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Case TitleAmerican Civil Liberties Union v. Department of Health and Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv00903
Date Filed2019-01-30
Date Closed2021-04-16
JudgeJudge Edgardo Ramos
PlaintiffAmerican Civil Liberties Union
Case DescriptionThe ACLU submitted a FOIA request to the Department of Health and Human Services for records concerning changes to the Title X family planning program. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [17]
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-301COMPLAINT against Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-16264587)Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Amiri, Brigitte) (Entered: 01/30/2019)
2019-01-302CIVIL COVER SHEET filed. (Amiri, Brigitte) (Entered: 01/30/2019)
2019-01-303RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union.(Amiri, Brigitte) (Entered: 01/30/2019)
2019-01-304REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health and Human Services, re: 1 Complaint,. Document filed by American Civil Liberties Union. (Amiri, Brigitte) (Entered: 01/30/2019)
2019-01-31***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brigitte Adrienne Amiri. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo) (Entered: 01/31/2019)
2019-01-31CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jgo) (Entered: 01/31/2019)
2019-01-31Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 01/31/2019)
2019-01-31Case Designated ECF. (jgo) (Entered: 01/31/2019)
2019-01-315ELECTRONIC SUMMONS ISSUED as to Department of Health and Human Services. (jgo) (Entered: 01/31/2019)
2019-02-256AFFIDAVIT OF SERVICE. Department of Health and Human Services served on 2/7/2019. Service was made by Mail. Document filed by American Civil Liberties Union. (Amiri, Brigitte) (Entered: 02/25/2019)
2019-03-047NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Department of Health and Human Services. (Doud, Rachael) (Entered: 03/04/2019)
2019-03-118ANSWER to 1 Complaint,. Document filed by Department of Health and Human Services.(Doud, Rachael) (Entered: 03/11/2019)
2019-04-029NOTICE OF APPEARANCE by Meagan Burrows on behalf of American Civil Liberties Union. (Burrows, Meagan) (Entered: 04/02/2019)
2019-09-0410JOINT LETTER addressed to Judge Edgardo Ramos from Meagan Burrows dated 9.4.2019 re: Case Status and Production Schedule. Document filed by American Civil Liberties Union.(Burrows, Meagan) (Entered: 09/04/2019)
2019-09-0511NOTICE OF INITIAL COURT CONFERENCE: Initial Conference set for 10/9/2019 at 10:30 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (kv) (Entered: 09/05/2019)
2019-09-1212JOINT LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Meagan Burrows dated 9/12/2019. Document filed by American Civil Liberties Union.(Burrows, Meagan) (Entered: 09/12/2019)
2019-09-1313ORDER granting 12 Letter Motion to Adjourn Conference. The October 4 initial conference is adjourned to February 20, 2020, at 11:30 a.m. (Initial Conference set for 2/20/2020 at 11:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 09/13/2019)
2020-02-1414SECOND LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Meagan Burrows dated February 14, 2020. Document filed by American Civil Liberties Union..(Burrows, Meagan) (Entered: 02/14/2020)
2020-02-1815ORDER granting 14 Letter Motion to Adjourn Conference. The February 20 initial pretrial conference is adjourned to June 4, 2020, at 3:30 PM. (Initial Conference set for 6/4/2020 at 03:30 PM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 02/18/2020)
2020-06-0216LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Meagan Burrows dated June 2, 2020. Document filed by American Civil Liberties Union..(Burrows, Meagan) (Entered: 06/02/2020)
2020-06-0217ORDER granting 16 Letter Motion to Adjourn Conference. The June 4 initial pretrial conference is adjourned to October 1, 2020 at 11 AM. SO ORDERED. Initial Conference set for 10/1/2020 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 6/2/2020) (va) (Entered: 06/02/2020)
2020-09-2818LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Meagan Burrows dated September 28, 2020. Document filed by American Civil Liberties Union..(Burrows, Meagan) (Entered: 09/28/2020)
2020-09-2819ORDER granting 18 Letter Motion to Adjourn Conference: The parties' request is granted. The initial pretrial conference is adjourned until March 5, 2021 at 11:30 a.m. The parties are also directed to submit a status report to the Court on February 22, 2021. (Initial Conference set for 3/5/2021 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/28/2020) (jwh) (Entered: 09/28/2020)
2020-10-06DOCKET ANNOTATION: Rescheduling Notice - The initial pretrial conference previously scheduled for 11:30 a.m. on March 5, 2021, is hereby rescheduled for 11:00 a.m. on March 5 . (jar) (Entered: 10/06/2020)
2020-10-06Set/Reset Hearings: Initial Conference set for 3/5/2021 at 11:00 AM before Judge Edgardo Ramos. (jar) (Entered: 10/06/2020)
2021-02-1920STATUS REPORT. Letter Document filed by American Civil Liberties Union..(Burrows, Meagan) (Entered: 02/19/2021)
2021-02-2221MEMO ENDORSEMENT on re: 20 Status Report filed by American Civil Liberties Union. ENDORSEMENT: Plaintiff's request to submit a status report on April 23, 2021 is granted. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 2/22/2021) (kv) (Entered: 02/22/2021)
2021-03-03DOCKET ANNOTATION: Cancellation Notice - The initial conference previously scheduled for March 5, 2021 is hereby cancelled. (jar) (Entered: 03/03/2021)
2021-04-1622PROPOSED STIPULATION AND ORDER. Document filed by American Civil Liberties Union..(Burrows, Meagan) (Entered: 04/16/2021)
2021-04-1623STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the ACLU and HHS, and subject to endorsement by the Court, that: The Government shall pay to the ACLU the sum of eight thousand dollars ($8,000) for attorneys' fees and litigation costs (the "Settlement Amount"). This payment shall constitute full and final satisfaction of any and all claims by the ACLU for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for the ACLU will provide the necessary information for the Government to effectuate the transfer. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 4/16/2021) (cf) Modified on 4/16/2021 (cf). (Entered: 04/16/2021)
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by FOIA Project Staff
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