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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02419
Date Filed2023-08-18
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted two FOIA requests to the National Institute of Health for records. The first request asked for records concerning grant applications received for the Faculty Institutional Recruitment for Sustainable Transformation program. The second FOIA request asked for records concerning written evaluations for the NIH Distinguished Scholars Program. The agency acknowledged receipt of both requests but after hearing nothing further from the agency concerning either request, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-181COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10287504) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Department of Health and Human Services, # 3 Summons U.S. Attorney General, # 4 Summons U.S. Attorney)(Nobile, T. Russell) (Entered: 08/18/2023)
2023-08-182LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Nobile, T. Russell) (Entered: 08/18/2023)
2023-08-23Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 08/23/2023)
2023-08-233STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 8/23/2023. (lctnm3) (Entered: 08/23/2023)
2023-08-234SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 08/23/2023)
2023-09-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/24/2023. ( Answer due for ALL FEDERAL DEFENDANTS by 9/23/2023.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/30/2023., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 8/31/2023 (Attachments: # 1 Affidavit of Paul Orfanedes)(Orfanedes, Paul) (Entered: 09/20/2023)
2023-09-216Consent MOTION for Extension of Time to Respond to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 09/21/2023)
2023-09-22MINUTE ORDER: Having considered Defendant's 6 Motion for Extension of Time to Respond to Complaint, the Court ORDERS that the motion is DENIED. Defendant is a United States agency, so it has 60 days to respond to the Complaint. Fed. R. Civ. P. 12(a)(2). Its response deadline is therefore October 23, 2023. If Defendant concludes closer to that time that an extension remains necessary, it is free to file a new motion for an extension at that time. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/22/2023. (lctnm3) (Entered: 09/22/2023)
2023-09-22Set/Reset Deadlines: Answer due by 10/23/2023. (hmc) (Entered: 09/22/2023)
2023-10-237ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Bardo, John) (Entered: 10/23/2023)
2023-10-23MINUTE ORDER: Before the Court are a Complaint and an Answer in this FOIA case. The Court ORDERS the parties to meet and confer and then to file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before November 20, 2023. Signed by Judge Trevor N. McFadden on 10/23/23. (lctnm3) (Entered: 10/23/2023)
2023-10-23Set/Reset Deadlines: Joint Status Report due by 11/20/2023. (hmc) (Entered: 10/23/2023)
2023-11-208JOINT STATUS REPORT by JUDICIAL WATCH, INC., U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (mg) (Entered: 11/21/2023)
2023-11-22MINUTE ORDER: Having considered the 8 Joint Status Report, the Court ORDERS the parties to submit another JSR on or before January 19, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/22/2023. (lctnm3) (Entered: 11/22/2023)
2023-12-14Case directly reassigned to Judge Loren L. AliKhan. Judge Trevor N. McFadden is no longer assigned to the case. (rj) (Entered: 12/14/2023)
2024-01-199Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 01/19/2024)
2024-01-22MINUTE ORDER: Upon consideration of the parties' joint status report 9 , it is hereby ORDERED that the parties shall file a joint status report on or before March 19, 2024. In their joint status report, the parties should update the court on whether their disagreement about the production rate persists and, if so, whether Plaintiff intends to seek relief from this court. Signed by Judge Loren L. AliKhan on 01/22/2024. (lclla3) (Entered: 01/22/2024)
2024-01-23Set/Reset Deadlines/Hearings: Joint Status Report due by 3/19/2024. (zcdw) (Entered: 01/23/2024)
2024-03-1910Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 03/19/2024)
2024-03-20MINUTE ORDER: Upon consideration of the parties' joint status report 10 , it is hereby ORDERED that the parties shall file a joint status report on or before April 18, 2024. Signed by Judge Loren L. AliKhan on 03/20/2024. (lclla3) (Entered: 03/20/2024)
2024-03-22Set/Reset Deadlines/Hearings: Joint Status Report due by 4/18/2024. (zcdw) (Entered: 03/22/2024)
2024-04-1811Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 04/18/2024)
2024-04-18MINUTE ORDER: Upon consideration of the parties' joint status report 11 , it is hereby ORDERED that the parties shall file a joint status report on or before June 3, 2024. Signed by Judge Loren L. AliKhan on 04/18/2024. (lclla3) (Entered: 04/18/2024)
2024-04-18Set/Reset Deadlines/Hearings: Joint Status Report due by 6/3/2024. (zcdw) (Entered: 04/18/2024)
2024-06-0312Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bardo, John) (Entered: 06/03/2024)
2024-06-03MINUTE ORDER: Upon consideration of the parties' joint status report 12 , it is hereby ORDERED that the parties shall file a joint status report on or before July 18, 2024. Signed by Judge Loren L. AliKhan on 06/03/2024. (lclla3) (Entered: 06/03/2024)
2024-06-04Set/Reset Deadlines/Hearings: Joint Status Report due by 7/18/2024. (zcdw) (Entered: 06/04/2024)
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