Case Detail

FOIA Project Annotation: Judge James Boasberg has ruled that the Department of Health and Human Services had already released all research data pertaining to a federally-funded study of the carcinogenic effects of formaldehyde and that the American Chemistry Council waived its argument that the agency had improperly narrowed its request by limiting its search for research data solely to the 2010 Zhang Study. The Council submitted a multi-part request for records on the potential health effects of formaldehyde, including research data generated by federal grantees that was subject to FOIA under the terms of the Shelby Amendment, implemented by OMB Circular A-110. The agency released 108 pages and indicated that it considered the Zhang Study data, which was already publicly available, to be the only data the Council had requested that was subject to the Shelby Amendment. The Council filed suit, arguing that the agency had improperly limited its search for research data and had not conducted an adequate search of its own records. Addressing the limits the agency imposed on which parts of the request asked for research data, Boaberg indicated that "because Plaintiff's FOIA request generally referred to 'records,' as opposed to specifically differentiating between research data and other types of agency records, Defendants 'interpreted Item 2(f) to be the only part of the Request that sought "research data" from the Zhang Study.' Plaintiff takes issue with that interpretation, insisting that the 'use of the term "Records" throughout its request" also encompassed data. The Court disagrees that Plaintiff's general reference to 'records' reasonably described a request for data. To invoke Circular A-110, which pertains to data but not records, Plaintiff knew it should specifically request data." Boasberg added that "asking for records 'related to' the data is not the same as asking for the data." Although he acknowledged that this was a close call, Boasberg then pointed out that the Council had failed to exhaust its administrative remedies by not making the interpretative argument in its administrative appeal. The Council argued that its request was sufficiently clear that it was seeking a broader range of data. But Boasberg noted that "if Plaintiff had believed that the catchall [phrases used in the request] posed additional requests for research data, it should have wondered why the Agency had not explained its position on data responsive to item 2's catchall [phrase]. Instead, in its Appeal Letter, ACC simply never mentioned research data beyond 2f." Boasberg added that "plaintiff is a sophisticated entity whose FOIA correspondence (including its appeal) was authored by its Assistant General Counsel. Even if HHS's interpretation of the request was wrong, Plaintiff forfeited its right to challenge that interpretation because it failed to exhaust its administrative remedies on the issue before the Agency." As to the agency's interpretation of its obligations under A-110, Boasberg indicated that "HHS had previously provided public access to the full-length Zhang Study through the website of its component, the National Institutes of Health. The data requested in item 2f, moreover, are already fully incorporated in the Zhang Study. As a result, Circular A-110 does not require them to re-request that data from the Zhang Study's grantees. Such a ruling, of course, does not preclude ACC from subsequently filing a more precise FOIA request that specifically seeks data from the grantees beyond item 2f." Boasberg required the agency to supplement its affidavits on the adequacy of the search of its own records. He observed that "plaintiff has sufficiently alleged that the Agency's search was not adequately calculated to recover all relevant documents. Defendants, furthermore, acknowledge that they have not yet submitted the requisite affidavits necessary to carry their burden on the adequacy of their search."
Issues: Request - Specificity, Adequacy - Search

Date Filed	Doc #	Docket Text
2012-07-12	1	COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090-3001280) filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons TO: National Cancer Institute, # 7 Summons TO: National Institute of Environmental Health Sciences, # 8 Summons TO: United States Department of Health and Human Services, # 9 Summons TO: National Institutes of Health, # 10 Summons TO: Attorney General of the United States, # 11 Summons TO: United States Attorney for the District of Columbia)(Biles, Blake) (Entered: 07/12/2012)
2012-07-12	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CHEMISTRY COUNCIL, INC. (Biles, Blake) (Entered: 07/12/2012)
2012-07-12	3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- KENT A. YALOWITZ, :Firm- ARNOLD & PORTER LLP, :Address- 399 Park Avenue, NY, NY 10022. Phone No. - 212-715-1000. Fax No. - 212-715-1399 by AMERICAN CHEMISTRY COUNCIL, INC. (Attachments: # 1 Declaration Of KENT A. YALOWITZ)(Biles, Blake) (Entered: 07/12/2012)
2012-07-12		Case Assigned to Judge James E. Boasberg. (ls, ) (Entered: 07/13/2012)
2012-07-13	4	ENTERED IN ERROR.....ELECTRONIC SUMMONS (6)Issued as to NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Consent Notice)(ls, ) Modified on 7/17/2012 (dr). (Entered: 07/13/2012)
2012-07-13		MINUTE ORDER: 3 Motion for Leave to Appear Pro Hac Vice of Kent A. Yalowitz is hereby GRANTED. Signed by Judge James E. Boasberg on 7/13/12. (lcjeb4) (Entered: 07/13/2012)
2012-07-16	5	ENTERED IN ERROR.....NOTICE Summons as to: United States Attorney for the District of Columbia, Attorney General of the United States, United States Department of Health and Human Services, National Institutes of Health, National Institute of Environmental Health Sciences, National Cancer Institute, by AMERICAN CHEMISTRY COUNCIL, INC. re 1 Complaint,, (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Biles, Blake) Modified on 7/17/2012 (dr). (Entered: 07/16/2012)
2012-07-17		NOTICE OF CORRECTED DOCKET ENTRY: re 5 Notice (Other), was entered in error and counsel is instructed to refile correctly formatted and legible documents.(dr) (Entered: 07/17/2012)
2012-07-17	6	NOTICE of Summons to : United States Department of Health and Human Services, National Cancer Institute, National Institute of Environmental Health Sciences, National Institutes of Health, Attorney General of the United States, United States Attorney for the District of Columbia by AMERICAN CHEMISTRY COUNCIL, INC. re 1 Complaint,, (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Biles, Blake) (Entered: 07/17/2012)
2012-07-17	7	ELECTRONIC SUMMONS (6) Issued as to NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (dr) (Entered: 07/17/2012)
2012-08-23	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 24, 2012. (Biles, Blake) (Entered: 08/23/2012)
2012-08-23	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL CANCER INSTITUTE served on 8/6/2012 (Biles, Blake) Modified date of service on 8/24/2012 (znmw, ). (Entered: 08/23/2012)
2012-08-23	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES served on 8/1/2012 (Biles, Blake) Modified date of service on 8/24/2012 (znmw, ). (Entered: 08/23/2012)
2012-08-23	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 7/27/2012 (Biles, Blake) Modified date of service on 8/24/2012 (znmw, ). (Entered: 08/23/2012)
2012-08-23	12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/30/2012 (Biles, Blake) Modified date of service on 8/24/2012 (znmw, ). (Entered: 08/23/2012)
2012-08-23	13	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/12/2012. Answer due for ALL FEDERAL DEFENDANTS by 10/11/2012. (Biles, Blake) Modified on 8/24/2012 (znmw, ). (Entered: 08/23/2012)
2012-08-23	14	Consent MOTION for Extension of Time to Answer, Move or Otherwise Respond to Plaintiff's Complaint by NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Borum, Marian) (Entered: 08/23/2012)
2012-08-24		MINUTE ORDER: Defendant's 14 Consent Motion for Extension of Time to Answer, Move or Otherwise Respond to Plaintiff's Complaint is hereby granted. Defendant shall file its response on or before October 1, 2012. Signed by Judge James E. Boasberg on 8/24/12. (lcjeb4) (Entered: 08/24/2012)
2012-08-24		Set/Reset Deadlines: Defendant shall file its response on or before 10/01/2012. (ad) (Entered: 08/24/2012)
2012-08-24		NOTICE OF ERROR re 13 Summons Returned Executed as to US Attorney; emailed to blake.biles@aporter.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in error; Refile as Summons Returned Executed in FOIA Case as to US Attorney (znmw, ) (Entered: 08/24/2012)
2012-08-24		NOTICE OF ERROR re 9 Summons Returned Executed as to Federal Defendant; emailed to blake.biles@aporter.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. In future, enter date the summons/complaint was delivered, not the date it was mailed. (znmw, ) Modified link on 8/24/2012 (znmw, ). (Entered: 08/24/2012)
2012-08-27	15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/1/2012. Answer due for ALL FEDERAL DEFENDANTS by 8/31/2012. (Biles, Blake) (Entered: 08/27/2012)
2012-09-27	16	NOTICE OF SUBSTITUTION OF COUNSEL by Karen Patricia Seifert on behalf of All Defendants Substituting for attorney Marian L. Borum (Seifert, Karen) (Entered: 09/27/2012)
2012-09-27	17	MOTION for Extension of Time to Respond to the Complaint by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Seifert, Karen) (Entered: 09/27/2012)
2012-09-27		MINUTE ORDER: Defendants' 17 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint is hereby GRNATED. Defendants shall file their response on or before November 9, 2012. Signed by Judge James E. Boasberg on 9/27/12. (lcjeb4) (Entered: 09/27/2012)
2012-09-27		Set/Reset Deadlines: Answer to the complaint due by 11/9/2012. (tg, ) (Entered: 09/27/2012)
2012-11-08	18	MOTION for Summary Judgment by AMERICAN CHEMISTRY COUNCIL, INC. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Attorney Declaration (with Exhibits), # 3 Appendix Administrative Record Appendix)(Biles, Blake) (Entered: 11/08/2012)
2012-11-08	19	MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(Seifert, Karen) (Entered: 11/08/2012)
2012-11-16	20	MOTION to Stay re 18 MOTION for Summary Judgment and, in the Alternative, for an Extension of Time by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Seifert, Karen) (Entered: 11/16/2012)
2012-11-19		MINUTE ORDER: The Court has received Defendants' 20 Motion to Stay. The Court will await Plaintiff's Opposition and a Reply (if Defendants wish to file one) before ruling on the stay request. If that request is denied, the Court will certainly permit the agreed-upon extension of time to respond to the Motion for Summary Judgment. Signed by Judge James E. Boasberg on 11/19/12. (lcjeb4, ) (Entered: 11/19/2012)
2012-11-19	21	Joint MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by AMERICAN CHEMISTRY COUNCIL, INC. (Biles, Blake) (Entered: 11/19/2012)
2012-11-20		MINUTE ORDER: Parties' 21 Joint Motion for Extension of Time is hereby GRANTED. Plaintiff's Opposition to Defendants' Motion to Dismiss shall be filed on or before December 11, 2012 and Defendants' Reply to Plaintiff's Opposition shall be filed on or before December 24, 2012. Signed by Judge James E. Boasberg on 11/20/12. (lcjeb4) (Entered: 11/20/2012)
2012-11-20		Set/Reset Deadlines: Plaintiff's Opposition to Defendants' Motion to Dismiss shall be filed on or before 12/11/2012; and Defendants' Reply to Plaintiff's Opposition shall be filed on or before 12/24/2012. (ad) (Entered: 11/20/2012)
2012-11-20	22	Memorandum in opposition to re 20 MOTION to Stay re 18 MOTION for Summary Judgment and, in the Alternative, for an Extension of Time filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Biles, Blake) (Entered: 11/20/2012)
2012-11-27	23	REPLY to opposition to motion re 20 MOTION to Stay re 18 MOTION for Summary Judgment and, in the Alternative, for an Extension of Time filed by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Seifert, Karen) (Entered: 11/27/2012)
2012-11-28		MINUTE ORDER: The Court believes it is a more efficient use of judicial resources and a more sensible manner of resolving this case to address Defendants' Motion to Dismiss before Plaintiff's Motion for Summary Judgment. The Court, accordingly, ORDERS that: 1) Defendants' 20 Motion to Stay Proceedings on Plaintiff's Motion for Summary Judgment is GRANTED; 2) Defendant need not respond to Plaintiff's Motion for Summary Judgment until ordered by the Court; and 3) The Court will decide Defendants' Motion to Dismiss and then set subsequent briefing, if necessary, on summary judgment. Signed by Judge James E. Boasberg on 11/28/12. (lcjeb4) (Entered: 11/28/2012)
2012-12-11	24	Memorandum in opposition to re 19 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Biles, Blake) (Entered: 12/11/2012)
2012-12-26	25	REPLY to opposition to motion re 19 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Seifert, Karen) (Entered: 12/26/2012)
2013-02-13	26	ORDER: Defendants' 19 Motion to Dismiss is GRANTED IN PART and DENIED IN PART; Counts II and III are DISMISSED; and a status hearing will be held on February 27, 2013, at 9:30 a.m. in Courtroom 19 before Judge James E. Boasberg. Signed by Judge James E. Boasberg on 2/13/13. (lcjeb4) (Entered: 02/13/2013)
2013-02-13	27	MEMORANDUM OPINION to 26 Order. Signed by Judge James E. Boasberg on 2/13/13. (lcjeb4) (Entered: 02/13/2013)
2013-02-14		Set/Reset Hearings: A Status Hearing is set for 2/27/2013 at 9:30 AM in Courtroom 19 before Judge James E. Boasberg. (ad) (Entered: 02/14/2013)
2013-02-27		MINUTE ORDER: As discussed during today's status conference, (1) Plaintiff's 18 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE; (2) Defendants shall file their answer on or before 2/27/13; and (3)Defendants shall file their Motion for Summary Judgment on the adequacy of the search on or before April 9, 2013; Plaintiff shall file any Opposition on or before April 30, 2013; and Defendants shall file any Reply on or before May 14, 2013. Signed by Judge James E. Boasberg on 2/27/13. (lcjeb4) (Entered: 02/27/2013)
2013-02-27		Minute Entry for proceedings held before Judge James E. Boasberg: Status Conference held on 2/27/2013. (Defendants shall file their answer on or before 2/27/13; Defendants shall file their Motion for Summary Judgment on the adequacy of the search on or before 4/09/2013; Plaintiff shall file any Opposition on or before 4/30/2013; Defendants shall file any Reply on or before 5/14/2013). (Court Reporter Lisa Griffith) (ad) (Entered: 02/27/2013)
2013-02-27	28	ANSWER to Complaint by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Seifert, Karen) (Entered: 02/27/2013)
2013-03-25	29	NOTICE OF SUBSTITUTION OF COUNSEL by Peter Bryce on behalf of All Defendants Substituting for attorney Karen P. Seifert (Bryce, Peter) (Entered: 03/25/2013)
2013-04-04	30	MOTION for Extension of Time to File Summary Judgment Motion by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 04/04/2013)
2013-04-04		MINUTE ORDER: Defendants' 30 Motion for Extension of Time to File is GRANTED IN PART. Defendants shall file their motion for summary judgment on or before April 25, 2013. Signed by Judge James E. Boasberg on 4/4/13. (lcjeb4) (Entered: 04/04/2013)
2013-04-05		Set/Reset Deadline: Defendants shall file their motion for summary judgment on or before 4/25/2013. (ad) (Entered: 04/05/2013)
2013-04-25	31	MOTION for Summary Judgment by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Statement of Facts, # 2 Declaration of Carol Maloney, # 3 Declaration of Alyssa Voss, # 4 Exhibit A, # 5 Text of Proposed Order)(Bryce, Peter) (Entered: 04/25/2013)
2013-05-13	32	Unopposed MOTION for Extension of Time to File Opposition by AMERICAN CHEMISTRY COUNCIL, INC. (Attachments: # 1 Text of Proposed Order)(Biles, Blake) (Entered: 05/13/2013)
2013-05-14		MINUTE ORDER: Plaintiff's 32 Unopposed Motion for Extension of Time is hereby GRANTED. Plaintiff shall file its Opposition to Defendants' Motion for Summary Judgment on or before May 23, 2013 and Defendants shall file any Reply on or before June 6, 2013. Signed by Judge James E. Boasberg on 5/14/13. (lcjeb4) (Entered: 05/14/2013)
2013-05-14		Set/Reset Deadlines: Plaintiff shall file its Opposition to Defendants' Motion for Summary Judgment on or before 5/23/2013, and Defendants shall file any Reply on or before 6/06/2013. (ad) (Entered: 05/14/2013)
2013-05-23	33	Memorandum in opposition to re 31 MOTION for Summary Judgment filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendants' Undisputed Statement of Material Facts, # 2 Text of Proposed Order Text of Proposed Order, # 3 Declaration Declaration of Robinan Gentry, # 4 Exhibit Exhibit 1 to Gentry Declaration, # 5 Exhibit Exhibit 2 to Gentry Declaration, # 6 Exhibit Exhibit 3 to Gentry Declaration, # 7 Exhibit Exhibit 4 to Gentry Declaration, # 8 Exhibit Exhibit 5 to Gentry Declaration)(Biles, Blake) (Entered: 05/23/2013)
2013-06-04	34	Consent MOTION for Extension of Time to File Response/Reply by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 06/04/2013)
2013-06-05		MINUTE ORDER: Defendants' 34 Consent Motion for Extension of Time is hereby GRANTED. Defendants shall file their Reply in support of their 31 Motion for Summary Judgment on or before June 13, 2013. Signed by Judge James E. Boasberg on 6/5/13. (lcjeb4) (Entered: 06/05/2013)
2013-06-05		Set/Reset Deadline: Defendants shall file their Reply in support of their 31 Motion for Summary Judgment on or before 6/13/2013. (ad) (Entered: 06/05/2013)
2013-06-12	35	MOTION for Extension of Time to File Response/Reply by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Bryce, Peter) (Entered: 06/12/2013)
2013-06-13	36	RESPONSE re 35 MOTION for Extension of Time to File Response/Reply RESPONSE TO MOTION FOR EXTENSION OF TIME AND CROSS-MOTION FOR RULE 16 SCHEDULING CONFERENCE filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Yalowitz, Kent) (Entered: 06/13/2013)
2013-06-13		MINUTE ORDER: Defendants' 35 Motion for Extension of Time to File their Reply is hereby GRANTED. Defendants shall file their Reply in further support of their Motion for Summary Judgment on or before June 20, 2013. Signed by Judge James E. Boasberg on 6/13/13. (lcjeb4) (Entered: 06/13/2013)
2013-06-13		MINUTE ORDER: For the reasons stated in a Minute Order issued today in 13-495, Plaintiff's 36 Motion for a Rule 16 Scheduling Conference is DENIED WITHOUT PREJUDICE. Signed by Judge James E. Boasberg on 6/13/13. (lcjeb4) (Entered: 06/13/2013)
2013-06-13		Set/Reset Deadline: Defendants shall file their Reply in further support of their Motion for Summary Judgment on or before 6/20/2013. (ad) (Entered: 06/13/2013)
2013-06-14	37	MOTION for Scheduling Order RENEWED MOTION FOR RULE 16 SCHEDULING CONFERENCE by AMERICAN CHEMISTRY COUNCIL, INC. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Yalowitz, Kent) (Entered: 06/14/2013)
2013-06-14		MINUTE ORDER: Defendants shall respond to Plaintiff's 37 Motion on or before 6/17/13. Signed by Judge James E. Boasberg on 6/14/13. (lcjeb4) (Entered: 06/14/2013)
2013-06-14		Set/Reset Deadline: Defendants shall respond to Plaintiff's 37 Motion on or before 6/17/2013. (ad) (Entered: 06/14/2013)
2013-06-17	38	Memorandum in opposition to re 37 MOTION for Scheduling Order RENEWED MOTION FOR RULE 16 SCHEDULING CONFERENCE filed by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Bryce, Peter) (Entered: 06/17/2013)
2013-06-17	39	REPLY to opposition to motion re 37 MOTION for Scheduling Order RENEWED MOTION FOR RULE 16 SCHEDULING CONFERENCE filed by AMERICAN CHEMISTRY COUNCIL, INC.. (Yalowitz, Kent) (Entered: 06/17/2013)
2013-06-18		MINUTE ORDER: Plaintiff has filed a Motion for Scheduling Order in this case, as well as in 13-cv-495. The Court ORDERS that the 37 Motion is DENIED as to case 12-1156. That matter is in briefing and does not apparently need a further scheduling order. The Court ORDERS that the Motion is GRANTED IN PART as to case 13-495. Given that a final agency decision is anticipated by June 28, the Court ORDERS that by July 3, 2013, the parties shall file a joint proposed scheduling order covering further briefing; if they are unable to agree, they may file separate proposed scheduling orders by the same date. Signed by Judge James E. Boasberg on 6/18/13. (lcjeb4) (Entered: 06/18/2013)
2013-06-18		Set/Reset Deadline: Parties shall file a joint proposed scheduling order by 7/03/2013, covering further briefing; if they are unable to agree, they may file separate proposed scheduling orders by the same date. (ad) (Entered: 06/18/2013)
2013-06-20	40	REPLY to opposition to motion re 31 MOTION for Summary Judgment filed by NATIONAL CANCER INSTITUTE, NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES, NATIONAL INSTITUTES OF HEALTH, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Bryce, Peter) (Entered: 06/20/2013)
2013-07-12	41	ORDER granting Defendants' 31 Motion for Summary Judgment. Signed by Judge James E. Boasberg on 7/12/13. (lcjeb4) (Entered: 07/12/2013)
2013-07-12	42	MEMORANDUM OPINION to 41 Order. Signed by Judge James E. Boasberg on 7/12/13. (lcjeb4) (Entered: 07/12/2013)
2013-07-12	43	CLERK'S JUDGMENT in favor of Defendants against Plaintiff. 41 Order and 42 Memorandum Opinion signed by Judge James E. Boasberg on 7/12/2013. (tg, ) (Entered: 07/12/2013)
Hide Docket Events