Skip to content

Case Detail

[Subscribe to updates]
Case TitleThe Innocence Project, Inc. v. National Museum of Health and Medicine et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv01574
Date Filed2019-02-20
Date ClosedOpen
JudgeJudge Alison J. Nathan
PlaintiffThe Innocence Project, Inc.
Case DescriptionThe Innocence Project asked the National Museum of Health and Medicine, operated by the Department of Defense, for permission to visit its archives to research bite-mark analysis. The agency refused permission and the Innocence Project filed FOIA requests with the Museum. After hearing nothing further from the agency, the Innocence Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Museum of Health and Medicine
DefendantDefense Health Agency
DefendantDepartment of Defense
DefendantLaura Cutter Archivist of the National Museum of Health and Medicine, in her official capacity
DefendantDavid Shackelford Curator of the National Museum of Health and Medicine, in his official capacity
DefendantAdrianne Noe Director of the National Museum of Health and Medicine, in her official capacity
DefendantRaquel Bono Director of the Defense Health Agency, in her official capacity
DefendantPatrick Shanahan Acting Secretary of Defense, in his official capacity
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-201FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick M Shanahan. (Filing Fee $ 400.00, Receipt Number ANYSDC-16373833)Document filed by The Innocence Project, Inc.. (Attachments: # 1 Exhibit A-FOIA Request, # 2 Exhibit B-DHA email on 4/20/18, # 3 Exhibit C-DHA email on 6/26/18, # 4 Exhibit D-Innocence Project letter of 2/13/19, # 5 Exhibit E-DHA response of 2/14/19, # 6 Exhibit F-Innocence Project letter on 2/18/19)(Manes, Jonathan) Modified on 2/21/2019 (jgo). (Entered: 02/20/2019)
2019-02-202CIVIL COVER SHEET filed. (Manes, Jonathan) (Entered: 02/20/2019)
2019-02-203FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to National Museum of Health and Medicine; Defense Health Agency; Department of Defense; Laura Cutter; David Shackelford; Adrianne Noe; Raquel Bono; Patrick Shanahan, re: 1 Complaint,,. Document filed by The Innocence Project, Inc.. (Attachments: # 1 Defense Health Agency, # 2 Department of Defense, # 3 Laura Cutter, # 4 David Shackelford, # 5 Adrianne Noe, # 6 Raquel Bono, # 7 Patrick Shanahan)(Manes, Jonathan) Modified on 2/21/2019 (jgo). (Entered: 02/20/2019)
2019-02-204RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 02/20/2019)
2019-02-21***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Matthew Manes. The party information for the following party/parties has been modified: Laura Cutter; David Shackelford; Adrianne Noe; Raquel Bono; Patrick Shanahan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) (Entered: 02/21/2019)
2019-02-21***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Matthew Manes to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 02/21/2019)
2019-02-21***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Matthew Manes. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:552;. (jgo) (Entered: 02/21/2019)
2019-02-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jgo) (Entered: 02/21/2019)
2019-02-21Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 02/21/2019)
2019-02-21Case Designated ECF. (jgo) (Entered: 02/21/2019)
2019-02-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Matthew Manes to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): each Request for Issuance of Summons must be filed separately OR one PDF may be used with a 'rider' attached;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 02/21/2019)
2019-03-055NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, July 19, 2019 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 7/19/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/5/2019) (kv) (Entered: 03/05/2019)
2019-03-066COMPLAINT against Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. Document filed by The Innocence Project, Inc.. (Attachments: # 1 Exhibit Exhibit A - FOIA Request, # 2 Exhibit Exhibit B - DHA Email on 4/20/18, # 3 Exhibit Exhibit C - DHA Email on 6/26/18, # 4 Exhibit Exhibit D - Innocence Project letter of 2/13/19, # 5 Exhibit Exhibit E - DHA Response of 2/14/19, # 6 Exhibit Exhibit F - Innocence Project Letter on 2/18/19)(Manes, Jonathan) (Entered: 03/06/2019)
2019-03-067REQUEST FOR ISSUANCE OF SUMMONS as to National Museum of Health and Medicine, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-068REQUEST FOR ISSUANCE OF SUMMONS as to Defense Health Agency, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-069REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-0610REQUEST FOR ISSUANCE OF SUMMONS as to Laura Cutter, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-0611REQUEST FOR ISSUANCE OF SUMMONS as to David Shackelford, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-0612REQUEST FOR ISSUANCE OF SUMMONS as to Adrianne Noe, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-0613REQUEST FOR ISSUANCE OF SUMMONS as to Raquel Bono, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-0614REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Shanahan, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019)
2019-03-0715ELECTRONIC SUMMONS ISSUED as to National Museum of Health and Medicine. (dnh) (Entered: 03/07/2019)
2019-03-0716ELECTRONIC SUMMONS ISSUED as to Defense Health Agency. (dnh) (Entered: 03/07/2019)
2019-03-0717ELECTRONIC SUMMONS ISSUED as to Department of Defense. (dnh) (Entered: 03/07/2019)
2019-03-0718ELECTRONIC SUMMONS ISSUED as to Laura Cutter. (dnh) (Entered: 03/07/2019)
2019-03-0719ELECTRONIC SUMMONS ISSUED as to David Shackelford. (dnh) (Entered: 03/07/2019)
2019-03-0720ELECTRONIC SUMMONS ISSUED as to Adrianne Noe. (dnh) (Entered: 03/07/2019)
2019-03-0721ELECTRONIC SUMMONS ISSUED as to Raquel Bono. (dnh) (Entered: 03/07/2019)
2019-03-0722ELECTRONIC SUMMONS ISSUED as to Patrick Shanahan. (dnh) (Entered: 03/07/2019)
2019-03-1123ORDER: Due to the Court's calendar, the initial pretrial conference currently scheduled for Friday, July 19, 2019 at 3:30 p.m. is hereby rescheduled to Friday, July 26, 2019 at 3:15 p.m. Initial Conference set for 7/26/2019 at 03:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/11/2019) (kv) (Entered: 03/11/2019)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar