Harry Wiley v. Robert F. Kennedy Jr., in his official capacity as Secretary of Health and Human Services, and U.S. Department of Health and Human Services

Summary

The United States District Court for the Southern District of West Virginia reviews defendants’ objections to a magistrate judge’s discovery order in an Administrative Procedure Act case concerning the alleged shutdown and restructuring of NIOSH Respiratory Health Division programs. The court sustains the objections in part, requires defendants to produce a responsive administrative record, permits plaintiffs to seek additional discovery if the record is incomplete, lifts the stay, and requires the parties to submit a revised schedule.

Holdings

1. The magistrate judge's order was well reasoned and free of clear error, and the district court did not find a basis to set it aside under Rule 72(a).
2. Defendants were entitled to an order precluding broader discovery until they produced a responsive administrative record, but the court would permit Plaintiffs to seek additional discovery if the produced record remained incomplete or nonresponsive.
3. The request to stay discovery pending resolution of the motion to dismiss was denied.

Questions Presented

1. Whether the magistrate judge clearly erred or acted contrary to law in denying Defendants' motion for a protective order against discovery.
2. Whether discovery in this Administrative Procedure Act case should be limited to the administrative record and broader discovery barred before Defendants produce a responsive administrative record.
3. Whether discovery should be stayed pending resolution of Defendants' motion to dismiss, including arguments concerning standing and mootness.

Disposition

other