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Case TitleInformed Consent Action Network v. Centers for Disease Control and Prevention
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv01453
Date Filed2020-02-19
Date Closed2020-12-14
JudgeJudge Andrew L. Carter, Jr
PlaintiffInformed Consent Action Network
Case DescriptionInformed Consent Network submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning communications sent or received by Frank DiStefano, who was director of the Immunization Safety Office, from employees or representatives of GlaxoSmithKline. The agency acknowledged receipt of the request. The agency located 281 pages and withheld 81 pages in full and 30 pages in part under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Informed Consent Network filed an administrative appeal. After hearing nothing further from the agency, the Informed Consent Network filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCenters for Disease Control and Prevention
Documents
Docket
Complaint
Opinion/Order [8]
Opinion/Order [13]
Opinion/Order [19]
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-191COMPLAINT against Centers for Disease Control and Prevention. (Filing Fee $ 400.00, Receipt Number ANYSDC-18852365)Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 02/19/2020)
2020-02-192CIVIL COVER SHEET filed..(Siri, Aaron) (Entered: 02/19/2020)
2020-02-193REQUEST FOR ISSUANCE OF SUMMONS as to Centers for Disease Control and Prevention, re: 1 Complaint. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 02/19/2020)
2020-02-20CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 02/20/2020)
2020-02-20Magistrate Judge Ona T. Wang 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 02/20/2020)
2020-02-20Case Designated ECF. (pc) (Entered: 02/20/2020)
2020-02-204ELECTRONIC SUMMONS ISSUED as to Centers for Disease Control and Prevention..(pc) (Entered: 02/20/2020)
2020-03-175NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Centers for Disease Control and Prevention..(Issacharoff, Lucas) (Entered: 03/17/2020)
2020-03-176LETTER addressed to Judge Andrew L. Carter, Jr. from Lucas Issacharoff dated 3/17/2020 re: Request for Extension. Document filed by Centers for Disease Control and Prevention..(Issacharoff, Lucas) (Entered: 03/17/2020)
2020-03-177LETTER addressed to Judge Andrew L. Carter, Jr. from Aaron Siri dated March 17, 2020 re: Opposition to Request for Extension. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 03/17/2020)
2020-03-188ORDER re: 6 Letter filed by Centers for Disease Control and Prevention, 7 Letter filed by Informed Consent Action Network. The Court is in receipt of the Parties' letters dated March 17, 2020. ECF No. 6-7. Defendant's request is hereby GRANTED. Defendant shall answer or otherwise respond to the Complaint on or before June 2, 2020. SO ORDERED., Centers for Disease Control and Prevention answer due 6/2/2020. (Signed by Judge Andrew L. Carter, Jr on 3/18/2020) (rj) (Entered: 03/18/2020)
2020-04-289AFFIDAVIT OF SERVICE of Summons and Complaint. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 04/28/2020)
2020-06-0210ANSWER to 1 Complaint. Document filed by Centers for Disease Control and Prevention..(Issacharoff, Lucas) (Entered: 06/02/2020)
2020-06-0411NOTICE OF APPEARANCE by Elizabeth Ann Brehm on behalf of Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 06/04/2020)
2020-06-0512ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Andrew L. Carter, Jr on 6/5/2020) (rj) (Entered: 06/05/2020)
2020-06-1013ORDER: This case arises under the Freedom of Information Action, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than 30 days from the date of this order (i.e., July 10, 2020) and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/10/2020) (jca) (Entered: 06/10/2020)
2020-07-0114JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Elizabeth A. Brehm dated 07/01/2020 re: June 10, 2020 Order (ECF No. 13). Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 07/01/2020)
2020-07-3015LETTER addressed to Magistrate Judge Ona T. Wang from Elizabeth A. Brehm dated July 30, 2020 re: Joint Letter Regarding Need for Discovery or an Initial Conference. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 07/30/2020)
2020-08-1316JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Elizabeth A. Brehm dated August 13, 2020 re: Initial Conference and Discovery. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 08/13/2020)
2020-08-1317MEMO ENDORSEMENT on re: 16 Letter filed by Informed Consent Action Network. ENDORSEMENT: Application Granted. SO ORDERED. (Motions due by 10/7/2020., Responses due by 12/2/2020, Replies due by 12/23/2020.) (Signed by Magistrate Judge Ona T. Wang on 8/13/2020) (rro) (Entered: 08/13/2020)
2020-10-0218JOINT LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Magistrate Judge Ona T. Wang from Lucas Issacharoff dated 10/2/2020. Document filed by Centers for Disease Control and Prevention..(Issacharoff, Lucas) (Entered: 10/02/2020)
2020-10-0519ORDER granting 18 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/5/2020) (rro) (Entered: 10/05/2020)
2020-10-05Set/Reset Deadlines: Cross Motions due by 11/25/2020. Motions due by 10/21/2020. Responses due by 12/9/2020 Replies due by 12/23/2020. (rro) (Entered: 10/05/2020)
2020-10-2020JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Ona T. Wang from Lucas Issacharoff dated 10/20/2020. Document filed by Centers for Disease Control and Prevention..(Issacharoff, Lucas) (Entered: 10/20/2020)
2020-10-2121ORDER granting 20 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 10/21/2020) (rro) (Entered: 10/21/2020)
2020-10-21Set/Reset Deadlines: Cross Motions due by 12/30/2020. Motions due by 11/20/2020. (rro) (Entered: 10/21/2020)
2020-11-2022PROPOSED STIPULATION AND ORDER. Document filed by Centers for Disease Control and Prevention..(Issacharoff, Lucas) (Entered: 11/20/2020)
2020-11-2323STIPULATION AND ORDER: It is hereby Stipulated and Agreed, by and between the parties by and through their respective counsel that: Pursuant to the CDC's representations that (a) for the foregoing constitutes the complete universe of responsive documents (any and all email communications sent to or received from Frank DeStefano, while Director of the Immunization Safety Office, to or from GlaxSmithKline, Sanofi, or Merck & Co. representatives, officers, directors,or employees), (b) discovered after an adequate search, the above captioned action is voluntary dismissed, with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each side to bear its own costs, attorney fees, and expenses; ICAN reserves all rights to seek additional documents, whether or not related to this request, through pending or future FOIA requests to the CDC or any other governmental agency as appropriate and nothing herein shall restrict such right; and 3. This stipulation may be signed in counterparts and electronic (PDF) or fax signatures may be deemed originals for all purposes. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 11/23/2020) (js) (Entered: 11/23/2020)
2020-12-1424ORDER: In light of the Stipulation and Order entered on November 23, 2020, by which the parties agreed to the voluntary dismissal of this matter with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Clerk of Court is respectfully directed to close this case. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 12/14/2020) (js) (Entered: 12/14/2020)
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