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Case TitleNATIONAL WHISTLEBLOWER CENTER et al v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2010cv02120
Date Filed2010-12-15
Date Closed2016-07-07
JudgeJudge James E. Boasberg
PlaintiffNATIONAL WHISTLEBLOWER CENTER
TERMINATED: 12/16/2014
PlaintiffJULIAN NICHOLAS
TERMINATED: 05/20/2016
PlaintiffR. LAKSHMI VISHNUVAJJALA
PlaintiffEWA M. CZERSKA
TERMINATED: 12/28/2015
PlaintiffROBERT SMITH
TERMINATED: 04/28/2016
PlaintiffNANCY WERSTO
PlaintiffPAUL HARDY
TERMINATED: 06/07/2016
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantOFFICE OF PERSONNEL MANAGEMENT
DefendantKATHLEEN SEBELIUS in her official capacity as Secretary of the Department of Health and Human Services
DefendantNATIONAL ARCHIVES AND RECORDS ADMINISTRATION
DefendantDAVID FERRIERO in his official capacity as Archivist of the United States
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Amended complaint
Opinion/Order [87]
FOIA Project Annotation: In a related decision, Boasberg has ruled the Whistleblower Center does not have standing to challenge Health and Human Services' expedited processing regulations. Although the agency admitted the FOIA requires agencies to have expedited processing regulations, it acknowledged that it had not finalized a regulation but abided by the statutory criteria. Finding the Center had not been injured, Boasberg pointed out that "if the standard HHS currently employs in evaluating requests for expedited processing is the same as that outlined in the statute and the same as that which a final regulation would likely entrench�"given the language of the proposed rule and the agency's representations here�"what injury accrued to Plaintiff's from HHS's failure to finalize its expedited-processing rule?"
Issues: Litigation - Jurisdiction - Standing, Expedited processing
Opinion/Order [90]
FOIA Project Annotation: Judge James Boasberg has ruled that the Department of Health and Human Services properly applied various exemptions, particularly Exemption 7(C) (invasion of privacy concerning law enforcement records), to withhold information concerning investigations of the Office of Inspector General pertaining to mistreatment of FDA employees who were involved in whistleblowing activities related to allegations of improper approval of medical devices. The National Whistleblower Center, along with seven FDA employees, filed FOIA requests for the OIG's investigatory files. The agency first claimed the records were protected by Exemption 7(A) (interference with ongoing investigation or proceeding), but once the investigations were complete the records were processed for other exemption claims. The plaintiffs particularly challenged the agency's use of the privacy exemption to withhold information that was not in itself private but in context could allow the whistleblowers to identify individuals involved in the case. Boasberg accepted the agency's argument that "an entire document such as a report or notes from a witness interview may be withheld in its entirety where disclosure would allow other agency employees to identify the witness and thus constitute an unwarranted invasion of privacy." But he added that "the Court's partial in camera review, which revealed general diligence and fairness on the part of OIG in selecting which information to disclose and which information to withhold, provides no cause to question the government's application of the exemption to these documents." In balancing the privacy interest against the public interest in disclosure, Boasberg noted that "in the process, however, the Court recognizes that substantive information beyond names, titles, and phone numbers will likely also be withheld in the name of privacy. This concern is not enough, however, to persuade the Court that these documents must be released." Boasberg found that the identities of employees about whom derogatory statements had been made could be withheld to protect their privacy. But he pointed out that "the substance of the accusations and derogatory statements contained in the records at issue, however, is another matter. To the extent the public has an interest in information that sheds light on whether or not OIG properly conducted the investigations at issue in this case, the nature of the accusations made against government officials may be probative of the propriety of the steps OIG took to investigate. The Court thus finds that if the accusations and derogatory statements contained in the documents Plaintiffs seek can be redacted such that the identity of the individuals against whom they are made remain private, OIG may not withhold them under Exemption 7(C)." While Boasberg upheld most of the agency's Exemption 5 (privileges) claims, he found handwritten notes were not necessarily protected. He observed that "Exemption 5 provides no general exclusion for handwritten notes prepared by an agency employee, even though such notes inherently reveal what the notetaker thought was noteworthy about the subject of the notes."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(A) - Categorical exemption
Opinion/Order [119]
FOIA Project Annotation: After an in camera review, Judge James Boasberg has ruled that documents for which the Department of Health and Human Services had invoked Exemption 5 (privileges) are indeed protected by various privileges. The case involved a suit by the National Whistleblower Center for records concerning the alleged retaliatory actions FDA took against several staff members when they complained about improper approval of medical devices. The Center argued that Exemption 5 could not be claimed when there was a factual basis for showing that government misconduct occurred. The Center also contended the agency was required to disclose factual material from the documents. The agency argued that the government misconduct exception did not apply in FOIA cases. But Boasberg pointed out that "there is no authority supporting [the agency's] contention that the government-misconduct exception does not apply in FOIA cases." Instead, he observed that "the government-misconduct exception may be invoked to overcome the deliberative-process privilege in a FOIA suit." The Center focused on a letter from the Office of Special Counsel indicating that "there is a substantial likelihood that the information you provided discloses a violation of law, rule, or regulation, gross mismanagement, and a substantial and specific danger to public safety." HHS argued the letter showed only that the allegations were under investigation. Boasberg noted that "while there is little caselaw to guide the Court on what quantum of evidence must be shown to support the exception, the Court finds that the OSC letter. . .suffice[s] to justify in camera review of the documents withheld pursuant to Exemption 5. The Court, it bears noting, did not weigh the evidence and find release of the documents warranted, only in camera review, which is a significantly lower threshold." But after reviewing the records in camera, Boasberg concluded that they were protected. He explained that "the withheld documents reviewed by this Court here do not approach the level of misconduct contemplated by [relevant cases] with respect to either improper approval of medical devices or retaliation against FDA employees. Instead, documents here involve the typical deliberations that the court would expect of government actors and do not evince the sort of corrupt decision-making process that would not support an exception to Exemption 5. The Court, it should be stressed, makes no determination as to the ultimate question of the lawfulness of Defendant's actions; it merely finds that the misconduct necessary to supersede the deliberative-process privilege of Exemption 5 is not present in the reviewed documents." Boasberg found the agency's affidavits sufficient to support withholding, but noted that "even if it fell short, the Court has independently reviewed the documents in camera for the government-misconduct analysis and is satisfied that Defendant complied with its duty to segregate exempt from non-exempt information in the records withheld or redacted under Exemption 5." Boasberg turned down the Center's request for further discovery. He observed that 'Plaintiffs have essentially obtained the discovery they sought because the Court agreed to conduct in camera review. In other words, without discovery, they had articulated a sufficient factual basis to warrant in camera review. Having obtained that review, there is nothing else discovery could offer them."
Issues: Exemption 5 - Privileges
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2010-12-151COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 350, receipt number 4616034862) filed by NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS. (Attachments: # 1 Exhibit A - Nicholas HHS PSC req, # 2 Exhibit B - Nicholas HHS PSC initial response, # 3 Exhibit C - Nicholas HHS second response, # 4 Exhibit D - 10-27 Bulk EP appeal, # 5 Civil Cover Sheet)(rdj) (Entered: 12/16/2010)
2010-12-15SUMMONS (3) Issued as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 12/16/2010)
2010-12-152LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL WHISTLEBLOWER CENTER identifying Corporate Parent NONE for NATIONAL WHISTLEBLOWER CENTER. (rdj) (Entered: 12/16/2010)
2011-01-183NOTICE of Appearance by Stephen M. Kohn on behalf of All Plaintiffs (Kohn, Stephen) (Entered: 01/18/2011)
2011-01-184NOTICE of Appearance by David K. Colapinto on behalf of All Plaintiffs (Colapinto, David) (Entered: 01/18/2011)
2011-01-195NOTICE of Appearance by Robin Michelle Meriweather on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES (Meriweather, Robin) (Entered: 01/19/2011)
2011-01-216FIRST AMENDED COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, DAVID FERRIERO filed by NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, R. LAKSHMI VISHNUVAJJALA, EWA CZERSKA, ROBERT SMITH, NANCY WERSTO, PAUL HARDY.(znmw, ) (Entered: 01/24/2011)
2011-02-047Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 02/04/2011)
2011-02-04MINUTE ORDER: Upon consideration of defendants' consent motion to enlarge time to file an answer or otherwise respond to plaintiffs' amended complaint, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that defendants shall file an answer or otherwise respond to plaintiffs' amended complaint by not later than March 24, 2011. SO ORDERED. Signed by Judge John D. Bates on 2/4/2011. (lcjdb2) (Entered: 02/04/2011)
2011-03-238Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint,, Joint MOTION for Order Setting Bifurcated Briefing Schedule by EWA CZERSKA, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, PAUL HARDY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Meriweather, Robin) (Entered: 03/23/2011)
2011-03-239ERRATA by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS 8 Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint,Joint MOTION for Order Setting Bifurcated Briefing Schedule filed by R. LAKSHMI VISHNUVAJJALA, DEPARTMENT OF HEALTH AND HUMAN SERVICES, NANCY WERSTO, JULIAN NICHOLAS, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, PAUL HARDY, EWA CZERSKA, ROBERT SMITH, DAVID FERRIERO, KATHLEEN SEBELIUS, OFFICE OF PERSONNEL MANAGEMENT, NATIONAL WHISTLEBLOWER CENTER. (Meriweather, Robin) (Entered: 03/23/2011)
2011-03-29Case randomly reassigned to U.S. District Judge James E. Boasberg. Judge John D. Bates no longer assigned to the case. (gt, ) (Entered: 03/29/2011)
2011-04-0410ORDER granting 8 defendant' motion for enlargement of time and parties' joint motion for entry of a proposed briefing schedule. See text of Order for details. Signed by Judge John D. Bates on 4/4/2011. (lcjdb2) (Entered: 04/04/2011)
2011-04-04Set/Reset Deadlines: Regarding the HHS Office of Inspector General releases that are at issues in Counts 1, 6, 7, 12, 19 and 20; Plaintiffs' Motion for Preliminary Injunction and/or Motion for Partial Summary Judgment Regarding HHS OIG releases due by 4/22/11; Defendants' Opposition to Plaintiffs' Motion (s); Defendants' Cross-Motion for Partial Summary Judgment Regarding HHS OIG Release due by 5/06/11; Plaintiff's Reply In Support of Motion for Preliminary Injunction and/or Motion for Partial Summary Judgment Regarding HHS OIG Releases; Plaintiffs' Opposition to Defendants' Cross-Motion for Partial Summary Judgment Regarding the HHS OIG Releases due by 5/27/11; Defendants' Reply in Support of Cross-Motion For Partial Summary Judgment Regarding HHS OIG Releases due by 6/10/11. (ad) (Entered: 04/04/2011)
2011-04-04Set/Reset Deadlines: All claims against FDA, OPM, and NARA, and any claims against HHS that remain in dispute and have not previously been addressed in summary judgment briefing regarding the HHS OIG Releases; Defendants' Answer or Motion For Partial Summary Judgment or Motion To Dismiss due by 6/10/11; Plaintiff's Opposition to Defendants' Motion For Partial Summary Judgment Or Motion to Dismiss due by 7/01/11; Defendants' Reply In Support Of Motion For Partial Summary Judgment Or Motion To Dismiss due by 8/05/11. (ad) (Entered: 04/04/2011)
2011-04-1911Consent MOTION for Extension of Time to File Initial Motions by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/19/2011)
2011-04-20MINUTE ORDER granting 11 Consent Motion for Extension of Time. Plaintiffs' Motion for Preliminary Injunction and/or Partial Summary Judgment Regarding HHS OIG Releases is now due by April 25, 2011; Defendants' Opposition to Plaintiffs' Motion(s) and Defendants' Cross-Motion for Partial Summary Judgment Regarding HHS OIG Releases are now due May 9, 2011. All other deadlines remain in effect. Plaintiffs' Opposition to Defendants' Cross-Motion for Partial Summary Judgment Regarding the HHS OIG Releases due by May 27, 2011; Defendants' Reply in Support of Cross-Motion For Partial Summary Judgment Regarding HHS OIG Releases due by June 10, 2011. Signed by Judge James E. Boasberg on 4/20/2011. (lcjeb3) (Entered: 04/20/2011)
2011-04-20Set/Reset Deadlines: Plaintiffs' Motion for Preliminary Injunction and/or Partial Summary Judgment Regarding HHS OIG Releases is now due by 4/25/11; Defendants' Opposition to Plaintiffs' Motion(s) and Defendants' Cross-Motion for Partial Summary Judgment Regarding HHS OIG Releases are now due 5/09/11; Plaintiffs' Opposition to Defendants' Cross-Motion for Partial Summary Judgment Regarding the HHS OIG Releases due by 5/27/11; Defendants' Reply in Support of Cross-Motion For Partial Summary Judgment Regarding HHS OIG Releases due by 6/10/11. (ad) (Entered: 04/20/2011)
2011-04-2512Consent MOTION for Extension of Time to File Initial Motions by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 04/25/2011)
2011-04-26MINUTE ORDER granting 12 Consent Motion for Extension of Time. Plaintiffs' Motion for Preliminary Injunction and/or Partial Summary Judgment Regarding HHS OIG Releases is now due by April 27, 2011; Defendants' Opposition to Plaintiffs' Motion(s) and Defendants' Cross-Motion for Partial Summary Judgment Regarding HHS OIG Releases are now due May 11, 2011. All other deadlines remain in effect. Plaintiffs' Opposition to Defendants' Cross-Motion for Partial Summary Judgment Regarding the HHS OIG Releases due by May 27, 2011; Defendants' Reply in Support of Cross-Motion For Partial Summary Judgment Regarding HHS OIG Releases due by June 10, 2011. Signed by Judge James E. Boasberg on 4/26/2011. (lcjeb3) (Entered: 04/26/2011)
2011-04-26Set/Reset Deadlines: Plaintiffs' Motion for Preliminary Injunction and/or Partial Summary Judgment Regarding HHS OIG Releases, due by 4/27/11; Defendants' Opposition to Plaintiffs' Motion(s) and Defendants' Cross-Motion for Partial Summary Judgment Regarding HHS OIG Releases, due by 5/11/11; Plaintiffs' Opposition to Defendants' Cross-Motion for Partial Summary Judgment Regarding the HHS OIG Releases, due by 5/27/11; Defendants' Reply in Support of Cross-Motion For Partial Summary Judgment Regarding HHS OIG Releases, due by 6/10/11. (ad) (Entered: 04/26/2011)
2011-04-2713MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - McClanahan Declaration, # 3 Exhibit B - Letter to Sharfstein, # 4 Exhibit C - Letter to Shuren, # 5 Exhibit D - Closing Memo, # 6 Exhibit E - Supp Closing Memo, # 7 Exhibit F - Conv Report, # 8 Exhibit G - Short Reports, # 9 Exhibit H - Exhibit Logs, # 10 Exhibit I - Logs, # 11 Exhibit J - Complaint Form, # 12 Exhibit K - Control Sheet, # 13 Exhibit L - Olshan emails, # 14 Exhibit M - MDD Nicholas article, # 15 Exhibit N - Gray Sheet article, # 16 Exhibit O - MDD Pisano article, # 17 Exhibit P - FDAWeb article, # 18 Exhibit Q - Grassley letter, # 19 Exhibit R - Mikulski letter, # 20 Exhibit S - MDD LaViolette article)(McClanahan, Kelly) (Entered: 04/27/2011)
2011-04-2714MOTION for Partial Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - McClanahan Declaration, # 3 Exhibit B - Letter to Sharfstein, # 4 Exhibit C - Letter to Shuren, # 5 Exhibit D - Closing Memo, # 6 Exhibit E - Supp Closing Memo, # 7 Exhibit F - Conv Report, # 8 Exhibit G - Short Reports, # 9 Exhibit H - Exhibit Logs, # 10 Exhibit I - Logs, # 11 Exhibit J - Complaint Form, # 12 Exhibit K - Control Sheet, # 13 Exhibit L - Olshan emails, # 14 Exhibit M - MDD Nicholas article, # 15 Exhibit N - Gray Sheet article, # 16 Exhibit O - MDD Pisano article, # 17 Exhibit P - FDAWeb article, # 18 Exhibit Q - Grassley letter, # 19 Exhibit R - Mikulski letter, # 20 Exhibit S - MDD LaViolette article)(McClanahan, Kelly) (Additional attachment(s) added on 4/29/2011: # 21 Proposed Order to Expedite) (td, ). (Entered: 04/27/2011)
2011-04-2715ENTERED IN ERROR. . . . .MOTION to Expedite Consideration of Motion for Partial Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - McClanahan Declaration, # 3 Exhibit B - Letter to Sharfstein, # 4 Exhibit C - Letter to Shuren, # 5 Exhibit D - Closing Memo, # 6 Exhibit E - Supp Closing Memo, # 7 Exhibit F - Conv Report, # 8 Exhibit G - Short Reports, # 9 Exhibit H - Exhibit Logs, # 10 Exhibit I - Logs, # 11 Exhibit J - Complaint Form, # 12 Exhibit K - Control Sheet, # 13 Exhibit L - Olshan emails, # 14 Exhibit M - MDD Nicholas article, # 15 Exhibit N - Gray Sheet article, # 16 Exhibit O - MDD Pisano article, # 17 Exhibit P - FDAWeb article, # 18 Exhibit Q - Grassley letter, # 19 Exhibit R - Mikulski letter, # 20 Exhibit S - MDD LaViolette article)(McClanahan, Kelly) Modified on 4/28/2011 (ztd, ). (Entered: 04/27/2011)
2011-04-27NOTICE OF CORRECTED DOCKET ENTRY: re 15 MOTION to Expedite Consideration of Motion for Partial Summary Judgment is a duplicate of docket entry no. 14 and was entered in error. (td, ) (Entered: 04/28/2011)
2011-05-0916Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment, 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 05/09/2011)
2011-05-16MINUTE ORDER granting 16 Defendants' Motion for Extension of Time to File Response/Reply. Defendants' Response shall now be due May 17, 2011. Plaintiff's Reply shall now be due June 1, 2011. Signed by Judge James E. Boasberg on 5/16/2011. (lcjeb3) (Entered: 05/16/2011)
2011-05-16Set/Reset Deadlines: Defendants' Responses is due by 5/17/2011; Plaintiff's Reply is due by 6/1/2011. (ad) (Entered: 05/16/2011)
2011-05-1617Consent MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Partial Summary Judgment, 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 05/16/2011)
2011-05-16MINUTE ORDER granting 17 Defendants' Motion for Extension of Time to File Response/Reply. Defendants' Response shall now be due May 18, 2011. Signed by Judge James E. Boasberg on 5/16/2011. (lcjeb3) (Entered: 05/16/2011)
2011-05-16Set/Reset Deadlines: Defendants' Response is due by 5/18/2011. (ad) (Entered: 05/16/2011)
2011-05-1818MOTION for Summary Judgment (Partial) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Attachments: # 1 Declaration of Robin Brooks, # 2 Exhibit 1 to Brooks Declaration, # 3 Exhibit 2-16 to Brooks Declaration)(Meriweather, Robin) (Entered: 05/18/2011)
2011-05-1819Memorandum in opposition to re 14 MOTION for Partial Summary Judgment, 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS. (Attachments: # 1 Statement of Facts Response, # 2 Declaration of Robin Brooks, # 3 Exhibit 1 to Brooks Declaration, # 4 Exhibit 2-16 to Brooks Declaration)(Meriweather, Robin) (Entered: 05/18/2011)
2011-05-1920NOTICE OF FILING REDACTED DOCUMENT to 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) , 19 Memorandum in Opposition, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit 1 to Brooks Declaration (CORRECTED))(Meriweather, Robin) (Entered: 05/19/2011)
2011-05-2821Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) , 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 05/28/2011)
2011-05-31MINUTE ORDER granting 21 Plaintiff's Consent Motion for Extension of Time to File Response/Reply. Plaintiff's Reply shall now be due June 3, 2011. Signed by Judge James E. Boasberg on 5/31/2011. (lcjeb3) (Entered: 05/31/2011)
2011-05-31Set/Reset Deadlines: Plaintiff's reply due by 6/3/2011. (ad) (Entered: 05/31/2011)
2011-06-0322Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/03/2011)
2011-06-0323Consent MOTION to Stay re 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) Pending Resolution of Plaintiffs' Competing Motion by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/03/2011)
2011-06-03MINUTE ORDER granting 22 Motion for Extension of Time to File Response/Reply. Plaintiffs' Reply shall now be due June 7, 2011. Signed by Judge James E. Boasberg on 6/3/2011. (lcjeb3) (Entered: 06/03/2011)
2011-06-03Set/Reset Deadlines: Plaintiffs' reply is due by 6/07/2011. (ad) (Entered: 06/03/2011)
2011-06-03MINUTE ORDER granting 23 Plaintiffs' Motion to Stay. Briefing on Defendant's Cross Motion for Summary Judgment shall be stayed until the Court has ruled on Plaintiffs' Motion for Preliminary Injunction or in the alternative Motion for Partial Summary Judgment. Plaintiffs' Response to Defendant's Cross Motion shall be filed no later than seven days after the Court's ruling on Plaintiffs' Motion. Signed by Judge James E. Boasberg on 6/3/2011.(lcjeb3) (Entered: 06/03/2011)
2011-06-0724Consent MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment of One Day by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 06/07/2011)
2011-06-07MINUTE ORDER granting 24 Plaintiffs' Consent Motion for Extension of Time to File Response/Reply. Plaintiffs' Reply shall now be due June 9, 2011. Signed by Judge James E. Boasberg on 6/7/2011. (lcjeb3) (Entered: 06/07/2011)
2011-06-07MINUTE ORDER: The Court held a scheduling teleconference on June 7, 2011, during which all parties agreed that the Court shall hold a hearing on Plaintiffs' Preliminary Injunction Motion limited to the issue of irreparable harm. The parties agreed to schedule that hearing on June 20, 2011, at 2 p.m. in Courtroom 19. Signed by Judge James E. Boasberg on 6/7/2011.(lcjeb3) (Entered: 06/07/2011)
2011-06-07Set/Reset Deadlines: Plaintiffs' Reply shall now be due by 6/9/2011. (tcb) (Entered: 06/07/2011)
2011-06-07Set/Reset Hearings: Preliminary Injunction Hearing set for 6/20/2011 at 2:00 PM in Courtroom 19 before Judge James E. Boasberg. (tcb) (Entered: 06/07/2011)
2011-06-0925Consent MOTION for Extension of Time to File Dispositive Motions , Consent MOTION for Extension of Time to File Answer re 6 Amended Complaint, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 06/09/2011)
2011-06-1026REPLY to opposition to motion re 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment 14 MOTION for Partial Summary Judgment filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Exhibit T - Index Sheet, # 2 Exhibit U - Report of McConagha Conversation, # 3 Exhibit V - Report of Investigative Activity, # 4 Exhibit W - Report of Investigative Activity, # 5 Exhibit X - HHS Rules of Behavior)(McClanahan, Kelly) Modified to add link on 6/13/2011 (znmw, ). (Entered: 06/10/2011)
2011-06-10MINUTE ORDER granting 25 Motion for Extension of Time to File Dispositive Motions or Answer. Defendants' Answer or Motion For Partial Summary Judgment or Motion To Dismiss is now due by 6/24/11; Plaintiff's Opposition to Defendants' Motion For Partial Summary Judgment Or Motion to Dismiss is now due by 7/15/11; Defendants' Reply In Support Of Motion For Partial Summary Judgment Or Motion To Dismiss is now due by 8/19/11. Signed by Judge James E. Boasberg on 6/10/2011. (lcjeb3) (Entered: 06/10/2011)
2011-06-10Set/Reset Deadlines: Defendants' Answer or Motion For Partial Summary Judgment or Motion To Dismiss is now due by 6/24/2011; Plaintiff's Opposition to Defendants' Motion For Partial Summary Judgment Or Motion to Dismiss is now due by 7/15/2011; Defendants' Reply In Support Of Motion For Partial Summary Judgment Or Motion To Dismiss is now due by 8/19/2011. (ad) (Entered: 06/10/2011)
2011-06-20Minute Entry for proceedings held before Judge James E. Boasberg: Preliminary Injunction Hearing held on 6/20/2011. (Court Reporter Lisa Griffith) (ad) (Entered: 06/20/2011)
2011-06-2027NOTICE of Filing of Additional Exhibits and of Additional Authority by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment (Attachments: # 1 Exhibit Y - Czerska Notice of Proposed Removal, # 2 Exhibit Z - Hardy Notice of Non-Duty Status, # 3 Exhibit AA - Vishnuvajjala Memo of Caution)(McClanahan, Kelly) (Entered: 06/20/2011)
2011-06-2228ORDER denying 13 Plaintiffs' Motion for Preliminary Injunction; the parties shall submit a joint briefing schedule for their motions for summary judgment by July 7, 2011. Signed by Judge James E. Boasberg on 6/22/2011. (lcjeb3) (Entered: 06/22/2011)
2011-06-23Set/Reset Deadlines: Parties shall submit a joint briefing schedule for their motions for summary judgment by 7/7/2011. (ad) (Entered: 06/23/2011)
2011-06-2329NOTICE by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL WHISTLEBLOWER CENTER, KATHLEEN SEBELIUS re 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) , 14 MOTION for Partial Summary Judgment (Meriweather, Robin) (Entered: 06/23/2011)
2011-06-2430Consent MOTION for Extension of Time to File Dispositive Motions and Stay of Deadlines by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 06/24/2011)
2011-06-24MINUTE ORDER granting 30 Defendants' Motion for Extension of Time. It is further ORDERED that the claims against OPM and NARA, and the claims against HHS raised in Counts 26, 31, and 33 shall be governed by the following schedule: NARA shall file an answer or dispositive motion in response to Counts 30 and 32 by July 15, 2011; HHS shall file an answer or dispositive motion in response to Counts 26, 31, and 33 by July 15, 2011; OPM shall file an answer or dispositive motion in response to Counts 23-25 by September 9, 2011. It is further ORDERED that all remaining deadlines for an answer or dispositive motion are STAYED until July 7, 2011. Signed by Judge James E. Boasberg on 6/24/2011. (lcjeb3) (Entered: 06/24/2011)
2011-06-27Set/Reset Deadlines: NARA shall file an answer or dispositive motion in response to Counts 30 and 32 by 7/15/11; HHS shall file an answer or dispositive motion in response to Counts 26, 31, and 33 by 7/15/11; OPM shall file an answer or dispositive motion in response to Counts 23-25 by 9/09/11. (ad) (Entered: 06/27/2011)
2011-07-0731Joint MOTION Entry of Proposed Briefing Schedule by EWA CZERSKA, DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, PAUL HARDY, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Meriweather, Robin) (Entered: 07/07/2011)
2011-07-08MINUTE ORDER granting 31 Motion for Entry of Proposed Briefing Schedule. The Schedule as set forth in the Proposed Briefing Schedule shall govern the proceedings. The parties shall submit a status report on August 1, 2011 regarding the remaining briefing to be scheduled. The deadline for briefs regarding the FOIA/PA response from the FDA CDRH component, and the documents that HHS OIG referred to FDA, is stayed until August 1, 2011, as well. Signed by Judge James E. Boasberg on 7/8/2011. (lcjeb3) (Entered: 07/08/2011)
2011-07-11Set/Reset Deadlines: Parties shall submit a status report on 8/1/2011, regarding the remaining briefing to be scheduled. (ad) (Entered: 07/11/2011)
2011-07-1432Consent MOTION for Extension of Time to File Dispositive Motions by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 07/14/2011)
2011-07-14MINUTE ORDER granting 32 Consent Motion for Extension of Time. The Court ORDERS that the briefing schedule is amended as follows: (1) Defendants NARA and Ferriero shall file their answer and motions in response to Counts 30 and 32 by July 22, 2011; (2) to deadline for HHS to address the issues raised in Counts 26, 31, and 33 is extended through July 22, 2011; and (3) HHS IOS and HHS Program Support Center shall file their dispositive motion regarding Plaintiffs' FOIA request by July 22, 2011. The Court further ORDERS that Plaintiffs shall file their opposition to the foregoing no later than August 12, 2011, and Defendants shall file their reply no later than September 2, 2011. Signed by Judge James E. Boasberg on 7/14/2011. (lcjeb1) (Entered: 07/14/2011)
2011-07-15Set/Reset Deadlines: Defendants NARA and Ferriero shall file their answer and motions in response to Counts 30 and 32 by 7/22/11; The deadline for HHS to address the issues raised in Counts 26, 31, and 33 is extended through 7/22/11; HHS IOS and HHS Program Support Center shall file their dispositive motion regarding Plaintiffs' FOIA request by 7/22/11; Plaintiffs shall file their opposition to the foregoing no later than 8/12/11; Defendants shall file their reply no later than 9/02/11. (ad) (Entered: 07/15/2011)
2011-07-2133Consent MOTION for Extension of Time to File Dispositive Motions by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 07/21/2011)
2011-07-22MINUTE ORDER granting 33 Motion for Extension of Time to File Dispostive Motions. The briefing schedule is amended as follows: Defendant NARA's Dispositive Motion in Response to Counts 30 and 32 shall be filed by August 17, 2011. Plaintiff's Opposition to that motion shall be filed on September 6, 2011, and Defendant NARA's Reply shall be filed by September 27, 2011; Defendant HHS's Dispostive Motion in response to Counts 26, 31, and 33 shall be filed by July 28, 2011. Plaintiff's Opposition to that motion shall be filed by August 23, 2011, and Defendant HHS's Reply shall be due September 13, 2011; Defendant HHS IOS's Dispositive Motion in response to the FOIA/PA response shall be filed by July 28, 2011. Plaintiff's Opposition to that motion shall be filed by August 23, 2011, and Defendant HHS IOS's Reply shall be filed by September 13, 2011. Signed by Judge James E. Boasberg on 7/22/2011. (lcjeb3) (Entered: 07/22/2011)
2011-07-2234MOTION for Summary Judgment (partial) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Attachments: # 1 Maloney Declaration, # 2 Rados Declaration w/Exhs. 1-5, # 3 Rados Declaration Exhs. 6-10, # 4 Rados Declaration Exhs. 11-17, # 5 Text of Proposed Order)(Meriweather, Robin) (Entered: 07/22/2011)
2011-07-2735Consent MOTION for Extension of Time to File To File Dispositive Motion Re Counts 31 and 33 by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 07/27/2011)
2011-07-27MINUTE ORDER granting 35 Defendants' Motion for Extension of Time to File Dispositive Motions. Defendant HHS's Dispositive Motion addressing Counts 31 and 33 shall now be due August 17, 2011. Signed by Judge James E. Boasberg on 7/27/2011. (lcjeb3) (Entered: 07/27/2011)
2011-07-28Set/Reset Deadlines: Defendant HHS's Dispositive Motion addressing Counts 31 and 33 shall now be due 8/17/2011. (ad) (Entered: 07/28/2011)
2011-07-2836MOTION to Dismiss in Part , MOTION for Partial Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Attachments: # 1 Declaration of Robert Eckert, # 2 Declaration of Rasheed Williams)(Meriweather, Robin) (Entered: 07/28/2011)
2011-07-2837Consent MOTION for Extension of Time to File Status Report by DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS (Meriweather, Robin) (Entered: 07/28/2011)
2011-07-29MINUTE ORDER granting 37 Motion for Extension of Time to File Status Report. The Status Report previously due on August 1, 2011, shall now be filed on or before August 8, 2011. FURTHER ORDERED that the stay currently applicable to the FDA CDRH briefing deadline is extended to August 8, 2011, as well. Signed by Judge James E. Boasberg on 7/29/2011. (lcjeb3) (Entered: 07/29/2011)
2011-07-29Set/Reset Deadlines: Status Report due by 8/08/2011. (ad) (Entered: 07/29/2011)
2011-08-0838NOTICE OF SUBSTITUTION OF COUNSEL by Marian L. Borum on behalf of All Defendants Substituting for attorney Robin Meriweather (Borum, Marian) (Entered: 08/08/2011)
2011-08-0839STATUS REPORT (JOINT) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 08/08/2011)
2011-08-0840Joint MOTION for Order for Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 08/08/2011)
2011-08-1241MOTION to Stay (Defendant Federal Drug Administration) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Attachments: # 1 Declaration Declaration of Sandy Roderick-Molina, # 2 Declaration Declaration of Frederick J. Sadler, # 3 Exhibit Exhibit to Sadler Declaration, # 4 Exhibit Exhibit to Sadler Declaration, # 5 Exhibit Exhibit to Sadler Declaration, # 6 Exhibit Exhibit to Sadler Declaration, # 7 Exhibit Exhibit to Sadler Declaration, # 8 Exhibit Exhibit to Sadler Declaration, # 9 Exhibit Exhibit to Sadler Declaration, # 10 Exhibit Exhibit to Sadler Declaration, # 11 Exhibit Exhibit to Sadler Declaration, # 12 Exhibit Exhibit to Sadler Declaration, # 13 Exhibit Exhibit to Sadler Declaration, # 14 Exhibit Exhibit to Sadler Declaration, # 15 Exhibit Exhibit to Sadler Declaration, # 16 Exhibit Exhibit to Sadler Declaration, # 17 Exhibit Exhibit to Sadler Declaration, # 18 Exhibit Exhibit to Sadler Declaration, # 19 Exhibit Exhibit to Sadler Declaration, # 20 Exhibit Exhibit to Sadler Declaration, # 21 Exhibit Exhibit to Sadler Declaration, # 22 Exhibit Exhibit to Sadler Declaration, # 23 Exhibit Exhibit to Sadler Declaration, # 24 Exhibit Exhibit to Sadler Declaration, # 25 Exhibit Exhibit to Sadler Declaration, # 26 Exhibit Exhibit to Sadler Declaration, # 27 Exhibit Exhibit to Sadler Declaration, # 28 Exhibit Exhibit to Sadler Declaration, # 29 Exhibit Exhibit to Sadler Declaration, # 30 Exhibit Exhibit to Sadler Declaration, # 31 Exhibit Exhibit to Sadler Declaration, # 32 Exhibit Exhibit to Sadler Declaration, # 33 Exhibit Exhibit to Sadler Declaration, # 34 Exhibit Exhibit to Sadler Declaration, # 35 Exhibit Exhibit to Sadler Declaration, # 36 Exhibit Exhibit to Sadler Declaration, # 37 Exhibit Exhibit to Sadler Declaration)(Borum, Marian) (EXHIBITS 3, 13, and 21 were SEALED pursuant to Order entered 8/16/2011). Modified on 8/16/2011 (ztg, ). (Entered: 08/12/2011)
2011-08-1542MOTION for Leave to File Second Amended Complaint by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Second Amended Complaint)(McClanahan, Kelly) (Entered: 08/15/2011)
2011-08-1643MOTION for Leave to File Exhibits Under Seal by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 08/16/2011)
2011-08-1644NOTICE OF FILING REDACTED DOCUMENT to 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Borum, Marian) (Entered: 08/16/2011)
2011-08-16MINUTE ORDER granting 43 Motion for Leave to File Exhibits Under Seal. Signed by Judge James E. Boasberg on 8/16/2011. (lcjeb3) (Entered: 08/16/2011)
2011-08-16MINUTE ORDER granting 40 Motion for Order setting briefing schedule. The briefing schedule set out in the parties' Joint Status Report 39 filed on August 8, 2011, shall govern the proceedings. Signed by Judge James E. Boasberg on 8/16/2011. (lcjeb3) (Entered: 08/16/2011)
2011-08-1745Joint MOTION Clarification of the Court's August 16, 2011 Order Regarding Proposed Briefing Schedule re Order on Motion for Order, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 08/17/2011)
2011-08-1746Memorandum in opposition to re 42 MOTION for Leave to File Second Amended Complaint filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Borum, Marian) (Entered: 08/17/2011)
2011-08-18MINUTE ORDER: In light of 45 the parties' Joint Motion for Clarification, the Court ORDERS that Defendants' Supplemental Cross-Motion for Partial Summary Judgment shall be due on or before September 26, 2011; Plaintiffs' Opposition shall be due on or before October 17; and Defendants' Reply shall be due on or before November 7, 2011. Signed by Judge James E. Boasberg on 8/18/2011. (lcjeb3) (Entered: 08/18/2011)
2011-08-19Set/Reset Deadlines: Supplemental Cross Motion for Partial Summary Judgment due by 9/26/2011. Opposition due by 10/17/2011. Reply due by 11/7/2011. (mpt, ) (Entered: 08/19/2011)
2011-08-2147REPLY to opposition to motion re 42 MOTION for Leave to File Second Amended Complaint filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Exhibit B - Borum email)(McClanahan, Kelly) (Entered: 08/21/2011)
2011-08-2648Consent MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/26/2011)
2011-08-26ANNULLED pursuant to Minute Order entered 9/2/2011.....MINUTE ORDER granting 48 Motion for Extension of Time to File Response/Reply. Plaintiff's Opposition to Defendant Food and Drug Administrations Motion for a Stay shall now be due on August 31, 2011. Signed by Judge James E. Boasberg on 8/26/2011. (lcjeb3) Modified on 9/2/2011 (tg, ). (Entered: 08/26/2011)
2011-08-29Set/Reset Deadlines: Plaintiff's Opposition to Defendant Food and Drug Administrations Motion for a Stay shall now be due on 8/31/2011. (ad) (Entered: 08/29/2011)
2011-08-29ENTERED IN ERROR....Set/Reset Deadlines: Defendant Korson shall answer Plaintiffs Amended Complaint by 9/09/2011. (ad) Modified on 8/29/2011 (ad). (Entered: 08/29/2011)
2011-08-29NOTICE OF CORRECTED DOCKET ENTRY: Set/Reset Deadlines entered on 8/29/2011 was Entered in the wrong case, please disregard this entry. (ad) (Entered: 08/29/2011)
2011-08-3049Consent MOTION for Annulment of the Court's August 26, 2011, Scheduling Order re Order on Motion for Extension of Time to File Response/Reply, Set/Reset Deadlines, 48 Consent MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 08/30/2011)
2011-09-02MINUTE ORDER granting 49 Plaintiff's Motion for Annulment of the Court's August 26, 2011, Order. FURTHER ORDERED that the Court's Minute Order dated August 26, 2011, is hereby annulled, and FURTHER ORDERED that Plaintiffs' Opposition to Defendant Food and Drug Administration's Motion for a Stay shall be filed on or before September 7, 2011. Signed by Judge James E. Boasberg on 9/2/2011. (lcjeb3) (Entered: 09/02/2011)
2011-09-02Set/Reset Deadlines: Plaintiffs' opposition to Defendant Food and Drug Administration's Motion for a Stay due by 9/7/2011. (tg, ) (Entered: 09/02/2011)
2011-09-0750Consent MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/07/2011)
2011-09-08MINUTE ORDER: The Court hereby GRANTS 50 Plaintiffs' Consent Motion for Extension of Time to File Response/Reply. The Court futher ORDERS that Plaintiffs' Opposition to Defendant Food and Drug Administration's Motion for a Stay shall be filed on or before September 9, 2011. Signed by Judge James E. Boasberg on 9/8/2011.(lcjeb2) (Entered: 09/08/2011)
2011-09-08Set/Reset Deadlines: Plaintiffs' Opposition to Defendant Food and Drug Administration's Motion for a Stay shall be filed on or before 9/09/2011. (ad) (Entered: 09/08/2011)
2011-09-0951Memorandum in opposition to re 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/09/2011)
2011-09-0952Cross MOTION for Preliminary Injunction by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/09/2011)
2011-09-1053NOTICE of Filing Statement of Material Facts by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 52 Cross MOTION for Preliminary Injunction (Attachments: # 1 Statement of Facts)(McClanahan, Kelly) (Entered: 09/10/2011)
2011-09-1554Consent MOTION for Extension of Time to File Opposition to Plaintiffs' Cross-Motion for a Preliminary Injunction by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 09/15/2011)
2011-09-15MINUTE ORDER granting 54 Motion for Extension of Time to File an Opposition to Plaintiffs Cross-Motion for a Preliminary Injunction. The Court FURTHER ORDERS that Defendant's Opposition shall be submitted by September 23, 2011. Signed by Judge James E. Boasberg on 9/15/2011. (lcjeb2) (Entered: 09/15/2011)
2011-09-16Set/Reset Deadlines: Defendant's Opposition to Plaintiffs Cross-Motion for a Preliminary Injunction shall be submitted by 9/23/2011. (ad) (Entered: 09/16/2011)
2011-09-2155Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss in Part MOTION for Partial Summary Judgment, 34 MOTION for Summary Judgment (partial) MOTION for Summary Judgment (partial) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/21/2011)
2011-09-22MINUTE ORDER granting 55 Motion for Extension of Time to File Response/Reply re: 36 Defendants' Motion to Dismiss in Part and for Partial Summary Judgment and 34 Defendants' Motion for Partial Summary Judgment. The Court FURTHER ORDERS that Plaintiffs' Opposition shall be submitted by September 28, 2011. Signed by Judge James E. Boasberg on 9/22/2011. (lcjeb2) (Entered: 09/22/2011)
2011-09-22Set/Reset Deadlines: Plaintiffs' oppositions to defendants' dispositive motions due by 9/28/2011. (tg, ) (Entered: 09/22/2011)
2011-09-2356REPLY to opposition to motion re 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 09/23/2011)
2011-09-2357Memorandum in opposition to re 52 Cross MOTION for Preliminary Injunction filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 09/23/2011)
2011-09-2358Amended MOTION to Stay re 41 MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) MOTION to Stay (Defendant Federal Drug Administration) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 09/23/2011)
2011-09-2659Supplemental MOTION for Partial Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Borum, Marian) (Entered: 09/26/2011)
2011-09-27MINUTE ORDER: The Court held a conference call with the parties today to discuss various scheduling issues and pending motions. By agreement of all parties, the Court ORDERS that: 1) Plaintiffs' 42 Motion for Leave to File Second Amended Complaint is GRANTED and the Second Amended Complaint is deemed FILED; 2) Defendants' 41 Motion to Stay and 58 Amended Motion to Stay are DENIED WITHOUT PREJUDICE to be revisited at the March 2012 status hearing; 3) Plaintiffs' 52 Cross-Motion for Preliminary Injunction is DENIED WITHOUT PREJUDICE to be revisited at the March 2012 status hearing; 4) Plaintiffs' Opposition to Defendants' July 2011 Motions is now due Sept. 29, 2011, and Defendants' Reply is now due Oct. 31, 2011; and 5) A status hearing shall be held to discuss the processing time for Plaintiffs' CDRH requests on March 28, 2012, at 10:00 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 9/27/2011. (lcjeb2) (Entered: 09/27/2011)
2011-09-27Set/Reset Deadlines/Hearings: Plaintiffs' Opposition to Defendants' July 2011 Motions is now due 9/29/2011; Defendants' Reply is now due 10/31/2011. A Status Conference is set for 3/28/2012 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 09/27/2011)
2011-09-2760Second AMENDED COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS filed by ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, JULIAN NICHOLAS, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, NANCY WERSTO, EWA CZERSKA.(td, ) (Entered: 09/28/2011)
2011-09-2961NOTICE Declining to File an Opposition by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 34 MOTION for Summary Judgment (partial) MOTION for Summary Judgment (partial) (Attachments: # 1 Exhibit A - Supplemental OL release letters)(McClanahan, Kelly) (Entered: 09/29/2011)
2011-09-3062Memorandum in opposition to re 36 MOTION to Dismiss in Part MOTION for Partial Summary Judgment filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/30/2011)
2011-09-3063Consent MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss in Part MOTION for Partial Summary Judgment (Nunc Pro Tunc) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 09/30/2011)
2011-09-30MINUTE ORDER granting 63 Motion for Extension of Time to File Response/Reply to 36 MOTION to Dismiss in Part MOTION for Partial Summary Judgment. The Court ORDERS that Plaintiffs' Opposition shall be due by September 30, 2011; Defendants' Reply shall be due by November 1, 2011. Signed by Judge James E. Boasberg on 9/30/2011. (lcjeb2) (Entered: 09/30/2011)
2011-09-30MINUTE ORDER: Pursuant to 61 Plaintiffs' Notice Declining to File an Opposition to Defendants' 34 Motion for Summary Judgment, the Court hereby ORDERS that Defendants' 34 Motion for Summary Judgment is GRANTED. Signed by Judge James E. Boasberg on 9/30/2011. (lcjeb2) (Entered: 09/30/2011)
2011-09-30Set/Reset Deadlines: Plaintiffs' Opposition to 36 MOTION to Dismiss in Part, MOTION for Partial Summary Judgment due by 9/30/2011; defendants' Reply to Opposition due by 11/1/2011. (tg, ) (Entered: 09/30/2011)
2011-10-0764Consent MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 10/07/2011)
2011-10-07MINUTE ORDER granting 64 Consent Motion for Extension of Time to File Dispositive Motion. Defendants' dispositive motion shall now be due October 14, 2011. Signed by Judge James E. Boasberg on 10/7/2011. (lcjeb2) (Entered: 10/07/2011)
2011-10-11Set/Reset Deadlines: Defendants' dispositive motion shall now be due 10/14/2011. (ad) (Entered: 10/11/2011)
2011-10-1465MOTION to Dismiss by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Attachments: # 1 Exhibit, # 2 Exhibit)(Borum, Marian) (Entered: 10/14/2011)
2011-10-1766Consent MOTION for Extension of Time to File Dispositive Motion by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 10/17/2011)
2011-10-18MINUTE ORDER granting 66 Consent Motion for Extension of Time to File Dispositive Motion. The Court ORDERS that Defendant's dispositive Motion shall be submitted on or before November 17, 2011. Signed by Judge James E. Boasberg on 10/18/2011. (lcjeb2) (Entered: 10/18/2011)
2011-10-18Set/Reset Deadlines: Defendant's dispositive Motion shall be submitted on or before 11/17/2011. (ad) (Entered: 10/18/2011)
2011-10-21MINUTE ORDER: The Court ORDERS that it will hold a telephone conference call with all parties on Oct. 28, 2011, at 11 a.m. to discuss the posture and ripeness of all pending motions. Signed by Judge James E. Boasberg on 10/21/2011. (lcjeb2) (Entered: 10/21/2011)
2011-10-21Set/Reset Hearings: Telephone Conference scheduled for 10/28/2011 at 11:00 AM in Chambers before Judge James E. Boasberg. (tg, ) (Entered: 10/24/2011)
2011-10-2567MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) (Nunc Pro Tunc) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/25/2011)
2011-10-25MINUTE ORDER granting 67 Motion for Extension of Time to File Response/Reply. Plaintiffs' Opposition shall be due 10/25/2011; Defendant's Reply shall be due by 11/15/2011. Signed by Judge James E. Boasberg on 10/25/2011. (lcjeb2) (Entered: 10/25/2011)
2011-10-25MINUTE ORDER: The Court ORDERS that the telephone conference call previously scheduled for Oct. 28, 2011, at 11 a.m. is hereby rescheduled for Oct. 27, 2011, at 2:00 p.m. Signed by Judge James E. Boasberg on 10/25/2011. (lcjeb2) (Entered: 10/25/2011)
2011-10-25Set/Reset Deadlines: Plaintiffs' opposition due by 10/25/2011; defendant's reply due by 11/15/2011. (tg, ) (Entered: 10/25/2011)
2011-10-25Set/Reset Hearings: Telephone Conference RESCHEDULED for 10/27/2011 at 2:00 PM in Chambers before Judge James E. Boasberg. (tg, ) (Entered: 10/25/2011)
2011-10-2668Memorandum in opposition to re 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22)(McClanahan, Kelly) Modified on 10/27/2011 (td, ); (Some documents slightly illegible) (Entered: 10/26/2011)
2011-10-2669MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) (Nunc Pro Tunc) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 10/26/2011)
2011-10-26MINUTE ORDER granting 69 Motion for Extension of Time to File Response/Reply re 18 Partial Motion for Summary Judgment. Plaintiff's Opposition shall now be due October 26, 2011, and Defendants' Reply shall be due Nov. 16, 2011. Signed by Judge James E. Boasberg on 10/26/2011. (lcjeb2) (Entered: 10/26/2011)
2011-10-26Set/Reset Deadlines: Plaintiff's Opposition shall now be due 10/26/2011; Defendants' Reply shall be due 11/16/2011. (ad) (Entered: 10/26/2011)
2011-10-2770NOTICE Declining to File an Opposition by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 65 MOTION to Dismiss (McClanahan, Kelly) (Entered: 10/27/2011)
2011-10-27MINUTE ORDER: Given Plaintiffs' 70 Notice Declining to File an Opposition, the Court ORDERS that Defendants' 65 Motion to Dismiss Counts 30-33 is hereby GRANTED. Signed by Judge James E. Boasberg on 10/27/2011. (lcjeb2) (Entered: 10/27/2011)
2011-10-2871NOTICE of Filing an Amended Exhibit by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 68 Memorandum in Opposition,,, (Attachments: # 1 Exhibit 22 (amended))(McClanahan, Kelly) (Entered: 10/28/2011)
2011-10-2872Joint MOTION to Amend/Correct Order on Motion for Order, Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS (Borum, Marian) (Entered: 10/28/2011)
2011-10-28MINUTE ORDER granting 72 Joint Motion to Amend/Correct. The Court ORDERS that the schedule proposed in 72 Joint Motion shall govern proceedings. Signed by Judge James E. Boasberg on 10/28/2011. (lcjeb2) (Entered: 10/28/2011)
2011-11-0173REPLY to opposition to motion re 36 MOTION to Dismiss in Part MOTION for Partial Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 11/01/2011)
2011-11-1674REPLY to opposition to motion re 18 MOTION for Summary Judgment (Partial) MOTION for Summary Judgment (Partial) , 59 Supplemental MOTION for Partial Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 11/16/2011)
2011-11-1775MOTION to Dismiss or, in the Alternative, for , MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Declaration, # 5 Declaration, # 6 Exhibit)(Borum, Marian) (Entered: 11/17/2011)
2011-12-1776Consent MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Dismiss or, in the Alternative, for MOTION for Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 12/17/2011)
2011-12-19MINUTE ORDER granting 76 Motion for Extension of Time to File Response/Reply. Plaintiffs' Opposition shall now be due by February 13, 2012. Signed by Judge James E. Boasberg on 12/19/2011. (lcjeb2) (Entered: 12/19/2011)
2011-12-19Set/Reset Deadlines: Plaintiffs' Opposition shall now be due by 2/13/2012. (ad) (Entered: 12/19/2011)
2011-12-2177Joint MOTION to Stay Briefing by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS (Borum, Marian) (Entered: 12/21/2011)
2011-12-22MINUTE ORDER granting 77 Joint Motion to Stay Briefing. Consistent with the Joint Motion, the Court ORDERS that each time Plaintiffs provide Defendants with a list of challenges for a particular component, the parties shall propose a briefing schedule to the Court for the corresponding dispositive motion. It is FURTHER ORDERED that all parties shall appear for a Status Conference on February 22, 2012, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 12/22/2011. (lcjeb2) (Entered: 12/22/2011)
2011-12-22Set/Reset Hearings: A Status Conference is set for 2/22/2012 at 09:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 12/22/2011)
2012-02-10MINUTE ORDER: At the Status Conference on February 22, 2012, counsel for both sides should be prepared to discuss precisely what issues in which pending motions remain in dispute and need resolution by the Court and which have been resolved or are in negotiations between the parties. Signed by Judge James E. Boasberg on 2/10/2012. (lcjeb2) (Entered: 02/10/2012)
2012-02-1278MOTION for Leave to File Third Amended Complaint by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Exhibit A - Third Amended Complaint, # 2 Exhibit B - Erb-McClanahan email, # 3 Exhibit C - Meriweather-McClanahan email, # 4 Exhibit McClanahan-Meriweather email, # 5 Exhibit E - Meriweather-McClanahan email, # 6 Exhibit F - OPM waiver, # 7 Exhibit G - USPS Tracking information, # 8 Exhibit H - 2011-00395 request, # 9 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/12/2012)
2012-02-1279Consent MOTION to Stay re 75 MOTION to Dismiss or, in the Alternative, for MOTION for Summary Judgment by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 02/12/2012)
2012-02-1780NOTICE of Filing of Additional Exhibits by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 51 Memorandum in Opposition,,, 68 Memorandum in Opposition,,, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(McClanahan, Kelly) (Entered: 02/17/2012)
2012-02-22MINUTE ORDER granting 79 Motion to Stay Briefing Re: 75 Motion to Dimiss or in the Alternative for Summary Judgment. Briefing on this Motion shall be stayed until the Court issues a decision of Plaintiffs' 78 Motion to File a Third Amended Complaint. Signed by Judge James E. Boasberg on 2/22/2012. (lcjeb2) (Entered: 02/22/2012)
2012-02-22MINUTE ORDER: As discussed at today's Status Conference, the Status Conference previously set for March 28, 2012, is hereby RESCHEDULED for March 14, 2012, at 11:00 am in Courtroom 19. Signed by Judge James E. Boasberg on 2/22/2012. (lcjeb2) (Entered: 02/22/2012)
2012-02-22Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 2/22/2012. The Status Conference previously set for 3/28/2012 at 10:00 AM is VACATED and RESCHEDULED for 3/14/2012 at 11:00 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) (Entered: 02/22/2012)
2012-02-2781Memorandum in opposition to re 78 MOTION for Leave to File Third Amended Complaint filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Borum, Marian) (Entered: 02/27/2012)
2012-03-0582REPLY to opposition to motion re 78 MOTION for Leave to File Third Amended Complaint filed by NATIONAL WHISTLEBLOWER CENTER. (McClanahan, Kelly) (Entered: 03/05/2012)
2012-03-0883ORDER granting 78 Motion for Leave to File Third Amended Complaint. Plaintiffs' Third Amended Complaint is deemed FILED. Signed by Judge James E. Boasberg on 3/8/2012. (lcjeb2) (Entered: 03/08/2012)
2012-03-0884Third AMENDED COMPLAINT against All Defendants filed by ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, JULIAN NICHOLAS, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, NANCY WERSTO, EWA CZERSKA.(td, ) (Entered: 03/09/2012)
2012-03-0985NOTICE of Filing of Additional Exhibit by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 51 Memorandum in Opposition,,, (Attachments: # 1 Exhibit I - Williams affidavit)(McClanahan, Kelly) (Entered: 03/09/2012)
2012-03-1286ORDER granting 36 Motion to Dismiss in Part and for Partial Summary Judgment. Count 26 is DISMISSED WITH PREJUDICE, and judgment is ENTERED for Defendants on any claims arising from IOS's or ASPR's response to and processing of Plaintiffs' requests. Signed by Judge James E. Boasberg on 3/12/2012. (lcjeb2) (Entered: 03/12/2012)
2012-03-1287MEMORANDUM OPINION to 86 Order. Signed by Judge James E. Boasberg on 3/12/2012. (lcjeb2) (Entered: 03/12/2012)
2012-03-13MINUTE ORDER: The Court ORDERS that Defendant HHS file with the Court for in camera review, no later than March 20, 2012, unredacted copies of the following HHS OIG documents: 1) page 9 of the file for investigation H-08-20505-3; 2) pages 126-27, 447, 450-51, 498-503, 543-44, 553, and 554-55 from the file for investigation H-10-00248-3; and 3) documents OIG AS-20-29, 31, 33, 36-48, 66, 74-76, 264, 276, 278-79, 324, and 427-635 found during OIG's additional search for files related to investigations H-08-20505-3 and H-10-00248-3. Signed by Judge James E. Boasberg on 3/13/2012. (lcjeb1) (Entered: 03/13/2012)
2012-03-14Set/Reset Deadlines: Defendant HHS shall file with the Court for in camera review, no later than 3/20/2012. (ad) (Entered: 03/14/2012)
2012-03-14MINUTE ORDER: As discussed as today's Status Conference, Defendants' 75 Motion to Dismiss or in the Alternative for Summary Judgment is DISMISSED WITHOUT PREJUDICE in light of Plaintiffs' filing of a 84 Third Amended Complaint. Signed by Judge James E. Boasberg on 3/14/2012. (lcjeb2) (Entered: 03/14/2012)
2012-03-14MINUTE ORDER: The Court ORDERS that if parties require a Scheduling Order regarding Count 34, they will separately request one by April 13, 2012. Signed by Judge James E. Boasberg on 3/14/2012. (lcjeb2) (Entered: 03/14/2012)
2012-03-14Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 3/14/2012. (If parties require a Scheduling Order regarding Count 34, they will separately request one by 4/13/2012). (Court Reporter Lisa Griffith) (ad) (Entered: 03/14/2012)
2012-03-1488NOTICE of Filing of Additional Exhibits by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO re 68 Memorandum in Opposition,,, 14 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit I - FDANews article, # 2 Exhibit J - WaPo - No Protection for Whistleblowers, # 3 Exhibit K - Grassley and Issa to OMB)(McClanahan, Kelly) (Entered: 03/15/2012)
2012-03-20MINUTE ORDER: The Court ORDERS that Defendant HHS file with the Court for in camera review, no later than noon on March 23, 2012, unredacted copies of the following HHS OIG documents: 1) pages 54-57 and 62-63 of the file for investigation H-08-20505-3; 2) pages 558-59 from the file for investigation H-10-00248-3; and 3) documents OIG AS-274, 378, 381-82, 390, 392-94, 705, 770, 784, and 806 found during OIG's additional search for files related to investigations H-08-20505-3 and H-10-00248-3. The Court further ORDERS that, at the same time, HHS file with the Court, also for in camera review, a declaration further explaining the non-public nature of the law enforcement techniques withheld under Exemption 7(E). Signed by Judge James E. Boasberg on 3/20/2012. (lcjeb1) (Entered: 03/20/2012)
2012-03-20Set/Reset Deadline: Defendant HHS file with the Court for in camera review, no later than noon on 3/23/2012, unredacted copies of the following HHS OIG documents: 1) pages 54-57 and 62-63 of the file for investigation H-08-20505-3; 2) pages 558-59 from the file for investigation H-10-00248-3; and 3) documents OIG AS-274, 378, 381-82, 390, 392-94, 705, 770, 784, and 806 found during OIG's additional search for files related to investigations H-08-20505-3 and H-10-00248-3. The Court further ORDERS that, at the same time, HHS file with the Court, also for in camera review, a declaration further explaining the non-public nature of the law enforcement techniques withheld under Exemption 7(E). (ad) (Entered: 03/20/2012)
2012-03-2889ORDER granting in part and denying in part 14 Plaintiffs' Motion for Partial Summary Judgment; granting in part and denying in part 18 Defendants' Motion for Partial Summary Judgment. The Court ORDERS that: 1) Counts 27 and 28 of Plaintiffs' Second Amended Complaint are DISMISSED; and 2) Defendant HHS OIG shall release additional information to Plaintiffs consistent with the Memorandum Opinion issued this day. Signed by Judge James E. Boasberg on 3/28/2012. (lcjeb1) (Entered: 03/28/2012)
2012-03-2890MEMORANDUM OPINION to 89 ORDER. Signed by Judge James E. Boasberg on 3/28/2012. (lcjeb1) (Entered: 03/28/2012)
2012-05-0991MOTION for Summary Judgment (Partial) by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Statement of Facts, # 2 Attachment A, # 3 Attachment B, # 4 Text of Proposed Order)(Borum, Marian) (Entered: 05/09/2012)
2012-05-1792MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment (Partial) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Kohn, Stephen) (Entered: 05/17/2012)
2012-05-17MINUTE ORDER granting 92 Plaintiffs' Unopposed Motion for Extension of Time to File an Opposition to Defendant's 91 Partial Motion for Summary Judgment. Plaintiffs' Opposition shall now be due June 27, 2012, and Defendant's Reply shall now be due July 9, 2012. Signed by Judge James E. Boasberg on 5/17/2012. (lcjeb2) (Entered: 05/17/2012)
2012-05-18Set/Reset Deadlines: Plaintiffs' Opposition to Defendant's 91 Partial Motion for Summary Judgment shall now be due 6/27/2012; Defendant's Reply shall now be due 7/09/2012. (ad) (Entered: 05/18/2012)
2012-05-2393MOTION for Order Regarding Scope of Search for Responsive Records by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Borum, Marian) (Entered: 05/23/2012)
2012-05-2494ERRATA by DEPARTMENT OF HEALTH AND HUMAN SERVICES 93 MOTION for Order Regarding Scope of Search for Responsive Records filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 05/24/2012)
2012-05-3095MOTION for Preliminary Injunction for Partial Expedited Processing by NATIONAL WHISTLEBLOWER CENTER (Attachments: # 1 Exhibit Exhibits 1-10, # 2 Exhibit Exhibits 11-19, # 3 Affidavit Exhibit 20 / Williams Affidavit, # 4 Exhibits 21-32)(Kohn, Stephen) (Entered: 05/30/2012)
2012-06-0196Consent MOTION for Extension of Time to File Response/Reply as to 95 MOTION for Preliminary Injunction for Partial Expedited Processing by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS (Borum, Marian) (Entered: 06/01/2012)
2012-06-01MINUTE ORDER granting 96 Defendant's Consent Motion for Extension of Time to Respond to Plaintiff's 95 Motion for Preliminary Injunction. The Court ORDERS that Defendant shall respond to Plaintiff's 95 Motion by June 13, 2012. Signed by Judge James E. Boasberg on 6/1/2012. (lcjeb2) (Entered: 06/01/2012)
2012-06-01Set/Reset Deadlines: Defendant shall respond to Plaintiff's 95 Motion for Preliminary Injunction by 6/13/2012. (ad) (Entered: 06/01/2012)
2012-06-0597NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL WHISTLEBLOWER CENTER (Attachments: # 1 Exhibit 1)(Kohn, Stephen) (Entered: 06/05/2012)
2012-06-0798NOTICE OF FILING REDACTED DOCUMENT to 97 NOTICE OF SUPPLEMENTAL AUTHORITY by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (The original PDF Document contained privacy information and was restricted pursuant to the E-Government Act.) (Attachments: # 1 Exhibit 1)(Kohn, Stephen) (Entered: 06/07/2012)
2012-06-0899Memorandum in opposition to re 93 MOTION for Order Regarding Scope of Search for Responsive Records filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Exhibit 1)(Kohn, Stephen) (Entered: 06/08/2012)
2012-06-08100NOTICE OF WITHDRAWAL OF APPEARANCE as to EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. Attorney Kelly Brian McClanahan terminated. (McClanahan, Kelly) (Entered: 06/08/2012)
2012-06-13101Memorandum in opposition to re 95 MOTION for Preliminary Injunction for Partial Expedited Processing filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 06/13/2012)
2012-06-13102REPLY to opposition to motion re 93 MOTION for Order Regarding Scope of Search for Responsive Records filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 06/13/2012)
2012-06-13103NOTICE of Filing of Exhibit by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS re 102 Reply to opposition to Motion, 101 Memorandum in Opposition, (Attachments: # 1 Declaration)(Borum, Marian) (Entered: 06/13/2012)
2012-06-15MINUTE ORDER: As discussed with both parties by phone, the Court ORDERS that a hearing on Plaintiffs' 95 Motion for Preliminary Injunction is hereby set for July 12, 2012, at 10:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 6/15/2012. (lcjeb2) (Entered: 06/15/2012)
2012-06-15Set/Reset Hearing: A Preliminary Injunction Hearing is set for 7/12/2012 at 10:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 06/15/2012)
2012-06-26104MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment (Partial) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Kohn, Stephen) (Entered: 06/26/2012)
2012-06-28MINUTE ORDER granting 104 Plaintiffs' Motion for Extension of Time to File an Opposition to Defendant's 91 Motion for Partial Summary Judgment. The Court ORDERS that Plaintiffs shall file their Opposition on or before July 5, 2012, and that Defendant's Reply shall now be due on or before July 16, 2012. Signed by Judge James E. Boasberg on 6/28/2012. (lcjeb2) (Entered: 06/28/2012)
2012-06-29Set/Reset Deadlines: Plaintiffs shall file their Opposition on or before 7/05/2012; Defendant's Reply shall now be due on or before 7/16/2012. (ad) (Entered: 06/29/2012)
2012-07-03105Unopposed MOTION for Extension of Time to File Response/Reply as to 91 MOTION for Summary Judgment (Partial) by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Kohn, Stephen) (Entered: 07/03/2012)
2012-07-05MINUTE ORDER granting 105 Plaintiffs' Motion for Extension of Time to File an Opposition to Defendant's 91 Motion for Partial Summary Judgment. The Court ORDERS that Plaintiffs shall file their Opposition on or before July 20, 2012, and that Defendant's Reply shall now be due on or before August 13, 2012. Signed by Judge James E. Boasberg on 7/5/2012. (lcjeb2) (Entered: 07/05/2012)
2012-07-06Set/Reset Deadlines: Plaintiffs shall file their Opposition on or before 7/20/2012; Defendant's Reply shall now be due on or before 8/13/2012. (ad) (Entered: 07/06/2012)
2012-07-10MINUTE ORDER: With parties' consent, the Court ORDERS that the Preliminary Injunction Hearing previously set for July 12, 2012, is hereby RESCHEDULED to July 23, 2012, at 2:00 p.m. In addition, the Court ORDERS that Plaintiffs shall file any Reply to Defendants' 10 Opposition to their 95 Motion for Preliminary Injunction on or before July 19, 2012. Signed by Judge James E. Boasberg on 7/10/2012. (lcjeb2) (Entered: 07/10/2012)
2012-07-11Set/Reset Deadlines/Hearings: Plaintiffs shall file any Reply to Defendants' 10 Opposition to their 95 Motion for Preliminary Injunction on or before 7/19/2012. The Preliminary Injunction Hearing set for 7/12/2012 at 10:30 AM is VACATED and RESCHEDULED for 7/23/2012 at 02:00 PM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 07/11/2012)
2012-07-19106REPLY to opposition to motion re 13 MOTION for Preliminary Injunction or, in the Alternative, for Expedited Partial Summary Judgment filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Kohn, Stephen) (Entered: 07/19/2012)
2012-07-20108Memorandum in opposition to re 91 MOTION for Summary Judgment (Partial) filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Smith Declaration, # 4 Czerska Declaration, # 5 Nicholas Declaration, # 6 Demian Declaration, # 7 Colapinto Declaration, # 8 Exhibit List, # 9 Exhibit 1, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Exhibit 20, # 29 Exhibit 21)(nmw, ) (Entered: 07/23/2012)
2012-07-20109Cross MOTION for Discovery by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (See Docket Entry 108 to view document). (nmw, ) (Entered: 07/23/2012)
2012-07-23Minute Entry for proceedings held before Judge James E. Boasberg: Preliminary Injunction held on 7/23/2012. Order forthcoming. A Status Conference is set for 9/27/2012 at 10:45 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) (Entered: 07/23/2012)
2012-07-23107ORDER granting in part and denying in part 95 Plaintiff's Motion for a Preliminary Injunction for Partial Expedited Processing. In addition, the Court ORDERS that a Status Conference is hereby set for September 27, 2012, at 10:45 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 7/23/2012. (lcjeb2) (Entered: 07/23/2012)
2012-07-24Set/Reset Deadlines: All logs or indices of responsive documents (i.e., the first category of documents) shall be processed and produced, along with a Vaughn index, on or before 8/15/2012; Up to 4,000 pages of documents in the remaining six categories shall be processed and produced, along with a Vaughn index, on or before 8/24/2012; Any remaining documents in those six categories shall be processed and produced, along with a Vaughn index, on or before 9/10/2012. (ad) (Entered: 07/24/2012)
2012-08-13110REPLY to opposition to motion re 91 MOTION for Summary Judgment (Partial) , 109 MOTION for Discovery filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 08/13/2012)
2012-08-13111Memorandum in opposition to re 109 MOTION for Discovery filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 08/13/2012)
2012-08-23112REPLY to opposition to motion re 109 MOTION for Discovery filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Exhibit Exh. 22)(Colapinto, David) (Entered: 08/23/2012)
2012-09-27Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/27/2012. (Court Reporter Lisa Griffith) (ad) (Entered: 09/27/2012)
2012-10-10113MOTION for Leave to File by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS (Borum, Marian) (Entered: 10/10/2012)
2012-10-15114MINUTE ORDER: Defendant shall produce documents withheld or redacted pursuant to FOIA Exemption 5 to the Court for in camera review by 10/26/2012. Signed by Judge James E. Boasberg on 10/15/12. (lcjeb4) (Entered: 10/15/2012)
2012-10-15Set/Reset Deadline: Defendant shall produce documents withheld or redacted pursuant to FOIA Exemption 5 to the Court for in camera review by 10/26/2012. (ad) (Entered: 10/15/2012)
2012-10-18115Unopposed MOTION for Extension of Time to File Response/Reply as to 113 MOTION for Leave to File by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Kohn, Stephen) (Entered: 10/18/2012)
2012-10-19MINUTE ORDER granting 115 Plaintiffs' Unopposed Motion for an Enlargement of Time to File an Opposition to Defendants' Motion to Seal. The Court ORDERS that Plaintiffs shall file their Opposition by October 30, 2012. Signed by Judge James E. Boasberg on 10/19/2012. (lcjeb2) (Entered: 10/19/2012)
2012-10-19Set/Reset Deadlines: Opposition due by 10/30/2012 (mpt, ) (Entered: 10/19/2012)
2012-10-31116Unopposed MOTION for Extension of Time to File Response/Reply as to 113 MOTION for Leave to File by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Kohn, Stephen) (Entered: 10/31/2012)
2012-10-31MINUTE ORDER granting 116 Plaintiffs' Unopposed Motion for an Enlargement of Time to File an Opposition to Defendants' Motion to Seal. The Court ORDERS that Plaintiffs shall file their Opposition by November 2, 2012. Signed by Judge James E. Boasberg on 10/31/2012. (lcjeb2) (Entered: 10/31/2012)
2012-11-01Set/Reset Deadlines: Opposition due by 11/2/2012 (mpt, ) (Entered: 11/01/2012)
2012-11-02117RESPONSE re 113 MOTION for Leave to File filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Kohn, Stephen) (Entered: 11/02/2012)
2012-11-09118ORDER: 91 Defendant's Motion for Partial Summary Judgment is GRANTED; Plaintiffs' 109 Cross-Motion for Discovery Pursuant to Rule 56(d) is DENIED; and a status hearing is scheduled for November 19, 2012, at 10:00 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 11/9/12. (lcjeb4) (Entered: 11/09/2012)
2012-11-09119MEMORANDUM OPINION to 118 Order. Signed by Judge James E. Boasberg on 11/9/12. (lcjeb4) (Entered: 11/09/2012)
2012-11-09Set/Reset Hearings: Status Hearing scheduled for 11/19/2012 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (tg, ) (Entered: 11/09/2012)
2012-11-13120REPLY to opposition to motion re 113 MOTION for Leave to File filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 11/13/2012)
2012-11-19MINUTE ORDER: As discussed at the Status Hearing today, the Court ORDERS that: (1) Plaintiffs may file a surreply regarding 113 Defendants' Motion to Place ECF 106-1 Under Seal by December 15, 2012; (2) the parties shall file a joint report regarding 93 Defendants' Motion for Order Regard Scope of Search for Responsive Records by January 14, 2013; and (3) a further Status Hearing is scheduled for February 19, 2013, at 9:30 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 11/19/2012. (lcjeb2) (Entered: 11/19/2012)
2012-11-19Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 11/19/2012. (Plaintiffs may file a surreply regarding 113 Defendants' Motion to Place ECF 106-1 Under Seal by 12/15/2012; the parties shall file a joint report regarding 93 Defendants' Motion for Order Regard Scope of Search for Responsive Records by 1/14/2013). A Further Status Conference is set for 2/19/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) (Entered: 11/19/2012)
2012-12-14121SURREPLY to re 113 MOTION for Leave to File filed by NATIONAL WHISTLEBLOWER CENTER. (Colapinto, David) (Entered: 12/14/2012)
2013-01-03122MEMORANDUM OPINION and ORDER denying 113 Defendant's Motion to Seal. Signed by Judge James E. Boasberg on 1/3/13. (lcjeb4) (Entered: 01/03/2013)
2013-01-14123STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 01/14/2013)
2013-02-19Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 2/19/2013. (Court Reporter Lisa Griffith) (ad) (Entered: 02/19/2013)
2013-02-22124STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS. (Borum, Marian) (Entered: 02/22/2013)
2013-03-01125NOTICE of Filing of Defendant's Position Statement by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN G. SEBELIUS re 124 Status Report (Borum, Marian) (Entered: 03/01/2013)
2013-03-01126Memorandum in opposition to re 93 MOTION for Order Regarding Scope of Search for Responsive Records filed by EWA CZERSKA, PAUL HARDY, NATIONAL WHISTLEBLOWER CENTER, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Text of Proposed Order)(Colapinto, David) (Entered: 03/01/2013)
2013-03-05MINUTE ORDER: As agreed by the parties in today's conference call from chambers, the Court ORDERS that Defendant's 93 Motion for Order Regarding Scope of Search for Responsive Records is GRANTED IN PART and DENIED IN PART. Defendant shall produce records as set forth in its Proposed Order (in ECF No. 125), provided that this shall not necessarily constitute complete production. After reviewing the records produced, Plaintiffs may renew their requests in more targeted fashion, and Defendant shall preserve all objections thereto. Signed by Judge James E. Boasberg on 3/5/2013. (lcjeb2) Modified on 3/8/2013 (ad). Modified on 3/8/2013 (ad). (Entered: 03/05/2013)
2013-05-15MINUTE ORDER: The Court ORDERS that the parties shall file a joint status report regarding any issues still outstanding by May 22, 2013. Signed by Judge James E. Boasberg on 5/15/2013. (lcjeb2) (Entered: 05/15/2013)
2013-05-16Set/Reset Deadline: Parties shall file a joint status report regarding any issues still outstanding by 5/22/2013. (ad) (Entered: 05/16/2013)
2013-05-22127STATUS REPORT Joint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 05/22/2013)
2013-05-22128ORDER: The Court ORDERS that, on or before May 31, 2013, Defendant Food and Drug Administration (FDA) shall begin its rolling production of the Category 1 records, defined in ECF No. 125 as all Center for Devices and Radiological Heath ("CDRH") records that FDA had gathered as of March 1, 2013 and was preparing to produce to the Office of Special Counsel ("OSC"). IT IS FURTHER ORDERED that, on or before July 3, 2013, FDA will provide Plaintiffs with a Vaughn Index addressing Plaintiffs' challenges to the previous production ofrecords as of February 28, 2013, from FDAs Office of the Chief Counsel ("OCC"), Office of Scientific Integrity ("OSI"), Office of the Executive Secretary ("Exec. Sec."), and CDRH, pursuant to ECF No. 124, Subsection B. Plaintiffs will respond with any remaining objections from OCC's and OSI's productions by July 18, 2013. In the event that all issues are resolved forthe records produced from OCC and OSI, the parties will file a joint motion to dismiss. In the event that any issues remain, the parties will move for summary judgment by September 16, 2013. IT IS FURTHER ORDERED that, on or before July 18, 2013, Plaintiffs shall provide to FDA a list of all challenged redactions and/or withholdings to all FDA records from the Exec. Sec. production (See Order for details). Signed by Judge James E. Boasberg on 5/22/2013. (ad) (Entered: 05/23/2013)
2013-05-23Set/Reset Deadlines: On or before 5/31/2013, Defendant Food and Drug Administration (FDA) shall begin its rolling production of the Category 1 records, defined in ECF No. 125 as all Center for Devices and Radiological Heath ("CDRH") records that FDA had gathered as of March 1, 2013 and was preparing to produce to the Office of Special Counsel ("OSC"); On or before 7/03/2013, FDA will provide Plaintiffs with a Vaughn Index addressing Plaintiffs' challenges to the previous production ofrecords as of February 28, 2013, from FDAs Office of the Chief Counsel ("OCC"), Office of Scientific Integrity ("OSI"), Office of the Executive Secretary ("Exec. Sec."), and CDRH, pursuant to ECF No. 124, Subsection B.; Plaintiffs will respond with any remaining objections from OCC's and OSI's productions by 7/18/2013; The parties will move for summary judgment by 9/16/2013; On or before 7/18/2013, Plaintiffs shall provide to FDA a list of all challenged redactions and/or withholdings to all FDA records from the Exec. Sec. production. (ad) (Entered: 05/23/2013)
2013-09-16129Joint MOTION to Dismiss by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Attachments: # 1 Text of Proposed Order)(Borum, Marian) (Entered: 09/16/2013)
2013-09-17MINUTE ORDER: The Court ORDERS that the Parties' Joint 129 Motion to Dismiss is hereby GRANTED and the claims arising from the production of records by the Food and Drug Administration's Office of the Chief Counsel, Office of Scientific Integrity, and Office of the Executive Secretary are dismissed. Signed by Judge James E. Boasberg on 9/17/13. (lcjeb1) (Entered: 09/17/2013)
2013-10-11MINUTE ORDER: The Court ORDERS that a Status Conference is set for October 24, 2013, at 11:00 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 10/11/13. (lcjeb1) (Entered: 10/11/2013)
2013-10-11Set/Reset Hearings: A Status Conference is set for 10/24/2013 at 11:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 10/11/2013)
2013-10-22130STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT. (Borum, Marian) (Entered: 10/22/2013)
2013-10-23MINUTE ORDER: In light of the parties' most recent 130 Joint Status Report, the Court ORDERS that the Status Hearing set for October 24, 2013, is hereby vacated. Signed by Judge James E. Boasberg on 10/23/13. (lcjeb1) (Entered: 10/23/2013)
2014-04-02131STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 04/02/2014)
2014-04-03MINUTE ORDER: The Court ORDERS that Plaintiffs shall respond with any remaining objections to the "Category 1" and "Category 2" records (defined in ECF Nos. 125 and 125 and 128 , respectively) included in the March 12, 2014, Vaughn index, and with any remaining objections to the Center for Devices and Radiological Health records produced on August 15 and 24, 2012, and contained in the June 4, 2013, Vaughn index, by April 30, 2014. In the event that all issues are resolved for all of the records produced by CDRH, the parties will file a joint motion to dismiss by May 14, 2014. If any issues remain, the parties will instead move for summary judgment by July 14, 2014. Signed by Judge James E. Boasberg on 4/3/14. (lcjeb1) (Entered: 04/03/2014)
2014-04-03Set/Reset Deadlines: Plaintiffs shall respond with any remaining objections to the "Category 1" and "Category 2" records (defined in ECF Nos. 125 and 125 and 128, respectively) included in the March 12, 2014, Vaughn index, and with any remaining objections to the Center for Devices and Radiological Health records produced on August 15 and 24, 2012, and contained in the June 4, 2013, Vaughn index, by 4/30/2014; The parties will file a joint motion to dismiss by 5/14/2014; the parties will instead move for summary judgment by 7/14/2014. (ad) (Entered: 04/03/2014)
2014-07-03132Joint MOTION for Extension of Time to Complete Briefing by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 07/03/2014)
2014-07-07MINUTE ORDER: The parties' 132 Joint Motion for Extension is GRANTED. The Court ORDERS that the parties shall file their Motions for Summary Judgment, if any, on or before October 14, 2014. Signed by Judge James E. Boasberg on 7/7/14. (lcjeb1) (Entered: 07/07/2014)
2014-07-07Set/Reset Deadline: The parties shall file their Motions for Summary Judgment, if any, on or before 10/14/2014. (ad) (Entered: 07/07/2014)
2014-09-24133Joint MOTION for Extension of Time to Complete Briefing by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 09/24/2014)
2014-09-24134ERRATA by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS 133 Joint MOTION for Extension of Time to Complete Briefing filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF PERSONNEL MANAGEMENT, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, DAVID FERRIERO, KATHLEEN SEBELIUS. (Attachments: # 1 Exhibit)(Borum, Marian) (Entered: 09/24/2014)
2014-09-25MINUTE ORDER: The Court ORDERS that the parties' 133 Joint Motion for Extension of Time is GRANTED with a slight modification. In the event no settlement has occurred, the parties shall file a joint proposed briefing schedule by December 1, 2014. Signed by Judge James E. Boasberg on 09/25/14. (lcjeb3) (Entered: 09/25/2014)
2014-09-25Set/Reset Deadline: The parties shall file a joint proposed briefing schedule by 12/01/2014. (ad) (Entered: 09/25/2014)
2014-11-20135MOTION for Hearing by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 11/20/2014)
2014-11-20MINUTE ORDER granting Defendant's 135 Motion for Status Conference. The Court ORDERS that all parties shall appear for a Status Conference on December 4, 2014, at 10:00 a.m. in Courtroom 19. Signed by Judge James E. Boasberg on 11/20/14. (lcjeb1) (Entered: 11/20/2014)
2014-11-20Set/Reset Hearing: A Status Conference is set for 12/04/2014 at 10:00 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 11/20/2014)
2014-11-25136Joint MOTION for Extension of Time to File Joint Proposed Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 11/25/2014)
2014-11-26MINUTE ORDER granting Joint 136 Motion for Extension of Time. The Court ORDERS that the parties shall file a Joint Proposed Briefing Schedule on or before December 15, 2014. Signed by Judge James E. Boasberg on 11/26/14. (lcjeb1) (Entered: 11/26/2014)
2014-11-26Set/Reset Deadline: The parties shall file a Joint Proposed Briefing Schedule on or before 12/15/2014. (ad) (Entered: 11/26/2014)
2014-12-04MINUTE ORDER: As agreed at today's status hearing, proceedings shall now move forward in a bifurcated fashion, with NWC on one track and the individual Plaintiffs on another. The Court, accordingly, ORDERS that the individual Plaintiffs and Defendants shall file a joint status report by January 20, 2015. The deadline of December 15, 2014, for NWC and Defendants shall remain in place. Signed by Judge James E. Boasberg on 12/4/14. (lcjeb1) (Entered: 12/04/2014)
2014-12-04Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 12/4/2014. The individual Plaintiffs and Defendants shall file a joint status report by 1/20/2015. (Court Reporter Lisa Griffith) (ad) (Entered: 12/04/2014)
2014-12-15137Joint MOTION to Dismiss (Partial) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 12/15/2014)
2014-12-16MINUTE ORDER: The Court ORDERS that: 1) NWC and FDA's 137 Joint Motion is GRANTED; 2) The case is DISMISSED WITH PREJUDICE as to NWC only; and 3) By January 30, 2015, the parties shall file a joint status report regarding attorney fees or NWC shall file a motion seeking such fees. Signed by Judge James E. Boasberg on 12/16/14. (lcjeb1) (Entered: 12/16/2014)
2014-12-16Set/Reset Deadline: By 1/30/2015, the parties shall file a joint status report regarding attorney fees or NWC shall file a motion seeking such fees. (kt) (Entered: 12/16/2014)
2015-01-16138STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 01/16/2015)
2015-01-28MINUTE ORDER: The Court has received the 138 Status Report and ORDERS that the individual Plaintiffs and Defendants shall file a further Joint Status Report on February 20, 2015, and every 30 days thereafter until settlement or further order of the Court. Signed by Judge James E. Boasberg on 1/28/15. (lcjeb1) (Entered: 01/28/2015)
2015-01-28Set/Reset Deadline: The individual Plaintiffs and Defendants shall file a further Joint Status Report on 2/20/2015, and every 30 days thereafter until settlement or further order of the Court. (ad) (Entered: 01/28/2015)
2015-01-29139STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 01/29/2015)
2015-01-30MINUTE ORDER: The Court has received the parties' Joint Status Report on attorney fees and ORDERS that they submit a further Report by March 2, 2015. Signed by Judge James E. Boasberg on 1/30/15. (lcjeb1) (Entered: 01/30/2015)
2015-01-30Set/Reset Deadline: The Parties shall submit a further status report by 3/2/2015. (ad) (Entered: 01/30/2015)
2015-02-19140STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 02/19/2015)
2015-02-27141STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 02/27/2015)
2015-02-27MINUTE ORDER: The Court has received NWC and Defendants' 141 Joint Status Report on attorney fees and ORDERS that they submit a further Report by March 31, 2015, and every 30 days thereafter until settlement or further Order of the Court. Signed by Judge James E. Boasberg on 2/27/15. (lcjeb1) (Entered: 02/27/2015)
2015-02-27Set/Reset Deadline: NWC and Defendants shall submit a further Report by 3/31/2015, and every 30 days thereafter until settlement or further Order of the Court. (ad) (Entered: 02/27/2015)
2015-03-23142STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 03/23/2015)
2015-03-31143STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 03/31/2015)
2015-04-22144STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 04/22/2015)
2015-04-30145STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 04/30/2015)
2015-05-22146STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 05/22/2015)
2015-05-31147STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 05/31/2015)
2015-06-01MINUTE ORDER: Given the parties' latest 147 status report, the Court ORDERS that they shall appear for a status hearing on June 10, 2015, at 10:30 a.m. Signed by Judge James E. Boasberg on 6/1/15. (lcjeb1) (Entered: 06/01/2015)
2015-06-01Set/Reset Hearing: A Status Conference is set for 6/10/2015, at 10:30 AM,in Courtroom 19, before Judge James E. Boasberg. (ad) (Entered: 06/01/2015)
2015-06-04MINUTE ORDER: The status conference previously set for June 10, 2015, at 10:30 a.m., is hereby VACATED and RESCHEDULED to June 10, 2015, at 11:30 a.m. Signed by Judge James E. Boasberg on 6/4/15. (lcjeb1) (Entered: 06/04/2015)
2015-06-04Set/Reset Hearings: The Status Conference set for 6/10/2015, at 10:30 AM, is hereby VACATED and RESCHEDULED for 6/10/2015, at 11:30 AM, in Courtroom 19, before Judge James E. Boasberg. (ad) (Entered: 06/04/2015)
2015-06-10MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that by June 17, 2015, Plaintiffs' counsel shall file a motion to withdraw from representation of the individuals only. Signed by Judge James E. Boasberg on 6/10/15. (lcjeb1) (Entered: 06/10/2015)
2015-06-10Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 6/10/2015. (By 6/17/2015, Plaintiffs' counsel shall file a motion to withdraw from representation of the individuals only). (Court Reporter Cathryn Jones) (ad) (Entered: 06/10/2015)
2015-06-12148MOTION to Withdraw as Attorney for Individual Plaintiffs Only by EWA M. CZERSKA, PAUL HARDY, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (Attachments: # 1 Text of Proposed Order)(Colapinto, David) (Entered: 06/12/2015)
2015-06-17149Joint MOTION to Dismiss by OFFICE OF PERSONNEL MANAGEMENT (Borum, Marian) (Entered: 06/17/2015)
2015-06-17MINUTE ORDER: The Court ORDERS that: 1) Plaintiff NWC and Defendants' Joint 149 Motion to Dismiss is GRANTED; and 2) Counts 23, 24, and 25 of the Third Amended Complaint 84 are dismissed without prejudice. Signed by Judge James E. Boasberg on 6/17/15. (lcjeb1) (Entered: 06/17/2015)
2015-06-18150NOTICE to the Court by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS re 148 MOTION to Withdraw as Attorney for Individual Plaintiffs Only (Borum, Marian) (Entered: 06/18/2015)
2015-06-21151STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 06/21/2015)
2015-06-29MINUTE ORDER: The Court ORDERS that the 148 Motion by counsel for the individual Plaintiffs to withdraw is GRANTED, and a status conference shall be held on July 9, 2015, at 10:00 a.m. for Defendants and the individual Plaintiffs only. Should the individual Plaintiffs not have new counsel by such time, they shall be required to appear pro se. Signed by Judge James E. Boasberg on 06/29/2015. (lcjeb3) (Entered: 06/29/2015)
2015-06-29Set/Reset Hearing: A Status Conference is set for 7/9/2015, at 10:00 AM, in Courtroom 19, before Judge James E. Boasberg. (ad) (Entered: 06/29/2015)
2015-06-30152STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 06/30/2015)
2015-07-08153Consent MOTION to Continue Status Conference by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 07/08/2015)
2015-07-08MINUTE ORDER granting Defendant's 153 Consent Motion to Continue the Status Conference. The Court ORDERS that the status conference scheduled for July 9, 2015, at 10:00 a.m. is hereby VACATED and RESCHEDULED for July 20, 2015, at 10:00 a.m. Signed by Judge James E. Boasberg on 07/08/15. (lcjeb2) (Entered: 07/08/2015)
2015-07-08Set/Reset Hearing: The Status Conference set for 7/09/2015, at 10:00 AM, is hereby VACATED and RESCHEDULED for 7/20/2015, at 10:00 AM, in Courtroom 19, before Judge James E. Boasberg. (ad) (Entered: 07/08/2015)
2015-07-08154MOTION to hold case in abeyance pending ongoing settlement negotiations by EWA M. CZERSKA, PAUL HARDY, JULIAN NICHOLAS, ROBERT SMITH, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (td) (Entered: 07/09/2015)
2015-07-09MINUTE ORDER: The Court ORDERS that the individual Plaintiffs' 154 Motion is GRANTED. The Court further ORDERS that the status hearing set for July 20, 2015, is VACATED; and the individual Plaintiffs and the Government shall file a joint status report on September 9, 2015, and every 30 days thereafter unless otherwise ordered by the Court. Signed by Judge James E. Boasberg on 07/09/15. (lcjeb2) (Entered: 07/09/2015)
2015-07-09Set/Reset Deadlines: The individual Plintiffs and the Government shall file a joint status report on 9/09/2015, and every 30 days thereafter unless otherwise ordered by the Court. (ad) (Entered: 07/09/2015)
2015-07-30155STATUS REPORT (Joint) by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 07/30/2015)
2015-08-31156STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 08/31/2015)
2015-09-09157STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 09/09/2015)
2015-09-30158STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 09/30/2015)
2015-10-09159STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 10/09/2015)
2015-10-30160Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 10/30/2015)
2015-11-09161STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 11/09/2015)
2015-11-30162Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 11/30/2015)
2015-12-09163STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 12/09/2015)
2015-12-23164NOTICE of Appearance by Morris Eli Fischer on behalf of EWA M. CZERSKA (Fischer, Morris) (Entered: 12/23/2015)
2015-12-23165NOTICE of Voluntary Dismissal re Ewa Czerska (Attachments: # 1 Text of Proposed Order)(Fischer, Morris) (Entered: 12/23/2015)
2015-12-30166Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 12/30/2015)
2016-01-08167STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 01/08/2016)
2016-01-29168Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 01/29/2016)
2016-02-08169STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 02/08/2016)
2016-02-12170STIPULATION of Settlement of Attorneys' Fees by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Borum, Marian) Modified text on 2/16/2016 (td). (Entered: 02/12/2016)
2016-02-19171ORDER DIMISSING action with prejudice as to Plaintiff NWC only. The Court FURTHER ORDERS that it shall retain jurisdiction over this action as to Plaintiff NWC for the limited purpose of enforcing the terms of the Stipulation of Settlement of Attorney Fees. Signed by Judge James E. Boasberg on 02/19/2016. (lcjeb2) (Entered: 02/19/2016)
2016-03-09172STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 03/09/2016)
2016-04-08173STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 04/08/2016)
2016-04-08MINUTE ORDER: The Court ORDERS that the parties appear for a status conference at 10:00 a.m. on April 22, 2016, in Courtroom 19. Signed by Judge James E. Boasberg on 4/8/16. (lcjeb3) (Entered: 04/08/2016)
2016-04-11Set/Reset Hearing: A Status Conference is set for 4/22/2016, at 10:00 AM, in Courtroom 19, before Judge James E. Boasberg. (ad) (Entered: 04/11/2016)
2016-04-21174STIPULATION of Dismissal by EWA M. CZERSKA. (Fischer, Morris) (Entered: 04/21/2016)
2016-04-22Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 4/22/2016. A Further Status Conference is set for 5/6/2016, at 10:00 AM, in Courtroom 19, before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) Modified on 4/22/2016 to correct the Judge's information (ad). (Entered: 04/22/2016)
2016-04-22MINUTE ORDER: The Court ORDERS that Defendants and Plaintiffs Julian Nicholas and Robert Smith shall appear for a status hearing on May 6, 2016, at 10:00 a.m. Any out-of-town Plaintiff may call chambers at 202-354-3300 to request permission to appear by telephone. The Court further ORDERS that by May 6, 2016, Plaintiffs Nancy Wersto, Paul Hardy, and Lakshmi Vishnuvajjala shall inform the Court what, if any, of their claims remain and whether the Court may terminate the case in regard to them. Failure to respond may lead to dismissal for want of prosecution. Signed by Judge James E. Boasberg on 04/22/2016. (lcjeb2) (Entered: 04/22/2016)
2016-04-22Set/Reset Deadline: By 5/06/2016, Plaintiffs Nancy Wersto, Paul Hardy, and Lakshmi Vishnuvajjala shall inform the Court what, if any, of their claims remain and whether the Court may terminate the case in regard to them. Failure to respond may lead to dismissal for want of prosecution. (ad) (Entered: 04/22/2016)
2016-04-27175STIPULATION of Dismissal by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 04/27/2016)
2016-04-28MINUTE ORDER: Per the parties' 175 Stipulation of Dismissal, the Court ORDERS that the claims of Plaintiff Robert Smith only are DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 04/28/2016. (lcjeb2) (Entered: 04/28/2016)
2016-05-06Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/6/2016. Paul Hardy appeared via telephone. The Court ORDERS that Plaintiff Julian Nicholas shall appear via telephone for the next Status Conference. A Further Status Conference is set for 5/20/2016, at 9:30 AM, in Courtroom 19, before Judge James E. Boasberg. (Court Reporter Lisa Griffith) (ad) (Entered: 05/06/2016)
2016-05-06MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that a further status hearing shall take place for Plaintiff Nicholas and the Government only on May 20, 2016, at 9:30 a.m. Plaintiff may appear by phone and should call chambers at 202-354-3300 to obtain details of how to call in. Signed by Judge James E. Boasberg on 05/06/2016. (lcjeb2) (Entered: 05/06/2016)
2016-05-09176Mail Returned as undeliverable; Sent to JULIAN NICHOLAS; Type of Document Returned: Copy of the Minute Order filed on 4/22/2016; No forwarding address. (ad) (Entered: 05/09/2016)
2016-05-09177STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 05/09/2016)
2016-05-12178Mail Returned as undeliverable; Sent to JULIAN NICHOLAS; Type of Document Returned: Minute Order entered on 4/28/16; No forwarding address. (ad) (Entered: 05/12/2016)
2016-05-12180STATUS REPORT by PAUL HARDY, JULIAN NICHOLAS, R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO. (td) (Entered: 05/16/2016)
2016-05-16179NOTICE to the Court by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS (Borum, Marian) (Entered: 05/16/2016)
2016-05-16MINUTE ORDER: A review of the Government's 179 Notice and the Orders referenced therein appears to demonstrate that Counts 6, 19, 20, and 29 were not dismissed by the Orders mentioned. In fact, the Notice indicates that those counts were resolved after "briefing and release of documents." As the Court is unable to determine conclusively from the Notice that responsive documents were fully released, it ORDERS that by May 27, 2016, the Government shall file a further Notice setting forth in more detail why it believes those four counts have been fully resolved. Signed by Judge James E. Boasberg on 05/16/2016. (lcjeb2) (Entered: 05/16/2016)
2016-05-16181ERRATA by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS 179 Notice (Other) filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF PERSONNEL MANAGEMENT, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, DAVID FERRIERO, KATHLEEN SEBELIUS. (Attachments: # 1 Exhibit, # 2 Exhibit)(Borum, Marian) (Entered: 05/16/2016)
2016-05-17Set/Reset Deadline: By 5/27/2016, the Government shall file a further Notice setting forth in more detail why it believes those four counts have been fully resolved. (ad) (Entered: 05/17/2016)
2016-05-20MINUTE ORDER: As agreed at today's status hearing, the Court ORDERS that the claims of Plaintiff Nicholas are DISMISSED WITH PREJUDICE. Signed by Judge James E. Boasberg on 05/20/2016. (lcjeb2) (Entered: 05/20/2016)
2016-05-20Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 5/20/2016. Julian Nicholas appeared via telephone. (Court Reporter Jeff Hook) (ad) (Entered: 05/20/2016)
2016-05-25182Mail Returned as undeliverable; Sent to JULIAN NICHOLAS; Type of Document Returned: Copy of the Minute Entry filed on 5/06/2016; No forwarding address. (ad) (Entered: 05/25/2016)
2016-05-27183NOTICE to the Court by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS re Set/Reset Deadlines (Borum, Marian) (Entered: 05/27/2016)
2016-05-27MINUTE ORDER: The Court ORDERS that if Plainitffs Hardy, Vishnuvajjala, or Wersto contest any of the representations set forth in the Government's 183 Notice, they shall file such objections by June 10, 2016. Failure to do so may result in dismissal for want of prosecution. Signed by Judge James E. Boasberg on 05/27/2016.(lcjeb2) (Entered: 05/27/2016)
2016-05-27Set/Reset Deadlines: Plaintiffs' objections, if any, to the Government's 183 Notice due by 6/10/2016. (tg) (Entered: 05/27/2016)
2016-06-01184Mail Returned as undeliverable; Sent to PAUL HARDY; Type of Document Returned: Minute Order filed on 4/28/2016; No forwarding address. (ad) (Entered: 06/01/2016)
2016-06-02185NOTICE to the Court by R. LAKSHMI VISHNUVAJJALA, NANCY WERSTO (td) (Entered: 06/06/2016)
2016-06-06186STIPULATION of Dismissal by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 06/06/2016)
2016-06-06MINUTE ORDER: Per the parties' 186 Stipulation of Dismissal as to Plaintiff Hardy, the Court ORDERS that the action is DISMISSED WITH PREJUDICE as to him only. Signed by Judge James E. Boasberg on 06/06/2016. (lcjeb2) (Entered: 06/06/2016)
2016-06-08MINUTE ORDER: The Court ORDERS that by June 16, 2016, the Government shall respond to Plaintiffs' 185 Notice regarding Plaintiff Vishnuvajjala only. Signed by Judge James E. Boasberg on 06/08/2016. (lcjeb2) (Entered: 06/08/2016)
2016-06-09Set/Reset Deadline: By 6/16/2016, the Government shall respond to Plaintiffs' 185 Notice regarding Plaintiff Vishnuvajjala only. (ad) (Entered: 06/09/2016)
2016-06-13187Mail Returned as undeliverable; Sent to JULIAN NICHOLAS; Type of Document Returned: Copy of the Minute Order filed on 5/16/2016; Resent at new address: 12227 Salvia Way San Diego, CA 92129. (ad) (Entered: 06/13/2016)
2016-06-14188RESPONSE re 185 Notice (Other) filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, DAVID FERRIERO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF PERSONNEL MANAGEMENT, KATHLEEN SEBELIUS. (Borum, Marian) (Entered: 06/14/2016)
2016-06-15189SUPPLEMENTAL Notice to the Court filed by NANCY WERSTO. (td) (Entered: 06/17/2016)
2016-07-06190ORDER: The Court ORDERS that judgment as to Plaintiffs Wersto and Vishnuvajjala is ENTERED in favor of Defendants. Signed by Judge James E. Boasberg on 7/6/16. (lcjeb2) (Entered: 07/06/2016)
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