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Case TitlePOSNER v.UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02961
Date Filed2020-10-15
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffSARAH POSNER
Case DescriptionSarah Posner, an investigative journalist, submitted eight FOIA requests to the Department Health and Human Services for records concerning interactions with outside organizations pertaining to the development of policies on religious freedom and awarding agency contract to religious organizations. The agency acknowledged receipt of the requests. Posner filed an administrative appeal for one of her requests. After hearing nothing further from the agency pertaining to any of her requests, Posner filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

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

2020-10-151COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7718278) filed by SARAH POSNER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons)(Nelson, Jennifer) (Entered: 10/15/2020)
2020-10-16Case Assigned to Judge Carl J. Nichols. (zsb) (Entered: 10/16/2020)
2020-10-192SUMMONS (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)(adh, ) (Entered: 10/19/2020)
2020-10-263RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/22/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/21/2020. (Nelson, Jennifer) (Entered: 10/26/2020)
2020-10-264RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/26/2020. (Nelson, Jennifer) (Entered: 10/26/2020)
2020-10-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/22/2020 (Nelson, Jennifer) (Entered: 10/26/2020)
2020-11-196MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan E. Seager, Filing fee $ 100, receipt number ADCDC-7858276. Fee Status: Fee Paid. by SARAH POSNER (Attachments: # 1 Declaration of Susan E. Seager, # 2 Text of Proposed Order)(Nelson, Jennifer) (Entered: 11/19/2020)
2020-11-23MINUTE ORDER. The Court having considered Plaintiff's 6 Motion For Admission Pro Hac Vice of Susan E. Seager, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Susan E. Seager is ADMITTED to practice before the Court pro hac vice . Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Carl J. Nichols on November 23, 2020. (lccjn1) (Entered: 11/23/2020)
2020-11-277ANSWER to Complaint by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Tilghman, Michael) (Entered: 11/27/2020)
2020-12-07MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. According to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before January 6, 2021. The Joint Status Report shall address: (1) the status of Plaintiffs FOIA request; (2) the anticipated number of documents responsive to Plaintiffs FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiffs requests and any discussions regarding whether Plaintiffs requests can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on December 7, 2020. (lccjn1) (Entered: 12/07/2020)
2020-12-07Set/Reset Deadlines: Joint Status Report due by 1/6/2021. (zkh) (Entered: 12/07/2020)
2021-01-068Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/06/2021)
2021-02-229Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 02/22/2021)
2021-03-2410Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/24/2021)
2021-05-1011Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 05/10/2021)
2021-06-01MINUTE ORDER. After review of the Parties' 11 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by June 24, 2021. Signed by Judge Carl J. Nichols on June 1, 2021. (lccjn1) (Entered: 06/01/2021)
2021-06-01Set/Reset Deadlines: Joint Status Report due by 6/24/2021. (zcal) (Entered: 06/01/2021)
2021-06-2112NOTICE OF SUBSTITUTION OF COUNSEL by Gabriel Rottman on behalf of SARAH POSNER Substituting for attorney Jennifer A. Nelson (Rottman, Gabriel) (Entered: 06/21/2021)
2021-06-2413Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/24/2021)
2021-08-0914Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/09/2021)
2021-08-20MINUTE ORDER. After review of the Parties' 14 Joint Status Report, it is hereby ORDERED that the Parties shall file an additional joint status report by September 23, 2021. Signed by Judge Carl J. Nichols on August 20, 2021. (lccjn1) (Entered: 08/20/2021)
2021-08-20Set/Reset Deadlines: Joint Status Report due by 9/23/2021. (zcal) (Entered: 08/23/2021)
2021-09-2315Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/23/2021)
2021-09-27MINUTE ORDER. Upon consideration of the Parties' 15 Joint Status Report, it is ORDERED the Parties file an additional joint status report on or before November 22, 2021, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on September 27, 2021. (lccjn1) (Entered: 09/27/2021)
2021-09-27Set/Reset Deadlines: Joint Status Report due by 11/22/2021. (zcal) (Entered: 09/28/2021)
2021-11-2216Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 11/22/2021)
2021-12-01MINUTE ORDER. Upon review of the 16 Joint Status Report, it is ORDERED that the Parties shall file, by January 21, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on December 1, 2021. (lccjn1) (Entered: 12/01/2021)
2022-01-2117Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 01/21/2022)
2022-01-25MINUTE ORDER. Upon review of the 17 Joint Status Report, it is ORDERED that the Parties shall file an additional joint status report by March 22, 2022, including a recommendation for further proceedings. Signed by Judge Carl J. Nichols on January 25, 2022. (lccjn1) (Entered: 01/25/2022)
2022-03-2218Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/22/2022)
2022-03-23MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is ORDERED that the Parties shall file, by June 20, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on March 23, 2022. (lccjn1) (Entered: 03/23/2022)
2022-06-1719NOTICE of Appearance by Stephen DeGenaro on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (DeGenaro, Stephen) (Entered: 06/17/2022)
2022-06-1720Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 06/17/2022)
2022-06-30MINUTE ORDER. Upon consideration of the 20 Joint Status Report, it is ORDERED that the Parties shall file, by September 20, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on June 30, 2022. (lccjn1) (Entered: 06/30/2022)
2022-06-30Set/Reset Deadlines: Joint Status Report due by 9/30/2022. (zcal) (Entered: 07/05/2022)
2022-07-0821NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Attorney Stephen DeGenaro terminated. (DeGenaro, Stephen) (Entered: 07/08/2022)
2022-09-0722NOTICE OF SUBSTITUTION OF COUNSEL by Marsha Wellknown Yee on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Michael A. Tilghman II (Yee, Marsha) (Entered: 09/07/2022)
2022-09-2023Joint STATUS REPORT by SARAH POSNER. (Rottman, Gabriel) (Entered: 09/20/2022)
2022-09-26MINUTE ORDER. Upon consideration of the 23 Joint Status Report, it is ORDERED that the parties shall file an additional joint status report by December 1, 2022, and every 60 days thereafter until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on September 26, 2022. (lccjn1) (Entered: 09/26/2022)
2022-09-2624NOTICE of Appearance by Lin Weeks on behalf of SARAH POSNER (Weeks, Lin) (Entered: 09/26/2022)
2022-09-26Set/Reset Deadlines: Joint Status Report due by 12/1/2022. (zcal) (Entered: 09/27/2022)
2022-12-0125Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 12/01/2022)
2023-01-3026Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 01/30/2023)
2023-03-2827Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 03/28/2023)
2023-05-2328Joint STATUS REPORT by SARAH POSNER. (Weeks, Lin) (Entered: 05/23/2023)
2023-07-2029Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 07/20/2023)
2023-09-1830Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Yee, Marsha) (Entered: 09/18/2023)
2023-11-1631Joint STATUS REPORT by SARAH POSNER. (Weeks, Lin) (Entered: 11/16/2023)
2024-01-1632Joint STATUS REPORT by SARAH POSNER. (Weeks, Lin) (Entered: 01/16/2024)
2024-02-1033NOTICE OF SUBSTITUTION OF COUNSEL by Diana Viggiano Valdivia on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Marsha Wellknown Yee (Valdivia, Diana) (Entered: 02/10/2024)
2024-03-1234NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Diana Valdivia (Stratton, Kimberly) (Entered: 03/12/2024)
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