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Case TitleCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv02254
Date Filed2019-07-29
Date Closed2020-07-08
JudgeJudge Rudolph Contreras
PlaintiffCITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON
Case DescriptionCitizens for Responsibility and Ethics in Washington submitted two FOIA requests to the Department of Health and Human Services for records concerning communications between John Kelly during the time he served as Secretary of Homeland Security and White House Chief of Staff. CREW's first request asked for communications between Kelly and Comprehensive Health Services, related entities, and detention facilities in Homeland, FL which housed detained migrants and was funded by the Administration for Children and Families. The agency told CREW its request was too broad and even after CREW protested, the agency ultimately closed the request. CREW's second request asked for communications between Kelly and a list of named individuals from January 2019 to the present. The agency told CREW that it was unable to search without an email address. CREW responded that an email address was not required to conduct a search. After hearing nothing further from the agency, CREW filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-291COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6284297) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons HHS, # 3 Summons Attorney General, # 4 Summons USAO)(Sus, Nikhel) (Entered: 07/29/2019)
2019-07-292LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Entered: 07/29/2019)
2019-07-29Case Assigned to Judge Rudolph Contreras. (zjd) (Entered: 07/29/2019)
2019-07-293SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjd) (Entered: 07/29/2019)
2019-08-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES served on 8/2/2019, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/5/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 9/4/2019.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/5/19. (Sus, Nikhel) (Entered: 08/06/2019)
2019-08-145NOTICE of Appearance by Damon William Taaffe on behalf of UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES (Taaffe, Damon) (Entered: 08/14/2019)
2019-08-146Consent MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES (Taaffe, Damon) (Entered: 08/14/2019)
2019-08-14MINUTE ORDER granting 6 Consent Motion for Extension of Time. It is hereby ORDERED that Defendant shall file its answer by September 18, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on August 14, 2019. (lcrc3) (Entered: 08/14/2019)
2019-08-15Set/Reset Deadlines: Answer due by 9/18/2019. (tj) (Entered: 08/15/2019)
2019-09-177ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES.(Taaffe, Damon) (Entered: 09/17/2019)
2019-09-17MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule by October 1, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on September 17, 2019. (lcrc3) (Entered: 09/17/2019)
2019-09-19Set/Reset Deadlines: Proposed Briefing Schedule due by 10/1/2019 (tj) (Entered: 09/19/2019)
2019-10-018Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Taaffe, Damon) (Entered: 10/01/2019)
2019-10-01MINUTE ORDER: Upon consideration of 8 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by October 31, 2019, describing the status of HHS's search efforts, the results to the extent they are known, and a proposed processing timetable. SO ORDERED. Signed by Judge Rudolph Contreras on October 1, 2019. (lcrc3) (Entered: 10/01/2019)
2019-10-319Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Taaffe, Damon) (Entered: 10/31/2019)
2019-10-31MINUTE ORDER: Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that the parties shall file a further status report by December 2, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on October 31, 2019. (lcrc3) (Entered: 10/31/2019)
2019-11-07Set/Reset Deadlines: Status Report due by 12/2/2019 (tj) (Entered: 11/07/2019)
2019-12-0210Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Taaffe, Damon) (Entered: 12/02/2019)
2019-12-02MINUTE ORDER: Upon consideration of 10 the parties' joint status report, it is hereby ORDERED that the parties shall submit a further joint status report by December 5, 2019, describing the status of HHS's search efforts, the results to the extent they are known, and a proposed processing timetable. SO ORDERED. Signed by Judge Rudolph Contreras on December 2, 2019. (lcrc3) (Entered: 12/02/2019)
2019-12-0411Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Taaffe, Damon) (Entered: 12/04/2019)
2019-12-04MINUTE ORDER: Upon consideration of 11 the parties' joint status report, it is hereby ORDERED that the parties shall submit a further joint status report on February 3, 2020, and every 60 days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on December 4, 2019. (lcrc3) (Entered: 12/04/2019)
2019-12-05Set/Reset Deadlines: Status Report due by 2/3/2020 (tj) (Entered: 12/05/2019)
2020-02-0312NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES Substituting for attorney Damon W. Taaffe (Caplen, Robert) (Entered: 02/03/2020)
2020-02-0313Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Caplen, Robert) (Entered: 02/03/2020)
2020-02-03MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report by April 3, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on February 3, 2020. (lcrc3) (Entered: 02/03/2020)
2020-02-05Set/Reset Deadlines: Status Report due by 4/3/2020. (tj) (Entered: 02/05/2020)
2020-04-0314Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Caplen, Robert) (Entered: 04/03/2020)
2020-06-0215Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Caplen, Robert) (Entered: 06/02/2020)
2020-06-02MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on August 1, 2020, and every 60 days thereafter. SO ORDERED. Signed by Judge Rudolph Contreras on 06/02/2020. (lcrc3) (Entered: 06/02/2020)
2020-06-02Set/Reset Deadlines: Status Report due by 8/1/2020. (tj) (Entered: 06/02/2020)
2020-06-2216Joint MOTION for Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Attachments: # 1 Text of Proposed Order)(Sus, Nikhel) (Entered: 06/22/2020)
2020-06-22MINUTE ORDER granting 16 Motion for Briefing Schedule. It is hereby ORDERED that Defendant shall file its motion for summary judgment on or before September 14, 2020; Plaintiff shall file its cross-motion for summary judgment and opposition to Defendant's motion on or before October 5, 2020; Defendant shall file its reply in support of its motion and opposition to Plaintiff's motion on or before October 19, 2020; and Plaintiff shall file its reply in support of its motion on or before November 2, 2020. It is FURTHER ORDERED that, insofar as it directs the parties to file a joint status report on August 1, 2020 and every 60 days thereafter, the Court's June 2, 2020 minute order is VACATED. SO ORDERED. Signed by Judge Rudolph Contreras on 06/22/2020. (lcrc3) (Entered: 06/22/2020)
2020-06-22Set/Reset Deadlines: Cross Motions due by 10/5/2020. Response to Cross Motions due by 10/19/2020. Reply to Cross Motions due by 11/2/2020. Status Report due by 8/1/2020 Summary Judgment motions due by 9/14/2020. Response to Motion for Summary Judgment due by 10/5/2020. Reply to Motion for Summary Judgment due by 10/19/2020. (tj) (Entered: 06/22/2020)
2020-07-0817STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES. (Caplen, Robert) (Entered: 07/08/2020)
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