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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00430
Date Filed2022-02-16
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffJINGNAN HUO
TERMINATED: 02/28/2022
Case DescriptionNational Public Radio submitted a FOIA request to the Department of Health and Human Services for records concerning the agency's interactions with TeleTracking Technologies, a government vendor tasked with managing COVID-19 data. The agency acknowledged receipt of the request. The agency located three pages of responsive records but redacted records under Exemption 4 (commercial and confidential) and Exemption 6 (invasion of privacy). NPR filed an administrative appeal. The agency told NPR that it would take 12 months to respond to its appeal. NPR then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-161COMPLAINT for Injunctive and Declaratory Relief for Violation of the Freedom of Information Act against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9049893) filed by NATIONAL PUBLIC RADIO, INC., JINGNAN HUO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons as to HHS, # 9 Summons HHS FOIA Officer, # 10 Summons as to DOJ, # 11 Summons as to USAO)(DeThomas, Courtney) (Entered: 02/16/2022)
2022-02-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JINGNAN HUO, NATIONAL PUBLIC RADIO, INC. (DeThomas, Courtney) (Entered: 02/16/2022)
2022-02-173MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas R. Burke, Filing fee $ 100, receipt number ADCDC-9051585. Fee Status: Fee Paid. by JINGNAN HUO, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Certificate of Good Standing)(DeThomas, Courtney) (Entered: 02/17/2022)
2022-02-22Case Assigned to Chief Judge Beryl A. Howell. (zsb) (Entered: 02/22/2022)
2022-02-22MINUTE ORDER (paperless) GRANTING plaintiffs' 3 Motion for Admission Pro Hac Vice of Thomas R. Burke. Mr Burke may enter an appearance pro hac vice for purposes of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Chief Judge Beryl A. Howell on February 22, 2022. (l cbah4) (Entered: 02/22/2022)
2022-02-224STANDING ORDER. Signed by Chief Judge Beryl A. Howell on February 22, 2022. (lcbah4) (Entered: 02/22/2022)
2022-02-22MINUTE ORDER (paperless) DIRECTING plaintiff JINGNAN HUO to provide, by March 1, 2022, her residential mailing address to the Clerk of the Court, as required by this Court's local rules, see LCvR 5.1(c); LCvR 11.1, or file a motion seeking waiver of this requirement. Failure to do so "may result in the dismissal of the case against the defendant." LCvR 11.1. Signed by Chief Judge Beryl A. Howell on February 22, 2022. (lcbah4) Modified on 2/22/2022 (ztg). (Entered: 02/22/2022)
2022-02-22Set/Reset Deadlines: Response to Order of the Court due by 3/1/2022. (ztg) (Entered: 02/22/2022)
2022-02-225NOTICE of Appearance by Thomas R. Burke on behalf of JINGNAN HUO, NATIONAL PUBLIC RADIO, INC. (Burke, Thomas) (Entered: 02/22/2022)
2022-02-236SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 02/23/2022)
2022-02-287AMENDED COMPLAINT for Injunctive and Declaratory Relief for Violation of the Freedom of Information Act against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES filed by NATIONAL PUBLIC RADIO, INC..(Burke, Thomas) (Entered: 02/28/2022)
2022-03-018ERRATA by NATIONAL PUBLIC RADIO, INC. re 7 Amended Complaint filed by NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Burke, Thomas) (Entered: 03/01/2022)
2022-04-019RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/17/2022. Answer due for ALL FEDERAL DEFENDANTS by 4/16/2022. (Attachments: # 1 Affidavit of Service as to U.S. Department of Justice, # 2 Affidavit of Service as to U.S. Department of Health and Human Services, # 3 Affidavit of Service as to U.S. Department of Health and Human Services FOIA Officer)(Burke, Thomas) (Entered: 04/01/2022)
2022-04-08NOTICE OF ERROR re 9 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to thomasburke@dwt.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part document; second docket entry is required, 2. Proof of delivery is required; refile Return of Service using delivery date as date of service, 3. Please note the following deficiency and file/refile document as instructed , 4. FYI: Please file return of service for ALL parties served. (zeg, ) (Entered: 04/08/2022)
2022-04-1210NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 04/12/2022)
2022-04-1411ANSWER to 7 Amended Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(McBride, Patricia) (Entered: 04/14/2022)
2022-04-2512Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 04/25/2022)
2022-04-26MINUTE ORDER (paperless) DIRECTING, upon consideration of the defendant's 12 Status Report, the parties to submit a joint status report by June 20, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on April 26, 2022. (lcbah4) (Entered: 04/26/2022)
2022-04-27Set/Reset Deadlines: Joint Status Report due by 6/20/2022. (ztg) (Entered: 04/27/2022)
2022-06-2113Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 06/21/2022)
2022-06-22MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to submit a joint status report by September 20, 2022, with a proposed schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on June 22, 2022. (lcbah4) (Entered: 06/22/2022)
2022-06-23Set/Reset Deadlines: Joint Status Report due by 9/20/2022. (ztg) (Entered: 06/23/2022)
2022-09-0914Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 09/09/2022)
2022-09-12MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by December 12, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on September 12, 2022. (lcbah4) (Entered: 09/12/2022)
2022-09-12Set/Reset Deadlines: Joint Status Report due by 12/12/2022. (ztg) (Entered: 09/12/2022)
2022-11-1715Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 11/17/2022)
2022-12-22MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by February 23, 2022, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on December 22, 2022. (lcbah4) (Entered: 12/22/2022)
2022-12-22Set/Reset Deadlines: Joint Status Report due by 2/23/2023. (ztg) (Entered: 12/22/2022)
2023-01-2716Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 01/27/2023)
2023-01-30MINUTE ORDER (paperless) Upon consideration of the parties' 16 Joint Status Report, DIRECTING the parties to file, by April 28, 2023, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on January 30, 2023. (lcbah4) (Entered: 01/30/2023)
2023-01-31Set/Reset Deadlines: Joint Status Report due by 4/28/2023. (ztg) (Entered: 01/31/2023)
2023-04-2117Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 04/21/2023)
2023-06-0518NOTICE of Change of Address by Thomas R. Burke (Burke, Thomas) (Entered: 06/05/2023)
2023-06-2719Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 06/27/2023)
2023-06-28MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 19 Joint Status Report, the parties to submit, by September 27, 2023, a joint status report advising the Court of the status of this matter and proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on June 28, 2023. (lcbah4) (Entered: 06/28/2023)
2023-06-28Set/Reset Deadlines: Joint Status Report due by 9/27/2023. (ztg) (Entered: 06/28/2023)
2023-09-1320Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 09/13/2023)
2023-10-30MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 20 Joint Status Report, to file, by November 30, 2023, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 30, 2023. (lcbah4) (Entered: 10/30/2023)
2023-10-31Set/Reset Deadlines: Parties Joint Status Report due by 11/30/2023 (mac) (Entered: 10/31/2023)
2023-11-1621Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 11/16/2023)
2023-11-21MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 21 Joint Status Report, to file, by January 30, 2024, a joint status report, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on November 21, 2023. (lcbah4) (Entered: 11/21/2023)
2023-11-21Set/Reset Deadlines: Joint Status Report due by 1/30/2024 (mac) (Entered: 11/21/2023)
2024-01-3122Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 01/31/2024)
2024-02-06MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 22 Joint Status Report, to file, by March 29, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on February 6, 2024. (lcbah4) (Entered: 02/06/2024)
2024-02-06Set/Reset Deadlines: Joint Status Report due by 3/29/2024 (mac) (Entered: 02/06/2024)
2024-03-2723Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 03/27/2024)
2024-03-28MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 23 Joint Status Report, to file, by May 29, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on March 28, 2024. (lcbah4) (Entered: 03/28/2024)
2024-03-29Set/Reset Deadlines: Joint Status Report due by 5/29/2024 (mac) (Entered: 03/29/2024)
2024-08-0624Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (McBride, Patricia) (Entered: 08/06/2024)
2024-08-08MINUTE ORDER (paperless) DIRECTING the parties, upon consideration of their 24 Joint Status Report, to file, by October 29, 2024, a joint status report advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on August 8, 2024. (lcbah4) (Entered: 08/08/2024)
2024-08-12Set/Reset Deadlines: Parties Joint Status Report due by 10/29/2024. (mac) (Entered: 08/12/2024)
2024-09-1625NOTICE OF SUBSTITUTION OF COUNSEL by Thomas Duffey on behalf of All Defendants Substituting for attorney Patricia K. McBride (Duffey, Thomas) (Entered: 09/16/2024)
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by FOIA Project Staff
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