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Case TitleWHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03427
Date Filed2022-11-08
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffWHITE COAT WASTE PROJECT
Case DescriptionWhite Coat Waste Project submitted three FOIA requests to the Department of Health and Human Services for records concerning communications between NIH employees and Washington Post reporters Dana Milbank, Beth Reinhard, and Yasmeen Abutaleb from 10/21/21 to the present. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, WCWP 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-081COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-9659072) filed by WHITE COAT WASTE PROJECT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Request for U.S. Attorney General, # 3 Summons Request for Department of Health and Human Services, # 4 Summons Request for US Attorney's Office for DC)(Strugar, Matthew) (Attachment 1 replaced on 11/9/2022) (zljn). (Entered: 11/08/2022)
2022-11-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WHITE COAT WASTE PROJECT (Strugar, Matthew) (Main Document 2 replaced on 11/9/2022) (zljn). (Entered: 11/08/2022)
2022-11-09Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 11/09/2022)
2022-11-093SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 11/09/2022)
2022-12-134NOTICE of Appearance by Kenneth A. Adebonojo on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Adebonojo, Kenneth) (Entered: 12/13/2022)
2022-12-215Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 12/21/2022)
2022-12-22MINUTE ORDER: Defendant's 5 Consent Motion for Extension of Time is hereby GRANTED. Defendant shall respond to Plaintiff's Complaint by January 31, 2023. Signed by Judge Tanya S. Chutkan on 12/22/2022. (lcss) (Entered: 12/22/2022)
2022-12-23Set/Reset Deadline: Defendant shall respond to Plaintiff's Complaint by January 31, 2023. (jth) (Entered: 12/23/2022)
2023-01-316ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Adebonojo, Kenneth) (Entered: 01/31/2023)
2023-02-01MINUTE 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 March 15, 2023. Signed by Judge Tanya S. Chutkan on 02/01/2023. (lcss) (Entered: 02/01/2023)
2023-02-01Set/Reset Deadlines: Joint Status Report due by 3/15/2023. (tb) (Entered: 02/01/2023)
2023-03-157STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 03/15/2023)
2023-03-16MINUTE ORDER: Upon consideration of Defendant's 7 Status Report, it is hereby ORDERED that by April 6, 2023, the parties shall meet and confer and file a Joint Status Report fulfilling the requirements set forth in the court's February 1, 2023 Minute Order. Signed by Judge Tanya S. Chutkan on 03/16/2023. (lcss) (Entered: 03/16/2023)
2023-03-16Set/Reset Deadlines: Joint Status Report due by 4/6/2023. (tb) (Entered: 03/16/2023)
2023-04-068Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 04/06/2023)
2023-04-07MINUTE ORDER: Upon consideration of the parties' 8 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report by May 5, 2023, in which Defendant shall advise the court on the status of its responses to Requests No. 57423 and 58295. It is FURTHER ORDERED that Defendant shall file an Open America stay by May 19, 2023; Plaintiff shall file an opposition by June 16, 2023; and Defendant shall file a Reply by July 7, 2023. Signed by Judge Tanya S. Chutkan on 04/07/2023. (lcss) (Entered: 04/07/2023)
2023-04-10Set/Reset Deadlines: Open America Stay due by 5/19/2023. Response due by 6/16/2023 Reply due by 7/7/2023. Joint Status Report due by 5/5/2023. (tb) (Entered: 04/10/2023)
2023-05-059Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 05/05/2023)
2023-05-1910Consent MOTION for Extension of Time to File Defendant's Motion for an Open America Stay by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 05/19/2023)
2023-05-22MINUTE ORDER: Defendant's 10 Consent Motion for Extension of Time is hereby GRANTED. Defendant shall file its Open America motion by May 26, 2023; Plaintiff shall file an Opposition by June 23, 2023, and Defendant shall file a Reply by July 14, 2023. Signed by Judge Tanya S. Chutkan on 05/22/2023. (lcss) (Entered: 05/22/2023)
2023-05-23Set/Reset Deadlines: Motion due by 5/26/2023. Response due by 6/23/2023. Reply due by 7/14/2023. (tb) (Entered: 05/23/2023)
2023-05-2511Consent MOTION for Extension of Time to File Defendant's Motion for an Open America Stay by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 05/25/2023)
2023-05-26MINUTE ORDER: Defendant's 11 Consent Motion for Extension of Time is hereby GRANTED. Defendant shall file its motion for an Open America Stay by May 30, 2023; Plaintiff shall file its Opposition by June 27, 2023; and Defendant shall file its Reply by July 18, 2023. Signed by Judge Tanya S. Chutkan on 05/26/2023. (lcss) (Entered: 05/26/2023)
2023-05-26Set/Reset Deadlines: Defendant shall file its Motion for an Open America Stay by 5/30/2023; Plaintiff shall file its Opposition by 6/27/2023; Defendant shall file its Reply by 7/18/2023. (jth) (Entered: 05/30/2023)
2023-05-3012MOTION to Stay Open America by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Declaration)(Adebonojo, Kenneth) (Entered: 05/30/2023)
2023-06-2713RESPONSE re 12 MOTION to Stay Open America filed by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 06/27/2023)
2023-07-1714Consent MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for an Open America Stay by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 07/17/2023)
2023-07-18MINUTE ORDER: Defendant's 14 Consent Motion for Extension of Time is hereby GRANTED. Defendant shall file a Reply in support of its 12 Motion for an Open America Stay by August 12, 2023. Signed by Judge Tanya S. Chutkan on 07/18/2023. (lcss) (Entered: 07/18/2023)
2023-08-1415REPLY to opposition to motion re 12 MOTION to Stay Open America filed by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration)(Adebonojo, Kenneth) (Entered: 08/14/2023)
2023-08-1616SURREPLY to re 12 MOTION to Stay (Evidentiary Objection to Defendant's Reply Evidence) filed by WHITE COAT WASTE PROJECT. (Strugar, Matthew) Modified on 8/17/2023 to correct event/ docket text/link (zjm). (Entered: 08/16/2023)
2023-11-1317MOTION for Judgment on the Pleadings by WHITE COAT WASTE PROJECT. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Strugar, Matthew) (Entered: 11/13/2023)
2023-11-21MINUTE ORDER: Denying Plaintiff's 17 Motion for Judgment on the Pleadings. Plaintiff requests that the court order Defendant to produce its requested documents on a rolling basis and file a Status Report in 90 days, informing the court on when the party intends to finalize its production process. However, Plaintiff's motion is premature given Defendant's pending 12 Motion for Open America Stay. Therefore, Plaintiff's motion is DENIED without prejudice. Signed by Judge Tanya S. Chutkan on 11/21/2023. (lcd) (Entered: 11/21/2023)
2023-11-21ENTERED IN ERROR......Set/Reset Deadlines: Status Report due by 2/20/2024 (lsj) (Entered: 11/21/2023)
2024-02-2018Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 02/20/2024)
2024-03-27MINUTE ORDER: Per the parties' 18 Joint Status Report, it appears that, subsequent to Defendant's 12 Motion for Open America Stay, the Defendant has produced and released FOIA Request No. 58295, there has been communication between the parties regarding the narrowing of Request No. 57304, and Request No. 57423 has made progress in Defendant's queue. In light of this movement and continued communications between the parties, Defendant's 12 Motion for Open America Stay is DENIED without prejudice. It is hereby ORDERED that the parties shall file a JSR by May 1, 2024, and every 30 days thereafter, apprising the court of ongoing narrowing discussions regarding Request No. 57304, queue movement of Request No. 57423, and any remaining issues as to Plaintiff's three requests. To the extent Defendant wishes to renew its Motion for Open America Stay, it must do so by June 7, 2024. Signed by Judge Tanya S. Chutkan on 03/27/2024. (lcd) (Entered: 03/27/2024)
2024-03-28Set/Reset Deadlines: Parties Joint Status Report due by 5/1/2024. Defendant Renew Motion For Open America Stay due by 6/7/2024. (mac) (Entered: 03/28/2024)
2024-05-0919Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 05/09/2024)
2024-05-13MINUTE ORDER: Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by June 5, 2024. 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 6/5/2024. (zed) (Entered: 05/14/2024)
2024-06-0520Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 06/05/2024)
2024-06-06MINUTE ORDER: Upon consideration of the parties' 20 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by July 16, 2024. Signed by Judge Tanya S. Chutkan on 06/06/2024. (lcd) (Entered: 06/06/2024)
2024-06-06Set/Reset Deadlines: Joint Status Report due by 7/16/2024. (lcd) (Entered: 06/06/2024)
2024-06-0721Consent MOTION for Extension of Time to File Defendant's Motion for an Open America Stay by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 06/07/2024)
2024-06-10MINUTE ORDER: Granting Defendant's 21 Consent Motion for Extension. Defendant's Renewed Motion for an Open America Stay due by 7/10/2024. Signed by Judge Tanya S. Chutkan on 06/10/2024. (lcd) (Entered: 06/10/2024)
2024-07-1622Joint STATUS REPORT by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 07/16/2024)
2024-07-17MINUTE ORDER: Upon consideration of the parties' 22 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by August 30, 2024. Signed by Judge Tanya S. Chutkan on 07/17/2024. (lcd) (Entered: 07/17/2024)
2024-08-3023Joint STATUS REPORT by WHITE COAT WASTE PROJECT. (Strugar, Matthew) (Entered: 08/30/2024)
2024-09-02MINUTE ORDER: Upon consideration of the parties' 23 Joint Status Report, it is hereby ORDERED that the parties shall file a subsequent Joint Status Report by October 15, 2024. Signed by Judge Tanya S. Chutkan on 09/02/2024. (lcd) (Entered: 09/02/2024)
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