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Case TitleInformed Consent Action Network v. Centers for Disease Control and Prevention et al
DistrictWestern District of Texas
CityAustin
Case Number1:2022cv00481
Date Filed2022-05-17
Date Closed2023-05-25
JudgeJudge Robert Pitman
PlaintiffInformed Consent Action Network
Case DescriptionThe Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning data submitted to v-safe since January 2020. The agency acknowledged receipt of the request 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
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-171COMPLAINT ( Filing fee $ 402 receipt number 0542-16041307), filed by Informed Consent Action Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Siri, Aaron) (Entered: 05/17/2022)
2022-05-172REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. (Siri, Aaron) (Entered: 05/17/2022)
2022-05-17Case 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. (rn) (Entered: 05/19/2022)
2022-05-17If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane (rn) (Entered: 05/19/2022)
2022-05-193Summons Issued as to All Defendants. (rn) (Entered: 05/19/2022)
2022-05-254REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. (Siri, Aaron) (Entered: 05/25/2022)
2022-05-255Summons Issued as to Health and Human Services (jv2) (Entered: 05/25/2022)
2022-06-106CERTIFICATE OF SERVICE by Informed Consent Action Network for CDC (Siri, Aaron) (Entered: 06/10/2022)
2022-06-107SUMMONS Returned Executed by Informed Consent Action Network. Centers for Disease Control and Prevention served on 5/23/2022, answer due 7/22/2022. (Attachments: # 1 Exhibit A)(Siri, Aaron) (Entered: 06/10/2022)
2022-06-108SUMMONS Returned Executed by Informed Consent Action Network. Health and Human Services served on 5/31/2022, answer due 8/1/2022. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Siri, Aaron) (Entered: 06/10/2022)
2022-06-109MOTION to Appear Pro Hac Vice by Aaron Siri for Elizabeth Brehm ( Filing fee $ 100 receipt number 0542-16131448) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 06/10/2022)
2022-06-1310MOTION to Appear Pro Hac Vice by Aaron Siri for Colin Farnsworth ( Filing fee $ 100 receipt number 0542-16135678) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 06/13/2022)
2022-06-1411ORDER GRANTING 9 Motion to Appear Pro Hac Vice for Attorney Elizabeth A. Brehm for Informed Consent Action Network. 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. Signed by Judge Robert Pitman. (jv2) (Entered: 06/14/2022)
2022-06-1412ORDER GRANTING 10 Motion to Appear Pro Hac Vice for Attorney Colin M. Farnsworth for Informed Consent Action Network. 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. Signed by Judge Robert Pitman. (jv2) (Entered: 06/14/2022)
2022-06-2213NOTICE 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: 06/22/2022)
2022-06-2214ANSWER to 1 Complaint by Centers for Disease Control and Prevention, Health and Human Services.(Lowenstein, Jody) (Entered: 06/22/2022)
2022-08-0915NOTICE of Change of Address by Elizabeth A. Brehm (Brehm, Elizabeth) (Entered: 08/09/2022)
2022-08-1516NOTICE of Change of Address by Aaron Siri (Siri, Aaron) (Entered: 08/15/2022)
2022-08-2217STATUS 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: 08/22/2022)
2022-08-2318NOTICE of Change of Address by Colin M. Farnsworth (Farnsworth, Colin) (Entered: 08/23/2022)
2022-09-0819AGREED SCHEDULING ORDER. Signed by Judge Robert Pitman. (jv2) (Entered: 09/08/2022)
2022-10-1420STATUS REPORT by Centers for Disease Control and Prevention, Health and Human Services. (Lowenstein, Jody) Modified on 10/17/2022 to add motion per chamber's instructions. (jv2). (Entered: 10/14/2022)
2022-10-17Text Order GRANTING IN PART AND DENYING IN PART 20 Motion entered by Judge Robert Pitman. IT IS ORDERED that the parties shall provide another joint status report on or before November 4, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 10/17/2022)
2022-11-0421STATUS REPORT (Joint) by Informed Consent Action Network. (Siri, Aaron) Modified on 11/14/2022 (jv2). (Entered: 11/04/2022)
2022-11-14Text Order GRANTING IN PART AND DENYING IN PART 21 Motion entered by Judge Robert Pitman. IT IS ORDERED that Plaintiff's requested relief is DENIED and Defendant's requested relief is GRANTED. IT IS FURTHER ORDERED that Defendant produce all non-exempt, responsive records, including the "batch of records containing data derived from specific feedback survey questions" on or before November 16, 2022 and produce "the birth year of v-safe participants" as soon as practicable. IT IS FINALLY ORDERED that the parties meet and confer and file a joint status report on or before December 5, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 11/14/2022)
2022-12-0522STATUS REPORT by Centers for Disease Control and Prevention, Health and Human Services. (Lowenstein, Jody) Modified on 12/6/2022 to add motion event per chambers (jv2). (Entered: 12/05/2022)
2022-12-06Notice of Correction: re 22 Joint Status Report. The court notes the parties included requests for relief imbedded within the Status Report. When requesting any relief from the court it shall be submitted separately in the form of a Motion and be accompanied with a Proposed Order. Please take note for future filing purposes. (jv2) (Entered: 12/06/2022)
2022-12-06Text Order GRANTING IN PART AND DENYING IN PART 22 Motion entered by Judge Robert Pitman. IT IS ORDERED that the parties file a joint status report on or before January 4, 2022. IT IS FURTHER ORDERED that while the Court believes a motion to compel would be premature at this time, the Court urges the government to expedite its rolling production of documents to Plaintiff and complete the production as soon as practicable. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 12/06/2022)
2023-01-0423STATUS REPORT by Centers for Disease Control and Prevention, Health and Human Services. (Lowenstein, Jody) Modified on 1/6/2023 (jv2). (Entered: 01/04/2023)
2023-01-06Text Order GRANTING IN PART AND DENYING IN PART 23 Motion entered by Judge Robert Pitman. IT IS ORDERED that CDC produce its final sets of documents as set out in the parties' joint report. IT IS FURTHER ORDERED that the parties shall file a joint status report on or before February 3, 2023. If a dispute remains, Plaintiff may additionally file the appropriate motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 01/06/2023)
2023-02-0324STATUS REPORT by Centers for Disease Control and Prevention, Health and Human Services. (Lowenstein, Jody) (Entered: 02/03/2023)
2023-02-0325Unopposed MOTION to Enter a Schedule for Further Proceedings by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Proposed Order)(Lowenstein, Jody) (Entered: 02/03/2023)
2023-02-0826ORDER GRANTING 25 Unopposed Motion to Enter a Schedule for Further Proceedings. Signed by Judge Robert Pitman. (jv2) (Entered: 02/08/2023)
2023-03-2027MOTION for Summary Judgment by Centers for Disease Control and Prevention, Health and Human Services. (Attachments: # 1 Appendix)(Lowenstein, Jody) (Entered: 03/20/2023)
2023-04-1228Consent 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 28 Agreed Motion to Stay Case entered by Judge Robert Pitman. IT IS ORDERED that this case is STAYED until May 12, 2023. IT IS FURTHER ORDERED that the parties shall file dismissal papers or an agreed 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.) (sh) (Entered: 04/13/2023)
2023-05-1129Consent MOTION to Stay Case (14-Day Extension of Stay) by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 05/11/2023)
2023-05-15Text Order GRANTING 29 Motion to Stay Case entered by Judge Robert Pitman. IT IS ORDERED that this case is STAYED until May 26, 2023. IT IS FURTHER ORDERED that the parties shall file dismissal papers or an agreed motion to extend the stay on or before May 26, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 05/15/2023)
2023-05-1730MOTION to Withdraw as Attorney Colin M. Farnsworth by Informed Consent Action Network. (Attachments: # 1 Proposed Order)(Brehm, Elizabeth) (Entered: 05/17/2023)
2023-05-2431STIPULATION of Dismissal with Prejudice by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 05/24/2023)
2023-05-2532ORDER re 31 Joint Stipulation of Dismissal. As nothing remains to resolve, IT IS ORDERED that the case is CLOSED. Signed by Judge Robert Pitman. (jv2) (Entered: 05/25/2023)
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