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Case TitleNATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01289
Date Filed2020-05-15
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffNATIONAL PUBLIC RADIO, INC.
PlaintiffTIM MAK
Case DescriptionNational Public Radio reporter Tim Mak submitted three FOIA requests to the Department of Health and Human Services for records concerning communications between various senior officials and a list of individuals pertaining to the corona virus pandemic. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Mak and NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-151COMPLAINT against UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7128054) filed by NATIONAL PUBLIC RADIO, INC., TIM MAK. (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 Summons to U.S. Attorney, # 11 Summons to Dept. of Health & Human Servs., # 12 Summons to Dept. of Justice, # 13 Civil Cover Sheet)(Kelley, Matthew) (Entered: 05/15/2020)
2020-05-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL PUBLIC RADIO, INC. (Kelley, Matthew) (Entered: 05/15/2020)
2020-05-153ERRATA Civil Cover Sheet by TIM MAK, NATIONAL PUBLIC RADIO, INC. 1 Complaint,, filed by TIM MAK, NATIONAL PUBLIC RADIO, INC.. (Kelley, Matthew) (Entered: 05/15/2020)
2020-05-18Case Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 05/18/2020)
2020-05-184SUMMONS (3) Issued Electronically as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 05/18/2020)
2020-06-155NOTICE of Appearance by Lindsay Pickell on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Pickell, Lindsay) (Entered: 06/15/2020)
2020-06-176ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Pickell, Lindsay) (Entered: 06/17/2020)
2020-07-03MINUTE ORDER. In light of the ongoing COVID-19 pandemic, and the associated difficulties that it is causing in workplaces, this Court is extending the standard period of time that it affords parties to submit a joint proposed schedule for disclosure or briefing motions for summary judgment following submission of an answer in a FOIA case. Accordingly, it is hereby ORDERED that, on or before 7/31/2020, the parties shall confer and submit a proposed schedule for disclosure or briefing. Signed by Judge Ketanji Brown Jackson on 7/3/2020. (jag) (Entered: 07/03/2020)
2020-07-237NOTICE of Appearance by Cormac A. Early on behalf of All Defendants (Early, Cormac) (Main Document 7 replaced on 7/23/2020) (zjf). (Entered: 07/23/2020)
2020-07-318RESPONSE TO ORDER OF THE COURT re Order,,, Set Deadlines,, Joint Response of the Parties filed by TIM MAK, NATIONAL PUBLIC RADIO, INC.. (Attachments: # 1 Text of Proposed Order)(Kelley, Matthew) (Entered: 07/31/2020)
2020-08-05MINUTE ORDER. In light of the representations in the parties' 8 Joint Status Report, it is hereby ORDERED that, on or before 8/7/2020, the parties shall file a further joint status report, which shall include an update on the parties' progress toward narrowing and prioritizing the records that are responsive to Plaintiff's FOIA requests, and the parties' respective positions on the appropriate production rates. Signed by Judge Ketanji Brown Jackson on 08/05/2020. (lckbj2) (Entered: 08/05/2020)
2020-08-079Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 08/07/2020)
2020-09-0810Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 09/08/2020)
2021-05-05MINUTE ORDER. It is hereby ORDERED that, on or before 5/19/2021, the parties shall file a joint status report, which shall include a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 5/5/2021. (jag) (Entered: 05/05/2021)
2021-05-1911Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 05/19/2021)
2021-06-09MINUTE ORDER. In light of the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 8/6/2021, the parties shall file further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 6/9/2021. (jag) (Entered: 06/09/2021)
2021-06-22Judge Ketanji Brown Jackson has been elevated to serve on the U.S. Court of Appeals for the D.C. Circuit. She is therefore no longer assigned to this case, and this matter has been reassigned to the Calendar Committee, which will oversee it until it is assigned to another district judge. Any questions should be directed to Judge Jackson's former deputy clerk, Gwendolyn Franklin, at 202-354-3145 or gwen_franklin@dcd.uscourts.gov. (rj) (Entered: 06/22/2021)
2021-08-0212Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 08/02/2021)
2021-08-18MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 12 Joint Status Report, the parties to file, by September 7, 2021, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on August 18, 2021. (lcbah3) (Entered: 08/18/2021)
2021-08-25Set/Reset Deadlines: Joint Status Report due by 9/7/2021. (zgdf) (Entered: 08/25/2021)
2021-09-0713Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 09/07/2021)
2021-09-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 13 Joint Status Report, the parties to file, by October 7, 2021, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on September 8, 2021. (lcbah3) (Entered: 09/08/2021)
2021-09-09Set/Reset Deadlines: Joint Status Report due by 10/7/2021. (zgdf) (Entered: 09/09/2021)
2021-10-0714Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 10/07/2021)
2021-10-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 14 Joint Status Report, the parties to file, by November 5, 2021, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on October 8, 2021. (lcbah3) (Entered: 10/08/2021)
2021-10-08Set/Reset Deadlines: Joint Status Report due by 11/5/2021. (zacr) (Entered: 10/12/2021)
2021-11-0515Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 11/05/2021)
2021-11-08MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 15 Joint Status Report, the parties to file, by December 7, 2021, a joint status report advising the Court whether any disputes remain between the parties, and if so, proposing a schedule for further proceedings. Signed by Chief Judge Beryl A. Howell on November 8, 2021. (lcbah3) (Entered: 11/08/2021)
2021-11-09Set/Reset Deadlines: Joint Status Report due by 12/7/2021. (zgdf) (Entered: 11/09/2021)
2021-11-15Case directly reassigned to Judge Jia M. Cobb. Judge Ketanji Brown Jackson has been appointed to the D.C. Circuit and is no longer assigned to the case. (rj) (Entered: 11/15/2021)
2021-12-0716Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 12/07/2021)
2021-12-10MINUTE ORDER re 16 Joint Status Report: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by January 10, 2022. Signed by Judge Jia M. Cobb on December 10, 2021. (lcjmc1) (Entered: 12/10/2021)
2022-01-1017Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 01/10/2022)
2022-01-10MINUTE ORDER re 17 Joint Status Report: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by February 7, 2022. Signed by Judge Jia M. Cobb on January 10, 2022. (lcjmc3) (Entered: 01/10/2022)
2022-02-0718Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 02/07/2022)
2022-02-08MINUTE ORDER re 18 Joint Status Report: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by March 8, 2022. Signed by Judge Jia M. Cobb on February 8, 2022. (lcjmc3) (Entered: 02/08/2022)
2022-03-0819Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 03/08/2022)
2022-03-08MINUTE ORDER re 19 Joint Status Report: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by April 11, 2022. Signed by Judge Jia M. Cobb on March 8, 2022. (lcjmc3) (Entered: 03/08/2022)
2022-04-1120Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 04/11/2022)
2022-04-12MINUTE ORDER re 20 Joint Status Report by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES: The Court has reviewed the Joint Status Report and directs the Parties to file another joint status report by May 31, 2022. Signed by Judge Jia M. Cobb on April 12, 2022. (lcjmc3) (Entered: 04/12/2022)
2022-05-3121Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 05/31/2022)
2022-06-01MINUTE ORDER re 21 Joint Status Report by Defendants: The Court has reviewed the Joint Status Report and directs the Parties to file another Joint Status Report by June 24, 2022. It is further ORDERED that the Parties shall file status reports every 90 days thereafter until further order of the Court. Signed by Judge Jia M. Cobb on June 1, 2022. (lcjmc3) (Entered: 06/01/2022)
2022-06-2422Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Early, Cormac) (Entered: 06/24/2022)
2022-08-1223NOTICE OF SUBSTITUTION OF COUNSEL by Johnny Hillary Walker, III on behalf of All Defendants Substituting for attorney Cormac Early (Walker, Johnny) (Entered: 08/12/2022)
2022-09-2224Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Walker, Johnny) (Entered: 09/22/2022)
2022-09-23MINUTE ORDER re 24 Joint Status Report: The Court has reviewed the Joint Status Report. Per the recommendation of the Parties, the Court directs the Parties to file another joint status report on or before October 28, 2022. Signed by Judge Jia M. Cobb on 9/23/2022. (lcjmc3) (Entered: 09/23/2022)
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