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Case TitleREUTERS NEWS & MEDIA INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00587
Date Filed2022-03-03
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffREUTERS NEWS & MEDIA INC.
Case DescriptionReuter News & Media, Inc. submitted a FOIA request to the Department of Health and Human Services for records concerning contract awarded related to the COVID-19 pandemic. The agency acknowledged receipt of the request. The agency told Reuters that it found no responsive records. Reuters filed an administrative appeal. After hearing nothing further from the agency, Reuters filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-031COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9079857) filed by REUTERS NEWS & MEDIA INC.. (Attachments: # 1 Exhibit Ex 1-6, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 03/03/2022)
2022-03-032NOTICE of Appearance by Matthew Topic on behalf of REUTERS NEWS & MEDIA INC. (Topic, Matthew) (Entered: 03/03/2022)
2022-03-033LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by REUTERS NEWS & MEDIA INC. (Topic, Matthew) (Entered: 03/03/2022)
2022-03-04Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 03/04/2022)
2022-03-084SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/08/2022)
2022-04-125NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 04/12/2022)
2022-04-136ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Silverman, Bradley) (Entered: 04/13/2022)
2022-04-14MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 5/26/22. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/14/22. (DJS) (Entered: 04/14/2022)
2022-04-19Set/Reset Deadlines: Joint Status Report due by 5/26/2022 (tb) (Entered: 04/19/2022)
2022-05-267Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 05/26/2022)
2022-07-22MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall file another joint report by August 26, 2022 and every 60 days thereafter. To the extent the parties propose a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 7/22/22. (DJS) (Entered: 07/22/2022)
2022-07-26Set/Reset Deadlines: Joint Report due by 8/26/2022. (tb) (Entered: 07/26/2022)
2022-08-268Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 08/26/2022)
2022-10-259Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 10/25/2022)
2022-12-2610Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 12/26/2022)
2023-02-2211NOTICE of Appearance by Merrick Jason Wayne on behalf of REUTERS NEWS & MEDIA INC. (Wayne, Merrick) (Entered: 02/22/2023)
2023-02-2212Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 02/22/2023)
2023-02-22RESOLVED...NOTICE of Provisional/Government Not Certified Status re NOTICE of Appearance by Merrick Jason Wayne on behalf of BUZZFEED INC., JASON LEOPOLD (Wayne, Merrick), Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 3/1/2023. (zbaj) Modified on 2/23/2023 (znmw). Modified on 3/2/2023 (zbaj). (Entered: 02/22/2023)
2023-04-2413Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 04/24/2023)
2023-06-2314Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 06/23/2023)
2023-08-2215Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 08/22/2023)
2023-10-2016Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 10/20/2023)
2023-10-24MINUTE ORDER SETTING BRIEFING SCHEDULE: Upon consideration of the parties' 16 Joint Status Report, it is hereby ordered that the parties shall adhere to the following briefing schedule: Plaintiff's Motion for Summary Judgment due November 20, 2023. Defendant's Opposition and combined Cross-Motion due December 20, 2023. Plaintiff's Reply and combined-Response due January 22, 2024. Defendant's Reply due February 22, 2024. Signed by Judge Tanya S. Chutkan on 10/24/2023. (lcd) (Entered: 10/24/2023)
2023-10-24Set/Reset Deadlines: Plaintiff's Motion for Summary Judgment due November 20, 2023. Defendant's Opposition and combined Cross-Motion due December 20, 2023. Plaintiff's Reply and Combined-Response due January 22, 2024. Defendant's Reply due February 22, 2024. (ztl) (Entered: 11/16/2023)
2023-11-2017NOTICE of Appearance by Stephen Stich Match on behalf of REUTERS NEWS & MEDIA INC. (Match, Stephen) (Entered: 11/20/2023)
2023-11-2018WITHDRAWN PURSUANT TO NOTICE FILED ON 5/13/2024.....MOTION for Summary Judgment by REUTERS NEWS & MEDIA INC.. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Taylor Decl, # 4 Declaration Wayne Decl, # 5 Text of Proposed Order)(Match, Stephen) Modified on 5/14/2024 (zed). (Entered: 11/20/2023)
2023-12-1919MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 12/19/2023)
2023-12-1920RESPONSE re 18 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 12/19/2023)
2023-12-2021WITHDRAWN PURSUANT TO NOTICE FILED ON 5/13/2024.....Amended MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) Modified on 5/14/2024 (zed). (Entered: 12/20/2023)
2023-12-2022RESPONSE re 18 MOTION for Summary Judgment (Amended) filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 12/20/2023)
2024-01-2223Memorandum in opposition to re 21 Motion for Summary Judgment filed by REUTERS NEWS & MEDIA INC.. (Attachments: # 1 Statement of Facts Plaintiff's Statement of Additional Undisputed Material Facts, # 2 Declaration Second Taylor Decl, # 3 Declaration Second Wayne Decl)(Match, Stephen) (Entered: 01/22/2024)
2024-01-2224REPLY to opposition to motion re 21 Amended MOTION for Summary Judgment filed by REUTERS NEWS & MEDIA INC.. (Attachments: # 1 Statement of Facts Plaintiff's Statement of Additional Undisputed Material Facts, # 2 Declaration Second Taylor Decl, # 3 Declaration Second Wayne Decl)(Match, Stephen) (Entered: 01/22/2024)
2024-01-23MINUTE ORDER: Denying as Moot Defendant's 19 Motion for Summary Judgment, in light of Defendant's 21 Amended Motion for Summary Judgment. Defendant's 21 will serve as their operative Summary Judgment Cross-Motion. Signed by Judge Tanya S. Chutkan on 01/23/2024. (lcd) (Entered: 01/23/2024)
2024-01-2425Unopposed MOTION for Leave to File by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Ex. A - Defendant's Statement of Undisputed Material Facts, # 2 Ex. B - Defendant's Response to Plaintiff's Statement of Undisputed Material Facts)(Silverman, Bradley) (Entered: 01/24/2024)
2024-01-25MINUTE ORDER: Granting Defendant's 25 Unopposed Motion for Leave to File. The Clerk of the Court shall enter ECF Nos. 25-1 and 25-2 as separate ECF Entries entitled "Defendant's Statement of Undisputed Material Facts" and "Defendant's Response to Plaintiff's Statement of Undisputed Material Facts," respectively. Signed by Judge Tanya S. Chutkan on 01/25/2024. (lcd) (Entered: 01/25/2024)
2024-01-2526Defendant's Statement of Undisputed Material Facts by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (zjm) (Entered: 01/26/2024)
2024-01-2527Defendant's Response to Plaintiff's Statement of Undisputed Material Facts by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (zjm) (Entered: 01/26/2024)
2024-02-0528Consent MOTION for Leave to File Updated Reply/Cross Opposition Brief by REUTERS NEWS & MEDIA INC.. (Match, Stephen) (Entered: 02/05/2024)
2024-02-05MINUTE ORDER: Granting Plaintiff's 28 Plaintiff's Consent Motion for Leave to File Updated Reply/Cross-Opposition. Plaintiff's Updated Reply/Cross-Opposition is due by February 9, 2024. Signed by Judge Tanya S. Chutkan on 02/05/2024. (lcd) (Entered: 02/05/2024)
2024-02-0929Memorandum in opposition to re 21 Motion for Summary Judgment filed by REUTERS NEWS & MEDIA INC.. (Attachments: # 1 Statement of Facts Response to SUMF)(Match, Stephen) (Entered: 02/09/2024)
2024-02-0930REPLY to opposition to motion re 18 MOTION for Summary Judgment filed by REUTERS NEWS & MEDIA INC.. (Attachments: # 1 Statement of Facts Response to SUMF)(Match, Stephen) Modified on 2/13/2024 to correct docket link (zjm). (Entered: 02/09/2024)
2024-02-1931Consent MOTION for Extension of Time to File Reply by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 02/19/2024)
2024-02-20MINUTE ORDER: Granting Defendant's 31 Consent Motion for Extension. Defendant's Reply in Support of its Cross-Motion for Summary Judgment due by March 11, 2024. Signed by Judge Tanya S. Chutkan on 02/20/2024. (lcd) (Entered: 02/20/2024)
2024-02-20Set/Reset Deadlines: Defendant's Reply to Cross Motions due by 3/11/2024. (zcll) (Entered: 02/20/2024)
2024-03-0532Unopposed MOTION for Extension of Time to File Reply by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 03/05/2024)
2024-03-06MINUTE ORDER: Granting Defendant's 32 Unopposed Motion for Extension. Defendant's Reply in Support of its Cross-Motion for Summary Judgment due by March 25, 2024. Signed by Judge Tanya S. Chutkan on 03/06/2024. (lcd) (Entered: 03/06/2024)
2024-03-06Set/Reset Deadlines: Reply to Cross Motions due by 3/25/2024. (lsj) (Entered: 03/06/2024)
2024-03-1933Consent MOTION for Extension of Time to File Reply by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 03/19/2024)
2024-03-19MINUTE ORDER: Granting Defendant's 33 Consent Motion for Extension. Defendant's Reply in Support of its Cross-Motion for Summary Judgment is due by May 24, 2024. Signed by Judge Tanya S. Chutkan on 03/19/2024. (lcd) (Entered: 03/19/2024)
2024-03-19Set/Reset Deadlines: Replies due by 5/24/2024. (lsj) (Entered: 03/19/2024)
2024-05-1334NOTICE OF WITHDRAWAL OF MOTION by REUTERS NEWS & MEDIA INC. (Match, Stephen) (Entered: 05/13/2024)
2024-05-13MINUTE ORDER: Upon consideration of the parties' 34 Notice of Withdrawal of Motion, it is hereby ORDERED that the parties shall file a Joint Status Report by June 21, 2024 apprising the court as to the status of their conferrals. Signed by Judge Tanya S. Chutkan on 05/13/2024. (lcd) (Entered: 05/13/2024)
2024-05-14Set/Reset Deadlines: Joint Status Report due by 6/21/2024. (zed) (Entered: 05/14/2024)
2024-06-2135Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 06/21/2024)
2024-06-25MINUTE ORDER: Upon consideration of the parties' 35 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by July 22, 2024. Signed by Judge Tanya S. Chutkan on 06/25/2024. (lcd) (Entered: 06/25/2024)
2024-07-2236Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 07/22/2024)
2024-07-23MINUTE ORDER: Upon consideration of the parties' 36 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by August 22, 2024. Signed by Judge Tanya S. Chutkan on 07/23/2024. (lcd) (Entered: 07/23/2024)
2024-08-2237Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 08/22/2024)
2024-08-26MINUTE ORDER OF REFERRAL TO MAGISTRATE JUDGE: Upon consideration of the parties' 37 Joint Status Report, it is hereby ORDERED that this case is REFERRED to a Magistrate Judge for purposes of resolving any existing or future disputes consistent with the 37 JSR. The Magistrate Judge will be randomly assigned by the Clerk's Office. It is FURTHER ORDERED that any future filings related to this matter shall have the initials of the presiding judge and the magistrate judge following the case number in the caption. The parties are reminded that, by statute, 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local Civil Rule 73.1, they may consent to referral of this action to the Magistrate Judge for all purposes. Signed by Judge Tanya S. Chutkan on 08/26/2024. (lcd) (Entered: 08/26/2024)
2024-09-04CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for Full Case Management. (znmw) (Entered: 09/04/2024)
2024-09-09NOTICE of Hearing:Status Conference set for 9/18/2024 at 10:00 AM in Telephonic/VTC before Magistrate Judge Zia M. Faruqui. The parties shall file their position statements of no more than 5 pages one week prior to the status conference.(lcvs) (Entered: 09/09/2024)
2024-09-1138MEMORANDUM re Notice of Hearing by REUTERS NEWS & MEDIA INC.. (Wayne, Merrick) Modified event title on 9/12/2024 (znmw). (Entered: 09/11/2024)
2024-09-1139MEMORANDUM re Notice of Hearing by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 09/11/2024)
2024-09-18Minute Entry for proceedings held before Magistrate Judge Zia M. Faruqui: Status Conference held and Concluded on 9/18/2024. Minute Order Forthcoming. Court Reporter FTR-GOLD; FTR Time Frame: Ctrm 4: [10:14:43-11:25:15]. (ztl) (Entered: 09/18/2024)
2024-09-18MINUTE ORDER: It is hereby ORDERED that 1) Defendant shall provide the other side with a declaration including the information discussed at the September 18 hearing no later than November 4, 2024 and shall notify the Court when they have done so, and 2) the parties shall meet and confer to deliberate the topics that were discussed at the September 18 hearing. Signed by Magistrate Judge Zia M. Faruqui on September 18, 2024. (lcvs) (Entered: 09/18/2024)
2024-09-18Set/Reset Deadlines: Defendant shall provide the other side with a declaration including the information discussed at the September 18 hearing and notify the Court that they have done so by 11/4/2024. (lcvs) (Entered: 09/18/2024)
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