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Case TitleHARRINGTON v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv01895
Date Filed2020-07-14
Date ClosedOpen
JudgeJudge James E. Boasberg
PlaintiffKOHL HARRINGTON
Case DescriptionKohl Harrington, a documentary filmmaker, submitted eight FOIA requests to the FDA for records concerning an investigation of the effect of dog food on the health of dogs. Several of the requests asked for communications of specific officials. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Harrington filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
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
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-141COMPLAINT against FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7336221) filed by KOHL HARRINGTON. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-10, # 3 Exhibit 11-13, # 4 Civil Cover Sheet, # 5 Summons)(Wayne, Merrick) (Entered: 07/14/2020)
2020-07-142NOTICE of Appearance by Merrick Jason Wayne on behalf of KOHL HARRINGTON (Wayne, Merrick) (Entered: 07/14/2020)
2020-07-143NOTICE of Appearance by Matthew Topic on behalf of KOHL HARRINGTON (Topic, Matthew) (Entered: 07/14/2020)
2020-07-15Case Assigned to Judge James E. Boasberg. (adh, ) (Entered: 07/15/2020)
2020-07-154SUMMONS (4) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/15/2020)
2020-08-245NOTICE of Appearance by Robert Aaron Caplen on behalf of All Defendants (Caplen, Robert) (Entered: 08/24/2020)
2020-08-246ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1)(Caplen, Robert) (Entered: 08/24/2020)
2020-08-24MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by September 8, 2020. So ORDERED by Judge James E. Boasberg on 8/24/2020. (lcjeb1) (Entered: 08/24/2020)
2020-08-24Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 9/8/2020. (znbn) (Entered: 08/25/2020)
2020-09-047Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 09/04/2020)
2020-09-04MINUTE ORDER: The Court ADOPTS the parties' 7 Joint Status Report and ORDERS that they shall file a further joint status report by October 9, 2020. So ORDERED by Judge James E. Boasberg on 9/4/2020. (lcjeb1) (Entered: 09/04/2020)
2020-09-04Set/Reset Deadlines: Joint Status Report due by 10/9/2020. (znbn) (Entered: 09/08/2020)
2020-09-248RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 7/22/2020 (Wayne, Merrick) (Entered: 09/24/2020)
2020-09-249RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/22/2020 (Wayne, Merrick) (Entered: 09/24/2020)
2020-09-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/23/2020. (Wayne, Merrick) (Entered: 09/24/2020)
2020-09-2411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/23/2020. Answer due for ALL FEDERAL DEFENDANTS by 8/22/2020. (Wayne, Merrick) (Entered: 09/24/2020)
2020-10-0912Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 10/09/2020)
2020-10-09MINUTE ORDER: The Court ADOPTS the parties' 12 Joint Status Report and ORDERS that they shall file a further joint status report by October 23, 2020. So ORDERED by Judge James E. Boasberg on 10/9/2020. (lcjeb1) (Entered: 10/09/2020)
2020-10-09Set/Reset Deadlines: Joint Status Report due by 10/23/2020. (znbn) (Entered: 10/09/2020)
2020-10-2313Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 10/23/2020)
2020-10-23MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by November 12, 2020. So ORDERED by Judge James E. Boasberg on 10/23/2020. (lcjeb1) (Entered: 10/23/2020)
2020-10-23Set/Reset Deadlines: Joint Status Report due by 11/12/2020. (znbn) (Entered: 10/26/2020)
2020-11-1214Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 11/12/2020)
2020-11-12MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by December 14, 2020. So ORDERED by Judge James E. Boasberg on 11/12/2020. (lcjeb1) (Entered: 11/12/2020)
2020-11-12Set/Reset Deadlines: Joint Status Report due by 12/14/2020. (znbn) (Entered: 11/16/2020)
2020-12-1415Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 12/14/2020)
2020-12-14MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by January 14, 2021. So ORDERED by Judge James E. Boasberg on 12/14/2020. (lcjeb1) (Entered: 12/14/2020)
2020-12-14Set/Reset Deadlines: Joint Status Report due by 1/14/2021. (nbn) (Entered: 12/15/2020)
2021-01-1416Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 01/14/2021)
2021-01-15MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by February 12, 2021. So ORDERED by Judge James E. Boasberg on 1/15/2021. (lcjeb1) (Entered: 01/15/2021)
2021-01-15Set/Reset Deadlines: Joint Status Report due by 2/12/2021. (nbn) (Entered: 01/15/2021)
2021-02-1217Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 02/12/2021)
2021-02-12MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that they shall file a further joint status report by February 26, 2021. So ORDERED by Judge James E. Boasberg on 2/12/2021. (lcjeb1) (Entered: 02/12/2021)
2021-02-12Set/Reset Deadlines: Joint Status Report due by 2/26/2021. (znbn) (Entered: 02/12/2021)
2021-02-2618Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 02/26/2021)
2021-02-26MINUTE ORDER: The Court ORDERS that a telephonic status hearing is set for March 5, 2021, at 11 a.m. Chambers will contact the parties with access instructions. So ORDERED by Judge James E. Boasberg on 2/26/2021. (lcjeb1) (Entered: 02/26/2021)
2021-02-26Set/Reset Hearings: Status Conference set for 3/5/2021 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 03/01/2021)
2021-03-0319MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josh Loevy, Filing fee $ 100, receipt number ADCDC-8272514. Fee Status: Fee Paid. by KOHL HARRINGTON. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 03/03/2021)
2021-03-0320DECLARATION Corrected by KOHL HARRINGTON. (Topic, Matthew) (Entered: 03/03/2021)
2021-03-03MINUTE ORDER DENYING 19 Motion for Admission Pro Hac Vice of JOSH LOEVY without prejudice. Counsel's declaration must include a certification that he either has or has not been disciplined by any bar, and if he has been disciplined by any bar, the circumstances and details of the discipline. See LCvR 83.2(d). So ORDERED by Judge James E. Boasberg on 3/3/2021. (lcjeb1) (Entered: 03/03/2021)
2021-03-0321MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Josh Loevy, Fee Status: No Fee Paid. by KOHL HARRINGTON. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Topic, Matthew) (Entered: 03/03/2021)
2021-03-04MINUTE ORDER GRANTING 21 Motion for Admission Pro Hac Vice of JOSH LOEVY. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . So ORDERED by Judge James E. Boasberg on 3/4/2021. (lcjeb1) (Entered: 03/04/2021)
2021-03-05Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 3/5/2021. Order forthcoming. (Court Reporter Lisa Griffith) (nbn) (Entered: 03/05/2021)
2021-03-05MINUTE ORDER: As discussed in today's status hearing, the Court ORDERS that: 1) The parties shall submit another JSR by April 12, 2021; and 2) Such report shall, absent compelling reasons why it cannot be done, describe the number of documents responsive to requests 1-6 and propose a rate for their production, and it shall also describe efforts regarding requests 7-8. So ORDERED by Judge James E. Boasberg on 3/5/2021. (lcjeb1) (Entered: 03/05/2021)
2021-03-05Set/Reset Deadlines: Joint Status Report due by 4/12/2021. (nbn) (Entered: 03/05/2021)
2021-03-3022NOTICE of Appearance by Joshua Loevy on behalf of KOHL HARRINGTON (Loevy, Joshua) (Main Document 22 replaced on 4/1/2021) (znmw). (Entered: 03/30/2021)
2021-04-1223Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 04/12/2021)
2021-04-13MINUTE ORDER: The Court ADOPTS the parties' 23 Joint Status Report and ORDERS that they shall file a further joint status report by June 17, 2021. So ORDERED by Judge James E. Boasberg on 4/13/2021. (lcjeb1) (Entered: 04/13/2021)
2021-04-13Set/Reset Deadlines: Joint Status Report due by 6/17/2021. (znbn) (Entered: 04/14/2021)
2021-06-1724Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Caplen, Robert) (Entered: 06/17/2021)
2021-06-21MINUTE ORDER: The Court ORDERS that the parties shall submit a further Joint Status Report by September 17, 2021. So ORDERED by Judge James E. Boasberg on 6/21/2021. (lcjeb1) (Entered: 06/21/2021)
2021-06-21Set/Reset Deadlines: Joint Status Report due by 9/17/2021. (znbn) (Entered: 06/21/2021)
2021-06-2425NOTICE of Appearance by Kathleene A. Molen on behalf of All Defendants (Molen, Kathleene) (Entered: 06/24/2021)
2021-09-1726Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Molen, Kathleene) (Entered: 09/17/2021)
2021-09-20MINUTE ORDER: The Court ORDERS that a telephonic status hearing is set for September 28, 2021, at 11 a.m. Chambers will contact the parties with access instructions. So ORDERED by Judge James E. Boasberg on 9/20/2021. (lcjeb1) (Entered: 09/20/2021)
2021-09-20Set/Reset Hearings: Status Conference set for 9/28/2021 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/22/2021)
2021-09-27MINUTE ORDER: Given a conflict, the Court ORDERS that the status conference set for September 28, 2021, is VACATED and RESET for September 29, 2021, at 10:30 a.m. The Court apologizes for the late notice. So ORDERED by Judge James E. Boasberg on 9/27/2021. (lcjeb1) (Entered: 09/27/2021)
2021-09-28Set/Reset Hearings: Status Conference set for 9/29/2021 at 10:30 AM in Telephonic/VTC before Judge James E. Boasberg. (znbn) (Entered: 09/28/2021)
2021-09-29MINUTE ORDER: As discussed in today's telephonic status hearing, the Court ORDERS that by November 1, 2021, either Plaintiff shall file a motion for summary judgment regarding Counts IV and VI, or, if the parties make progress in resolving their dispute, they shall file a further joint status report. So ORDERED by Judge James E. Boasberg on 9/29/2021. (lcjeb1) (Entered: 09/29/2021)
2021-09-29Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 9/29/2021. Plaintiff shall file Summary Judgment motions or Joint Status Report by 11/1/2021. (Court Reporter Lisa Griffith) (znbn) (Entered: 09/29/2021)
2021-11-0127Partial MOTION for Summary Judgment by KOHL HARRINGTON. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Loevy, Joshua) (Entered: 11/01/2021)
2021-11-0228NOTICE OF SUBSTITUTION OF COUNSEL by Dedra Seibel Curteman on behalf of All Defendants Substituting for attorney Kathleene Molen (Curteman, Dedra) (Entered: 11/02/2021)
2021-11-0529Consent MOTION for Extension of Time to File Response/Reply as to 27 Partial MOTION for Summary Judgment by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/05/2021)
2021-11-05MINUTE ORDER GRANTING Consent 29 Motion for Extension of Time. The Court ORDERS that Defendants shall file their opposition on or before December 15, 2021. So ORDERED by Judge James E. Boasberg on 11/5/2021. (lcjeb1) (Entered: 11/05/2021)
2021-11-05Set/Reset Deadlines: Responses due by 12/15/2021. (znbn) (Entered: 11/08/2021)
2021-12-1530Consent MOTION for Extension of Time to Oppose Plaintiff's Motion for Summary Judgment by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/15/2021)
2021-12-15MINUTE ORDER GRANTING 30 Consent Motion for Extension of Time. The Court ORDERS that Defendants shall file their Opposition to Plaintiff's Motion for Summary Judgment on or before December 22, 2021. So ORDERED by Judge James E. Boasberg on 12/15/2021. (lcjeb1) (Entered: 12/15/2021)
2021-12-16Set/Reset Deadlines: Response to Motion for Summary Judgment due by 12/22/2021. (lsj) (Entered: 12/16/2021)
2021-12-2131Memorandum in opposition to re 27 Partial MOTION for Summary Judgment filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Exhibit 1 to Kotler Declaration, # 3 Declaration, # 4 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/21/2021)
2022-01-2032ORDER: The Court ORDERS that: (1) Plaintiff's 27 Motion for Partial Summary Judgment is DENIED; and (2) The parties shall appear via telephone for a status hearing on February 2, 2022, at 11:00 a.m. Signed by Judge James E. Boasberg on 1/20/2022. (lcjeb1) (Entered: 01/20/2022)
2022-01-2033MEMORANDUM OPINION re 32 Order on Motion for Partial Summary Judgment. Signed by Judge James E. Boasberg on 1/20/2022. (lcjeb1) (Entered: 01/20/2022)
2022-01-20Set/Reset Hearings: Status Conference set for 2/2/2022 at 11:00 AM in Telephonic/VTC before Judge James E. Boasberg. (nbn) (Entered: 01/20/2022)
2022-02-02MINUTE ORDER: As discussed in today's status conference, the Court ORDERS that the parties shall submit a joint status report by February 23, 2022. So ORDERED by Judge James E. Boasberg on 2/2/2022. (lcjeb1) (Entered: 02/02/2022)
2022-02-02Minute Entry for proceedings held before Judge James E. Boasberg: Telephonic Status Conference held on 2/2/2022. Joint Status Report due by 2/23/2022. (Court Reporter Lisa Griffith) (nbn) (Entered: 02/02/2022)
2022-02-2334Joint STATUS REPORT by KOHL HARRINGTON. (Topic, Matthew) (Entered: 02/23/2022)
2022-02-23MINUTE ORDER: The Court ADOPTS the parties' 34 Joint Status Report and ORDERS that they shall file a further joint status report by January 12, 2023. So ORDERED by Judge James E. Boasberg on 2/23/2022. (lcjeb1) (Entered: 02/23/2022)
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