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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)
2021-12-1310Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 12/13/2021)
2021-12-14MINUTE ORDER. The parties shall file an additional Joint Status Report by February 10, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/14/2021. (Entered: 12/14/2021)
2022-02-1011Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 02/10/2022)
2022-02-11MINUTE ORDER. The parties shall file an additional Joint Status Report by May 11, 2022, and every 90 days thereafter, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 2/11/2022. (lcapm2) (Entered: 02/11/2022)
2022-05-1112Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 05/11/2022)
2022-08-0813NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Diana Valdivia (Tepe, Sean) (Entered: 08/08/2022)
2022-08-1014Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 08/10/2022)
2022-11-0915Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 11/09/2022)
2023-02-0716Joint STATUS REPORT by AMERICAN TRANSPARENCY. (Orfanedes, Paul) (Entered: 02/07/2023)
2023-05-0817Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 05/08/2023)
2023-08-0718Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Tepe, Sean) (Entered: 08/07/2023)
2023-10-2319NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Sean M. Tepe (Eckrote, Kaitlin) (Entered: 10/23/2023)
2023-11-0620Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Eckrote, Kaitlin) (Entered: 11/06/2023)
2023-11-0721ORDER entering the briefing schedule proposed in the parties' 20 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before January 26, 2024; (2) Plaintiffs Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is due on or before March 11, 2024; (3) Defendant's Reply in Support of Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment is due on or before April 10, 2024; and (4) Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment is due on or before April 24, 2024. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/7/23. (lcapm2) (Entered: 11/07/2023)
2024-01-0422Consent MOTION for Extension of Time to File Motion for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 01/04/2024)
2024-01-0523ORDER granting 22 Consent Motion for Extension of Time to File Motion for Summary Judgment. Defendant's Motion for Summary Judgment shall be due by February 23, 2024, Plaintiff's Opposition and Cross-Motion for Summary Judgment shall be due by March 25, 2024, Defendant's Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be due by April 24, 2024, and Plaintiff's Reply shall be due by May 8, 2024. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 1/5/24. (lcapm2) (Entered: 01/05/2024)
2024-01-05Set/Reset Deadlines: Summary Judgment motions due by 2/23/2024. Response to Motion for Summary Judgment/Cross motions due by 3/25/2024. Reply to Motion for Summary Judgment/Response to Cross motions due by 4/24/2024. Reply to Cross Motions due by 5/8/2024. (smc) (Entered: 01/05/2024)
2024-02-2324MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Garcia-Malene Declaration, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit Freire Declaration, # 8 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 02/23/2024)
2024-03-2025Unopposed MOTION for Extension of Time to File Summary Judgment Opposition and Cross-Motion by AMERICAN TRANSPARENCY. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 03/20/2024)
2024-03-2126ORDER granting Plaintiff's 25 Unopposed Motion for Extension of Time. Plaintiff's opposition to Defendant's Motion for Summary Judgment and any Cross-Motion shall be due by April 25, 2024, Defendant's Reply and Cross-Motion Opposition shall be due by May 24, 2024, and Plaintiff's Reply shall be due by June 7, 2024. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 3/21/24. (lcapm2) (Entered: 03/21/2024)
2024-03-21Set/Reset Deadlines: Plaintiff's opposition to Defendant's Motion for Summary Judgment and any Cross-Motion shall be due by April 25, 2024, Defendant's Reply and Cross-Motion Opposition shall be due by May 24, 2024, and Plaintiff's Reply shall be due by June 7, 2024. (znbn) (Entered: 03/21/2024)
2024-04-2327Memorandum in opposition to re 24 Motion for Summary Judgment, filed by AMERICAN TRANSPARENCY. (Attachments: # 1 Statement of Facts, # 2 Declaration of Amber Todoroff with Exhibits, # 3 Text of Proposed Order)(Orfanedes, Paul) (Entered: 04/23/2024)
2024-04-2328Cross MOTION for Summary Judgment by AMERICAN TRANSPARENCY. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration Amber Todoroff with Exhibits, # 4 Text of Proposed Order)(Orfanedes, Paul) (Entered: 04/23/2024)
2024-05-0629Consent MOTION for Extension of Time to File Response/Reply as to 28 Cross MOTION for Summary Judgment , 24 MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 05/06/2024)
2024-05-07MINUTE ORDER granting Defendant's 29 Consent Motion for Extension of Time. Defendant's response shall be due by June 24, 2024. Signed by Judge Amit P. Mehta on 5/7/24. (lcapm2) (Entered: 05/07/2024)
2024-05-09Set/Reset Deadlines/Hearings: Response to 28 due by 6/24/2024. (zcdw) (Entered: 05/09/2024)
2024-06-1430Consent MOTION for Extension of Time to File Response/Reply as to 28 Cross MOTION for Summary Judgment , 24 MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 06/14/2024)
2024-06-17MINUTE ORDER granting 30 Consent Motion for an Extension of Time. Defendant's reply in support of its Motion for Summary Judgment and opposition to Plaintiff's cross-motion shall be due by August 8, 2024. Plaintiff's reply in support of its cross-motion shall be due by August 22, 2024. Signed by Judge Amit P. Mehta on 6/17/24. (lcapm2) (Entered: 06/17/2024)
2024-06-18Set/Reset Deadlines: Defendant's Reply in support of its Motion for Summary Judgment due by 8/8/2024. Plaintiff's reply in support of its cross motion due by 8/22/2024. (zakb) (Entered: 06/18/2024)
2024-07-2931Consent MOTION for Extension of Time to File Response/Reply as to 28 Cross MOTION for Summary Judgment , 24 MOTION for Summary Judgment by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 07/29/2024)
2024-07-30MINUTE ORDER granting Defendant's 31 Consent Motion for Extension of Time. Defendant's Reply in Support of its Motion for Summary Judgment and Opposition to Plaintiff's Cross-Motion for Summary Judgment shall be due by August 29, 2024, and Plaintiff's Cross-Motion Reply shall be due by September 12, 2024. Signed by Judge Amit P. Mehta on 7/30/24. (lcapm2) (Entered: 07/30/2024)
2024-08-01Set/Reset Deadlines/Hearings: Defendant's Reply in support of Motion for Summary Judgment due by 8/29/2024. Plaintiff's Reply in support due by 9/12/2024. (zakb) (Entered: 08/01/2024)
2024-08-2932RESPONSE re 28 Cross MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Exhibit)(Eckrote, Kaitlin) (Entered: 08/29/2024)
2024-08-2933REPLY to opposition to motion re 24 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Exhibit)(Eckrote, Kaitlin) (Entered: 08/29/2024)
2024-09-0934Unopposed MOTION for Extension of Time to File Response/Reply by AMERICAN TRANSPARENCY. (Attachments: # 1 Text of Proposed Order)(Orfanedes, Paul) (Entered: 09/09/2024)
2024-09-10MINUTE ORDER granting 34 Unopposed Motion for Extension of Time. Plaintiff's Reply in Support of its Cross-Motion for Summary Judgment shall be due by October 12, 2024. Signed by Judge Amit P. Mehta on 9/10/2024. (lcapm2) (Entered: 09/10/2024)
2024-09-13Set/Reset Deadlines: Plaintiff's Reply in support of Cross Motion for Summary Judgment due by 10/12/2024. (zakb) (Entered: 09/13/2024)
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