| Date Filed | Doc # | Docket Text |
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| 2022-06-14 | 1 | COMPLAINT against FUNCTIONAL GOVERNMENT INITIATIVE v. HEALTH AND HUMAN SERVICES, ET AL. ( Filing fee $ 402 receipt number ADCDC-9306419) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit 1. FOIA Request from FGI to HHS dated 2.19.22, # 2 Exhibit 2. FOIA Request from FGI to NIH dated 2.19.22, # 3 Exhibit 3. FOIA Request from FGI to NIAID dated 2.19.22, # 4 Summons To Attorney General, # 5 Summons To U.S. Attorney for D.C., # 6 Summons To HHS Office of General Counsel, # 7 Summons To NIH Office of General Counsel, # 8 Summons To NIAID Office of General Counsel, # 9 Civil Cover Sheet)(Goeken, Richard) (Entered: 06/14/2022) |
| 2022-06-14 | | Case Assigned to Judge Trevor N. McFadden. (znmg) (Entered: 06/14/2022) |
| 2022-06-14 | 2 | SUMMONS (5) Issued Electronically as to NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/14/2022) |
| 2022-06-14 | 3 | STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/14/22. (lctnm2) (Entered: 06/14/2022) |
| 2022-07-15 | 4 | NOTICE of Appearance by Stephen DeGenaro on behalf of All Defendants (DeGenaro, Stephen) (Entered: 07/15/2022) |
| 2022-07-15 | 5 | Consent MOTION for Extension of Time to Respond to the Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/15/2022) |
| 2022-07-15 | | MINUTE ORDER granting the 5 Consent Motion for Extension of Time. Defendants shall respond to the 1 Complaint by August 22, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/15/22. (lctnm2) (Entered: 07/15/2022) |
| 2022-07-15 | | Set/Reset Deadlines: Answer to the Complaint due by 8/22/2022. (ztg) (Entered: 07/15/2022) |
| 2022-07-28 | 6 | Consent to Proceed before US Magistrate Judge for All Purposes by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.. (DeGenaro, Stephen) (Entered: 07/28/2022) |
| 2022-07-29 | | MINUTE ORDER REFERRING CASE to a Magistrate Judge, to be assigned at random by the Clerk's Office, for all purposes, pursuant to the parties' 6 Consent to Proceed before US Magistrate Judge for All Purposes. See LCvR 73.1(a). Signed by Judge Trevor N. McFadden on 7/29/22. (lctnm2) (Entered: 07/29/2022) |
| 2022-07-29 | | CASE RANDOMLY REFERRED to Magistrate Judge Robin M. Meriweather for all purposes. (znmg) (Entered: 07/29/2022) |
| 2022-08-09 | 7 | REQUEST FOR SUMMONS TO ISSUE to National Institute of Allergy and Infectious Diseases filed by FUNCTIONAL GOVERNMENT INITIATIVE.(Goeken, Richard) (Entered: 08/09/2022) |
| 2022-08-10 | 8 | SUMMONS (1) Reissued Electronically as to NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (Attachments: # 1 Notice and Consent)(zjf) (Entered: 08/10/2022) |
| 2022-08-22 | 9 | ANSWER to Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(DeGenaro, Stephen) (Entered: 08/22/2022) |
| 2022-08-22 | 10 | STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 08/22/2022) |
| 2022-08-23 | | MINUTE ORDER: On review of Defendants' 10 Status Report, the parties are ORDERED to submit a joint status report no later than November 21, 2022. Signed by Magistrate Judge Robin M. Meriweather on 08/22/2022. (lcre) (Entered: 08/23/2022) |
| 2022-08-29 | | Case directly reassigned to Magistrate Judge Moxila A. Upadhyaya. Magistrate Judge Robin M. Meriweather is no longer assigned to the case. (ztnr) (Entered: 08/29/2022) |
| 2022-11-21 | 11 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Venguswamy, Kartik) (Entered: 11/21/2022) |
| 2022-12-23 | 12 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 12/23/2022) |
| 2023-01-03 | | MINUTE ORDER: On review of the Parties 12 joint status report, the Parties are ORDERED to submit a joint status report no later than January 23, 2023. The Parties shall update the Court on the progress of Defendants search, processing, and production of documents responsive to Plaintiffs FOIA requests and apprise the Court of any progress made by the Parties in modifying the present search terms. Signed by Magistrate Judge Moxila A. Upadhyaya on 1/3/2023. (ztl) (Entered: 01/03/2023) |
| 2023-01-23 | 13 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 01/23/2023) |
| 2023-01-25 | | MINUTE ORDER: On review of the Parties 13 Joint Status Report, the Parties are ORDERED to submit a Joint Status Report no later than February 24, 2023. The Parties shall update the Court on the progress of Defendants processing of documents, as well as any agreements reached by the Parties regarding revised search terms and the manner of handling redactions of non-responsive information. The Parties shall also apprise the Court if they believe dispositive motions are in order. Signed by Magistrate Judge Moxila A. Upadhyaya on 1/25/2023. (lckn) (Entered: 01/25/2023) |
| 2023-01-25 | | Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (lckn) (Entered: 01/25/2023) |
| 2023-02-24 | 14 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 02/24/2023) |
| 2023-03-03 | | MINUTE ORDER: On review of the Parties' 14 Joint Status Report, the Parties are ORDERED to submit a Joint Status Report no later than April 25, 2023. In the Status Report, the Parties shall provide an update on Defendants' processing and production of documents and whether any of the Parties are requesting a briefing schedule on dispositive motions. Status Report due by 4/25/2023 Signed by Magistrate Judge Moxila A. Upadhyaya on 3/3/2023. (lckn) (Entered: 03/03/2023) |
| 2023-04-25 | 15 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Venguswamy, Kartik) (Entered: 04/25/2023) |
| 2023-04-25 | | MINUTE ORDER: On review of the Parties' 15 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than June 26, 2023. The Parties shall update the Court on the progress of Defendants' processing of documents, as well as any agreements reached by the Parties regarding revised search terms. The Parties shall also apprise the Court on whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Status Report due by 6/26/2023. Signed by Magistrate Judge Moxila A. Upadhyaya on 04/25/2023. (lckn) (Entered: 04/25/2023) |
| 2023-06-26 | 16 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 06/26/2023) |
| 2023-07-06 | 17 | MINUTE ORDER: On review of the Parties' 16 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than August 28, 2023. The Parties shall update the Court on the progress of Defendants' processing of documents, as well as any agreements reached by the Parties regarding revised search terms. The Parties shall also address whether an agreement has been reached regarding the breadth of Plaintiff's Requests. The Parties shall apprise the Court on whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Joint Status Report due by 8/28/2023. Signed by Magistrate Judge Moxila A. Upadhyaya on 07/06/2023. (lckn) (Entered: 07/06/2023) |
| 2023-08-28 | 18 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 08/28/2023) |
| 2023-09-01 | | MINUTE ORDER: Upon review of the Parties' 18 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than October 27, 2023. The Parties shall update the Court on the progress of Defendants' processing and production of documents, as well as whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Joint Status Report due by 10/27/2023. Signed by Magistrate Judge Moxila A. Upadhyaya on 09/01/2023. (lckn) (Entered: 09/01/2023) |
| 2023-10-27 | 19 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 10/27/2023) |
| 2023-11-07 | | MINUTE ORDER: Upon review of the Parties' 19 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than December 22, 2023. The Parties shall update the Court on the progress of Defendants' processing and production of documents, as well as whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Joint Status Report due by 12/22/2023. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 11/07/2023. (lchk) (Entered: 11/07/2023) |
| 2023-12-22 | 20 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 12/22/2023) |
| 2024-01-25 | | MINUTE ORDER: Upon review of the Parties' 20 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than February 20, 2024. The Parties report in 20 that the HHS and NIH productions according to the agreed upon parameters are now complete. The Parties also report that the NIH production contained responsive documents from both Defendants NIH and NIAID. The Parties shall confirm in their next Joint Status Report whether all production according to the agreed parameters is now complete. The Parties shall also inform the Court whether dispositive briefing is necessary, and if so, propose a schedule for such briefing. Joint Status Report due by 02/20/2024. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 1/25/24. (lchk) (Entered: 01/25/2024) |
| 2024-02-20 | 21 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 02/20/2024) |
| 2024-03-05 | | MINUTE ORDER: The Parties represent in 21 Joint Status Report that Plaintiff is satisfied with Defendants' productions and does not intend to challenge Defendants' search or withholdings. Additionally, the Parties report that the only remaining issue for them to resolve is Plaintiff's demand for fees and costs. As such, the Parties are ordered to continue to meet and confer to attempt to resolve this issue. The Parties shall file a Joint Status Report by March 21, 2024 updating the Court on whether the Parties have resolved Plaintiff's demand for fees and costs. If the Parties have not resolved this issue, they shall propose a briefing schedule on the issue of Plaintiff's fee demand. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 03/05/2024. (lchk) (Entered: 03/05/2024) |
| 2024-03-21 | 22 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 03/21/2024) |
| 2024-04-12 | | MINUTE ORDER: The Parties represent in 22 that Plaintiff is satisfied with Defendants' productions and does not intend to challenge Defendant's search or withholdings. The Parties report that the only outstanding matter to resolve is Plaintiff's demand for fees and costs. Therefore, the Parties shall file a joint status report by April 20, 2024 to apprise the Court of any updates regarding the Parties' negotiations on Plaintiff's demand for fees and costs, and to propose a briefing schedule if necessary. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 04/12/2024. (lchk) (Entered: 04/12/2024) |
| 2024-04-19 | 23 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 04/19/2024) |
| 2024-05-15 | | MINUTE ORDER: The Parties represented in 22 that the only outstanding matter for them to resolve is Plaintiff's demand for fees and costs. In 23 , the Parties represent that they continue to attempt to resolve this matter. Therefore, the Parties shall file a joint status report by June 3, 2024 to apprise the Court of any updates regarding the Parties' negotiations on Plaintiff's demand for fees and costs, and to propose a briefing schedule if necessary. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 05/15/2024. (lchk) (Entered: 05/15/2024) |
| 2024-06-03 | 24 | Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 06/03/2024) |
| 2024-06-10 | | MINUTE ORDER: The Parties represented in 22 that they have resolved all productions and the only issue remaining was Plaintiff's demand for fees and costs, which according to 23 , they sought to resolve. The Parties informed the Court in 24 that they have now reached a settlement on Plaintiff's demand for fees and intend to file a stipulation of dismissal as soon as payment for this settlement is processed. The Parties are therefore ordered to file a stipulation of dismissal promptly upon processing of Plaintiff's fees, and if they do not do so by July 3, 2024, file a Joint Status Report on why the payment and stipulation of dismissal has not yet occurred. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 06/10/2024. (lchk) (Entered: 06/10/2024) |
| 2024-06-23 | 25 | NOTICE by FUNCTIONAL GOVERNMENT INITIATIVE (Goeken, Richard) (Entered: 06/23/2024) |
| 2024-06-23 | 26 | LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FUNCTIONAL GOVERNMENT INITIATIVE (Goeken, Richard) (Entered: 06/23/2024) |
| 2024-06-26 | 27 | STIPULATION of Dismissal by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 06/26/2024) |
| 2024-08-23 | | MINUTE ORDER: In light of the Parties' 27 Joint Stipulation of Dismissal, it is hereby ORDERED that this action shall be dismissed with prejudice. The Parties shall bear their own fees and costs, except as provided in their June 3, 2024 settlement agreement. The Clerk of the Court is respectfully directed to close this case. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 08/23/2024. (lchk) (Entered: 08/23/2024) |
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