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Case TitleCAMPAIGN FOR ACCOUNTABILITY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2018cv00466
Date Filed2018-02-27
Date Closed2019-11-06
JudgeJudge Christopher R. Cooper
PlaintiffCAMPAIGN FOR ACCOUNTABILITY
Case DescriptionThe Campaign for Accountability submitted two FOIA requests to the Department of Health and Human Services for records concerning contacts with organizations promoting the repeal of the Affordable Care Act. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Campaign for Accountability filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-02-271COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number 0090-5350710) filed by CAMPAIGN FOR ACCOUNTABILITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Summons HHS, # 5 Summons Liu, # 6 Summons Sessions)(Busen, Carey) (Entered: 02/27/2018)
2018-02-272NOTICE of Appearance by Carey S. Busen on behalf of CAMPAIGN FOR ACCOUNTABILITY (Busen, Carey) (Entered: 02/27/2018)
2018-02-273Corporate Disclosure Statement by CAMPAIGN FOR ACCOUNTABILITY. (Busen, Carey) (Entered: 02/27/2018)
2018-02-27Case Assigned to Judge Christopher R. Cooper. (zmd) (Entered: 03/02/2018)
2018-03-054SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 03/05/2018)
2018-03-205AFFIDAVIT OF SERVICE [HHS] by CAMPAIGN FOR ACCOUNTABILITY. (Busen, Carey) (Entered: 03/20/2018)
2018-03-206AFFIDAVIT OF SERVICE [Liu] by CAMPAIGN FOR ACCOUNTABILITY. (Busen, Carey) (Entered: 03/20/2018)
2018-03-207AFFIDAVIT OF SERVICE [Sessions] by CAMPAIGN FOR ACCOUNTABILITY. (Busen, Carey) (Entered: 03/20/2018)
2018-03-208MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nichole L. Sterling, :Firm- Baker Hostetler LLP, :Address- 45 Rockefeller Plaza, 14th Floor, New York, New York 10111. Phone No. - 212-589-4282. Fax No. - 212-589-4201 Filing fee $ 100, receipt number 0090-5382027. Fee Status: Fee Paid. by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Busen, Carey) (Entered: 03/20/2018)
2018-03-209MOTION for Leave to Appear Pro Hac Vice :Attorney Name- A. Mackenna White, :Firm- Baker Hostetler LLP, :Address- 45 Rockefeller Plaza, 14th Floor, New York, New York 10111. Phone No. - 212-847-2829. Fax No. - 212-589-4201 Filing fee $ 100, receipt number 0090-5382043. Fee Status: Fee Paid. by CAMPAIGN FOR ACCOUNTABILITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Busen, Carey) (Entered: 03/20/2018)
2018-03-2010RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/16/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 4/15/2018.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/16/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/16/2018. (See Docket Entries 5 , 6 and 7 to view documents). (znmw) (Entered: 03/21/2018)
2018-03-22MINUTE ORDER granting 8 and 9 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Christopher R. Cooper on 3/22/2018. (lccrc2) (Entered: 03/22/2018)
2018-04-1211NOTICE of Appearance by Jason Todd Cohen on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Cohen, Jason) (Entered: 04/12/2018)
2018-04-1612MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 04/16/2018)
2018-04-19MINUTE ORDER granting 12 Defendant's Motion for Extension of Time. Defendant's response to the complaint shall now be due by May 16, 2018. Signed by Judge Christopher R. Cooper on 4/19/2018. (lccrc2) (Entered: 04/19/2018)
2018-05-1613ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Cohen, Jason) (Entered: 05/16/2018)
2018-05-16MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. Since the requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure do not apply, it is hereby ORDERED that the parties shall confer and file a joint proposed schedule for briefing or disclosure by June 1, 2018. Signed by Judge Christopher R. Cooper on 5/16/2018. (lccrc2) (Entered: 05/16/2018)
2018-05-17Set/Reset Deadlines: Proposed Briefing Schedule due by 6/1/2018 (lsj) (Entered: 05/17/2018)
2018-05-2114NOTICE of Appearance by Kendall Eugene Wangsgard on behalf of CAMPAIGN FOR ACCOUNTABILITY (Wangsgard, Kendall) (Entered: 05/21/2018)
2018-06-0115RESPONSE TO ORDER OF THE COURT re Order, for Joint Proposed Schedule for Disclosure filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Cohen, Jason) (Entered: 06/01/2018)
2018-06-04MINUTE ORDER: In light of 15 the parties' joint proposed schedule, it is hereby ordered that production in this case proceed as follows. Defendant will review and produce 1,000 pages per month, with monthly productions beginning July 1, 2018. The parties shall file a joint status report on the second Friday of each month, commencing July 13, 2018. Signed by Judge Christopher R. Cooper on 6/4/2018. (lccrc2) (Entered: 06/04/2018)
2018-06-04Set/Reset Deadlines: Joint Status Report due by 7/13/2018 (lsj) (Entered: 06/04/2018)
2018-07-1316Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 07/13/2018)
2018-07-30Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 8/13/2018. (znbn) (Entered: 07/30/2018)
2018-08-1317Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 08/13/2018)
2018-09-1418Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 09/14/2018)
2018-10-1219Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 10/12/2018)
2018-11-0920Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 11/09/2018)
2018-12-1421Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 12/14/2018)
2019-01-1022MOTION to Stay by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Coles-Huff, Doris) (Entered: 01/10/2019)
2019-01-10MINUTE ORDER granting 22 Defendant's Motion to Stay. All deadlines in the case shall be stayed pending renewed funding. Signed by Judge Christopher R. Cooper on 1/10/2019. (lccrc2) (Entered: 01/10/2019)
2019-01-2923NOTICE of Restored Government Funding by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Cohen, Jason) (Entered: 01/29/2019)
2019-02-01MINUTE ORDER: In light of 23 Notice of Restored Government Funding, the stay in this case is lifted. The parties shall file a joint status report on or before February 8, 2019, which shall include a proposed schedule for future proceedings. Signed by Judge Christopher R. Cooper on 2/1/2019. (lccrc2) (Entered: 02/01/2019)
2019-02-01Set/Reset Deadlines: Joint Status Report and Proposed Briefing Schedule due by 2/8/2019 (lsj) (Entered: 02/01/2019)
2019-02-0824Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 02/08/2019)
2019-02-08MINUTE ORDER: In light of 24 the parties' joint status report, HHS shall continue reviewing 1,000 potentially responsive pages per month and make monthly productions. In addition, the parties shall continue providing joint status reports on the second Friday of each month, beginning March 8, 2019. Signed by Judge Christopher R. Cooper on 2/8/2019. (lccrc2) (Entered: 02/08/2019)
2019-03-0825Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 03/08/2019)
2019-04-1126Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 04/11/2019)
2019-05-1027Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 05/10/2019)
2019-06-1428Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 06/14/2019)
2019-06-1729NOTICE OF WITHDRAWAL OF APPEARANCE as to CAMPAIGN FOR ACCOUNTABILITY. Attorney A. Mackenna White terminated. (Busen, Carey) (Entered: 06/17/2019)
2019-07-1230Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 07/12/2019)
2019-07-16MINUTE ORDER: The parties shall file an updated joint status report, to include a proposed briefing schedule should one be necessary, on or before September 23, 2019. The parties are strongly encouraged to use this extension to narrow the issues in dispute to the greatest extent possible. Signed by Judge Christopher R. Cooper on 7/16/2019. (lccrc2) (Entered: 07/16/2019)
2019-07-16Set/Reset Deadlines: Joint Status Report due by 9/23/2019 (lsj) (Entered: 07/16/2019)
2019-09-2231Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Cohen, Jason) (Entered: 09/22/2019)
2019-09-24MINUTE ORDER: Production having been completed, Defendant shall provide Plaintiff a Vaughn index on or before October 11, 2019. The following briefing deadlines shall apply: Plaintiff shall file any motion for summary judgment by November 15, 2019; Defendant shall file its cross-motion and opposition by December 13, 2019; Plaintiff shall file its reply and opposition to the cross motion by January 3, 2020; and Defendant shall file its final reply by January 10, 2020. Signed by Judge Christopher R. Cooper on 9/24/19. (lccrc2) (Entered: 09/24/2019)
2019-09-25Set/Reset Deadlines: Vaughn Index due by 10/11/2019. Summary Judgment motions due by 11/15/2019. Response to Motion for Summary Judgment due by 12/13/2019. Reply to Motion for Summary Judgment due by 1/3/2020. Replies due by 1/10/2020. (lsj) (Entered: 09/25/2019)
2019-11-0632STIPULATION of Dismissal by CAMPAIGN FOR ACCOUNTABILITY. (Busen, Carey) (Entered: 11/06/2019)
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