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Case TitleInformed Consent Action Network v. National Institutes of Health
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv07331
Date Filed2021-08-31
Date Closed2022-02-10
JudgeJudge Lewis J. Liman
PlaintiffInformed Consent Action Network
Case DescriptionThe Informed Consent Action Network submitted a FOIA request to the National Institute 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. ICAN also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantNational Institutes of Health
DefendantNational Institutes of Health
TERMINATED: 02/10/2022
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-311COMPLAINT against National Institutes of Health. (Filing Fee $ 402.00, Receipt Number ANYSDC-25006352)Document filed by Informed Consent Action Network. (Attachments: # 1 Exhibit Exhibit A.1 FOIA Request, # 2 Exhibit Exhibit A.2 Confirmation of Submission, # 3 Exhibit Exhibit A.3 Acknowledgement).(Siri, Aaron) (Entered: 08/31/2021)
2021-08-312CIVIL COVER SHEET filed..(Siri, Aaron) (Entered: 08/31/2021)
2021-08-313REQUEST FOR ISSUANCE OF SUMMONS as to National Institutes of Health, re: 1 Complaint,. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 08/31/2021)
2021-08-314STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:21-cv-07288. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 08/31/2021)
2021-09-01***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Aaron Siri to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Related case number and judge was not noted on the first page of the civil cover sheet. (pc) (Entered: 09/01/2021)
2021-09-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) (Entered: 09/01/2021)
2021-09-01Case Designated ECF. (pc) (Entered: 09/01/2021)
2021-09-01CASE REFERRED TO Judge Lewis J. Liman as possibly related to 21cv7288. (pc) (Entered: 09/01/2021)
2021-09-015ELECTRONIC SUMMONS ISSUED as to National Institutes of Health..(pc) (Entered: 09/01/2021)
2021-09-016CIVIL COVER SHEET filed..(Siri, Aaron) (Entered: 09/01/2021)
2021-09-01CASE ACCEPTED AS RELATED. Create association to 1:21-cv-07288-LJL. Notice of Assignment to follow. (vba) (Entered: 09/01/2021)
2021-09-01NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (vba) (Entered: 09/01/2021)
2021-09-01Magistrate 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 . (vba) (Entered: 09/01/2021)
2021-09-177NOTICE 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 for 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)
2021-09-278MOTION for Gabrielle G. Palmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25117071. 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. 8 MOTION for Gabrielle G. Palmer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25117071. 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)
2021-09-289ORDER granting 8 Motion for Gabrielle G. Palmer to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (mf) (Entered: 09/28/2021)
2021-10-0110NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of National Institutes of Health..(Sun, Anthony) (Entered: 10/01/2021)
2021-10-0111JOINT 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)
2021-10-0112MEMO ENDORSEMENT on re: 11 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)
2021-10-0513AFFIDAVIT 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)
2021-10-1214LETTER 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)
2021-10-1315ANSWER to 1 Complaint,. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 10/13/2021)
2021-10-2216LETTER 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)
2021-10-2517MEMO ENDORSEMENT on re: (15 in 1:21-cv-07288-LJL) Letter filed by National Institutes of Health, (16 in 1:21-cv-07331-LJL) Letter filed by National Institutes of Health. ENDORSEMENT: The request is GRANTED. The parties are directed to submit a further status update on or before October 29, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/25/2021) (va) (Entered: 10/25/2021)
2021-10-2918LETTER addressed to Judge Lewis J. Liman from AUSA Anthony J. Sun dated 10/29/2021 re: status update. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 10/29/2021)
2021-11-0119MEMO ENDORSEMENT on re: (18 in 1:21-cv-07331-LJL) Letter filed by National Institutes of Health, (17 in 1:21-cv-07288-LJL) Letter filed by National Institutes of Health. ENDORSEMENT: The request is GRANTED. The parties are directed to submit a status update on or before November 5, 2021. The conference scheduled for November 3, 2021 is rescheduled to November 12, 2021 at 10:00 a.m. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. SO ORDERED. ( Initial Conference set for 11/12/2021 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/1/2021) (va) (Entered: 11/01/2021)
2021-11-0520NOTICE OF APPEARANCE by David Eli Farber on behalf of National Institutes of Health..(Farber, David) (Entered: 11/05/2021)
2021-11-0521LETTER addressed to Judge Lewis J. Liman from AUSA Anthony J. Sun dated 11/5/2021 re: status update. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 11/05/2021)
2021-11-0822MEMO ENDORSEMENT on re: (20 in 1:21-cv-07288-LJL) Letter filed by National Institutes of Health, (21 in 1:21-cv-07331-LJL) Letter filed by National Institutes of Health. ENDORSEMENT: The request is GRANTED. The parties are permitted to submit a further status update before the conference on November 12, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/8/2021) (jca) (Entered: 11/08/2021)
2021-11-1223LETTER addressed to Judge Lewis J. Liman from Gabrielle G. Palmer dated 11/11/2021 re: Letter in Advance of November 12 Conference. Document filed by Informed Consent Action Network..(Palmer, Gabrielle) (Entered: 11/12/2021)
2021-11-12Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference held on 11/12/2021 by Telephone Conference. Gabrielle Palmer present by telephone for Plaintiff. Anthony Sun and David Farber present by telephone for Defendant. Court reporter present by telephone. Next Telephonic Status Conference set for February 15, 2022 at 3:00PM before Judge Lewis J. Liman. (mf) (Entered: 11/16/2021)
2021-11-1524ORDER: The following briefing schedule is hereby ORDERED for the FOIA request at issue in 21-cv-7331: Defendant's motion is due by January 10, 2022. Plaintiff's response and its own motion are due on January 24, 2022. Defendant's reply and its response to Plaintiffs motion are due by January 31, 2022. Plaintiff's reply is due by February 7, 2022. The following production schedule is hereby ORDERED with respect to the FOIA request at issue in 21-cv-7288: Production shall be completed by February 11, 2022. The Vaughn index is due by February 18, 2022. The next conference is scheduled for February 15, 2022 at 3:00 p.m. and will be held remotely by telephone. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. SO ORDERED.( Motions due by 1/10/2022. Responses due by 1/31/2022. Replies due by 2/7/2022. Telephone Conference set for 2/15/2022 at 03:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/15/2021) (va) (Entered: 11/15/2021)
2022-01-0725CONSENT LETTER MOTION for Extension of Time to file motion for summary judgment addressed to Judge Lewis J. Liman from AUSA Anthony J. Sun dated 1/7/2022. Document filed by National Institutes of Health..(Sun, Anthony) (Entered: 01/07/2022)
2022-01-0826ORDER granting 25 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 01/08/2022)
2022-01-1427SECOND LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Lewis J. Liman from Plaintiff's Counsel, Elizabeth Brehm dated 01/14/2022. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 01/14/2022)
2022-01-1428ORDER granting 27 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 01/14/2022)
2022-02-0129LETTER addressed to Judge Lewis J. Liman from David Farber dated 2/1/2022 re: the parties intention to resolve any remaining issues and submit a proposed stipulation of dismissal with respect to Case No. 21 Civ. 7331. Document filed by National Institutes of Health..(Farber, David) (Entered: 02/01/2022)
2022-02-0230MEMO ENDORSEMENT on re: (29 in 1:21-cv-07331-LJL) Letter, filed by National Institutes of Health. ENDORSEMENT: So ordered. The parties are directed to submit a status letter on Case No. 21-cv-7331 by February 22, 2022. The Clerk of Court is respectfully directed to file this on the docket of Case No. 21-cv-7331. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/2/2022) (va) (Entered: 02/02/2022)
2022-02-0231PROPOSED STIPULATION AND ORDER. Document filed by National Institutes of Health..(Farber, David) (Entered: 02/02/2022)
2022-02-08Magistrate Judge Jennifer Willis is so redesignated. (vba) (Entered: 02/08/2022)
2022-02-1032STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel: 1. Plaintiff hereby releases and discharges NIH and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that Plaintiff asserted, or could have asserted, in this litigation arising out of the FOIA Request. 2. That the above-captioned action is voluntarily 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; 3. ICAN reserves all rights to seek additional documents, whether or not related to this request, through pending or future FOIA requests to the NIH or any other governmental agency as appropriate and nothing herein shall restrict such right; and 4. That this stipulation may be signed in counterparts, and that electronic (PDF) signatures may be deemed originals for all purposes. SO ORDERED. National Institutes of Health terminated. (Signed by Judge Lewis J. Liman on 2/10/2022) (vfr) (Entered: 02/10/2022)
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