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Case TitleBADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03546
Date Filed2023-11-28
Date Closed2024-09-18
JudgeMagistrate Judge Zia M. Faruqui
PlaintiffBADER FAMILY FOUNDATION
Case DescriptionThe Bader Family Foundation submitted FOIA requests to the Department of Health and Human Services for records concerning communications containing the word "transgender" or "gender-affirming" from or to a number of offices and entities. The agency acknowledged receipt of the request. The agency told the BFF that it conducted a search but found no responsive records. BFF filed an administrative appeal. After hearing nothing further from the agency, BFF filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, 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

2023-11-281COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10520898) filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for the U.S. Attorney, # 3 Summons for defendant HHS, # 4 Summons for the Attorney General)(Bader, Hans) (Entered: 11/28/2023)
2023-11-28Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 11/28/2023)
2023-11-282SUMMONS (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: 11/28/2023)
2023-12-123RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 12/28/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/4/2023, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/4/2023. (Bader, Hans) (Entered: 12/12/2023)
2023-12-224ENTERED IN ERROR....NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (DeGenaro, Stephen) Modified on 12/27/2023 (zjm). (Entered: 12/22/2023)
2023-12-225Consent MOTION for Extension of Time to Respond to the Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 12/22/2023)
2023-12-23MINUTE ORDER: GRANTING 5 Consent Motion for Extension of Time to Respond to Complaint. Defendant's response to the Complaint is due by January 29, 2024. Signed by Judge Tanya S. Chutkan on 12/23/23. (lce) (Entered: 12/23/2023)
2023-12-26Set/Reset Deadlines/Hearings: Answer to complaint due by 1/29/2024. (zcdw) (Entered: 12/26/2023)
2023-12-27NOTICE OF ERROR regarding 4 Notice of Appearance. The following error(s) need correction: Incorrect court case number. Please refile. (zjm) (Entered: 12/27/2023)
2024-01-296NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (DeGenaro, Stephen) (Entered: 01/29/2024)
2024-01-297ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(DeGenaro, Stephen) (Entered: 01/29/2024)
2024-01-30MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. Accordingly, 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 on or before March 29, 2024. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 1/30/24. (lce) (Entered: 01/30/2024)
2024-01-318Consent to Proceed before US Magistrate Judge for All Purposes by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.. (DeGenaro, Stephen) (Entered: 01/31/2024)
2024-01-31MINUTE ORDER REFERRING CASE TO MAGISTRATE JUDGE: Pursuant to the agreement of the parties, see 8 Joint Notice of Consent to Assignment to Magistrate Judge, this case is hereby REFERRED to a Magistrate Judge for all purposes, including trial. Signed by Judge Tanya S. Chutkan on 1/31/24. (lce) (Entered: 01/31/2024)
2024-01-31CASE RANDOMLY REFERRED to Magistrate Judge Zia M. Faruqui for all purposes. (zcb) (Entered: 02/02/2024)
2024-03-299Joint STATUS REPORT filed by BADER FAMILY FOUNDATION. (Bader, Hans) (Entered: 03/29/2024)
2024-03-29Minute Order. Upon consideration of the parties' Joint Status Report, the parties are directed to file an additional joint status report on or before June 27, 2024, to apprise the Court of any updates on the status of Plaintiffs FOIA request. Signed by Zia M. Faruqui on 3/29/2024. (lcgk) (Entered: 03/29/2024)
2024-06-2710Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 06/27/2024)
2024-07-0111STATUS REPORT ORDER Status Report due by 9/25/2024. Signed by Magistrate Judge Zia M. Faruqui on 7/1/2024. (lcgk) (Entered: 07/01/2024)
2024-08-2112STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 08/21/2024)
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