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Case TitleOakes v. United States Department of Health And Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv02975
Date Filed2022-04-11
Date Closed2024-12-04
JudgeJudge Jessica G. L. Clarke
PlaintiffCameron Oakes
Case DescriptionCameron Oakes, a freelance journalist, submitted a FOIA request to the Department of Health and Human Services for records concerning communications addressed to Acting Deputy for Health Information Privacy Timothy Noonan from 6/1/2020 to the present containing the terms plasma and HIPAA. Oakes also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Oakes filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Health And Human Services
Documents
Docket
Complaint
Opinion/Order [12]
Opinion/Order [13]
Opinion/Order [17]
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-111COMPLAINT against United States Department of Health And Human Services. (Filing Fee $ 402.00, Receipt Number ANYSDC-25991692)Document filed by Cameron Oakes..(Baldino, Raymond) (Entered: 04/11/2022)
2022-04-12***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Raymond Baldino. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) (Entered: 04/12/2022)
2022-04-12CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . .(vf) (Entered: 04/12/2022)
2022-04-12Magistrate Judge Barbara C. Moses 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 . (vf) (Entered: 04/12/2022)
2022-04-12Case Designated ECF. (vf) (Entered: 04/12/2022)
2022-04-132CIVIL COVER SHEET filed..(Baldino, Raymond) (Entered: 04/13/2022)
2022-04-133NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 2975. Initial Conference set for 6/17/2022 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/13/2022) (tg) (Entered: 04/13/2022)
2022-04-144REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Health and Human Services, re: 1 Complaint. Document filed by Cameron Oakes..(Baldino, Raymond) (Entered: 04/14/2022)
2022-04-155ELECTRONIC SUMMONS ISSUED as to United States Department of Health And Human Services..(lal) (Entered: 04/15/2022)
2022-05-316ANSWER to 1 Complaint. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 05/31/2022)
2022-06-077LETTER addressed to Judge Valerie E. Caproni from Raymond M. Baldino dated June 7, 2022 re: Pretrial Conference. Document filed by Cameron Oakes..(Baldino, Raymond) (Entered: 06/07/2022)
2022-06-078MEMO ENDORSEMENT on re: 7 Letter filed by Cameron Oakes. ENDORSEMENT: Application GRANTED in part. The Initial Pre-Trial Conference currently scheduled for June 17, 2022, at 2:00 p.m. is hereby ADJOURNED sine die, and the parties need not file a Case Management Plan. The parties must file a status update not later than September 1, 2022 regarding whether a pre-trial conference would be beneficial. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/7/2022) (jca) (Entered: 06/07/2022)
2022-09-019STATUS REPORT. Joint Status Report Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 09/01/2022)
2022-09-0210MEMO ENDORSEMENT on re: 9 Status Report filed by United States Department of Health And Human Services. ENDORSEMENT: Plaintiff's request for a case management conference is hereby GRANTED. The parties must appear for a status conference on Friday, September 23, 2022, at 10:00 a.m., in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/2/2022) (jca) (Entered: 09/02/2022)
2022-09-02Set/Reset Hearings: Status Conference set for 9/23/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (jca) (Entered: 09/02/2022)
2022-09-2111CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Lara K. Eshkenazi dated 09/21/22. Document filed by United States Department of Health And Human Services..(Eshkenazi, Lara) (Entered: 09/21/2022)
2022-09-2112ORDER granting 11 Letter Motion to Adjourn Conference. Application GRANTED. The status conference previously scheduled for Friday, September 23, 2022, at 10:00 a.m. is hereby adjourned until Friday, September 30, 2022, at 10:00 a.m. SO ORDERED. Status Conference set for 9/30/2022 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/21/2022) (tg) (Entered: 09/21/2022)
2022-09-3013ORDER: IT IS HEREBY ORDERED that for the reasons stated at the conference, Defendant is not required to produce a rolling Vaughn index, see Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973). IT IS FURTHER ORDERED that the parties must submit a joint status report on Thursday, December 1, 2022, and on the first business day of the month every three months thereafter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/30/2022) (tg) (Entered: 09/30/2022)
2022-09-30Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 9/30/2022. Attorney Raymond Baldino present for the plaintiff. AUSA Dominicka Tarcynska present for the defendant. Court Reporter Eve Giniger present. (anc) (Entered: 09/30/2022)
2022-12-0114STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 12/01/2022)
2023-03-0115STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 03/01/2023)
2023-06-0116STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 06/01/2023)
2023-07-18NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Valerie E. Caproni is no longer assigned to the case..(kgo) (Entered: 07/18/2023)
2023-07-1917NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment, including ECF 13. All counsel must familiarize themselves with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 7/19/2023) (tg) (Entered: 07/19/2023)
2023-09-0618STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 09/06/2023)
2023-12-0119STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 12/01/2023)
2024-02-0120STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 02/01/2024)
2024-04-0121STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 04/01/2024)
2024-06-0422STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 06/04/2024)
2024-09-0323STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 09/03/2024)
2024-12-0224STATUS REPORT. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 12/02/2024)
2024-12-0425ORDER OF DISMISSAL.... The Court having been advised at ECF No. 24 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 60 days of the date of this Order if the settlement is not consummated.To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted.If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Section 6(a) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record.Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/4/2024) (vfr) (Entered: 12/04/2024)
2024-12-0526PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Health And Human Services..(Tarczynska, Dominika) (Entered: 12/05/2024)
2024-12-0627STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties as follows: 1. The documents produced by HHS fully resolve all claims Plaintiff now has or may hereafter acquire against HHS or the United States of America ("United States"), or any department, agency, officer, or employee of HHS and/or the United States, for the release of records arising from Plaintiff's FOIA Request at issue in this action. 2. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, HHS shall pay to Plaintiff the sum of twenty-four thousand dollars ($24,000) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiff for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information to counsel for HHS to effectuate the transfer. 3. Plaintiff releases and discharges HHS, the United States and its agencies, departments, officers, employees, servants, and agents from any and all claims and causes of action that Plaintiff asserted, or could have asserted, in this litigation arising out of Plaintiff's FOIA Request. 4. This action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. As further set forth by this Order. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/6/2024) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 12/06/2024)
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