2018. (Kontyko, K.) (Entered: 04/02/2018)
2018-04-1910NOTICE of Appearance by Priscilla Joyce Smith on behalf of Reproductive Rights and Justice Project (Smith, Priscilla) (Entered: 04/19/2018)
2018-04-2311ANSWER to 2 Amended Complaint, with Affirmative Defenses. by Dept. of HHS.(Elicker, Natalie) (Entered: 04/23/2018)
2018-04-2312NOTICE of Appearance by Natalie Nicole Elicker on behalf of Dept. of HHS (Elicker, Natalie) (Entered: 04/23/2018)
2018-04-2613First MOTION for Leave to Appear Law Student Appearance Julia Coppelman Attorney Priscilla J. Smith. by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 04/26/2018)
2018-04-2614Second MOTION for Leave to Appear Law Student Appearance Becca Steinberg Attorney Priscilla J. Smith. by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 04/26/2018)
2018-04-2715ORDER granting 13 motion to appear as a law student intern. Signed by Judge Alfred V. Covello on April 27, 2018. (Kontyko, K.) (Entered: 04/27/2018)
2018-04-2716ORDER granting 14 motion to appear as a law student intern. Signed by Judge Alfred V. Covello on April 27, 2018. (Kontyko, K.) (Entered: 04/27/2018)
2018-05-1817CERTIFICATE OF GOOD STANDING re 8 MOTION for Attorney(s) Priscilla J. Smith to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4775847) by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 05/18/2018)
2018-06-2818Joint STATUS REPORT Proposed Schedule by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 06/28/2018)
2018-08-2119Joint STATUS REPORT by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 08/21/2018)
2018-11-2920Joint STATUS REPORT Proposed Scheduling Order by Dept. of HHS. (Elicker, Natalie) (Entered: 11/29/2018)
2019-01-2221SCHEDULING ORDER: discovery due by 3/14/2019; dispositive motions due by 4/19/2019; trial brief due by 5/17/2019; joint trial memorandum due by 6/27/2019. The case shall be ready for trial by 7/18/2019. Signed by Judge Alfred V. Covello on 1/22/19. (Hall, Gregory) (Entered: 01/22/2019)
2019-01-2522AMENDED SCHEDULING ORDER: discovery due on or before 3/14/19; dispositive motions due on or before 4/19/19; trial brief due on or before 5/17/19. The case shall be ready for trial on or before 6/27/19. Signed by Judge Alfred V. Covello on 1/25/19. (Hall, Gregory) (Entered: 01/25/2019)
2019-02-0423Joint STATUS REPORT by Dept. of HHS. (Elicker, Natalie) (Entered: 02/04/2019)
2019-03-1324Consent MOTION for Extension of Time until 4/13/19 for Production Deadline by Dept. of HHS. (Elicker, Natalie) (Entered: 03/13/2019)
2019-03-1425ORDER granting 24 motion for extension of time. The scheduling order is hereby amended as follows: production of responsive, non-exempt records due on or before 4/13/19; dispositive motions due on or before 5/19/19; trial brief due on or before 6/16/19. The case shall be ready for trial on or before 7/27/19. Signed by Judge Alfred V. Covello on 3/14/19. (Hall, Gregory) (Entered: 03/14/2019)
2019-03-14Reset Deadlines per 25 Order: Dispositive Motions due by 5/19/2019. Trial Brief due by 6/16/2019. Trial Ready Date 7/27/2019. (Bozek, M.) (Entered: 03/15/2019)
2019-05-1526Consent MOTION for Extension of Time until 6/3/2019 for production of search declaration and Vanghn Index, and for other modification of the scheduling order by Dept. of HHS. (Elicker, Natalie) (Entered: 05/15/2019)
2019-05-2027ORDER granting 26 motion for extension of time. The scheduling order is hereby amended as follows: defendant's production of search declarations and Vaughn indices due by 6/3/19; plaintiff's notification of non contested matters due by 6/24/19; dispositive motions due by 7/24/19; trial brief due by 8/16/19. The case shall be ready for trial by 9/27/19. Signed by Judge Alfred V. Covello on 5/20/19. (Hall, Gregory) (Entered: 05/20/2019)
2019-05-20Reset Deadlines per 27 Order: Dispositive Motions due by 7/24/2019. Trial Brief due by 8/16/2019. Trial Ready Date 9/27/2019. (Bozek, M.) (Entered: 05/24/2019)
2019-07-1928Consent MOTION for Extension of Time until 8/7/2019 to file dispositive motions by Dept. of HHS. (Elicker, Natalie) (Entered: 07/19/2019)
2019-07-2229Consent MOTION for Extension of Time until 8/23/2019 for defendant's summary judgment motion, and other modification of the scheduling order as described by Dept. of HHS. (Elicker, Natalie) (Entered: 07/22/2019)
2019-07-2330ORDER granting in part and denying in part 28 motion for extension of time; granting in part and denying in part 29 motion for extension of time. The scheduling order is hereby amended as follows: dispositive motions due by 8/23/19; trial brief due by 9/20/19. The case shall be ready for trial by 10/18/19. Signed by Judge Alfred V. Covello on 7/23/19. (Hall, Gregory) (Entered: 07/23/2019)
2019-07-23Reset Deadlines per 30 Order: Dispositive Motions due by 8/23/2019. Trial Brief due by 9/20/2019. Trial Ready Date 10/18/2019. (Bozek, M.) (Entered: 07/24/2019)
2019-08-2331MOTION for Summary Judgment by Reproductive Rights and Justice Project.Responses due by 9/13/2019 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Affidavit Declaration of Faren M. Tang, # 4 Exhibit Ex. A, # 5 Exhibit Ex. B, # 6 Exhibit Ex. C, # 7 Exhibit Ex. D, # 8 Errata Ex. E, # 9 Exhibit Ex. F, # 10 Exhibit Ex. G, # 11 Exhibit Ex. H, # 12 Exhibit Ex. I, # 13 Exhibit Ex. J, # 14 Exhibit Ex. K, Cont. Doc. 1, # 15 Exhibit Ex. L, Cont. Doc. 2, # 16 Exhibit Ex. M, ConT.Doc. 3, # 17 Exhibit Ex. N, Cont. Doc. 4, # 18 Exhibit Ex. O, Cont. Doc. 5, # 19 Exhibit Ex. P, Cont. Doc. 6, # 20 Exhibit Ex. Q, Cont. Doc. 7, # 21 Exhibit Ex. R, Cont. Doc. 8, # 22 Exhibit Ex. S, Cont. Doc. 9, # 23 Exhibit Ex. T, Cont. Doc. 10, # 24 Exhibit Ex. U, Cont. Doc. 11, # 25 Exhibit Ex. V, Cont. Doc. 12, # 26 Exhibit Ex. W, Cont. Doc. 13, # 27 Exhibit Ex. X, Cont. Doc. 14, # 28 Exhibit Ex. Y, Cont. Doc. 15, # 29 Exhibit Ex. Z, Cont. Doc. 16, # 30 Exhibit Ex. AA, Cont. Doc. 17, # 31 Exhibit Ex. BB, Cont. Doc. 18, # 32 Exhibit Ex. CC, Cont. Doc. 19, # 33 Exhibit Ex. DD, Cont. Doc. 20, # 34 Exhibit Ex. EE, Cont. Doc. 21)(Smith, Priscilla) (Entered: 08/23/2019)
2019-08-2332MOTION for Summary Judgment by Dept. of HHS.Responses due by 9/13/2019 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Exhibit List, # 4 Exhibit A - M. Marquis Decl. & attachments, # 5 Exhibit B - Vaughn Index (operative), # 6 Exhibit C - N. Elicker Decl. & attachments, # 7 Exhibit Contested Records, Exhibits 1-21)(Elicker, Natalie) (Entered: 08/23/2019)
2019-09-1333MOTION for Leave to Appear Law Student Appearance of Erica Chae by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 09/13/2019)
2019-09-1334MOTION for Leave to Appear Law Student Appearance of Eugene Kim by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 09/13/2019)
2019-09-1335Memorandum in Opposition re 32 MOTION for Summary Judgment filed by Reproductive Rights and Justice Project. (Attachments: # 1 Statement of Material Facts Local Rule 56(a)(2) Statement)(Smith, Priscilla) (Entered: 09/13/2019)
2019-09-1636Consent MOTION for Extension of Time to File Response/Reply as to 31 MOTION for Summary Judgment until 9/20/2019 by Dept. of HHS. (Elicker, Natalie) (Entered: 09/16/2019)
2019-09-1637ORDER granting 36 consent motion for extension of time for the defendant to file a response/reply to the plaintiff's 31 motion for summary judgment, nunc pro tunc. The time for the the defendant to respond is hereby extended to and including September 20, 2019. Signed by Judge Alfred V. Covello on 9/16/2019. (Sondergeld, C.) (Entered: 09/16/2019)
2019-09-16Reset Deadlines as to 31 MOTION for Summary Judgment . Responses due by 9/20/2019. See 37 Order. (Bozek, M.) (Entered: 09/17/2019)
2019-09-1738ORDER granting 33 motion for leave of law student, Erica Chae, to appear, by Attorney Priscilla Smith on behalf of Reproductive Rights and Justice Project. Signed by Judge Alfred V. Covello on 9/17/2019. (Sondergeld, C.) (Entered: 09/17/2019)
2019-09-1739ORDER granting 34 motion for leave of law student, Eugene K. Kim, to appear, by Attorney Priscilla Smith on behalf of Reproductive Rights and Justice Project. Signed by Judge Alfred V. Covello on 9/17/2019. (Sondergeld, C.) (Entered: 09/17/2019)
2019-09-1940RESPONSE re 32 MOTION for Summary Judgment by Dept. of HHS . (Elicker, Natalie) (Entered: 09/19/2019)
2019-09-1941EXHIBIT by Dept. of HHS. (Elicker, Natalie) (Entered: 09/19/2019)
2019-09-2742REPLY to Response to 32 MOTION for Summary Judgment filed by Dept. of HHS. (Elicker, Natalie) (Entered: 09/27/2019)
2019-10-0343REPLY to Response to 31 MOTION for Summary Judgment filed by Reproductive Rights and Justice Project. (Smith, Priscilla) (Entered: 10/03/2019)
2019-10-0444Notice of Additional Authority re 31 MOTION for Summary Judgment , 32 MOTION for Summary Judgment filed by Dept. of HHS. (Elicker, Natalie) (Entered: 10/04/2019)
2019-10-0845RESPONSE re 44 Notice of Additional Authority by Reproductive Rights and Justice Project . (Smith, Priscilla) (Entered: 10/08/2019)
2020-06-0146RULING on Motions for Summary Judgment: The plaintiff's 31 Motion for Summary Judgment is denied with respect to records 1 and 8-21 and denied without prejudice with respect to the remaining records. The defendant's 32 Motion for Summary Judgment is granted with respect to documents 1 and 8-21 and denied without prejudice with respect to the remaining records. Signed by Judge Alfred V. Covello on 5/29/2020. (Bozek, M.) (Entered: 06/01/2020)
2020-06-2447NOTICE by Dept. of HHS re 46 Order on Motion for Summary Judgment,,, of filing records under seal (Elicker, Natalie) (Entered: 06/24/2020)
2020-06-2448Sealed Document: Notice of Filing Records Under Seal for In Camera Review by Dept. of HHS re 46 Order on Motion for Summary Judgment,,, . (Attachments: # 1 Record 2 Unredacted, # 2 Record 3 Unredacted, # 3 Record 4 Unredacted, # 4 Record 5 Unredacted, # 5 Record 6 Unredacted, # 6 Record 7 Unredacted)(Elicker, Natalie) (Entered: 06/24/2020)
2020-06-2549Joint STATUS REPORT re Court Order (ECF No. 46) & Notice (ECF No. 47-48) by Dept. of HHS. (Elicker, Natalie) (Entered: 06/25/2020)
2020-11-0650SUPPLEMENTAL ORDER re: In Camera Review. Therefore, with respect to these remaining documents, the HHS's 32 MOTION for Summary Judgment is granted and the RRJP's 31 MOTION for Summary Judgment is denied. As the court has addressed all outstanding issues in this case, the clerk is hereby directed render judgment in favor of the defendant and close this case. Signed by Judge Alfred V. Covello on 11/6/2020.(Bozek, M.) (Entered: 11/09/2020)
2020-11-1651JUDGMENT entered in favor of the Defendant. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 11/16/2020.(Bozek, M.) (Entered: 11/16/2020)
2020-11-16JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Bozek, M.) (Entered: 11/16/2020)
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