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Case TitleAMERICAN TRANSPARENCY v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02821
Date Filed2021-10-25
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffAMERICAN TRANSPARENCY
doing business as OPENTHEBOOKS.COM
Case DescriptionAmerican Transparency submitted a FOIA request to the National Institute of Health for records concerning the employment contract for Anthony Fauci, including any confidentiality or conflict documents. The agency acknowledged receipt of the request. The agency located and disclosed 51 pages. American Transparency submitted a second FOIA request for ethics records pertaining to Fauci. The agency told American Transparency that it was combining the second request with the first request. American Transparency then filed a third FOIA request for records concerning royalties paid to current and past NIH employees for work done when they were federal employees. After hearing nothing further from the agency, American Transparency filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
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

2021-10-251COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8820898) filed by AMERICAN TRANSPARENCY, D/B/A/ OPENTHEBOOKS.COM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney for DC, # 3 Summons for US Attorney General, # 4 Summons for U.S. Department of Health and Human Services)(Orfanedes, Paul) (Entered: 10/25/2021)
2021-10-252LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN TRANSPARENCY, D/B/A/ OPENTHEBOOKS.COM (Orfanedes, Paul) (Entered: 10/25/2021)
2021-10-26Case Assigned to Judge Amit P. Mehta. (znmg) (Entered: 10/26/2021)
2021-10-263SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 10/26/2021)
2021-11-024RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/28/2021. Answer due for ALL FEDERAL DEFENDANTS by 11/27/2021. (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 11/02/2021)
2021-11-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/02/21. (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 11/02/2021)
2021-11-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/1/2021 (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 11/02/2021)
2021-11-297NOTICE of Appearance by Diana Viggiano Valdivia on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Valdivia, Diana) (Entered: 11/29/2021)
2021-11-298ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Valdivia, Diana) (Entered: 11/29/2021)
2021-11-299ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before December 13, 2021. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See attached Order for details. Signed by Judge Amit P. Mehta on 11/29/2021. (lcapm2) (Entered: 11/29/2021)
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by FOIA Project Staff
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