Skip to content

Case Detail

[Subscribe to updates]
Case TitlePro Publica, Inc. v. United States Department of Health & Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv04092
Date Filed2020-05-28
Date Closed2023-05-22
JudgeJudge Lorna G. Schofield
PlaintiffPro Publica, Inc.
Case DescriptionPro Publica submitted FOIA requests to the Department of Health and Human Services for records concerning the oversight and use of the Strategic National Stockpile. Pro Publica also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Pro Publica filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Department of Health & Human Services
Documents
Docket
Complaint
Opinion/Order [19]
Opinion/Order [24]
Opinion/Order [52]
Opinion/Order [56]
Opinion/Order [67]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-281COMPLAINT against United States Department of Health & Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-20018367)Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-282CIVIL COVER SHEET filed..(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-283REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health & Human Services, re: 1 Complaint. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-284RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 05/28/2020)
2020-05-29CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 05/29/2020)
2020-05-29Magistrate Judge Katharine H. Parker 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 05/29/2020)
2020-05-29Case Designated ECF. (pc) (Entered: 05/29/2020)
2020-05-295ELECTRONIC SUMMONS ISSUED as to United States Department of Health & Human Services..(pc) (Entered: 05/29/2020)
2020-06-096AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Health & Human Services served on 6/1/2020, answer due 7/1/2020. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 06/09/2020)
2020-06-247ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at August 13, 2020 at 10:50 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. Initial Conference set for 8/13/2020 at 10:50 AM before Judge Lorna G. Schofield via telephone. (Signed by Judge Lorna G. Schofield on 6/24/2020) (rj) (Entered: 06/25/2020)
2020-06-298AFFIDAVIT OF SERVICE of June 24, 2020 Order of Judge Lorna G. Schofield served on U.S. Department of Health and Human Services on June 25, 2020. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 06/29/2020)
2020-07-019NOTICE OF APPEARANCE by Jennifer Ellen Blain on behalf of United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 07/01/2020)
2020-07-0110ANSWER to 1 Complaint. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 07/01/2020)
2020-07-1511FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul J. Safier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20693702. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pro Publica, Inc.. (Attachments: # 1 Affidavit of Paul J. Safier in Support, # 2 Exhibit A to Safier Aff., # 3 Text of Proposed Order).(Safier, Paul) Modified on 7/15/2020 (vba). (Entered: 07/15/2020)
2020-07-15>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for Paul J. Safier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20693702. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) (Entered: 07/15/2020)
2020-07-1512NOTICE OF APPEARANCE by Joseph Slaughter on behalf of Pro Publica, Inc...(Slaughter, Joseph) (Entered: 07/15/2020)
2020-07-1513MOTION for Paul Safier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pro Publica, Inc.. (Attachments: # 1 Affidavit of Paul Safier, # 2 Exhibit A to Safier Aff., # 3 Text of Proposed Order).(Safier, Paul) (Entered: 07/15/2020)
2020-07-15>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Paul Safier to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (vba) (Entered: 07/15/2020)
2020-07-1514MOTION for Al-Amyn Sumar to Withdraw as Attorney . Document filed by Pro Publica, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service).(Sumar, Al-Amyn) (Entered: 07/15/2020)
2020-07-1515DECLARATION of Al-Amyn Sumar in Support re: 14 MOTION for Al-Amyn Sumar to Withdraw as Attorney .. Document filed by Pro Publica, Inc...(Sumar, Al-Amyn) (Entered: 07/15/2020)
2020-08-0316ORDER granting 14 MOTION for Al-Amyn Sumar to Withdraw as Attorney. IT IS HEREBY ORDERED that the noticed request to withdraw Al-Amyn Sumar as counsel for Plaintiff Pro Publica, Inc. is granted, and the appearance of Mr. Sumar is hereby withdrawn as of the date of this Order. Attorney Al-Amyn Shiraz Sumar terminated. (Signed by Judge Lorna G. Schofield on 8/3/2020) (jca) (Entered: 08/03/2020)
2020-08-0617JOINT LETTER addressed to Judge Lorna G. Schofield from Joseph Slaughter, Paul J. Safier, Ellen Blain dated August 6, 2020 re: Pretrial Conference. Document filed by Pro Publica, Inc...(Slaughter, Joseph) (Entered: 08/06/2020)
2020-08-1018ORDER granting 13 Motion for Paul Safier to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 08/10/2020)
2020-08-1019ORDER: It is hereby ORDERED that the August 13, 2020, initial pretrial conference is cancelled. It is further ORDERED that the parties shall file a joint letter by August 21, 2020, providing a proposed schedule for the production and processing of documents, and, if necessary, summary judgment briefs. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/10/2020) (cf) (Entered: 08/10/2020)
2020-08-2120JOINT LETTER addressed to Judge Lorna G. Schofield from Paul J. Safier, Ellen Blain dated August 21, 2020 re: Proposed Schedule. Document filed by Pro Publica, Inc...(Safier, Paul) (Entered: 08/21/2020)
2020-08-2421MEMO ENDORSEMENT on re: 20 Letter filed by Pro Publica, Inc. ENDORSEMENT: Application GRANTED in part. By September 4, 2020, each party shall file a letter, not to exceed three (3) pages inclusive of any exhibits per Individual Rule III.A.1, providing its position on a schedule for the processing and production of responsive, non-exempt documents. (Signed by Judge Lorna G. Schofield on 8/24/2020) (cf) (Entered: 08/24/2020)
2020-09-0422RESPONSE re: 21 Memo Endorsement, . Document filed by Pro Publica, Inc...(Safier, Paul) (Entered: 09/04/2020)
2020-09-0423LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated September 4, 2020 re: HHS Processing Schedule. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 09/04/2020)
2020-09-1124ORDER: Upon review of the parties' submissions, it is hereby ORDERED that Defendant shall process and produce responsive non-exempt documents at a rate of at least 1,000 pages per month. Any disputes with respect to the processing or production of records under this Order shall be governed by Individual Rule II.B.2, concerning discovery disputes. It is further ORDERED that the parties shall file a joint status letter on the progress of the FOIA productions by September 30, 2020, and every 30 days thereafter. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/11/2020) (cf) (Entered: 09/11/2020)
2020-09-3025LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated September 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 09/30/2020)
2020-10-3026LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated October 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 10/30/2020)
2020-11-3027LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated November 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 11/30/2020)
2020-12-3028LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated December 30, 2020 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 12/30/2020)
2021-02-0129LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated February 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 02/01/2021)
2021-03-0230LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated March 2, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 03/02/2021)
2021-04-0131LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated April 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 04/01/2021)
2021-05-0532MEMO ENDORSEMENT on re: 31 Letter filed by United States Department of Health & Human Services. ENDORSEMENT: The parties failed to submit a status update on May 3,2021, as required by the Court's Order at Docket Number 24. The parties shall file a status update by May 6, 2021. So Ordered. (Signed by Judge Lorna G. Schofield on 5/4/2021) (cf) (Entered: 05/05/2021)
2021-05-0533LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated May 5, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 05/05/2021)
2021-06-0134LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated June 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 06/01/2021)
2021-07-0135LETTER addressed to Judge Lorna G. Schofield from Paul Safier dated July 1, 2021 re: Joint Status Update. Document filed by Pro Publica, Inc...(Safier, Paul) (Entered: 07/01/2021)
2021-08-0236LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated August 2, 2021 re: Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 08/02/2021)
2021-09-0137LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated September 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 09/01/2021)
2021-10-0138LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated October 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 10/01/2021)
2021-11-0139LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated November 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 11/01/2021)
2021-12-0140LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated December 1, 2021 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 12/01/2021)
2022-01-0341LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated January 3, 2022 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 01/03/2022)
2022-02-0142LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated February 1, 2022 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 02/01/2022)
2022-03-0143LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated March 1, 2022 re: Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 03/01/2022)
2022-04-0144LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated April 1, 2022 re: Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 04/01/2022)
2022-05-0245LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated May 2, 2022 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 05/02/2022)
2022-06-0146LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated June 1, 2022 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 06/01/2022)
2022-07-0147LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated July 1, 2022 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 07/01/2022)
2022-08-0148LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated August 1, 2022 re: Joint Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 08/01/2022)
2022-08-2449JOINT LETTER MOTION to Stay Production for 60 Days addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated August 24, 2022. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 08/24/2022)
2022-08-2550ORDER: granting 49 Letter Motion to Stay re: 49 JOINT LETTER MOTION to Stay Production for 60 Days. addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated August 24, 2022. Application GRANTED. Production is STAYED,and HHS will resume production at the prior pace of at least 1,000 pages per month in November 2022. The parties shall file a joint status letter on October 17, 2022. (Signed by Judge Lorna G. Schofield on 8/25/2022) (ama) (Entered: 08/25/2022)
2022-10-1751JOINT LETTER MOTION to Stay for Additional 45 Days addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated October 17, 2022. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 10/17/2022)
2022-10-1852ORDER: granting 51 Letter Motion to Stay re: 51 JOINT LETTER MOTION to Stay for Additional 45 Days. addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated October 17, 2022. Application GRANTED. Production shall remain STAYED, and HHS will resume production at the prior pace of at least 1,000 pages per month in January 2023. The parties shall file a joint status letter on December 1, 2023. (Signed by Judge Lorna G. Schofield on 10/18/2022) (ama) (Entered: 10/18/2022)
2022-12-0153LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated December 1, 2022 re: Status Update & Stay Request. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 12/01/2022)
2022-12-0254MEMO ENDORSEMENT: on re: 53 Letter filed by United States Department of Health & Human Services. ENDORSEMENT: Application GRANTED. Production shall remain STAYED, and HHS will resume production at the prior pace of at least 1,000 pages per month in February 2023. The parties shall file a joint status letter on January 17, 2023. (Signed by Judge Lorna G. Schofield on 12/02/2022) (ama) (Entered: 12/02/2022)
2023-01-1755JOINT LETTER MOTION to Stay by Thirty Days addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated January 17, 2023. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 01/17/2023)
2023-01-1856ORDER granting 55 Letter Motion to Stay re: 55 JOINT LETTER MOTION to Stay by Thirty Days addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated January 17, 2023. Application GRANTED. Production shall remain STAYED, and HHS will resume production at the prior pace of at least 1,000 pages per month in March 2023. The parties shall file a joint status letter on January 26, 2023, and every Thursday thereafter until otherwise directed. No further extensions will be granted absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/18/2023) (ate) (Entered: 01/18/2023)
2023-01-2657LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated January 26, 2023 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 01/26/2023)
2023-02-0258LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated February 2, 2023 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 02/02/2023)
2023-02-1059LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated February 10, 2023 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 02/10/2023)
2023-02-1660LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated February 16, 2023 re: Joint Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 02/16/2023)
2023-02-1761MEMO ENDORSEMENT: on re: 60 Letter filed by United States Department of Health & Human Services. ENDORSEMENT: Application GRANTED. The parties shall file a status letter by March 20, 2023, if they have not filed a stipulation of dismissal before then. The parties need not file weekly status letters between now and March 20, 2023. (Signed by Judge Lorna G. Schofield on 2/17/2023) (ama) (Entered: 02/17/2023)
2023-03-2062LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated March 20, 2023 re: Status Report. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 03/20/2023)
2023-03-2163MEMO ENDORSEMENT: on re: 62 Letter filed by United States Department of Health & Human Services. ENDORSEMENT: Application GRANTED. The parties shall file a status letter by April 20, 2023, if they have not filed a stipulation of dismissal before then. (Signed by Judge Lorna G. Schofield on 3/21/2023) (ama) (Entered: 03/21/2023)
2023-04-2064LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated April 20, 2023 re: Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 04/20/2023)
2023-04-2165MEMO ENDORSEMENT: on re: 64 Letter filed by United States Department of Health & Human Services. ENDORSEMENT: Application GRANTED. By May 19, 2023, theparties shall file either a status report on the progress of attorney's fees negotiations, or a stipulation of dismissal of the action. (Signed by Judge Lorna G. Schofield on 4/21/2023) (ama) (Entered: 04/21/2023)
2023-05-1966LETTER addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated May 19, 2023 re: Status Update. Document filed by United States Department of Health & Human Services..(Blain, Jennifer) (Entered: 05/19/2023)
2023-05-2267ORDER: The Court has been informed that the Parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made by June 9, 2023. Any application to reopen filed after June 9, 2023, may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences are CANCELED. (Signed by Judge Lorna G. Schofield on 5/22/2023) (ama) (Entered: 05/22/2023)
2023-05-22Set/Reset Deadlines: Motions due by 6/9/2023. (ama) (Entered: 05/22/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar