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Case TitleInstitute for Autism Science et al v. Centers for Disease Control and Prevention
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv11947
Date Filed2019-12-31
Date Closed2020-03-02
JudgeJudge Lewis J. Liman
PlaintiffInstitute for Autism Science
PlaintiffInformed Consent Action Network
Case DescriptionThe Institute for Autism Science and the Informed Consent Network submitted FOIA requests to the Centers for Disease Control for records supporting the agency's conclusion that the diphtheria and tetanus vaccine does not cause autism. The agency acknowledged receipt of the requests but after the CDC did not respond, the Institute for Autism Science and the Informed Consent Network filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCenters for Disease Control and Prevention
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-311COMPLAINT against Centers for Disease Control and Prevention. (Filing Fee $ 400.00, Receipt Number ANYSDC-18394850)Document filed by Institute for Autism Science, Informed Consent Action Network. (Attachments: # 1 Exhibit A - CDC Childhood Vaccine Schedule 1983, # 2 Exhibit B - CDC Childhood Vaccine Schedule 2019, # 3 Exhibit C - October 2017 ICAN Letter to HHS, # 4 Exhibit D - January 2018 HHS Response Letter, # 5 Exhibit E - December 2018 ICAN Response, # 6 Exhibit F - Dr. Zimmerman Affidavit, # 7 Exhibit G - Aluminum Adjuvant White Paper)(Siri, Aaron) (Entered: 12/31/2019)
2019-12-312CIVIL COVER SHEET filed. (Siri, Aaron) (Entered: 12/31/2019)
2019-12-313REQUEST FOR ISSUANCE OF SUMMONS as to Centers for Disease Control and Prevention, re: 1 Complaint,,. Document filed by Informed Consent Action Network, Institute for Autism Science. (Siri, Aaron) (Entered: 12/31/2019)
2020-01-02***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Aaron Siri. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant). (dnh) (Entered: 01/02/2020)
2020-01-02CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . (dnh) (Entered: 01/02/2020)
2020-01-02Magistrate 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 . (dnh) (Entered: 01/02/2020)
2020-01-02Case Designated ECF. (dnh) (Entered: 01/02/2020)
2020-01-024ELECTRONIC SUMMONS ISSUED as to Centers for Disease Control and Prevention. (dnh) (Entered: 01/02/2020)
2020-01-035NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on February 21, 2020 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties are directed to submit a joint letter of no more than five pages by February 13, 2020, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. SO ORDERED. (Initial Conference set for 2/21/2020 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/3/20) (yv) (Entered: 01/03/2020)
2020-02-036NOTICE OF APPEARANCE by Zachary Bannon on behalf of Centers for Disease Control and Prevention..(Bannon, Zachary) (Entered: 02/03/2020)
2020-02-037FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE 6 Notice of Appearance) - FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Zachary Bannon dated 2/3/2020. Document filed by Centers for Disease Control and Prevention..(Bannon, Zachary) Modified on 2/25/2020 (db). (Entered: 02/03/2020)
2020-02-04***DELETED DOCUMENT. Deleted document number [No Document Number] Case was assign to Judge Liman by error.. The document was incorrectly filed in this case. (wb) (Entered: 02/05/2020)
2020-02-068FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Zachary Bannon dated 2/6/2020. Document filed by Centers for Disease Control and Prevention..(Bannon, Zachary) (Entered: 02/06/2020)
2020-02-06NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Valerie E. Caproni is no longer assigned to the case. (laq) (Entered: 02/06/2020)
2020-02-109ORDER granting 8 Letter Motion for Extension of Time to Answer re 1 Complaint. Extension GRANTED. The new deadline for defendant to respond to the complaint is February 24, 2020. The pretrial conference is ADJOURNED until March 2, 2020 at 11:30 a.m. (Centers for Disease Control and Prevention answer due 2/24/2020.) (Signed by Judge Lewis J. Liman on 2/10/2020) (rro) (Entered: 02/10/2020)
2020-02-10Set/Reset Hearings: Initial Conference set for 3/2/2020 at 11:30 AM before Judge Lewis J. Liman. (rro) (Entered: 02/10/2020)
2020-02-1010AFFIDAVIT OF SERVICE of Summons and Complaint,,. Document filed by Institute for Autism Science, Informed Consent Action Network..(Siri, Aaron) (Entered: 02/10/2020)
2020-02-2411ANSWER to 1 Complaint,,. Document filed by Centers for Disease Control and Prevention..(Bannon, Zachary) (Entered: 02/24/2020)
2020-02-2412PROPOSED CASE MANAGEMENT PLAN. Document filed by Centers for Disease Control and Prevention..(Bannon, Zachary) (Entered: 02/24/2020)
2020-02-2813PROPOSED STIPULATION AND ORDER. Document filed by Centers for Disease Control and Prevention..(Bannon, Zachary) (Entered: 02/28/2020)
2020-02-2814LETTER MOTION to Adjourn Conference addressed to Judge Lewis J. Liman from Zachary Bannon dated 2/28/2020. Document filed by Centers for Disease Control and Prevention..(Bannon, Zachary) (Entered: 02/28/2020)
2020-03-0215STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel that based on the foregoing, 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, and this stipulation may be signed in counterparts, and that electronic (PDF) or fax signatures may be deemed originals for all purposes. (Signed by Judge Lewis J. Liman on 3/2/2020) (mro) (Entered: 03/02/2020)
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by FOIA Project Staff
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