DOJ - New York COVID-19 Nursing Home Response Inquiry

Erin Marie Miller filed this request with the Department of Justice, Civil Rights Division of the United States of America.

It is a clone of this request.

Tracking #

21-00307-F

Due Dec. 7, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: Erin Marie Miller

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

- All documents, data, and records provided to the Department of Justice by Gov. Andrew Cuomo's office and the New York Department of Health and Human Services in response to the Department of Justice, Civil Rights Division's request for information related to the State of New York's policies related to nursing homes / long-term care facilities during the COVID-19 pandemic. Please see the attached letter to Gov. Cuomo from Assistant Attorney General Eric Dreiband, dated Aug. 26, 2020, for reference.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work has been regularly published by print and digital news outlets and magazines in Michigan and in other states. You can view my portfolio at www.erinmariemiller.com/journalism.

Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest.

Because this request is being made as part of a news-gathering effort with a high likelihood of publication, I request a waiver of all fees.
 If a fee waiver is not granted, I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning work on the request.

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Erin Marie Miller

From: Department of Justice, Civil Rights Division

Dear Ms. Miller

This is to inform you that your request for records was received by the Civil Rights Division of the U.S. Department of Justice. Attached is your acknowledgement letter regarding your Freedom of Information request.

Thank You,

FOI/PA Unit
U.S. Department of Justice
Civil Rights Division
CRT.FOIArequests@usdoj.gov<mailto:CRT.FOIArequests@usdoj.gov>

From: Department of Justice, Civil Rights Division

Ms. Miller,

We apologize for the delay in responding to your request. Please be assured that this office will respond to you and provide you access to the records to which you are legally entitled to receive as promptly as possible. Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be some delay in the processing of your request.

The Division received approximately 293 FOIA requests prior to your request. In an effort to be fair to the requesters that filed prior to your request, the Division is responding to these in the approximate order of receipt. Various factors impact the turnaround time such as complexity, the volume of the responsive records, the need to consult with attorneys involved in particular matter.

Thank You,

FOI/PA Unit
Civil Rights Division
U.S. Department of Justice
CRT.FOIArequests@usdoj.gov<mailto:CRT.FOIArequests@crt.usdoj.gov>

From: Department of Justice, Civil Rights Division

Ms. Miller,

We apologize for the delay in responding to your request. Please be assured that this office will respond to you and provide you access to the records to which you are legally entitled to receive as promptly as possible. Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be some delay in the processing of your request.

The Division received approximately 285 FOIA requests prior to your request. In an effort to be fair to the requesters that filed prior to your request, the Division is responding to these in the approximate order of receipt. Various factors impact the turnaround time such as complexity, the volume of the responsive records, the need to consult with attorneys involved in particular matter.

Thank You,

FOI/PA Unit
Civil Rights Division
U.S. Department of Justice
CRT.FOIArequests@usdoj.gov<mailto:CRT.FOIArequests@crt.usdoj.gov>

From: Department of Justice, Civil Rights Division

Ms. Miller,

We apologize for the delay in responding to your request. Please be assured that this office will respond to you and provide you access to the records to which you are legally entitled to receive as promptly as possible. Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be some delay in the processing of your request.

The Division received approximately 278 FOIA requests prior to your request. In an effort to be fair to the requesters that filed prior to your request, the Division is responding to these in the approximate order of receipt. Various factors impact the turnaround time such as complexity, the volume of the responsive records, the need to consult with attorneys involved in particular matter.

Thank You,

FOI/PA Unit
Civil Rights Division
U.S. Department of Justice
CRT.FOIArequests@usdoj.gov<mailto:CRT.FOIArequests@crt.usdoj.gov>

From: Department of Justice, Civil Rights Division

Dear Ms. Miller:

This is in further response to your below September 26, 2021, Freedom of Information Act request. As I'm sure you are aware, the Civil Rights Division receives hundreds of FOIA requests, some seeking as many as 250,000 pages of records that must be carefully reviewed. We have found, after the passage of a significant amount of time, that some requesters are no longer interested in receiving the records. If you would still like to receive information pertaining to your request, please contact this office to indicate your continued interest.

FOI/PA Unit
Civil Rights Division
Email: CRT.FOIArequests@usdoj.gov<mailto:CRT.FOIArequests@usdoj.gov>

Request Details Report

Request Information:
Request # : 21-00307-F
Action Office : FOIA STAFF
Requested Date : 9/26/2021

Requester Name : Miller, Erin

Description of the Request : Information pertaining to all documents, data, and records provided to the Department of Justice by Gov. Andrew Cuomo's office and the New York Department of Health and Human Services in response to the Department of Justice, Civil Rights Division's request for information related to the State of New York's policies related to nursing homes / long-term care facilities during the COVID-19 pandemic

From: Erin Marie Miller

To Whom It May Concern:

In response to your email, yes, I am still interested in receiving the documents I requested from your office. I am stunned by the length of time it has taken your office to produce the requested documents, and I request that you produce them immediately. The requested documents in question were created over four years ago, and my FOIA request was submitted almost three years ago. This is unacceptable and violates the spirit of the FOIA in immensely disappointing ways.

To prevent any further confusion on your end, here are the details of my request, which I expect will be completed as soon as possible in compliance with the FOIA:

FOI/PA Unit
Civil Rights Division
Email: CRT.FOIArequests@usdoj.gov<mailto:CRT.FOIArequests@usdoj.gov>

Request Details Report

Request Information:
Request # : 21-00307-F
Action Office : FOIA STAFF
Requested Date : 9/26/2021

Requester Name : Miller, Erin

Description of the Request : Information pertaining to all documents, data, and records provided to the Department of Justice by Gov. Andrew Cuomo's office and the New York Department of Health and Human Services in response to the Department of Justice, Civil Rights Division's request for information related to the State of New York's policies related to nursing homes / long-term care facilities during the COVID-19 pandemic

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