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Case TitleCENTER FOR IMMIGRATION STUDIES v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00137
Date Filed2024-01-16
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffCENTER FOR IMMIGRATION STUDIES
Case DescriptionCenter for Immigration studies submitted two FOIA requests to the Department of Health and Human Services for records. The first request asked for records concerning specified information about the Notice of Concern. The second FOIA request asked for the zip code for each sponsor associated with unaccompanied alien children. CIS also asked for expedited processing. The agency acknowledged receipt of the requests and denied the request for expedited processing. After hearing nothing further from the agency, CIS filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-161COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 405 receipt number ADCDC-10620108) filed by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons, # 7 Summons, # 8 Summons)(Farnsworth, Colin) (Entered: 01/16/2024)
2024-01-162LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR IMMIGRATION STUDIES (Farnsworth, Colin) (Entered: 01/16/2024)
2024-01-17Case Assigned to Judge Amit P. Mehta. (zsl) (Entered: 01/17/2024)
2024-01-193SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/19/2024)
2024-01-304RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/29/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/28/2024. (Farnsworth, Colin) (Entered: 01/30/2024)
2024-01-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/29/24. (Farnsworth, Colin) (Entered: 01/30/2024)
2024-01-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/29/2024 (Farnsworth, Colin) (Entered: 01/30/2024)
2024-02-287ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 02/28/2024)
2024-02-288ORDER. Plaintiff filed this Freedom of Information Act (FOIA) action on January 16, 2024. See Compl., ECF No. 1. Defendant filed an answer on February 28, 2024. See Def.'s Answer, ECF No. 7. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before March 13, 2024. The Joint Status Report should address, among other things, (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order for additional details. Signed by Judge Amit P. Mehta on 02/28/2024. (lcapm1) (Entered: 02/28/2024)
2024-02-28Set/Reset Deadlines: Joint Status Report due by 3/13/2024. (hmc) (Entered: 02/28/2024)
2024-03-139Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 03/13/2024)
2024-03-14MINUTE ORDER. The parties shall file an additional Joint Status Report on or before April 16, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 03/14/2024. (lcapm1) (Entered: 03/14/2024)
2024-03-14Set/Reset Deadlines: Joint Status Report due by 4/16/2024. (smc) (Entered: 03/14/2024)
2024-04-1610Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/16/2024)
2024-04-18MINUTE ORDER granting 10 Consent Motion for Extension of Time to File Joint Status Report. The parties shall file their Joint Status Report on or before April 19, 2024. Signed by Judge Amit P. Mehta on 04/18/2024. (lcapm1) (Entered: 04/18/2024)
2024-04-1811MOTION for Leave to File by CENTER FOR IMMIGRATION STUDIES. (Attachments: # 1 Exhibit, # 2 Exhibit)(Farnsworth, Colin) (Entered: 04/18/2024)
2024-04-18Set/Reset Deadlines: Joint Status Report due by 4/19/2024 (zglw) (Entered: 04/18/2024)
2024-04-1912Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/19/2024)
2024-04-19MINUTE ORDER granting Plaintiff's 11 Motion for Leave to File a Supplemental and Amended Complaint. The operative pleading in this matter shall now be the Supplemental and Amended Complaint filed at ECF No. 11-1. Signed by Judge Amit P. Mehta on 04/19/2024. (lcapm1) (Entered: 04/19/2024)
2024-04-22MINUTE ORDER. The parties shall file an additional Joint Status Report on or before May 30, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 04/22/2024. (lcapm1) (Entered: 04/22/2024)
2024-05-0313ANSWER to Complaint (Answer to Supplemental and Amended Complaint) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 05/03/2024)
2024-05-0614ORDER. Plaintiff filed this Freedom of Information Act ("FOIA") action on January 16, 2024, and filed an Amended Complaint on April 18, 2024. See ECF Nos. 1, 11. Defendant filed an answer to the Amended Complaint on May 3, 2024. See Def.'s Answer to Supplemental and Amended Complaint, ECF No. 13. Cases filed under FOIA are exempt from the requirements of Federal Rule of Civil Procedure 26(f) and Local Civil Rule 16.3. See LCvR 16.3(b)(10). Accordingly, it is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before May 20, 2024. The Joint Status Report should address, among other things, (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for a stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order for additional details. Signed by Judge Amit P. Mehta on 05/06/2024. (lcapm1) (Entered: 05/06/2024)
2024-05-06Set/Reset Deadlines/Hearings: Joint Status Report due by 5/20/2024. (zcdw) (Entered: 05/06/2024)
2024-05-2015Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 05/20/2024)
2024-05-21MINUTE ORDER. The parties shall file an additional Joint Status Report by June 24, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/21/2024. (lcapm1) (Entered: 05/21/2024)
2024-05-21Set/Reset Deadlines: Joint Status Report due by 6/24/2024. (smc) (Entered: 05/21/2024)
2024-06-2416Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/24/2024)
2024-06-25MINUTE ORDER. The parties shall file an additional Joint Status Report by July 31, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 06/25/2024. (lcapm1) (Entered: 06/25/2024)
2024-06-26Set/Reset Deadlines/Hearings: Joint Status Report due by 7/31/2024 (zakb) (Entered: 06/26/2024)
2024-07-3117Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 07/31/2024)
2024-08-02MINUTE ORDER. The parties shall file an additional Joint Status Report by September 10, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 08/02/2024. (lcapm1) (Entered: 08/02/2024)
2024-08-06Set/Reset Deadlines: Status Report due by 9/10/2024 (zakb) (Entered: 08/06/2024)
2024-09-0918Consent MOTION for Extension of Time to File Joint Status Report by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/09/2024)
2024-09-10MINUTE ORDER granting Defendant's 18 Consent Motion for Extension of Time. The parties shall file their Joint Status Report on or before September 18, 2024. Signed by Judge Amit P. Mehta on 09/10/2024. (lcapm1) (Entered: 09/10/2024)
2024-09-13Set/Reset Deadlines: Joint Status Report from the parties due by 9/18/2024. (zakb) (Entered: 09/13/2024)
2024-09-1819Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 09/18/2024)
2024-09-19MINUTE ORDER. The parties shall file an additional Joint Status Report by October 21, 2024, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 09/19/2024. (lcapm1) (Entered: 09/19/2024)
2024-09-25Set/Reset Deadlines: Joint Status Report due by 10/21/2024. (zakb) (Entered: 09/25/2024)
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