Pro Publica, Inc. v. United States Department of Health & Human Services

Filing 56

ORDER granting 55 Letter Motion to Stay re: 55 JOINT LETTER MOTION to Stay by Thirty Days addressed to Judge Lorna G. Schofield from AUSA Ellen Blain dated January 17, 2023. Application GRANTED. Production shall remain STAYE D, and HHS will resume production at the prior pace of at least 1,000 pages per month in March 2023. The parties shall file a joint status letter on January 26, 2023, and every Thursday thereafter until otherwise directed. No further extensions will be granted absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/18/2023) (ate)

Case 1:20-cv-04092-LGS Document 56 Filed 01/18/23 Page 1 of 1
U.S. Department of Justice
United States Attorney
Southern District of New York
86 Chambers Street
New York, New York 10007

January 17, 2023
BY ECF
The Honorable Lorna G. Schofield
United States District Judge
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007
Re:

Pro Publica, Inc. v. U.S. Dept. of Health & Human Servs., 20 Civ. 4092 (LGS)

Dear Judge Schofield:
I write respectfully on behalf of both parties in the above-referenced FOIA matter to request
that the Court extend its August 24, 2022, Order (Dkt. No. 50) staying its September 11, 2020,
Order regarding document processing, for a period of thirty days, from January 17, 2023, to
February 16, 2023, to permit the parties to continue to explore settlement.
On September 11, 2020, the Court ordered defendant the United States Department of
Health & Human Services (“HHS”) to “process and produce responsive non-exempt documents at
a rate of at least 1,000 pages per month.” Dkt. No. 24. Accordingly, HHS has been processing
and producing such documents each month and has completed twenty-four productions.
Thereafter, the parties began conferring about ways to potentially resolve this matter without
further Court intervention, and on August 24, 2022, the Court granted the parties’ joint application
to stay production. (Dkt. No. 50.) The parties have been diligently pursing settlement discussions
since that date. In order to permit the parties time to continue to explore and finalize potential
settlement parameters, and to conserve party and Court resources, the parties respectfully request
that the Court’s August 24, 2022, Order be extended for a period of thirty days, to February 16,
2023, on which date the parties will provide a status update.
We thank the Court for its consideration of this request.
Application GRANTED. Production shall remain
Respectfully,
STAYED, and HHS will resume production at the prior
pace of at least 1,000 pages per month in March 2023.
DAMIAN WILLIAMS
The parties shall file a joint status letter on January 26,
United States Attorney
2023, and every Thursday thereafter until otherwise
directed. No further extensions will be granted absent
By:
/s/ Ellen Blain
compelling circumstances.
ELLEN BLAIN
Assistant United States Attorney
Dated: January 18, 2023
86 Chambers Street, 3rd Floor
New York, New York
New York, NY 10007
[phone]/ [e-mail]
cc: Paul Safier, Esq., Counsel for Plaintiff