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Case TitleZIRVI v. UNITED STATES NATIONAL INSTITUTE OF HEALTH et al
DistrictDistrict of New Jersey
CityTrenton
Case Number3:2020cv07648
Date Filed2020-06-23
Date ClosedOpen
JudgeJudge Michael A. Shipp
PlaintiffMONIB ZIRVI MD, PH.D
Case DescriptionMonib Zirvi, a co-inventor on a patent application, submitted a FOIA request to the National Institutes of Health, the National Institutes of Standards and Technology, and U.S. Patent and Trademark Office for records concerning communications between agency officials and Illumina officials. The agencies acknowledged receipt of the requests. Zirvi received some redacted records from agencies, while others denied his requests under Exemption 4 (confidential business information) and Exemption 5 (privileges). Zirvi filed administrative appeals but after hearing nothing further from any of the agencies, Zirvi filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES NATIONAL INSTITUTE OF HEALTH
DefendantUNITED STATES NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY
DefendantUNITED STATES PATENT AND TRADEMARK OFFICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
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Complaint attachment 11
Complaint attachment 12
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Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Complaint attachment 20
Complaint attachment 21
Complaint attachment 22
Complaint attachment 23
Complaint attachment 24
Complaint attachment 25
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-231COMPLAINT against UNITED STATES NATIONAL INSTITUTE OF HEALTH, UNITED STATES NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY, UNITED STATES PATENT AND TRADEMARK OFFICE ( Filing and Admin fee $ 400 receipt number ANJDC-10977960), filed by MONIB ZIRVI. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Civil Cover Sheet)(SPIRO, JASON) (Entered: 06/23/2020)
2020-06-23CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS . It was selected that this case has been filed AGAINST the Plaintiff . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) (Entered: 06/23/2020)
2020-06-23Judge Michael A. Shipp and Magistrate Judge Douglas E. Arpert added. (mg) (Entered: 06/23/2020)
2020-06-232NOTICE of Appearance by THOMAS MICHAEL KENNY on behalf of Monib Zirvi (KENNY, THOMAS) (Entered: 06/23/2020)
2020-06-233SUMMONS ISSUED as to UNITED STATES NATIONAL INSTITUTE OF HEALTH, UNITED STATES NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY, UNITED STATES PATENT AND TRADEMARK OFFICE. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg) (Entered: 06/23/2020)
2020-07-024MOTION for Leave to Appear Pro Hac Vice Timothy M. Kolman by MONIB ZIRVI. (Attachments: # 1 Declaration of Jason C. Spiro, # 2 Declaration of Timothy M. Kolman, # 3 Text of Proposed Order to Admit Timothy M. Kolman Pro Hac Vice)(SPIRO, JASON) (Entered: 07/02/2020)
2020-07-02Set Deadlines as to 4 MOTION for Leave to Appear Pro Hac Vice Timothy M. Kolman . Motion set for 8/3/2020 before Magistrate Judge Douglas E. Arpert. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) (Entered: 07/02/2020)
2020-07-225AMENDED DOCUMENT by MONIB ZIRVI. Amendment to 4 MOTION for Leave to Appear Pro Hac Vice Timothy M. Kolman Revised Declaration of Timothy M. Kolman . (SPIRO, JASON) (Entered: 07/22/2020)
2020-07-236Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants NIH, NIST, and USPTO. Attorney KRISTIN LYNN VASSALLO for UNITED STATES NATIONAL INSTITUTE OF HEALTH,KRISTIN LYNN VASSALLO for UNITED STATES NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY,KRISTIN LYNN VASSALLO for UNITED STATES PATENT AND TRADEMARK OFFICE added. (Attachments: # 1 Certificate of Service)(VASSALLO, KRISTIN) (Entered: 07/23/2020)
2020-07-237ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Timothy Kolman. Signed by Magistrate Judge Douglas E. Arpert on 7/23/2020. (jmh) (Entered: 07/23/2020)
2020-07-23Clerk`s Text Order - The document 6 Application for Clerk's Order to Ext Answer/Proposed Order, submitted by UNITED STATES PATENT AND TRADEMARK OFFICE, UNITED STATES NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY, UNITED STATES NATIONAL INSTITUTE OF HEALTH has been GRANTED. The answer due date has been set for 8/10/2020. (jem) (Entered: 07/23/2020)
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by FOIA Project Staff
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