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Case TitleInformed Consent Action Network v. National Institutes of Health
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv07288
Date Filed2021-08-30
Date ClosedOpen
JudgeJudge Lewis J. Liman
PlaintiffInformed Consent Action Network
Case DescriptionThe Informed Consent Action Network submitted a FOIA request to the National Institutes of Health for records concerning the identities of qualified staff who reviewed a 2015 report on whether the Wuhan Virology Lab was involved in gain of function, as suggested by Sen. Rand Paul in a Senate hearing. The agency acknowledged receipt of the request but after hearing nothing from the agency, ICAN filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantNational Institutes of Health
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-301COMPLAINT against National Institutes of Health. (Filing Fee $ 402.00, Receipt Number ANYSDC-25000125)Document filed by Informed Consent Action Network. (Attachments: # 1 Exhibit A.1, # 2 Exhibit A.2).(Siri, Aaron) (Entered: 08/30/2021)
2021-08-302CIVIL COVER SHEET filed..(Siri, Aaron) (Entered: 08/30/2021)
2021-08-303RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 08/30/2021)
2021-08-304REQUEST FOR ISSUANCE OF SUMMONS as to National Institutes of Health, re: 1 Complaint. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 08/30/2021)
2021-08-31CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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: 08/31/2021)
2021-08-31Magistrate Judge Kevin Nathaniel Fox 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: 08/31/2021)
2021-08-31Case Designated ECF. (pc) (Entered: 08/31/2021)
2021-08-315ELECTRONIC SUMMONS ISSUED as to National Institutes of Health..(pc) (Entered: 08/31/2021)
2021-09-176NOTICE 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 by TELEPHONE on October 8, 2021, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS FURTHER ORDERED that, by one week prior to conference, the parties jointly submit to the Court a proposed Case Management Plan and Scheduling Order. A template is available at https://www.nysd.uscourts.gov/hon-lewis-j-liman. This document should be filed electronically on ECF, consistent with the Court's Individual Practices in Civil Cases, which are available on the same webpage. Parties should consult the Individual Practices for guidance on the matters to be discussed at the Initial Pretrial Conference and or the Court's rules with respect to communications with Chambers and other procedural matters. So Ordered. Initial Conference set for 10/8/2021 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 9/17/2021) (js) (Entered: 09/17/2021)
2021-09-277MOTION for Gabrielle G. Palmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25117212. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Informed Consent Action Network. (Attachments: # 1 Affidavit Declaration in Support of Pro Hac Motion, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice).(Palmer, Gabrielle) (Entered: 09/27/2021)
2021-09-28>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Gabrielle G. Palmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25117212. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 09/28/2021)
2021-09-288ORDER granting 7 Motion for Gabrielle G. Palmer to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kc) Transmission to Attorney Services/Help Desk. (Entered: 09/28/2021)
2021-10-019NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of National Institutes of Health..(Sun, Anthony) (Entered: 10/01/2021)
2021-10-0110JOINT LETTER addressed to Judge Lewis J. Liman from AUSA Anthony J. Sun dated 10/1/2021 re: letter in advance of October 8 conference. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 10/01/2021)
2021-10-0111MEMO ENDORSEMENT on re: 10 Letter filed by National Institutes of Health. ENDORSEMENT: The request is approved. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/1/2021) (mml) (Entered: 10/04/2021)
2021-10-0512AFFIDAVIT OF SERVICE of Summons and Complaint. National Institutes of Health served on 9/22/2021, answer due 10/13/2021. Service was made by MAIL. Document filed by Informed Consent Action Network. (Attachments: # 1 Exhibit A - Return Receipt Certified Letter to Defendant, # 2 Exhibit B - Return Receipt Certified Letter to Attorney General USA, # 3 Exhibit C - Return Receipt Certified Letter to the Civil Process Clerk US Attorney's Office SDNY).(Palmer, Gabrielle) (Entered: 10/05/2021)
2021-10-07ORDER: The Initial Pretrial Conference previously set for October 8, 2021 is RESCHEDULED to October 12, 2021 at 2:00PM. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 10/07/2021)
2021-10-07Set/Reset Hearings: Initial Conference set for 10/12/2021 at 02:00 PM before Judge Lewis J. Liman. (mf) (Entered: 10/07/2021)
2021-10-1213LETTER addressed to Judge Lewis J. Liman from AUSA Anthony J. Sun dated 10/12/2021 re: status update. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 10/12/2021)
2021-10-12Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 10/12/2021 by Telephone Conference. Gabrielle Palmer and Aaron Siri present by telephone for Plaintiff. Anthony Sun present by telephone for Defendant. Court reporter present by telephone. Next Telephonic Status Conference set for November 3, 2021 at 10:00AM before Judge Lewis J. Liman. (mf) (Entered: 10/14/2021)
2021-10-12Set/Reset Hearings: Initial Conference set for 11/3/2021 at 10:00 AM before Judge Lewis J. Liman. (mf) (Entered: 10/14/2021)
2021-10-1314ANSWER to 1 Complaint. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 10/13/2021)
2021-10-2215LETTER addressed to Judge Lewis J. Liman from AUSA Anthony J. Sun dated 10/22/2021 re: status update. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 10/22/2021)
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by FOIA Project Staff
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