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Case TitleFINKELSTEIN v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02229
Date Filed2022-07-28
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffKATHERINE EBAN FINKELSTEIN
Case DescriptionKatherine Finkelstein, a journalist for Vanity Fair, submitted a FOIA request to the National Institute of Health for records concerning the Living Brain Project. Finkelstein also requested expedited processing. The agency acknowledged receipt of the request and denied Finkelstein's request for expedited processing. Finkelstein asked for an estimated time of completion which the agency failed to provide. After hearing nothing further from the agency, Finkelstein filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-281COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9402599) filed by KATHERINE EBAN FINKELSTEIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons To NIH, # 3 Summons To USAG, # 4 Summons To USAO - DC, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7)(Sorenson, C.) (Entered: 07/28/2022)
2022-08-01Case Assigned to Judge Amit P. Mehta. (zmrl) (Entered: 08/01/2022)
2022-08-012SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (zmrl) (Entered: 08/01/2022)
2022-09-273NOTICE of Appearance by Benton Gregory Peterson on behalf of NATIONAL INSTITUTES OF HEALTH (Peterson, Benton) (Entered: 09/27/2022)
2022-09-304Unopposed MOTION for Extension of Time to File by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 09/30/2022)
2022-10-02MINUTE ORDER granting 4 Motion for Extension of Time to File. Defendant shall answer or otherwise respond to the Complaint by October 31, 2022. Signed by Judge Amit P. Mehta on 10/2/2022. (lcapm1) (Entered: 10/02/2022)
2022-10-075ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/27/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/27/2022. (Sorenson, C.) Modified on 10/7/2022. Pleading will be refiled by the Clerk's Office. (zed). (Entered: 10/07/2022)
2022-10-076RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 9/27/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/29/2022., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/1/2022. ( Answer due for ALL FEDERAL DEFENDANTS by 10/1/2022.) (zed) (Entered: 10/07/2022)
2022-10-07NOTICE OF ERROR re 5 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to petesorenson@gmail.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Notice of Corrected Docket Entry: Your entry has been modified as a courtesy. Please note the appropriate reminders for future filings; do not refile document, 2. Incorrect event used (zed, ) (Entered: 10/07/2022)
2022-10-317ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH.(Peterson, Benton) (Entered: 10/31/2022)
2022-11-028ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before November 15, 2022. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion to stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 11/1/2022. (lcapm1) (Entered: 11/02/2022)
2022-11-159Joint STATUS REPORT by KATHERINE EBAN FINKELSTEIN (Sorenson, C.) Modified event on 11/16/2022 (znmw). (Entered: 11/15/2022)
2022-11-16MINUTE ORDER. The parties shall submit an additional Joint Status Report by January 16, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/16/2022. (lcapm1) (Entered: 11/16/2022)
2023-01-1310Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 01/13/2023)
2023-01-16MINUTE ORDER. The parties shall submit an additional Joint Status Report by March 15, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/16/2023. (lcapm1) (Entered: 01/16/2023)
2023-03-1511Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 03/15/2023)
2023-03-16MINUTE ORDER. The parties shall submit an additional Joint Status Report by May 16, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 03/16/2023. (lcapm1) (Entered: 03/16/2023)
2023-05-1612Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 05/16/2023)
2023-05-17MINUTE ORDER. The parties shall submit an additional Joint Status Report by July 17, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 05/17/2023. (lcapm1) (Entered: 05/17/2023)
2023-05-17Set/Reset Deadlines: Joint Status Report due by 7/17/2023. (smc) (Entered: 05/17/2023)
2023-07-1713Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 07/17/2023)
2023-07-18MINUTE ORDER. The parties shall file an additional Joint Status Report by August 17, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 07/18/2023. (lcapm1) (Entered: 07/18/2023)
2023-08-1714Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 08/17/2023)
2023-08-18MINUTE ORDER. The parties shall file an additional Joint Status Report by October 3, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 08/18/2023. (lcapm1) (Entered: 08/18/2023)
2023-08-18Set/Reset Deadlines: Joint Status Report due by 10/3/2023. (zsmc) (Entered: 08/18/2023)
2023-10-0315Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 10/03/2023)
2023-10-04MINUTE ORDER. The parties shall file an additional Joint Status Report by November 21, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 10/04/2023. (lcapm1) (Entered: 10/04/2023)
2023-11-2116Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 11/21/2023)
2023-11-22MINUTE ORDER. The parties shall file an additional Joint Status Report by December 21, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/22/2023. (lcapm1) (Entered: 11/22/2023)
2023-12-2117Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 12/21/2023)
2023-12-22MINUTE ORDER. The parties shall file an additional Joint Status Report by January 24, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 12/22/2023. (lcapm1) (Entered: 12/22/2023)
2024-01-2418Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 01/24/2024)
2024-01-24MINUTE ORDER. The parties shall file an additional Joint Status Report by February 24, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 1/24/2024. (lcapm1) (Entered: 01/24/2024)
2024-02-2619Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Peterson, Benton) (Entered: 02/26/2024)
2024-02-27MINUTE ORDER. The parties shall file an additional Joint Status Report on or before March 27, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Since July 2023, the parties consistently have advised the court that they continue to attempt to narrow and resolve areas of dispute. It cannot take nine months for the parties either to reach resolution or an impasse. Accordingly, this will be the last such Joint Status Report the court will permit. Either the parties shall fully resolve this matter by March 27, 2024, or the court will enter a briefing schedule. Signed by Judge Amit P. Mehta on 2/27/2024. (lcapm1) (Entered: 02/27/2024)
2024-02-27Set/Reset Deadlines: Joint Status Report due by 3/27/2024. (hmc) (Entered: 02/27/2024)
2024-03-2720Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/27/2024)
2024-03-27MINUTE ORDER. The parties' proposed schedule is not acceptable. Unless the parties advise that they have reached agreement as to attorneys' fees and costs, Plaintiff shall file her motion by June 7, 2024; Defendant shall file its opposition by July 10, 2024; and Plaintiff shall file her reply brief by July 24, 2024. Signed by Judge Amit P. Mehta on 03/27/2024. (lcapm1) (Entered: 03/27/2024)
2024-03-28Set/Reset Deadlines: Motion due by 6/7/2024. Opposition due by 7/10/2024. Reply due by 7/24/2024. (smc) (Entered: 03/28/2024)
2024-06-0721MOTION for Order for Attorney Fees and Costs by KATHERINE EBAN FINKELSTEIN. (Attachments: # 1 Text of Proposed Order, # 2 Certificate 7(m), # 3 Declaration Eban Finkelstein, # 4 Declaration Spano, # 5 Declaration Sorenson, # 6 Exhibit 101, # 7 Exhibit 102, # 8 Exhibit 103, # 9 Exhibit 104, # 10 Exhibit 105, # 11 Exhibit 106, # 12 Exhibit 107, # 13 Memorandum in Support)(Sorenson, C.) (Entered: 06/07/2024)
2024-07-0822Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION for Order for Attorney Fees and Costs by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 07/08/2024)
2024-07-09MINUTE ORDER granting Defendant's 22 Motion for Extension of Time. Defendant shall have up to and including July 24, 2024, to respond to the Motion for fees and, Plaintiff shall have up to and including August 7, 2024, to file a reply. Signed by Judge Amit P. Mehta on 07/09/2024. (lcapm1) (Entered: 07/09/2024)
2024-07-15Set/Reset Deadlines: Defendant's Response due by 7/29/2024 (zakb) (Entered: 07/15/2024)
2024-07-15Set/Reset Deadlines: Replies due by 8/7/2024. (zakb) (Entered: 07/15/2024)
2024-07-16Set/Reset Deadlines: Response to Motion for Fees due by 7/24/2024 (zakb) (Entered: 07/16/2024)
2024-07-2423Memorandum in opposition to re 21 Motion for Order, filed by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Text of Proposed Order)(mg) (Entered: 07/25/2024)
2024-08-0724REPLY to opposition to motion re 21 MOTION for Order for Attorney Fees and Costs filed by KATHERINE EBAN FINKELSTEIN. (Attachments: # 1 Text of Proposed Order, # 2 Declaration 2d Spano, # 3 Declaration 2d Sorenson, # 4 Exhibit 108, # 5 Exhibit 109)(Sorenson, C.) (Entered: 08/07/2024)
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