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Case TitleBADER FAMILY FOUNDATION v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02117
Date Filed2022-07-19
Date Closed2023-01-31
JudgeJudge Amit P. Mehta
PlaintiffBADER FAMILY FOUNDATION
Case DescriptionThe Bader Family Foundation submitted a FOIA request to the FDA and the Department of Health and Human Services for records concerning communications from February 2022 to the present concerning guidance on gender-affirming care for young people. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Bader Family Foundation filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantFOOD AND DRUG ADMINISTRATION
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-191COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9380601) filed by BADER FAMILY FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for the U.S. Attorney, # 3 Summons for defendant HHS, # 4 Summons for defendant FDA, # 5 Summons for the Attorney General)(Bader, Hans) (Entered: 07/19/2022)
2022-07-19Case Assigned to Judge Amit P. Mehta. (zmh) (Entered: 07/19/2022)
2022-07-212SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmrl) (Entered: 07/21/2022)
2022-07-313RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/21/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 8/20/2022.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/27/2022. (Bader, Hans) (Entered: 07/31/2022)
2022-08-054NOTICE of Appearance by Anna Davis Walker on behalf of FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Walker, Anna) (Entered: 08/05/2022)
2022-08-195ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Walker, Anna) (Entered: 08/19/2022)
2022-08-196ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before September 2, 2022. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion to stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 8/19/2022. (lcapm1) (Entered: 08/19/2022)
2022-08-19Set/Reset Deadlines: Status Report due by 9/2/2022 (zjch, ) (Entered: 08/19/2022)
2022-09-027Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Walker, Anna) (Entered: 09/02/2022)
2022-09-06MINUTE ORDER. The parties shall file an additional Joint Status Report by November 1, 2022, and every 60 days thereafter, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/6/2022. (lcapm1) (Entered: 09/06/2022)
2022-11-018Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Walker, Anna) (Entered: 11/01/2022)
2022-11-03MINUTE ORDER. The parties shall file an additional Joint Status Report by December 23, 2022, which advises whether disputed issues remain and, if so, proposes a schedule for further proceedings. The court does not see the need to impose a deadline for the production of responsive records by Defendant HHS. Signed by Judge Amit P. Mehta on 11/3/2022. (lcapm1) (Entered: 11/03/2022)
2022-12-219NOTICE of Settlement and Motion to Stay (Joint) by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 12/21/2022)
2022-12-2110ERRATA Correcting Notice of Settlement and Motion to Stay and Proposed Order by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES re 9 Notice of Settlement. (Attachments: # 1 Text of Proposed Order)(Walker, Anna) (Entered: 12/21/2022)
2022-12-2112MOTION to Stay by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 9 to view document). (zed) (Entered: 12/23/2022)
2022-12-2211ORDER granting the Motion to Stay. This matter is stayed until February 3, 2023. The parties shall file a joint status report on or before that date, if a stipulation of dismissal is not filed on or before that date. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/22/2022. (lcapm1) (Entered: 12/22/2022)
2023-01-3113STIPULATION of Dismissal by FOOD AND DRUG ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Walker, Anna) (Entered: 01/31/2023)
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by FOIA Project Staff
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