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Case TitleInformed Consent Action Network v. Centers for Disease Control and Prevention et al
DistrictWestern District of Texas
CityAustin
Case Number1:2021cv01179
Date Filed2021-12-28
Date Closed2023-05-25
JudgeJudge Robert Pitman
PlaintiffInformed Consent Action Network
Case DescriptionInformed Consent Action Network submitted three FOIA requests to the Centers for Disease Control for records concerning v-safe. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantCenters for Disease Control and Prevention
DefendantHealth and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-281COMPLAINT ( Filing fee $ 402 receipt number 0542-15567535), filed by Informed Consent Action Network. (Attachments: # 1 Exhibit 1 through 14, # 2 Civil Cover Sheet)(Siri, Aaron) (Entered: 12/28/2021)
2021-12-282REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. (Siri, Aaron) (Main Document 2 replaced on 1/5/2022) (lt). (Entered: 12/28/2021)
2021-12-28Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) (Entered: 01/04/2022)
2021-12-28If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (dl) (Entered: 01/04/2022)
2022-01-043Summons Issued as to Centers for Disease Control and Prevention, Health and Human Services. (dl) (Entered: 01/04/2022)
2022-01-044Pro Hac Vice Letters sent to Elizabeth A. Brehm and Ursula Smith. (dl) (Entered: 01/04/2022)
2022-01-055REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. (Amended Summons Request for CDC) (Siri, Aaron) (Main Document 5 replaced on 1/5/2022) (lt). (Entered: 01/05/2022)
2022-01-05Notice of Correction: re 2 Request for Issuance of Summons, 5 Request for Issuance of Summons. These filings include a fillable form. Fillable Forms must be flattened to permanently affix any signatures, or other items added to the document to include the case style, party names, dates, etc. This step should be performed prior to filing your documents through CM/ECF. Instructions are on the Court's website on the CM/ECF page under Training, "Printing to PDF." The Clerk's Office has flattened this form. No further action required. Please take note for future filing purposes (lt) (Entered: 01/05/2022)
2022-01-056Summons Reissued as to Centers for Disease Control and Prevention. (lt) (Entered: 01/05/2022)
2022-01-147SUMMONS Returned Executed by Informed Consent Action Network. Centers for Disease Control and Prevention served on 1/10/2022, answer due 3/11/2022; Health and Human Services served on 1/10/2022, answer due 3/11/2022. (Siri, Aaron) (Entered: 01/14/2022)
2022-01-168MOTION to Appear Pro Hac Vice by Aaron Siri on behalf of Elizabeth A. Brehm ( Filing fee $ 100 receipt number 0542-15619515) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 01/16/2022)
2022-01-169MOTION to Appear Pro Hac Vice by Aaron Siri on behalf of Ursula M. Smith ( Filing fee $ 100 receipt number 0542-15619516) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 01/16/2022)
2022-01-19Text Order GRANTING 8 Motion to Appear Pro Hac Vice by attorney Elizabeth A. Brehm. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) (Entered: 01/19/2022)
2022-01-19Text Order GRANTING 9 Motion to Appear Pro Hac Vice by attorney Ursula M. Smith. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) (Entered: 01/19/2022)
2022-02-0910NOTICE of Attorney Appearance by Christopher David Edelman on behalf of Centers for Disease Control and Prevention, Health and Human Services. Attorney Christopher David Edelman added to party Centers for Disease Control and Prevention(pty:dft), Attorney Christopher David Edelman added to party Health and Human Services(pty:dft) (Edelman, Christopher) (Entered: 02/09/2022)
2022-02-0911ANSWER to 1 Complaint by Centers for Disease Control and Prevention, Health and Human Services.(Edelman, Christopher) (Entered: 02/09/2022)
2022-02-2812MOTION to Appear Pro Hac Vice by Aaron Siri on behalf of Colin M. Farnsworth ( Filing fee $ 100 receipt number 0542-15759734) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 02/28/2022)
2022-03-02Text Order GRANTING 12 Motion to Appear Pro Hac Vice by attorney Colin M. Farnsworth. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Robert Pitman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jg) (Entered: 03/02/2022)
2022-03-1413NOTICE of Attorney Appearance by Jody Lowenstein on behalf of Centers for Disease Control and Prevention, Health and Human Services. Attorney Jody Lowenstein added to party Centers for Disease Control and Prevention(pty:dft), Attorney Jody Lowenstein added to party Health and Human Services(pty:dft) (Lowenstein, Jody) (Entered: 03/14/2022)
2022-04-1114Joint MOTION for Extension of Time to File Proposed Scheduling Order by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Order)(Lowenstein, Jody) (Entered: 04/11/2022)
2022-04-12Text Order GRANTING 14 Joint Motion for Extension of Time to File Proposed Scheduling Order entered by Judge Robert Pitman. IT IS ORDERED that the parties shall file an agreed proposed scheduling order pursuant to Local Rule CV-16(c) on or before April 25, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mplc) (Entered: 04/12/2022)
2022-04-2515STATUS REPORT and Proposed Agreed Scheduling Order by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Agreed Scheduling Order)(Lowenstein, Jody) (Entered: 04/25/2022)
2022-05-0316ORDER, (Pretrial Conference set for 5/11/2022 09:40 AM before Judge Robert Pitman). Signed by Judge Robert Pitman. (bot3) (Entered: 05/03/2022)
2022-05-0317ORDER, (Pretrial Conference set for 5/11/2022 09:40 AM before Judge Robert Pitman). Signed by Judge Robert Pitman. (bot2) (Entered: 05/03/2022)
2022-05-1118Minute Entry for proceedings held before Judge Robert Pitman: Initial Pretrial Conference held on 5/11/2022 by Telephone. Written order forthcoming. (Minute entry documents are not available electronically) (Court Reporter Lily I. Reznik)(cc3) (Entered: 05/11/2022)
2022-05-1119AGREED SCHEDULING ORDER. Signed by Judge Robert Pitman. (cc3) (Entered: 05/11/2022)
2022-06-2220Joint MOTION to Extend Scheduling Order Deadlines by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Order)(Lowenstein, Jody) (Entered: 06/22/2022)
2022-06-2321ORDER GRANTING 20 Joint MOTION to Extend Scheduling Order Deadlines. Signed by Judge Robert Pitman. (cc3) (Entered: 06/23/2022)
2022-08-0922NOTICE of Change of Address by Elizabeth A. Brehm (Brehm, Elizabeth) (Entered: 08/09/2022)
2022-08-1523NOTICE of Change of Address by Aaron Siri (Siri, Aaron) (Entered: 08/15/2022)
2022-08-1924Joint MOTION to Extend Scheduling Order Deadlines by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Order)(Edelman, Christopher) (Entered: 08/19/2022)
2022-08-1925Joint MOTION to Extend Scheduling Order Deadlines by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Order)(Edelman, Christopher) (Entered: 08/19/2022)
2022-08-2226DEFICIENCY NOTICE: re 24 Joint MOTION to Extend Scheduling Order Deadlines (cc3) (Entered: 08/22/2022)
2022-08-2227AGREED SCHEDULING ORDER. Signed by Judge Robert Pitman. (cc3) (Entered: 08/22/2022)
2022-08-2328NOTICE of Change of Address by Colin M. Farnsworth (Farnsworth, Colin) (Entered: 08/23/2022)
2022-11-2229MOTION to Withdraw as Attorney by Informed Consent Action Network. (Smith, Ursula) (Entered: 11/22/2022)
2022-11-2230MOTION to Withdraw as Attorney [Proposed] Order by Informed Consent Action Network. (Smith, Ursula) (Entered: 11/22/2022)
2022-11-30Text Order GRANTING 29 Motion to Withdraw as Attorney entered by Judge Robert Pitman. IT IS ORDERED that Ursula Smith is withdrawn as counsel for Plaintiff. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) (Entered: 11/30/2022)
2022-12-0231Joint MOTION to Extend Scheduling Order Deadlines by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Order)(Edelman, Christopher) (Entered: 12/02/2022)
2022-12-0532AGREED SCHEDULING ORDER. Signed by Judge Robert Pitman. (cc3) (Entered: 12/05/2022)
2023-03-2033MOTION for Summary Judgment by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Exhibit A: Declaration of Roger Andoh, # 2 Exhibit B: Declaration of Matthew Cardozo)(Edelman, Christopher) (Entered: 03/20/2023)
2023-04-0434ORDER TO SHOW CAUSE as to Informed Consent Action Network. Show Cause Response due by 4/11/2023. Signed by Judge Robert Pitman. (cc3) (Entered: 04/04/2023)
2023-04-0435ORDER VACATING 34 Order to Show Cause. Signed by Judge Robert Pitman. (cc3) (Entered: 04/04/2023)
2023-04-1236Consent MOTION to Stay Case for 30 Days by Informed Consent Action Network. (Attachments: # 1 Proposed Order)(Brehm, Elizabeth) (Entered: 04/12/2023)
2023-04-13Text Order GRANTING 36 Joint Motion to Stay Case entered by Judge Robert Pitman. IT IS ORDERED that this action is STAYED until May 12, 2023. The parties shall file summary judgment papers or a motion to extend the stay on or before May 12, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) (Entered: 04/13/2023)
2023-05-1137Consent MOTION to Stay Case (14-Day Extension of Stay) by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 05/11/2023)
2023-05-11Text Order GRANTING 37 Joint Motion to Stay Case entered by Judge Robert Pitman. IT IS ORDERED that the stay in this case is EXTENDED to May 26, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) (Entered: 05/11/2023)
2023-05-1238MOTION to Withdraw as Attorney Colin M. Farnsworth by Informed Consent Action Network. (Attachments: # 1 Proposed Order)(Brehm, Elizabeth) (Entered: 05/12/2023)
2023-05-22Text Order GRANTING 38 Unopposed Motion to Withdraw as Attorney entered by Judge Robert Pitman. IT IS ORDERED that Colin M. Farnsworth is WITHDRAWN as counsel for Plaintiff. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jllc) (Entered: 05/22/2023)
2023-05-2439STIPULATION of Dismissal with Prejudice by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 05/24/2023)
2023-05-2540ORDER CLOSING CASE. Signed by Judge Robert Pitman. (cc3) (Entered: 05/25/2023)
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