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Case TitleCivil Beat Law Center for the Public Interest, Inc. v. Centers for Disease Control & Prevention
DistrictDistrict of Hawaii
CityHawaii
Case Number1:2016cv00008
Date Filed2016-01-07
Date Closed2016-08-30
JudgeCHIEF JUDGE J. MICHAEL SEABRIGHT
PlaintiffCivil Beat Law Center for the Public Interest, Inc.
Case DescriptionCivil Beat Law Center for the Public Interest submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning an inspection conducted by the agency of the biolabs at the University of Hawaii at Manoa. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes), citing the Public Health Security and Bioterrorism Preparedness and Response Act. The Center appealed the agency's decision and the agency upheld its denial. The Center then filed suit, arguing that the relevant provisions of the Bioterrorism Act required the agency to redact only protected information, not entire records.
Complaint issues: Litigation - Segregability analysis, Litigation - Attorney's fees

DefendantCenters for Disease Control & Prevention
AppealNinth Circuit 16-16960
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [53]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-01-071COMPLAINT against Centers for Disease Control & Prevention ( Filing fee $ 400 receipt number 0975-1652674.), filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Black, Robert) (Entered: 01/07/2016)
2016-01-072Summons (Proposed) (Black, Robert) (Entered: 01/07/2016)
2016-01-073NOTICE of Case Assignment to CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT and U.S. MAGISTRATE JUDGE KEVIN S.C. CHANG. Please reflect Civil case number CV 16-00008-JMS-KSC on all further pleadings . (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (Entered: 01/07/2016)
2016-01-074Corporate Disclosure Statement by Civil Beat Law Center for the Public Interest, Inc.. (Black, Robert) (Entered: 01/07/2016)
2016-01-075Order Setting Rule 16 Scheduling Conference for 09:00AM on 4/11/2016 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Attachments: # 1 Corporate Disclosure Memo) Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 1/7/2016. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT. (Entered: 01/07/2016)
2016-01-076SUMMONS IN A CIVIL ACTION - Issued as to Centers for Disease Control & Prevention, U.S. Attorney and U.S. Attorney General. (afc) (Entered: 01/07/2016)
2016-01-077CIVIL Waiver of Service Packet: (Attachments: NOTICE to Parties regarding service pursuant to Fed.R.Civ.P. 4 and: # 1 AO 398 form: Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 form: Waiver of the Service of Summons) (afc) (Entered: 01/07/2016)
2016-01-298SUMMONS Returned Executed by Civil Beat Law Center for the Public Interest, Inc.. Centers for Disease Control & Prevention served on 1/13/2016, answer due 3/14/2016. (Black, Robert) (Entered: 01/29/2016)
2016-02-129ANSWER to 1 Complaint, Defendant United States of America's Answer to Complaint; Certificate of Service by Civil Beat Law Center for the Public Interest, Inc..(Moriyama, Rachel) (Entered: 02/12/2016)
2016-03-2510REPORT of Planning Meeting . (Attachments: # 1 Certificate of Service Certificate of Service)(Black, Robert) (Entered: 03/25/2016)
2016-04-0411Scheduling Conference Statement . (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 04/04/2016)
2016-04-0512Scheduling Conference Statement DEFENDANT'S RULE 16 SCHEDULING CONFERENCE STATEMENT; CERTIFICATE OF SERVICE . (Moriyama, Rachel) (Entered: 04/05/2016)
2016-04-1113EP: Rule 16 Scheduling Conference held on 4/11/2016. A Rule 16 scheduling Order will be issued and filed. Non Jury Trial set for 4/11/2017 at 09:00 AM before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 2/28/2017 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Settlement Conference set for 1/11/2017 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Status Conference set for 5/18/2016 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. File Dispositive Motions by 11/9/2016. Discovery Deadline 2/10/2017. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 04/12/2016)
2016-04-1214RULE 16 SCHEDULING ORDER: Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 4/12/2016. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/12/2016)
2016-05-1115MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service Rachel S. Moriyama appearing for Defendant Centers for Disease Control & Prevention (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Declaration of Bruno Viana, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Declaration of Dr. Daniel M. Sosin)(Moriyama, Rachel) (Entered: 05/11/2016)
2016-05-1116CONCISE STATEMENT in Support re 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service Defendant's Concise Statement of Facts in Support of Motion for Summary Judgment; Certificate of Service filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 05/11/2016)
2016-05-1117EO: Status Conference set for 5/18/2016 before Magistrate Judge Kevin Chang is hereby vacated. Motion for Summary Judgment on behalf of Defendant Centers for Disease Control and Prevention was filed today. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/11/2016)
2016-05-1218NOTICE of Hearing on Motion: 15 Defendant's Motion for Summary Judgment set for 7/5/2016 at 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 05/12/2016)
2016-05-2019EO: By letter dated May 20, 2016, Defendant seeks a continuance of the briefing schedule and July 5, 2016 hearing on its Motion for Summary Judgment. For the reasons set forth in the letter, the request is GRANTED in part. The July 5, 2016 hearing is continued to July 18, 2016 at 11:00 a.m. Plaintiff's Opposition is due June 23, 2016, and Defendant's optional Reply is due July 5, 2016. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tl, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/20/2016)
2016-05-2020Letter addressed to Chief Judge J. Michael Seabright from Rachel S. Moriyama, AUSA, dated May 20, 2016 Re: Request for new hearing date for Defendant's Motion for Summary Judgment, currently set for July 5, 2016, re 19 . (emt, ) (Entered: 05/20/2016)
2016-06-2321Counter MOTION for Summary Judgment Robert B. Black appearing for Plaintiff Civil Beat Law Center for the Public Interest, Inc. (Attachments: # 1 Memorandum Combined Memorandum in Support of Counter Motion for Summary Judgment and in Opposition to Motion for Summary Judgment [Dkt. 15], # 2 Declaration Declaration of R. Brian Black, # 3 Exhibit Exhibit 1 - Select Agent List, # 4 Exhibit Exhibit 2 - BSL-3 Verification Policy Statement, # 5 Exhibit Exhibit 3 - Excerpts from BMBL, # 6 Exhibit Exhibit 4 - UH Institutional Biosafety Committee, # 7 Exhibit Exhibit 5 - BSL-3 Biocontainment Core NIH Grant, # 8 Exhibit Exhibit 6 - UH Dep't of Tropical Medicine, Medical Microbiology & Pharmacology Facilities, # 9 Exhibit Exhibit 7 - DHHS Organizational Chart, # 10 Exhibit Exhibit 8 - Lehrer NIH Grant, # 11 Exhibit Exhibit 9 - Walpita NIH Grant, # 12 Exhibit Exhibit 10 - Hoang NIH Grant, # 13 Exhibit Exhibit 11 - Hoang NIH Grant, # 14 Exhibit Exhibit 12 - Nichols NIH Grant, # 15 Exhibit Exhibit 13 - Douglas webpage, # 16 Exhibit Exhibit 14 - Jameson webpage, # 17 Exhibit Exhibit 15 - Excerpts from NSTC Fast Track Action Committee Report, # 18 Exhibit Exhibit 16 - White House Memorandum, # 19 Exhibit Exhibit 17 - 11/30/15 CDC Letter to Alison Young, # 20 Certificate of Service)(Black, Robert) (Entered: 06/23/2016)
2016-06-2322CONCISE STATEMENT of Facts re 21 Counter MOTION for Summary Judgment , and RESPONSE to Defendant's 16 Concise Statement in Support of Motion for Summary Judgment - filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) Docket text entry modified on 6/24/2016 (afc). (Entered: 06/23/2016)
2016-06-2923NOTICE of Hearing on Motion 21 Plaintiff's Counter Motion for Summary Judgment is set for 7/18/2016 at 11:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. (Entered: 06/29/2016)
2016-07-0524REPLY re 21 Counter MOTION for Summary Judgment Defendant's Combined Memorandum In Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's Counter Motion for Summary Judgment; Supplemental Declaration of Bruno Viana; Exhibits 1 - 2; Certification of Word Count; Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Supplemental Declaration of Bruno Viana, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Certification of Word Count)(Moriyama, Rachel) (Entered: 07/05/2016)
2016-07-0525RESPONSE re 22 Concise Statement of Facts, Defendant's Response to Plaintiff's Concise Statement of Facts in Support of Counter Motion for Summary Judgment filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 07/05/2016)
2016-07-1126REPLY re 21 Counter MOTION for Summary Judgment filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Declaration Reply Declaration of R. Brian Black, # 2 Exhibit Exhibit 18 - CDCzilla Directory, # 3 Exhibit Exhibit 19 - About Govzilla, # 4 Exhibit Exhibit 20 - Results FedSmith Federal Pay Database, # 5 Exhibit Exhibit 21 - FedSmith Data Source, # 6 Certificate of Service Certification of Word Count, # 7 Certificate of Service)(Black, Robert) (Entered: 07/11/2016)
2016-07-1827EP: Hearing on 15 Defendant's Motion for Summary Judgment and 21 Plaintiff's Counter Motion for Summary Judgment held. Oral arguments heard. Parties shall submit a statement regarding their position regarding the applicability of FOIA amendments by 7/22/2016. 15 Defendant's Motion for Summary Judgment - TAKEN UNDER ADVISEMENT. 21 Plaintiff's Counter Motion for Summary Judgment - TAKEN UNDER ADVISEMENT. Court will issue written order or request an in camera review. (Court Reporter Cynthia Fazio.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 07/18/2016)
2016-07-1828STATEMENT re 21 Counter MOTION for Summary Judgment , 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) (Entered: 07/18/2016)
2016-07-1929STATEMENT Defendant's Statement Regarding Applicability of 2016 FOIA Amendments; Certificate of Service filed by Centers for Disease Control & Prevention. (Moriyama, Rachel) (Entered: 07/19/2016)
2016-07-2030ORDER REQUIRING SUPPLEMENTAL DECLARATIONS AND ALLOWING SUPPLEMENTAL BRIEFING. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 7/20/2016. (afc) The court orders the CDC to provide further supplemental declarations; supplemental declarations must be filed by August 3, 2016. re: 21 CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. (Entered: 07/20/2016)
2016-08-0331RESPONSE re 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service Defendant's Response to Court's July 20, 2016 Order Requiring Supplemental Declarations and Allowing Supplemental Briefing (Doc. 30) and Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Declaration Second Supplemental Declaration of Bruno Viana, # 2 Declaration Supplemental Declaration of Dr. Daniel M. Sosin, # 3 Declaration of Caroline McDonald, # 4 Declaration of Cheri Gatland-Lightner)(Moriyama, Rachel) Modified on 8/3/2016 to link to 30 (eps ). (Entered: 08/03/2016)
2016-08-1032SUPPLEMENTAL MEMORANDUM in Support re 21 Counter MOTION for Summary Judgment, and in OPPOSITION to 15 MOTION for Summary Judgment Defendant's Motion for Summary Judgment; Memorandum in Support of Motion for Summary Judgment; Declaration of Bruno Viana; Exhibits A-F; Declaration of Dr. Daniel M. Sosin; Certificate of Service filed by Civil Beat Law Center for the Public Interest, Inc.. (Attachments: # 1 Certificate of Service)(Black, Robert) Docket text entry modified on 8/11/2016 (afc). (Entered: 08/10/2016)
2016-08-1533EO: Defendant Centers for Disease Control and Prevention's ("CDC") response to the court's July 20, 2016 order declared for the first time that "[t]he section of the document identified as an 'inspection report' with the heading 'Attachment 1: BSL-3/ABSL-3 Initial HVAC Verification Policy' (Doc. No. 24-2 at PageID#s 294-96) is available to the public on the Federal Select Agent Program website." Doc. No. 31-2, Second Supp. Decl. of Daniel M. Sosin 12. In response, Plaintiff argues that "[t]he CDC apparently concedes that it improperly redacted the identity of personnel referenced in Attachment 1 to the inspection report." Doc. No. 32 at 13. Based on the current record, the court is inclined to agree with Plaintiff as to the CDC's redactions on PageID# 296 made pursuant to FOIA Exemption 6. That is, according to the CDC's own declaration, it appears that the information on Page ID# 296 redacted pursuant to FOIA Exemption 6 has been made publicly available on the Federal Select Agent Program website. The court recognizes, however, that the CDC has not had an opportunity to respond to Plaintiff's allegations. Accordingly, the CDC is ordered to explain why the court should not grant Plaintiff's motion as to the redactions on PageID# 296 made pursuant to FOIA Exemption 6 no later than August 17, 2016. Briefing is limited to three pages and no extension will be granted. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/15/2016)
2016-08-1734RESPONSE re 33 : Defendant's Response to Court's August 15, 2016 Minute Order (Doc. No. 33); Exhibit "3"; Certificate of Service filed by Centers for Disease Control & Prevention. (Attachments: # 1 Exhibit 3)(Moriyama, Rachel) Docket text entry modified on 8/17/2016: extraneous text and punctuation deleted. (afc). (Entered: 08/17/2016)
2016-08-3035ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 15 ; AND (2) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S COUNTER-MOTION FOR SUMMARY JUDGMENT 21 . Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 8/30/2016. (afc) "The CDC is ordered to produce to Plaintiff a properly redacted version of Page ID# 296 by September 12, 2016. The Clerk of Court is ordered to close this case." Page ID# 296: See doc. 24 -2 (Exhibit 1 to CDC's Reply re: Counter Motion for SJ) Order follows hearing held July 18, 2016 on SJ motions. Minutes of hearing: 27 . CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/30/2016)
2016-08-3036JUDGMENT IN A CIVIL CASE re: ORDER 35 . (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/30/2016)
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by FOIA Project Staff