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Case TitleU.S. RIGHT TO KNOW v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02936
Date Filed2021-11-08
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffU.S. RIGHT TO KNOW
Case DescriptionU.S. Right to Know submitted nine FOIA requests to NIH for records concerning a variety of topics. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, U.S. Right to Know filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2021-11-081COMPLAINT against NATIONAL INSTITUTES OF HEALTH ( Filing fee $ 402 receipt number ADCDC-8851266) filed by U.S. RIGHT TO KNOW. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NIH, # 3 Summons USAG, # 4 Summons USAO)(Sorenson, C.) (Entered: 11/08/2021)
2021-11-08Case Assigned to Judge Tanya S. Chutkan. (zsb) (Entered: 11/08/2021)
2021-11-082SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 11/08/2021)
2021-11-293RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/15/2021. Answer due for ALL FEDERAL DEFENDANTS by 12/15/2021. (Sorenson, C.) (Entered: 11/29/2021)
2021-11-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/15/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 11/16/2021. (See Docket Entry 3 to view document). (znmw) (Entered: 11/30/2021)
2021-12-105NOTICE of Appearance by Thomas Duffey on behalf of NATIONAL INSTITUTES OF HEALTH (Duffey, Thomas) (Entered: 12/10/2021)
2021-12-156Consent MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 12/15/2021)
2021-12-15MINUTE ORDER: Granting Consent 6 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the Complaint by 1/17/22. Signed by Judge Tanya S. Chutkan on 12/15/21. (DJS) (Entered: 12/15/2021)
2021-12-17Set/Reset Deadlines: Answer due by 1/17/2022. (tb) (Entered: 12/17/2021)
2022-01-177Consent MOTION for Extension of Time to File Answer re 1 Complaint, with proposed order by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 01/17/2022)
2022-01-17MINUTE ORDER: Granting 7 Motion for Extension of Time to Answer. Defendant shall answer or otherwise respond to the Complaint by February 17, 2022. Signed by Judge Tanya S. Chutkan on 1/17/22. (DJS) (Entered: 01/17/2022)
2022-01-19Set/Reset Deadlines: Answer due by 2/17/2022. (tb) (Entered: 01/19/2022)
2022-02-108Unopposed MOTION for Leave to File Amended Complaint by U.S. RIGHT TO KNOW. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit Amended Complaint, # 4 Exhibit 101, # 5 Exhibit 102, # 6 Exhibit 103, # 7 Exhibit 104, # 8 Exhibit 105, # 9 Exhibit 106, # 10 Exhibit 107, # 11 Exhibit 108, # 12 Exhibit 109, # 13 Exhibit 110, # 14 Exhibit 111, # 15 Exhibit 112, # 16 Exhibit 113, # 17 Exhibit 114, # 18 Exhibit 115, # 19 Exhibit 116, # 20 Exhibit 117, # 21 Exhibit 118, # 22 Exhibit 119, # 23 Exhibit 120, # 24 Exhibit 121, # 25 Exhibit 122, # 26 Exhibit 123, # 27 Exhibit 124, # 28 Exhibit 125, # 29 Exhibit 126, # 30 Exhibit 127, # 31 Exhibit 128, # 32 Exhibit 129, # 33 Exhibit 130, # 34 Exhibit 131, # 35 Exhibit 132, # 36 Exhibit 133, # 37 Exhibit 134, # 38 Exhibit 135, # 39 Exhibit 136, # 40 Exhibit 137, # 41 Exhibit 138, # 42 Exhibit 139)(Sorenson, C.) Modified event on 2/11/2022 (znmw). (Entered: 02/10/2022)
2022-02-14MINUTE ORDER: Granting Consent 8 Motion for Leave to File Amended Complaint. Signed by Judge Tanya S. Chutkan on 2/14/22. (DJS) (Entered: 02/14/2022)
2022-02-149AMENDED COMPLAINT against NATIONAL INSTITUTES OF HEALTH filed by U.S. RIGHT TO KNOW. (Attachments: # 1 Exhibit 101, # 2 Exhibit 102, # 3 Exhibit 103, # 4 Exhibit 104, # 5 Exhibit 105, # 6 Exhibit 106, # 7 Exhibit 107, # 8 Exhibit 108, # 9 Exhibit 109, # 10 Exhibit 110, # 11 Exhibit 111, # 12 Exhibit 112, # 13 Exhibit 113, # 14 Exhibit 114, # 15 Exhibit 115, # 16 Exhibit 116, # 17 Exhibit 117, # 18 Exhibit 118, # 19 Exhibit 119, # 20 Exhibit 120, # 21 Exhibit 121, # 22 Exhibit 122, # 23 Exhibit 123, # 24 Exhibit 124, # 25 Exhibit 125, # 26 Exhibit 126, # 27 Exhibit 127, # 28 Exhibit 128, # 29 Exhibit 129, # 30 Exhibit 130, # 31 Exhibit 131, # 32 Exhibit 132, # 33 Exhibit 133, # 34 Exhibit 134, # 35 Exhibit 135, # 36 Exhibit 136, # 37 Exhibit 137, # 38 Exhibit 138, # 39 Exhibit 139)(znmw) (Entered: 02/16/2022)
2022-02-2810ANSWER to 9 Amended Complaint,,, by NATIONAL INSTITUTES OF HEALTH.(Duffey, Thomas) (Entered: 02/28/2022)
2022-04-29MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 5/27/22. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/29/22. (DJS) (Entered: 04/29/2022)
2022-05-02Set/Reset Deadlines: Joint Status Report due by 5/27/2022. (tb) (Entered: 05/02/2022)
2022-05-2711Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 05/27/2022)
2022-07-0112Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 07/01/2022)
2022-08-07MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall meet, confer and file another joint report by September 1, 2022, and every 60 days thereafter. To the extent the parties propose a change to the status quo, they shall file a proposed order. Signed by Judge Tanya S. Chutkan on 8/7/22. (DJS) (Entered: 08/07/2022)
2022-08-10Set/Reset Deadlines: Joint Status Report due by 9/1/2022. (tb) (Entered: 08/10/2022)
2022-09-0113Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 09/01/2022)
2022-10-3114Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 10/31/2022)
2023-01-0315Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 01/03/2023)
2023-03-0616Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 03/06/2023)
2023-03-1617MOTION for Order to Establish Record Processing by U.S. RIGHT TO KNOW. (Attachments: # 1 Text of Proposed Order, # 2 Declaration Sorenson, # 3 Declaration Quay, # 4 Declaration Ruskin, # 5 Exhibit 101, # 6 Exhibit 102, # 7 Exhibit 103, # 8 Exhibit 104, # 9 Exhibit 105, # 10 Exhibit 106, # 11 Exhibit 107, # 12 Exhibit 108, # 13 Exhibit 109, # 14 Exhibit 110, # 15 Exhibit 111, # 16 Exhibit 112, # 17 Exhibit 113, # 18 Exhibit 114, # 19 Exhibit 115, # 20 Exhibit 116, # 21 Exhibit 117, # 22 Exhibit 118, # 23 Exhibit 119, # 24 Exhibit 120, # 25 Exhibit 121, # 26 Exhibit 122, # 27 Exhibit 123, # 28 Exhibit 124, # 29 Exhibit 125, # 30 Exhibit 126, # 31 Exhibit 127, # 32 Exhibit 128, # 33 Exhibit 129, # 34 Exhibit 130, # 35 Exhibit 131, # 36 Exhibit 132, # 37 Exhibit 133, # 38 Exhibit 134, # 39 Exhibit 135, # 40 Exhibit 136, # 41 Exhibit 137, # 42 Exhibit 138, # 43 Exhibit 139, # 44 Memorandum in Support)(Sorenson, C.) (Entered: 03/16/2023)
2023-03-2918Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Order to Establish Record Processing with proposed order by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 03/29/2023)
2023-04-03MINUTE ORDER: Defendants' 18 Consent Motion for Extension of Time to File Response/Reply is hereby GRANTED. Defendant shall file its Response no later than May 1, 2023, and Plaintiff shall file its Reply no later than June 22, 2023. Signed by Judge Tanya S. Chutkan on 4/03/2023. (lcja) (Entered: 04/03/2023)
2023-04-06Set/Reset Deadlines: Response due by 5/1/2023. Reply due by 6/22/2023. (tb) (Entered: 04/06/2023)
2023-04-2819Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Order to Establish Record Processing with proposed order by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 04/28/2023)
2023-05-01MINUTE ORDER: Defendants' 19 Consent Motion for Extension of Time to File Response/Reply is hereby GRANTED. Defendant shall file its Response no later than June 1, 2023, and Plaintiff shall file its Reply no later than July 21, 2023. Signed by Judge Tanya S. Chutkan on 5/1/2023. (lcja) (Entered: 05/01/2023)
2023-05-02Set/Reset Deadlines: Response due by 6/1/2023. Reply due by 7/21/2023. (tb) (Entered: 05/02/2023)
2023-05-0820Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 05/08/2023)
2023-05-0821ERRATA Corrected Joint Status Report by NATIONAL INSTITUTES OF HEALTH re 20 Status Report. (Duffey, Thomas) (Entered: 05/08/2023)
2023-05-3122Consent MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Order to Establish Record Processing with proposed order by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 05/31/2023)
2023-06-01MINUTE ORDER: Defendant's 22 Consent Motion for Extension of Time is hereby GRANTED. Defendant shall file its response to Plaintiff's motion to set a processing schedule on or before June 9, 2023. Signed by Judge Tanya S. Chutkan on 06/01/2023. (lcja) (Entered: 06/01/2023)
2023-06-01Set/Reset Deadlines/Hearings: Response to 17 due by 6/9/2023. (zcdw) (Entered: 06/01/2023)
2023-06-0923Memorandum in opposition to re 17 Motion for Order,,,, filed by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Declaration Gorka Garcia-Malene)(Duffey, Thomas) (Entered: 06/09/2023)
2023-07-1024Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 07/10/2023)
2023-07-1725REPLY to opposition to motion re 17 MOTION for Order to Establish Record Processing filed by U.S. RIGHT TO KNOW. (Attachments: # 1 Exhibit 201)(Sorenson, C.) (Entered: 07/17/2023)
2023-07-24MINUTE ORDER: In consideration of Plaintiff's 17 Motion to Establish a Record Processing Order and the parties' responsive briefing, the parties are hereby ORDERED to confer and submit three dates for a status conference in this case to proceed either in-person or telephonically, by no later than August 7, 2023. Signed by Judge Tanya S. Chutkan on 7/24/2023. (lcja) (Entered: 07/24/2023)
2023-07-24Set/Reset Deadlines: Meet & Confer Statement due by 8/7/2023. (lsj) (Entered: 07/24/2023)
2023-08-0426Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 08/04/2023)
2023-08-09MINUTE ORDER: Upon consideration of the parties' 26 Joint Status Report, the court hereby sets a telephonic hearing in this matter for August 11, 2023 at 3 PM. The parties shall be prepared to argue their respective positions on Plaintiff's 17 Motion to Establish Record Processing, and to respond to the court's questions. Signed by Judge Tanya S. Chutkan on 8/9/23. (lcb) (Entered: 08/09/2023)
2023-08-09Set/Reset Hearings: Telephonic Hearing set for 8/11/2023 at 3:00 PM before Judge Tanya S. Chutkan. The parties shall be prepared to argue their respective positions on Plaintiff's 17 Motion to Establish Record Processing, and to respond to the court's questions. (jth) (Entered: 08/09/2023)
2023-08-11Minute Entry for proceedings held before Judge Tanya S. Chutkan: Telephone Conference Call re: Plaintiff's 17 Motion for Order to Establish Record Processing held on 8/11/2023. (Court Reporter Bryan A. Wayne). (jth) (Entered: 08/11/2023)
2023-08-11MINUTE ORDER: For the reasons explained in today's hearing on Plaintiff's 17 Motion to Establish Record Processing, Plaintiff's Motion is hereby GRANTED in part and DENIED in part. Defendant is ORDERED to process and produce at least 500 pages per month until it completes the release of all non-exempt records in this FOIA action. The parties shall continue to meet and confer and file joint status reports with the court every 30 days, to keep the court apprised of the Defendant's production. Within 30 days of the release of all documents, the parties shall file another joint status report informing the court whether any disputes remain in this case and recommending a path forward for resolution of this matter. Signed by Judge Tanya S. Chutkan on 8/11/2023. (lcb) (Entered: 08/11/2023)
2023-09-1027Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 09/10/2023)
2023-10-1028Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 10/10/2023)
2023-11-1029Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 11/10/2023)
2023-12-1430Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 12/14/2023)
2024-01-1631Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 01/16/2024)
2024-02-1632Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 02/16/2024)
2024-03-1833Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 03/18/2024)
2024-04-1834Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 04/18/2024)
2024-05-2035Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 05/20/2024)
2024-06-2036Consent MOTION for Extension of Time to File with proposed order by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 06/20/2024)
2024-06-20MINUTE ORDER: GRANTING 36 Consent Motion for Extension of Time. The parties shall file a joint status report on or before June 27, 2024, and every 30 days thereafter. To the extent the parties seek a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/20/24. (lce) (Entered: 06/20/2024)
2024-06-2537TRANSCRIPT OF 8/11/23 TELEPHONE CONFERENCE before Judge Tanya S. Chutkan held on August 11, 2023; Page Numbers: 1-16. Date of Issuance: 6/25/2024. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/16/2024. Redacted Transcript Deadline set for 7/26/2024. Release of Transcript Restriction set for 9/23/2024.(Wayne, Bryan) (Entered: 06/25/2024)
2024-06-2738Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 06/27/2024)
2024-06-27MINUTE ORDER: Upon consideration of 38 Joint Status Report, the parties shall confer and file an additional joint status report on or before September 25, 2024, and every 90 days thereafter. To the extent that the parties request a change in the status quo, the report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 6/27/24. (lce) (Entered: 06/27/2024)
2024-09-2539Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Duffey, Thomas) (Entered: 09/25/2024)
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