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Case TitleTOBIAS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02809
Date Filed2021-10-22
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffJIMMY TOBIAS
Case DescriptionReporter Jimmy Tobias submitted two FOIA requests to the National Institute of Health. His first FOIA request was for records concerning communications between Anthony Fauci and Kristian Andersen, an associate professor at Scripps Research. The agency acknowledged receipt of the request and located 24 responsive pages. The agency withheld 17 pages entirely under Exemption 6 (invasion of privacy) and redacted portions of the remaining seven pages. Tobias filed an administrative appeal. His second FOIA request was for communications Fauci and Jeremy Farrar, the director of the Wellcome Trust. The agency acknowledged receipt of the request. The agency located 174 responsive pages. The agency withheld 30 pages entirely under Exemption 5 (privileges). The agency redacted portions of the remaining 144 records under Exemption 5, Exemption 6, and Exemption 4 (commercial and confidential). Tobias filed an administrative appeal of the second request. After hearing nothing further from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantNATIONAL INSTITUTES OF HEALTH
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-221COMPLAINT against NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8818009) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit Ex 1-5, # 2 Exhibit Ex 6-11, # 3 Civil Cover Sheet, # 4 Summons)(Wayne, Merrick) (Entered: 10/22/2021)
2021-10-222NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 10/22/2021)
2021-10-223NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 10/22/2021)
2021-10-25Case Assigned to Judge Timothy J. Kelly. (adh, ) (Entered: 10/25/2021)
2021-10-254SUMMONS (4) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 10/25/2021)
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by FOIA Project Staff
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