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Case TitleIN DEFENSE OF ANIMALS v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2004cv01571
Date Filed2004-09-10
Date Closed2008-04-14
JudgeJudge Colleen Kollar-Kotelly
PlaintiffIN DEFENSE OF ANIMALS
DefendantNATIONAL INSTITUTES OF HEALTH
DefendantUS DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [35]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has rejected NIH's request that she reconsider a previous ruling finding that records related to NIH-owned chimpanzees housed at the Alamogordo Primate Facility in New Mexico were agency records. NIH argued that Charles River Laboratories, a contractor running the site for NIH, had control and possession of the records and that they were not agency records subject to FOIA. Kollar-Kotelly rejected the claim, noting that "defendant fails to explain, for example, how the Court erred by requiring NIH to search a facility it owns, for records it requires to be maintained and to which it has access, relating to the care of animals it owns. Although the Court acknowledges that NIH's contractor CRL may possess the documents on a day-to-day basis, the D.C. Circuit has made clear that records need not be generated by an agency, or in the actual possession of an agency, for the records to be considered 'owned or obtained' by an agency." NIH also argued that it never had control of the records, but Kollar-Kotelly pointed out that "if NIH's position were accepted, it would follow that CRL would remove the clinical files after its contract with NIH expires, even though the files pertain to animals it does not own and to which it cannot take title, while leaving the chimpanzees without the files necessary for their continued care. That position is untenable. NIH's reliance on whether it has literally 'relinquished control' or 'disposed' of the records is misplaced because it appears that the records will remain with the chimpanzees regardless of who is caring for them at any given time " not that the records are owned by the entity with a day to day possession of the files." NIH had also withheld portions of records pertaining to the APF facility under Exemption 6 (invasion of privacy), claiming the information would reveal where animal care workers were located within the facility. Kollar-Kotelly had rejected the claim in her first ruling and proceeded to reject it again for the same reason. She pointed out that "defendants' arguments concerning the safety of animal workers at APF are not properly incorporated into Exemption 6, as the requested information is not associated with any particular individual." This time around, NIH also claimed the information was protected by Exemption 2 (internal practices and procedures), a claim Kollar-Kotelly proceeded to reject. She noted that "NIH provides no factual basis to suggest that these documents, containing this information, are only used for internal purposes." Dismissing NIH's claim that disclosure of the information could risk circumvention of law or regulation, she pointed out that "the information that NIH claims is 'essentially a blueprint' appears to be information that has been redacted from other documents already released, and it is unclear the extent to which this information may be used to discover the specific locations of the animals, workers, or anything else in the APF facility " the type of information that may be conveyed in an actual blueprint. NIH makes no argument, for example, that disclosure of floor plans and wiring diagrams necessarily indicate where security is stationed throughout APF, such that individuals with criminal intentions may be able to take advantage of the released information." She observed that "NIH does not explain how the requested information could lead to criminal activities; instead, it references a fire and several other criminal activities that have occurred at other locations not involving Plaintiffs. NIH fails to explain, for example, how the redacted information concerning the 'numbers of rooms containing equipment, the numbers of animals in specific holding areas, and the square footage of specific areas,' would allow individuals to engage in criminal activity." She added that "the Court shall not read this information into NIH's submissions."
Issues: Agency Record - Constructive possession
Opinion/Order [42]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has rejected the NIH's claims that records relating to chimpanzees at the Alamogordo Primate Facility in New Mexico are not agency records and that, if they are, portions are protected by Exemption 2 (internal practices and procedures), Exemption 4 (confidential business information), Exemption 5 (deliberative process privilege), and Exemption 6 (invasion of privacy). She also instructed NIH to give the animal rights group In Defense of Animals a fee waiver. Kollar-Kotelly had already ruled in favor of IDA last year, but in two opinions issued April 14 she rejected all of the agency's procedural and exemption claims as well as its motion for reconsideration of the earlier ruling. Kollar-Kotelly first found that IDA had constructively exhausted its remedies when it filed suit in September 2004. She pointed out that the agency did not provide IDA with a right to appeal or an invoice for records until January 2005. Once again rejecting the agency's claim that the chimpanzees' clinical records belonged to the contractor running the facility rather than the agency, Kollar-Kotelly observed that "defendant fails to explain, for example, how the Court erred by requiring NIH to search a facility it owns, for records it requires to be maintained and to which it has access, relating to the care of animals that it owns. Although the Court acknowledges that NIH's contractor may possess the documents on a day-to-day basis, the D.C. Circuit has made clear that records need not be generated by an agency, or in the actual possession of an agency, for the records to be considered 'owned or obtained' by an agency." She then pointed out that NIH had failed to show why February 2004, the date of the original request, was an appropriate cut-off date for a search at this point in time. Instead, she told the agency to conduct a search as of the date of her order. NIH withheld information about incentive award payments under Exemption 4. But Kollar-Kotelly noted that "the incentive award amounts are the amounts that NIH agrees to pay to the contractor, not the other way around, although negotiated by both parties. The Court concludes that the incentive award amounts requested by Plaintiff were not 'obtained from a person' such that FOIA Exemption 4 is inapplicable, as Defendants have nowhere demonstrated that the contractor was the source of the information in the first instance and not the agency." She then indicated that emails concerning the incentive payments were not covered by Exemption 5. She explained that "the Court agrees with Plaintiff's assessment that 'NIH does not even argue that the figures are "deliberative." In any case, these fixed, dollar amount numbers do not reflect the "give-and-take of the consultative process" within the agency.' Additionally, as the Court understands that such amounts were made known to the contractor, disclosure to an outside party precludes application of Exemption 5." NIH expressed concern about animal workers' safety if their names were revealed, but Kollar-Kotelly observed that "Defendants' concerns about animal care workers' safety are not properly incorporated via Defendants' application of Exemption 6 to the material in question." Rejecting claims made under Exemption 2 in the agency's motion for reconsideration, Kollar-Kotelly noted that "in its original Motion for Summary Judgment, [the agency] attempted to shoehorn the same arguments presented here into Exemption 6. Now, in its Motion for Reconsideration, NIH makes the same generalized arguments under Exemption 2. The Court is unwilling to give NIH a third bite at the same apple."
Issues: Exemption 4 - Competitive harm, Exemption 2 - Risk of circumvention, Agency Record - Constructive possession, Exemption 5 - Privileges, Exemption 6 - Invasion of privacy
Opinion/Order [44]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2004-09-101COMPLAINT against NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Filing fee $ 150) filed by IN DEFENSE OF ANIMALS. (Attachments: # 1 Exhibit)(td, ) (Entered: 09/17/2004)
2004-09-10SUMMONS (4) Issued as to NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (td, ) (Entered: 09/17/2004)
2004-09-272ORDER Establishing Procedures for Electronic Filing for Cases Assigned to Judge Colleen Kollar-Kotelly signed on September 27, 2004. (SM) (Entered: 09/27/2004)
2004-10-133First MOTION for Extension of Time to respond to the complaint by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 10/13/2004)
2004-10-134NOTICE of Appearance by Megan Lindholm Rose on behalf of NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Rose, Megan) (Entered: 10/13/2004)
2004-11-01MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 3 Defendant's Motion for Enlargement of Time to respond to complaint until and including November 16, 2004. Signed by Judge Colleen Kollar-Kotelly on November 1, 2004. (SM) (Entered: 11/01/2004)
2004-11-015NOTICE of Appearance by Jason Tyler Barbeau on behalf of IN DEFENSE OF ANIMALS (Barbeau, Jason) (Entered: 11/01/2004)
2004-11-166Consent MOTION for Extension of Time to respond to the complaint by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A - Declaration# 2 Exhibit B - letter# 3 Exhibit C - letter)(Rose, Megan) (Entered: 11/16/2004)
2004-11-167ERRATA correcting motion for enlargement by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A-C)(Rose, Megan) (Entered: 11/16/2004)
2004-11-24MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 6 Defendants' Consent Motion for Enlargement of Time to answer/respond to complaint until January 18, 2005. Signed by Judge Colleen Kollar-Kotelly on November 24, 2004. (SM) (Entered: 11/24/2004)
2005-01-188Defendants' ANSWER to Complaint filed by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Rose, Megan) (Entered: 01/18/2005)
2005-01-279MEET AND CONFER STATEMENT. (Rose, Megan) (Entered: 01/27/2005)
2005-02-0210SCHEDULING ORDER:Initial Scheduling Conference set for 2/25/2005 09:15 AM in Courtroom 11 before Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on 2/2/2005. (dot, ) (Entered: 02/02/2005)
2005-02-21MINUTE ENTRY: In light of the fact that there appear to be no preliminary issues for the Court to resolve, and the parties have filed a joint proposed breifing schedule, the Court enters the following Order. ORDERED that the scheduling conference scheduled for February 25, 2005, is VACATED; it is further ORDERED that Defendants shall file their Motion for Summary Judgment and Vaughn index by March 16, 2005, Plantiff shall file its Opposition by April 13, 2005, and Defendants shall file their Reply by May 4, 2005. Signed by Judge Colleen Kollar-Kotelly on February 21, 2005. (lcckk1) (Entered: 02/21/2005)
2005-03-1611MOTION for Summary Judgment (partial) by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Affidavit Exhibit A - Cornell Declaration# 2 Exhibit 1 to Cornell Declaration# 3 Exhibit 2 to Cornell Decl.# 4 Exhibit 3 to Cornell Decl.# 5 Exhibit 4 to Cornell Decl.# 6 Exhibit 5 to Cornell Decl.# 7 Exhibit 6 to Cornell Decl.# 8 Exhibit 7 to Cornell Decl.# 9 Exhibit 8 to Cornell Decl.# 10 Exhibit 9 to Cornell Decl.# 11 Exhibit 10 to Cornell Decl.# 12 Errata 11 to Cornell Decl.# 13 Affidavit Exhibit B - Christian Declaration# 14 Exhibit C - USAF Release)(Rose, Megan) (Entered: 03/16/2005)
2005-03-1612MOTION for Extension of Time to respond as to 23 pages of referred documents by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 03/16/2005)
2005-04-11MINUTE ENTRY: Paperless ORDER granting 12 Motion for Extension of Time to respond as to Plaintiff's complaint regarding 23 pages of referred documents; Defendant shall have until and including April 14, 2005 to respond. Signed by Judge Colleen Kollar-Kotelly on April 11, 2005. (SM) (Entered: 04/11/2005)
2005-04-1313Memorandum in opposition to motion re 11 and Cross Motion For Summary Judgment filed by IN DEFENSE OF ANIMALS. (Attachments: # 1 Statement of Facts# 2 Exhibit Exhibit 1# 3 Exhibit Exhibits 2-14)(Barbeau, Jason) (Entered: 04/13/2005)
2005-04-1414Consent MOTION for Extension of Time to respond as to 23 pages of referred documents by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 04/14/2005)
2005-04-2115Consent MOTION for Extension of Time to respond as to referred documents by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 04/21/2005)
2005-04-21MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 14 Defendants' Consent Motion for Enlargement of Time to respond as to 23 pages of documents referred to U.S. Air Force until and including April 21, 2005. Signed by Judge Colleen Kollar-Kotelly on April 21, 2005. (SM) (Entered: 04/21/2005)
2005-04-27MINUTE ENTRY: Paperless ORDER granting nunc pro tunc 15 Consent Motion for Extension of Time to respond to 23 pages of documents referred to by USAF, until and including May 4, 2005. Signed by Judge Colleen Kollar-Kotelly on April 27, 2005. (SM) (Entered: 04/27/2005)
2005-05-0416REPLY to opposition to motion re 11 in support of summary judgment filed by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 05/04/2005)
2005-05-0417MOTION for Partial Summary Judgment as to 23 pages of referred documents by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit A - Release Letter# 2 Exhibit B - USAF Memo)(Rose, Megan) (Entered: 05/04/2005)
2005-05-1818REPLY to opposition to motion re 17 Plaintiff's Reply Memorandum In Support of Cross Motion for Summary Judgment filed by IN DEFENSE OF ANIMALS. (Barbeau, Jason) (Entered: 05/18/2005)
2005-05-1819Memorandum in opposition to motion re 17 Partial Summary Judgment filed by IN DEFENSE OF ANIMALS. (Please see Document No. 18 for scanned image). (nmw, ) (Entered: 05/19/2005)
2005-05-3120REPLY to opposition to motion re 17 in support of Defendants' Second Motion For Partial Summary Judgment filed by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 05/31/2005)
2006-03-0321NOTICE Of Change of Status of Counsel for Plaintiff by IN DEFENSE OF ANIMALS (Barbeau, Jason) (Entered: 03/03/2006)
2007-03-3122ORDER granting in part and denying in part 11 Defendants' Motion for Partial Summary Judgment; granting in part and denying in part 13 Plaintiff's Cross Motion for Summary Judgment; granting Defendants' 17 Motion for Partial Summary Judgment; ordering that Defendants shall produce the following information to Plaintiff by April 13, 2007: 1) incentive payments to the contractor; 2) answers to NIH questions in the revised contract proposal; 3) the withheld NIH contract questions; and 4) redactions of the square footage of the APF, daily inventories of animals, floor plans and wiring diagrams, specific locations of individual animals, locations of animal records and specimens, numbers of rooms containing equipment, the numbers of animals in specific holding areas, and the square footage of specific areas; ordering that Defendants shall also provide Plaintiff with properly-segregated, redacted versions of Documents 14 and 15 as listed in the Vaughn Index, including the subject matter of the invoices and e-mails at issue, by April 13, 2007; ordering that Defendants shall search APF for the requested clinical chimpanzee files, using a search cut-off date not earlier than the date of this Order and informing Plaintiff of said cut-off date, commencing April 13, 2007; ordering that Defendants shall further grant Plaintiff a public interest fee waiver immediately; ordering that the Parties are to submit a Joint Status Report with respect to Defendants' compliance with this Order and the accompanying Memorandum Opinion by April 27, 2007, including the status of Defendants' search at APF and a deadline by which it will either produce said documents to Plaintiff and/or provide a Vaughn Index to both Plaintiff and the Court with respect to any information withheld. Signed by Judge Colleen Kollar-Kotelly on March 31, 2007. (lcckk1) (Entered: 03/31/2007)
2007-04-0223MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on April 2, 2007. (lcckk1). (Entered: 04/02/2007)
2007-04-1324MOTION to Stay re 22 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,, until up to sixty days after entry of final judgment in this case by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Rose, Megan) (Entered: 04/13/2007)
2007-04-1825MOTION for Reconsideration re 22 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,, (partial reconsideration) by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Affidavit Supp Cornell Declaration# 2 Exhibit 1 - Alamagordo Article# 3 Exhibit 2 - NYT Article# 4 Exhibit 3 - UPI Article# 5 Exhibit 4 - CNN Article# 6 Text of Proposed Order)(Rose, Megan) (Entered: 04/18/2007)
2007-04-2626ORDER granting Defendants' unopposed 24 Defendants' Motion to Stay Court's Order of March 31, 2007, until up to Sixty Days after Entry of Final Judgment in this Case; it is also ordered that Defendants shall have 60 days from the Court's Order entering final judgment in this case to make the required disclosures, listed as follows: 1) incentive payments to the contractor; 2) answers to NIH questions in the revised contract proposal; 3) the withheld NIH contract questions; 4) redactions of the square footage of the APF, daily inventories of animals, floor plans and wiring diagrams, specific locations of individual animals, locations of animal records and specimens, numbers of rooms containing equipment, the numbers of animals in specific holding areas, and the square footage of specific areas; and 5) redacted versions of Documents 14 and 15 as listed in the Vaughn Index, including the subject matter of the invoices and e-mails at issue; it is also ordered that Defendants shall have 30 days from the Court's ruling on Defendants' motion for partial reconsideration within which to file a Joint Status Report concerning Defendants' compliance with the Court's Order to search APF. Signed by Judge Colleen Kollar-Kotelly on April 26, 2007. (lcckk1) (Entered: 04/26/2007)
2007-04-2627NOTICE of Failure of Service Under Federal Rule of Civil Procedure 5(b)(2)(D)(3) by IN DEFENSE OF ANIMALS (Spriggs, William) Additional attachment(s) added on 4/27/2007 (nmw, ). (Entered: 04/26/2007)
2007-04-2628ENTERED IN ERROR.....Proposed MOTION for Order re service of motion for partial reconcideration of the Court's Order of March 31, 2007 by IN DEFENSE OF ANIMALS (Spriggs, William) Modified on 4/27/2007 (nmw, ). (Entered: 04/26/2007)
2007-04-27NOTICE OF CORRECTED DOCKET ENTRY: Document No. 28 was entered in error as a motion and has been added to Document No. 27 . (nmw, ) (Entered: 04/27/2007)
2007-04-3029RESPONSE re 27 Notice (Other) filed by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Rose, Megan) (Entered: 04/30/2007)
2007-04-3030Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Reconsideration by IN DEFENSE OF ANIMALS (Spriggs, William) (Entered: 04/30/2007)
2007-05-01MINUTE ENTRY ORDER (Paperless) granting 30 Plaintiff's Unopposed Motion for Extension of Time to File a Response to Defendants' Motion for Reconsideration. Plaintiff shall have until and including May 7, 2007, to file its response. Signed by Judge Colleen Kollar-Kotelly on May 1, 2007. (SM) (Entered: 05/01/2007)
2007-05-0731Memorandum in opposition to re 25 MOTION for Reconsideration re 22 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,, (partial reconsideration) MOTION for Reconsideration re 22 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,, (partial reconsideration) filed by IN DEFENSE OF ANIMALS. (Attachments: # 1 Exhibit Monthly Progress Report# 2 Exhibit Memo of Understanding# 3 Exhibit Necropsy Report)(Spriggs, William) (Entered: 05/07/2007)
2007-05-1732REPLY to opposition to motion re 25 MOTION for Reconsideration re 22 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,, (partial reconsideration) MOTION for Reconsideration re 22 Order on Motion for Summary Judgment,,,,,,,, Order on Motion for Partial Summary Judgment,,,,,,, (partial reconsideration) filed by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit Washington Post Express Article)(Rose, Megan) (Entered: 05/17/2007)
2007-09-1933NOTICE of Subtitution of Counsel by Michelle Nicole Johnson on behalf of NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Megan L. Rose (Johnson, Michelle) (Entered: 09/19/2007)
2007-12-1234ORDER denying Defendants' 25 Motion for Partial Reconsideration. Defendants shall have until January 11, 2008, in which to file a Joint Status Report concerning Defendants' compliance with the Court's Order to search APF, which shall also indicate whether any additional briefing or Court rulings are necessary prior to entry of a final judgment. Signed by Judge Colleen Kollar-Kotelly on December 12, 2007. (lcckk1) (Entered: 12/12/2007)
2007-12-1235MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on December 12, 2007. (lcckk1) (Entered: 12/12/2007)
2007-12-12Set/Reset Deadlines: Joint Status Report due by 1/11/2008. (dot, ) (Entered: 12/12/2007)
2008-01-1136STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Michelle) (Entered: 01/11/2008)
2008-01-15MINUTE ORDER (paperless). Pursuant to a conference call with both Parties on January 15, 2008, Defendants agree to withdraw the status report filed January 11, 2008, and the Parties agree to file a Joint Status Report setting forth their respective positions in response to the Court's December 12, 2007 Order, by or before January 29, 2008. Signed by Judge Colleen Kollar-Kotelly on January 15, 2008. (lcckk1) (Entered: 01/15/2008)
2008-01-15Set/Reset Deadlines: Status Report due by 1/29/2008. (dot, ) (Entered: 01/16/2008)
2008-01-2937STATUS REPORT (Joint) by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Michelle) (Entered: 01/29/2008)
2008-01-3138ORDER. The Parties shall file a Joint Status Report on March 31, 2008, concerning the status of the records discussed in the Court's Order. Signed by Judge Colleen Kollar-Kotelly on January 31, 2008. (lcckk1) (Entered: 01/31/2008)
2008-03-3139Joint MOTION for Extension of Time to File the Parties' Joint Status Report by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Johnson, Michelle) (Entered: 03/31/2008)
2008-04-0140STATUS REPORT (Joint) by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Michelle) (Entered: 04/01/2008)
2008-04-04MINUTE ORDER (paperless) granting nunc pro tunc 39 The Parties' Joint Motion for a One-Day Extension of Time to File Their Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on April 4, 2008. (SM) (Entered: 04/04/2008)
2008-04-09MINUTE ORDER (paperless): A Conference Call will be held on the record on Monday, April 14, 2008, at 9:00 a.m. Accordingly, Dorothy Patterson, Courtroom Deputy Clerk to Judge Colleen Kollar-Kotelly, will initiate the call from Courtroom 28A and contact the parties at the telephone numbers which they have provided to chambers. The parties shall notify Ms. Patterson at 202-354-3189, or chambers at 202-354-3340, if there is any change in telephone numbers. Signed by Judge Colleen Kollar-Kotelly on April 9, 2008. (SM) (Entered: 04/09/2008)
2008-04-09Set/Reset Hearings: Telephone Conference set for 4/14/2008 09:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (dot, ) (Entered: 04/09/2008)
2008-04-14MINUTE ORDER (paperless). On April 14, 2008, the Court held a conference call with both Parties on the record. The Court and Parties agreed that the Court's Order dated January 31, 2008 should be vacated and the Court's Orders dated March 31, 2007 and December 12, 2007 should be reissued as final, appealable orders. Accordingly, the Court hereby vacates its Order dated January 31, 2008. Signed by Judge Colleen Kollar-Kotelly on April 14, 2008. (lcckk1) (Entered: 04/14/2008)
2008-04-1441ORDER granting in part and denying part 11 Defendants' Motion for Partial Summary Judgment; granting in part and denying in part 13 Plaintiff's Cross Motion for Summary Judgment; granting Defendants' 17 Motion for Partial Summary Judgment; ordering that Defendants shall produce the following information to Plaintiff: 1) incentive payments to the contractor; 2) answers to NIH questions in the revised contract proposal; 3) the withheld NIH contract questions; and 4) redactions of the square footage of the APF, daily inventories of animals, floor plans and wiring diagrams, specific locations of individual animals, locations of animal records and specimens, numbers of rooms containing equipment, the numbers of animals in specific holding areas, and the square footage of specific areas; ordering that Defendants shall also provide Plaintiff with properly-segregated, redacted versions of Documents 14 and 15 as listed in the Vaughn Index, including the subject matter of the invoices and e-mails at issue; ordering that Defendants shall search APF for the requested clinical chimpanzee files, using a search cut-off date not earlier than March 31, 2007, and informing Plaintiff of said cut-off date; and ordering that Defendants shall further grant Plaintiff a public interest fee waiver immediately. This case shall be dismissed in its entirety. This is a final, appealable order. Signed by Judge Colleen Kollar-Kotelly on April 14, 2008. (lcckk1) (Entered: 04/14/2008)
2008-04-1442MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on April 14, 2008. (lcckk1) (Entered: 04/14/2008)
2008-04-1443ORDER denying Defendants' 25 Motion for Partial Reconsideration. Signed by Judge Colleen Kollar-Kotelly on April 14, 2008. (lcckk1) (Entered: 04/14/2008)
2008-04-1444MEMORANDUM OPINION. Signed by Judge Colleen Kollar-Kotelly on April 14, 2008. (lcckk1) (Entered: 04/14/2008)
2008-04-14Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference held on 4/14/2008. (Court Reporter Lisa Hand.) (dot, ) (Entered: 04/15/2008)
2008-06-1245NOTICE OF APPEAL as to 41 Order,,,,, 43 Order, 44 Memorandum & Opinion, 42 Memorandum & Opinion by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. Fee Status: No Fee Paid. Parties have been notified. (Johnson, Michelle) (Entered: 06/12/2008)
2008-06-16Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 45 Notice of Appeal, (td, ) (Entered: 06/16/2008)
2008-06-18USCA Case Number 08-5186 for 45 Notice of Appeal, filed by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (td, ) (Entered: 06/20/2008)
2009-01-0546ORDER of USCA as to 45 Notice of Appeal, filed by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH; ORDERED that the motion for record remand be granted, and that the record herein be remanded to the district court to permit that court to entertain, and to provide an indicative ruling on, the parties' proposed motion for post-judgment relief; FURTHER ORDERED that the motion to stay briefing be granted, and that this case be held in abeyance pending further order of the court. (USCA No. 08-5186) (mmh, ) (Entered: 01/05/2009)
2009-01-06MINUTE ORDER (paperless). The Court has received an Order from the Court of Appeals granting a remand of this case to permit consideration of the parties' proposed motion for post-judgment relief. On or before January 12, 2009, the parties shall confer and file a Joint Status Report indicating what post-judgment relief the parties are seeking and identifying what they intend to file. Signed by Judge Colleen Kollar-Kotelly on January 6, 2009. (lcckk1) (Entered: 01/06/2009)
2009-01-1247MOTION for Indicative Ruling and Joint Status Report by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit (Settlement Agreement), # 2 Text of Proposed Order)(Johnson, Michelle) (Entered: 01/12/2009)
2009-01-1248JOINT STATUS REPORT by IN DEFENSE OF ANIMALS, NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 47 to view document). (nmw, ) (Entered: 01/13/2009)
2009-01-1249ORDER granting 47 Joint Status Report and Motion for an Indicative Ruling. That in accordance with the procedure articulated in Smith v. Pollin, 194 F.2d 349(D.C.Cir.1952), this Court will approve the parties' settlement agreement and will dismiss this case provided it is remanded to this Court. Signed by Judge Colleen Kollar-Kotelly on 1/12/09. (dot, ) (Entered: 01/13/2009)
2009-02-0950ORDER of USCA (certified copy) as to 45 Notice of Appeal, filed by US DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH; ORDERED that the motion be granted and this case be remanded to the district court. (USCA No. 08-5186) (mmh, ) (Entered: 02/11/2009)
2009-03-0951Joint MOTION for the Court's Approval of the Parties' Mediated Settlement Agreement by NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A (Settlement Agreement))(Johnson, Michelle) (Entered: 03/09/2009)
2009-03-1052ORDER granting 51 Joint Motion for the Court's Approval of the Parties' Mediated Settlement Agreement. The Court hereby approves the parties' Mediated Settlement Agreement. In accordance with the Mediated Settlement Agreement, this action is hereby dismissed without prejudice. Signed by Judge Colleen Kollar-Kotelly on 3/10/09. (dot, ) (Entered: 03/10/2009)
2009-04-0953NOTICE OF SUBSTITUTION OF COUNSEL by David Cotter Rybicki on behalf of NATIONAL INSTITUTES OF HEALTH, US DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Michelle N. Johnson (Rybicki, David) (Entered: 04/09/2009)
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