Case Detail

FOIA Project Annotation: Judge Rudolph Contreras has ruled that Kohl Harrington is not eligible for attorney's fees for his FOIA litigation against the Department of Health and Human Services and the FDA in regard to ten requests for records mentioning his name. Contreras grouped Harrington's requests into three categories. The first category contained three requests for HHS emails mentioning his name. That search yielded up to 80,000 responsive records which was later reduced to 25,000 records. The second group consisted of six FOIA requests for email records from six HHS employees mentioning Harrington's name. The agency told Harrington that those requests would take 18-20 months to process because of their voluminous size. The third group of FOIA requests consisted of one request for all FDA appeals from January 2020 to July 2020. The agency also told Harrington that the request would take 18-20 months to process. Harrington filed suit and the agency processed all three groups of requests within 14 months. Harrington then filed a motion for attorney's fees, asking for $6,361 attorney's fees plus $1,049 in costs, arguing that he was eligible for fees and costs under the catalyst theory because his suit forced the agency to process his requests. By contrast, HHS argued that his suit had not caused the agency to disclose the records. Contreras agreed with HHS, noting that "the catalyst theory turns on whether a plaintiff's lawsuit 'substantially caused' the4 agency to release documents." He added that "Harrington has not met his burden to show that his lawsuit substantially caused HHS to release documents, as 'there is no reason to think' that HHS would not have released the documents absent Harrington's suit. Indeed, Harrington's own complaint acknowledges that HHS started processing his requests before he filed suit." He pointed out that "by the end of the agency's releases, Harrington had not challenged any withholdings by the agency. Taking these facts together, the Court is unpersuaded that Harrington's lawsuit 'substantially caused' HHS to release the requested records." Contreras concluded that "because Harrington is not eligible for fees, the Court does not address whether he is entitled to fees."
Issues: Litigation - Attorney's fees - Eligibility - Causal effect

Date Filed	Doc #	Docket Text
2020-09-21	1	COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7617457) filed by KOHL HARRINGTON. (Attachments: # 1 Exhibit 1-10, # 2 Exhibit 11-20, # 3 Civil Cover Sheet, # 4 Summons)(Wayne, Merrick) (Entered: 09/21/2020)
2020-09-21	2	NOTICE of Appearance by Merrick Jason Wayne on behalf of KOHL HARRINGTON (Wayne, Merrick) (Entered: 09/21/2020)
2020-09-21	3	NOTICE of Appearance by Matthew Topic on behalf of KOHL HARRINGTON (Topic, Matthew) (Entered: 09/21/2020)
2020-09-22		Case Assigned to Judge Rudolph Contreras. (adh, ) (Entered: 09/22/2020)
2020-09-22	4	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 09/22/2020)
2020-10-26	5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/1/2020 (Wayne, Merrick) (Entered: 10/26/2020)
2020-10-26	6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/1/2020. (Wayne, Merrick) (Entered: 10/26/2020)
2020-10-26	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/2/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/1/2020. (Wayne, Merrick) (Entered: 10/26/2020)
2020-11-02	8	ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 11/02/2020)
2020-11-02		VACATED as per minute order dated 11/16/2020............MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before November 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/2/2020. (lcrc1) (Entered: 11/02/2020)
2020-11-02		Set/Reset Deadlines: Proposed Briefing Schedule due by 11/16/2020. (tj) (Entered: 11/02/2020)
2020-11-16	9	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 11/16/2020)
2020-11-16		MINUTE ORDER: Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that the Court's minute order dated November 2, 2020, is VACATED. It is FURTHER ORDERED that the parties shall submit another joint status report on or before December 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 11/16/2020. (lcrc1) (Entered: 11/16/2020)
2020-11-16		Set/Reset Deadlines: Status Report due by 12/16/2020. (tj) (Entered: 11/16/2020)
2020-12-16	10	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 12/16/2020)
2020-12-16		MINUTE ORDER: Upon consideration of 10 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 22, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 12/16/2020. (lcrc1) (Entered: 12/16/2020)
2020-12-16		Set/Reset Deadlines: Status Report due by 1/22/2021 (tj) (Entered: 12/16/2020)
2021-01-22	11	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 01/22/2021)
2021-01-22		MINUTE ORDER: Upon consideration of 11 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before February 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 1/22/2021. (lcrc1) (Entered: 01/22/2021)
2021-01-25		Set/Reset Deadlines: Status Report due by 2/26/2021. (tj) (Entered: 01/25/2021)
2021-02-26	12	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 02/26/2021)
2021-02-26		MINUTE ORDER: Upon consideration of 12 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 14, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 2/26/2021. (lcrc1) (Entered: 02/26/2021)
2021-02-26		Set/Reset Deadlines: Status Report due by 4/14/2021. (tj) (Entered: 02/26/2021)
2021-04-14	13	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/14/2021)
2021-04-14		MINUTE ORDER: Upon consideration of 13 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 15, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 4/14/2021. (lcrc1) (Entered: 04/14/2021)
2021-04-15		Set/Reset Deadlines: Status Report due by 6/15/2021. (tj) (Entered: 04/15/2021)
2021-06-15	14	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/15/2021)
2021-06-16		MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before August 26, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/16/2021. (lcrc1) (Entered: 06/16/2021)
2021-08-26	15	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 08/26/2021)
2021-08-26		MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before October 14, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 8/26/2021. (lcrc1) (Entered: 08/26/2021)
2021-10-13	16	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 10/13/2021)
2021-10-13		MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before December 17, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 10/13/2021. (lcrc1) (Entered: 10/13/2021)
2021-12-17	17	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 12/17/2021)
2021-12-17		MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before January 24, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 12/17/2021. (lcrc1) (Entered: 12/17/2021)
2022-01-24	18	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 01/24/2022)
2022-01-24		MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before March 3, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 01/24/2022. (lcrc1) (Entered: 01/24/2022)
2022-03-03	19	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 03/03/2022)
2022-03-03		MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before April 18, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 03/03/2022. (lcrc1) (Entered: 03/03/2022)
2022-04-18	20	NOTICE of Appearance by Joshua Loevy on behalf of KOHL HARRINGTON (Loevy, Joshua) (Entered: 04/18/2022)
2022-04-18	21	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/18/2022)
2022-04-18		MINUTE ORDER: Upon consideration of 21 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before June 17, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 04/18/2022. (lcrc1) (Entered: 04/18/2022)
2022-06-15	22	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/15/2022)
2022-06-15		MINUTE ORDER: Upon consideration of 22 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before July 22, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 06/15/2022. (lcrc1) (Entered: 06/15/2022)
2022-07-22	23	Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 07/22/2022)
2022-07-22		MINUTE ORDER: Upon consideration of 23 the parties' joint status report, it is hereby ORDERED that Plaintiff's Motion for Attorneys' Fees and Costs shall be submitted on or before August 30, 2022; Defendant's Opposition shall be submitted on or before October 14, 2022; and Plaintiff's Reply shall be submitted on or before November 15, 2022. It is further ORDERED that the parties shall meet, confer, and submit on or before August 5, 2022 a notification of whether the parties consent to referral to a magistrate judge for all purposes pursuant to Fed. R. Civ. P. 73 and 28 U.S.C. § 636(c). The parties are advised that they are free to withhold consent to such referral without substantive adverse consequences. SO ORDERED. Signed by Judge Rudolph Contreras on 07/22/2022. (lcrc1) (Entered: 07/22/2022)
2022-07-28	24	NOTICE In Response to July 22, 2022 Order by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re Order,,, (Simon, Jeremy) (Entered: 07/28/2022)
2022-08-30	25	MOTION for Attorney Fees Plaintiff's Petition for Attorney Fees and Costs by KOHL HARRINGTON. (Attachments: # 1 Declaration Harrington Decl, # 2 Declaration Topic Decl)(Topic, Matthew) (Entered: 08/30/2022)
2022-10-14	26	Memorandum in opposition to re 25 Motion for Attorney Fees filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Alesia Y. Williams, # 2 Proposed Order)(Simon, Jeremy) (Entered: 10/14/2022)
2022-11-15	27	REPLY to opposition to motion re 25 MOTION for Attorney Fees Plaintiff's Petition for Attorney Fees and Costs filed by KOHL HARRINGTON. (Attachments: # 1 Declaration Topic Declaration)(Topic, Matthew) (Entered: 11/15/2022)
2022-12-09	28	ORDER denying 25 Plaintiff's Motion for Attorney's Fees and Costs. See document for details. Signed by Judge Rudolph Contreras on 12/9/2022. (lcrc1) (Entered: 12/09/2022)
2022-12-09	29	MEMORANDUM OPINION denying 25 Plaintiff's Motion for Attorney's Fees and Costs. See document for details. Signed by Judge Rudolph Contreras on 12/9/2022. (lcrc1) (Entered: 12/09/2022)
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