Case Detail

FOIA Project Annotation: Judge Trevor McFadden has dismissed the Department of Health and Human Services' attempt to consolidate four of five FOIA suits brought against the agency by American Oversight after finding there is insufficient commonality between them to justify consolidation. While the suits all involved the impact of COVID-19 on the individual agencies, McFadden noted that one suit brought against the Centers for Disease Control alleging a pattern or practice of refusing to process reasonably described requests was unique. He pointed out that "none of the other four cases involved a similar claim, so that is not a common factual or legal question. And since the scope of that case differs from the others, there is little risk that Judge Mehta's ruling there will conflict with rulings in the other cases." Another case had been brought against the Department of Treasury, Department of State, and the Centers for Medicare and Medicaid Services. For this suit, McFadden explained that "here, no countervailing factors strongly support consolidation. The scope of the requests is different." He agreed that another case assigned to Judge James Boasberg could be consolidated. He then commented on when cases might be ripe for consolidation. He noted that "a case with this posture could well present grounds for consolidation on slightly different facts. Indeed, the common plaintiff in each of these cases and the government agencies' preference for consolidation present an attractive argument for consolidation. More, concerns about judicial economy could justify consolidation in serial FOIA cases. But two concerns that may otherwise compel consolidation â€" an appearance of forum-shopping or a strong potential of inconsistent rulings on the same documents â€" do not seem to be present here. In the end, the differences between these cases counsel against consolidation."
Issues: Litigation - Jurisdiction - Venue

Date Filed	Doc #	Docket Text
2020-04-10	1	COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7009619) filed by American Oversight. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to USAO, # 3 Summons as to USAG, # 4 Summons as to HHS, # 5 Summons as to FDA)(Monahan, Christine) (Entered: 04/10/2020)
2020-04-10	2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by American Oversight (Monahan, Christine) (Entered: 04/10/2020)
2020-04-10		Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 04/10/2020)
2020-04-10	3	SUMMONS (4) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/10/2020)
2020-04-10	4	STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 4/10/2020. (lctnm3) (Entered: 04/10/2020)
2020-05-01	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/20/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/20/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/20/20., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/17/2020; U.S. FOOD AND DRUG ADMINISTRATION served on 4/14/2020 (Monahan, Christine) (Entered: 05/01/2020)
2020-05-20	6	NOTICE of Appearance by Kevin Matthew Snell on behalf of All Defendants (Snell, Kevin) (Entered: 05/20/2020)
2020-05-20	7	ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Snell, Kevin) (Entered: 05/20/2020)
2020-05-21	8	MOTION to Consolidate Cases by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Snell, Kevin) (Entered: 05/21/2020)
2020-06-04	9	NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Main Document 9 replaced on 6/4/2020) (zeg). (Entered: 06/04/2020)
2020-06-04	10	Memorandum in opposition to re 8 MOTION to Consolidate Cases filed by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration of Christine H. Monahan, # 2 Exhibit A, # 3 Text of Proposed Order)(Monahan, Christine) (Entered: 06/04/2020)
2020-06-11	11	REPLY to opposition to motion re 8 MOTION to Consolidate Cases filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 06/11/2020)
2020-06-25	12	MEMORANDUM ORDER. It is hereby ORDERED that the Defendants' 8 Motion to Consolidate Cases is GRANTED in part and DENIED in part. See attached Memorandum Order for further details. Signed by Judge Trevor N. McFadden on 6/25/2020. (lctnm3) (Entered: 06/25/2020)
2020-06-25		Cases Consolidated. Case 20-947 has been consolidated with 20-1064 pursuant to Minute Order entered 06/25/2020. ALL PLEADINGS MUST BE FILED IN LEAD CASE NO. 20-947. THE PARTIES ARE ADVISED NOT TO ELECT TO SPREAD TEXT WHEN FILING IN ECF. (eg) (Entered: 07/02/2020)
2020-06-26		Set/Reset Deadlines: Joint Status Report due by 7/23/2020. (hmc) (Entered: 06/26/2020)
2020-07-23	13	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 07/23/2020)
2020-07-23		MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before August 6, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/23/2020. (lctnm3) (Entered: 07/23/2020)
2020-07-23		Set/Reset Deadlines: Joint Status Report due by 8/6/2020. (hmc) (Entered: 07/23/2020)
2020-08-06	14	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 08/06/2020)
2020-08-10		MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before August 27, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/10/2020. (lctnm3) (Entered: 08/10/2020)
2020-08-10		Set/Reset Deadlines: Joint Status Report due by 8/27/2020. (zhmc) (Entered: 08/10/2020)
2020-08-27	15	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 08/27/2020)
2020-08-27		MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before October 26, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/27/2020. (lctnm3) (Entered: 08/27/2020)
2020-08-27		Set/Reset Deadlines: Joint Status Report due by 10/26/2020. (hmc) (Entered: 08/27/2020)
2020-10-23	16	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 10/23/2020)
2020-10-26		MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than January 14, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/26/2020. (lctnm3) (Entered: 10/26/2020)
2020-10-26		Set/Reset Deadlines: Joint Status Report due by 1/14/2021. (hmc) (Entered: 10/26/2020)
2021-01-13	17	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 01/13/2021)
2021-01-14		MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than April 14, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/14/2021. (lctnm3) (Entered: 01/14/2021)
2021-01-14		Set/Reset Deadlines: Joint Status Report due by 4/14/2021. (hmc) (Entered: 01/14/2021)
2021-04-13	18	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 04/13/2021)
2021-04-13		MINUTE ORDER. Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than July 14, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/13/2021. (lctnm3) (Entered: 04/13/2021)
2021-04-13		Set/Reset Deadlines: Joint Status Report due by 7/14/2021. (hmc) (Entered: 04/13/2021)
2021-06-03	19	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN OVERSIGHT. Attorney Christine H. Monahan terminated. (Monahan, Christine) (Entered: 06/03/2021)
2021-07-14	20	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 07/14/2021)
2021-07-14		MINUTE ORDER. Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than October 14, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/14/2021. (lctnm3) (Entered: 07/14/2021)
2021-07-15		Set/Reset Deadlines: Joint Status Report due by 10/14/2021. (hmc) (Entered: 07/15/2021)
2021-10-14	21	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Snell, Kevin) (Entered: 10/14/2021)
2021-10-14		MINUTE ORDER. Upon consideration of the parties' 21 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than January 17, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/14/2021. (lctnm3) (Entered: 10/14/2021)
2021-10-15		Set/Reset Deadlines: Joint Status Report due by 1/17/2022. (hmc) (Entered: 10/15/2021)
2021-12-14	22	NOTICE OF SUBSTITUTION OF COUNSEL by Liam Holland on behalf of All Defendants Substituting for attorney Kevin Matthew Snell (Holland, Liam) (Entered: 12/14/2021)
2022-01-18	23	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 01/18/2022)
2022-01-19		MINUTE ORDER. Upon consideration of the Parties' 23 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before April 13, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/19/2022. (lctnm3) (Entered: 01/19/2022)
2022-01-19		Set/Reset Deadlines: Joint Status Report due by 4/13/2022. (hmc) (Entered: 01/19/2022)
2022-04-13	24	Joint STATUS REPORT by AMERICAN OVERSIGHT. (Lewis, Emma) (Entered: 04/13/2022)
2022-04-13		MINUTE ORDER. Upon consideration of the Parties' 24 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before July 12, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/12/2022. (lctnm3) (Entered: 04/13/2022)
2022-04-14		Set/Reset Deadlines: Joint Status Report due by 7/12/2022. (hmc) (Entered: 04/14/2022)
2022-07-12	25	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 07/12/2022)
2022-07-13		MINUTE ORDER. Upon consideration of the Parties' 25 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before October 12, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/13/2022. (lctnm3) (Entered: 07/13/2022)
2022-07-13		Set/Reset Deadlines: Joint Status Report due by 10/12/2022. (hmc) (Entered: 07/13/2022)
2022-10-12	26	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 10/12/2022)
2022-10-12		MINUTE ORDER. Upon consideration of the 26 Joint Status Report, the Court ORDERS the parties to file another Joint Status Report on or before January 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/12/2022. (lctnm3) (Entered: 10/12/2022)
2022-10-13		Set/Reset Deadlines: Joint Status Report due by 1/10/2023. (hmc) (Entered: 10/13/2022)
2023-01-10	27	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 01/10/2023)
2023-01-10		MINUTE ORDER: After considering the 27 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before April 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/10/2023. (lctnm3) (Entered: 01/10/2023)
2023-01-10		Set/Reset Deadlines: Joint Status Report due by 4/10/2023. (hmc) (Entered: 01/10/2023)
2023-04-07	28	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 04/07/2023)
2023-04-07		MINUTE ORDER: After considering the 28 Joint Status Report, the parties are hereby ORDERED to file another Joint Status Report on or before July 12, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/7/2023. (lctnm3) (Entered: 04/07/2023)
2023-04-07		Set/Reset Deadlines: Joint Status Report due by 7/12/2023. (hmc) (Entered: 04/07/2023)
2023-07-12	29	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 07/12/2023)
2023-07-13		MINUTE ORDER: After considering the 29 Joint Status Report, the parties are ORDERED to file another JSR on or before September 10, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/13/2023. (lctnm3) (Entered: 07/13/2023)
2023-07-13		Set/Reset Deadlines: Joint Status Report due by 9/10/2023. (hmc) (Entered: 07/13/2023)
2023-09-08	30	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 09/08/2023)
2023-09-08		MINUTE ORDER: Having considered the parties' 30 Joint Status Report, the Court ORDERS the parties to file another JSR on or before December 7, 2023, updating the Court on the status of this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/8/2023. (lctnm3) (Entered: 09/08/2023)
2023-12-07	31	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 12/07/2023)
2023-12-08		MINUTE ORDER: The Court ORDERS the parties to submit another Joint Status Report on or before March 6, 2024, updating the Court on the status of this case. If the parties resolve their dispute before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/7/2023. (lctnm3) (Entered: 12/08/2023)
2024-03-06	32	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 03/06/2024)
2024-03-06		MINUTE ORDER: The Court ORDERS the parties to submit another Joint Status Report on or before June 4, 2024, updating the Court on the status of this case. If the parties resolve their dispute before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/6/2024. (lctnm3) (Entered: 03/06/2024)
2024-06-04	33	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 06/04/2024)
2024-06-04		MINUTE ORDER: The Court ORDERS the parties to submit another Joint Status Report on or before September 4, 2024, updating the Court on the status of this case. If the parties resolve their dispute before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/4/2024. (lctnm3) (Entered: 06/04/2024)
2024-08-26	34	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. FOOD AND DRUG ADMINISTRATION. (Holland, Liam) (Entered: 08/26/2024)
2024-08-26		MINUTE ORDER: The Court ORDERS the parties to submit another Joint Status Report on or before November 25, 2024, updating the Court on the status of this case. If the parties resolve their dispute before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/26/2024. (lctnm3) (Entered: 08/26/2024) (Entered: 08/26/2024)
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