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Case TitlePROTECT THE PUBLIC'S TRUST v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00866
Date Filed2022-03-31
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffPROTECT THE PUBLIC'S TRUST
Case DescriptionProtect the Public's Trust submitted a FOIA request to the National Institute of Health for records concerning an August 2021 press release titled New CDC Study: Vaccination Offers Higher Protection that Previous COVID-19 Infection. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT 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
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-311COMPLAINT against NATIONAL INSTITUTES OF HEALTH ( Filing fee $ 402 receipt number ADCDC-9140034) filed by PROTECT THE PUBLIC'S TRUST. (Attachments: # 1 Exhibit Exhibit A - FOIA #57539, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Summons Summons - U.S. Attorney's Office, # 4 Summons Summons - US Attorney General, # 5 Summons Summons - Agency General Counsel)(Lawkowski, Gary) (Entered: 03/31/2022)
2022-03-31Case Assigned to Judge Colleen Kollar-Kotelly. (zsb) (Entered: 03/31/2022)
2022-03-312ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 3/31/2022. (DM) (Entered: 03/31/2022)
2022-04-053SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (znmw) (Additional attachment(s) added on 4/5/2022: # 1 Notice and Consent) (znmw). (Entered: 04/05/2022)
2022-05-034NOTICE of Appearance by Stephanie R. Johnson on behalf of NATIONAL INSTITUTES OF HEALTH (Johnson, Stephanie) (Entered: 05/03/2022)
2022-06-015MOTION to Dismiss by NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 06/01/2022)
2022-06-01MINUTE ORDER: The Court is in receipt of Defendant's 5 Motion to Dismiss. Plaintiff shall file its opposition on or before June 15, 2022 and Defendant shall file its reply on or before June 22, 2022 . Signed by Judge Colleen Kollar-Kotelly on June 1, 2022. (lcckk1) (Entered: 06/01/2022)
2022-06-01Set/Reset Deadlines: Plaintiff's opposition to 5 due by 6/15/2022. Defendant's Reply to 5 due by 6/22/2022. (dot) (Entered: 06/02/2022)
2022-06-146RESPONSE re 5 MOTION to Dismiss filed by PROTECT THE PUBLIC'S TRUST. (Attachments: # 1 Text of Proposed Order Proposed Order)(Lawkowski, Gary) (Entered: 06/14/2022)
2022-06-217Unopposed MOTION for Extension of Time to File Response/Reply TO PLAINTIFFS OPPOSITION by NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 06/21/2022)
2022-06-22MINUTE ORDER: Before the Court is Defendant's 7 Unopposed Motion for Extension of Time to File a Reply to Plaintiff's Opposition. Counsel for Defendant represents that she requires additional time to confer with agency counsel in advance of filing a reply in support of Defendant's 5 Motion to Dismiss. Defendant requests an extension from June 22, 2022 to July 6, 2022 to file such a reply. As Plaintiff consents, and upon good cause shown, Defendant's 7 Unopposed Motion for Extension of Time to File a Reply to Plaintiff's Opposition is GRANTED . Defendant shall file its reply in support of its 5 Motion to Dismiss on or before July 6, 2022 . Signed by Judge Colleen Kollar-Kotelly on June 22, 2022. (lcckk1) (Entered: 06/22/2022)
2022-06-22Set/Reset Deadlines: Defendant's Reply to 5 due by 7/6/2022. (dot) (Entered: 06/22/2022)
2022-07-068REPLY to opposition to motion re 6 Response to motion filed by NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 07/06/2022)
2023-07-129NOTICE by PROTECT THE PUBLIC'S TRUST (Lawkowski, Gary) (Entered: 07/12/2023)
2023-07-1210LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PROTECT THE PUBLIC'S TRUST (Lawkowski, Gary) (Entered: 07/12/2023)
2024-02-26MINUTE ORDER: The Court directs the parties to file a joint status report on or before March 22, 2024 . Therein, the parties shall briefly state their respective positions on the pending 5 Motion to Dismiss. The parties shall also raise any new persuasive or binding case law for the Court's review. Signed by Judge Colleen Kollar-Kotelly on 2/26/2024. (lcckk1) (Entered: 02/26/2024)
2024-02-26Set/Reset Deadlines: Joint Status Report due by 3/22/2024. (dot) (Entered: 02/29/2024)
2024-03-2111Joint MOTION for Extension of Time to Respond to Court's Minute Order by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Johnson, Stephanie) (Entered: 03/21/2024)
2024-03-22MINUTE ORDER: The Court is in receipt of the parties' 11 Joint Motion for Extension of Time. Therein, the parties request additional time "to discuss the issues in this matter and determine whether the issues can be narrowed or resolved without judicial intervention" prior to filing a response to the Court's February 26, 2024 Minute Order. As the parties consent, and upon good cause shown, the Court shall GRANT the 11 Joint Motion for Extension of Time. The parties shall file a joint status report on or before April 30, 2024 . Signed by Judge Colleen Kollar-Kotelly on 3/22/2024. (lcckk1) (Entered: 03/22/2024)
2024-03-22Set/Reset Deadlines: Joint Status Report due by 4/30/2024. (dot) (Entered: 03/26/2024)
2024-04-3012Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 04/30/2024)
2024-05-01MINUTE ORDER: Pursuant to the parties' 12 Joint Status Report, which was reviewed by this Court, Defendant's 5 Motion to Dismiss shall be indicated as WITHDRAWN, without prejudice; Defendant's deadline to respond to the Complaint is currently STAYED; and the parties shall file their next Joint Status Report by 7/31/2024. Signed by Judge Colleen Kollar-Kotelly on 5/1/2024. (DM) (Entered: 05/01/2024)
2024-07-3013Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 07/30/2024)
2024-07-31MINUTE ORDER: The Court is in receipt of the parties' 13 Joint Status Report. Therein, Defendant explains that it has located 10,500 pages of potentially responsive records and it expects making its first release of records to Plaintiff in August 2024. The parties request leave to file another joint status report on or before October 1, 2024. The Court shall ADOPT the parties' suggestion. The Court directs the parties to file another joint status report on or before October 1, 2024 , updating the Court as to Defendant's processing of records, and, if necessary, every sixty (60) days thereafter. Signed by Judge Colleen Kollar-Kotelly on 7/31/2024. (lcckk1) (Entered: 07/31/2024)
2024-07-31Set/Reset Deadlines: Status Report due by 10/1/2024, updating the Court as to Defendant's processing of records, and, if necessary, every sixty (60) days thereafter. (dot) (Entered: 07/31/2024)
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