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Case TitleNATIONAL POLICE ASSOCIATION v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02725
Date Filed2022-09-09
Date Closed2023-12-14
JudgeJudge Trevor N. McFadden
PlaintiffNATIONAL POLICE ASSOCIATION
Case DescriptionThe National Police Association submitted a FOIA request to the National Institute of Health for records concerning cordectomies conducted upon beagles. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NPA 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-091COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9504536) filed by NATIONAL POLICE ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to NIH, # 3 Summons to USAO-DC, # 4 Summons to USAG, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5)(Sorenson, C.) (Entered: 09/09/2022)
2022-09-13Case Assigned to Judge Trevor N. McFadden. (zcb, ) (Entered: 09/13/2022)
2022-09-132STANDING 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 9/13/22. (lctnm2) (Entered: 09/13/2022)
2022-09-133SUMMONS(3)Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zcb, ) (Entered: 09/13/2022)
2022-10-134NOTICE of Appearance by Patricia K. McBride on behalf of All Defendants (McBride, Patricia) (Entered: 10/13/2022)
2022-10-135Unopposed MOTION for Extension of Time to File Answer by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 10/13/2022)
2022-10-14MINUTE ORDER granting Defendant's 5 Unopposed Motion for Extension of Time to File Answer. Defendant's Answer shall now be filed before or on November 17, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/14/2022. (lctnm2) (Entered: 10/14/2022)
2022-10-14Set/Reset Deadlines: Answer due by 11/17/2022. (hmc) (Entered: 10/14/2022)
2022-11-036RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/19/2022. Answer due for ALL FEDERAL DEFENDANTS by 10/19/2022. (Sorenson, C.) (Entered: 11/03/2022)
2022-11-037RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 10/13/2022, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/19/2022. (See Docket Entry 6 to view document). (zed) (Entered: 11/07/2022)
2022-11-188ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH.(McBride, Patricia) (Entered: 11/18/2022)
2022-11-21MINUTE ORDER. Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before January 20, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/21/2022. (lctnm2) (Entered: 11/21/2022)
2022-11-21Set/Reset Deadlines: Joint Status Report due by 1/20/2023. (hmc) (Entered: 11/21/2022)
2023-01-119Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 01/11/2023)
2023-01-13MINUTE ORDER: Upon consideration of the 9 Joint Status Report, the parties are hereby ORDERED to file a further Joint Status Report by April 13, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/13/2023. (lctnm2) (Entered: 01/13/2023)
2023-01-13Set/Reset Deadlines: Joint Status Report due by 4/13/2023. (ztg) (Entered: 01/13/2023)
2023-04-1010Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 04/10/2023)
2023-04-11MINUTE ORDER: After considering the 10 Joint Status Report, the parties are directed to file another Joint Status Report by June 13, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/11/2023. (lctnm2) (Entered: 04/11/2023)
2023-04-11Set/Reset Deadlines: Joint Status Report due by 6/13/2023. (hmc) (Entered: 04/11/2023)
2023-06-0811Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 06/08/2023)
2023-06-09MINUTE ORDER: After considering the 11 Joint Status Report, the parties are directed to file another Joint Status Report by August 13, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/9/2023. (lctnm2) (Entered: 06/09/2023)
2023-06-12Set/Reset Deadlines: Joint Status Report due by 8/13/2023. (hmc) (Entered: 06/12/2023)
2023-08-1812Joint MOTION for Leave to File by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 08/18/2023)
2023-08-21MINUTE ORDER granting 12 Joint Motion for Leave to File. After considering the 12 Joint Status Report, the Court ORDERS the parties to appear for an in-person status conference on September 11, 2023, at 2:00 p.m. The status conference will be in-person before Judge Trevor N. McFadden in Courtroom 2. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/21/2023. (lctnm2) (Entered: 08/21/2023)
2023-08-2413Unopposed MOTION for Leave to Appear by Telephone to Allow Plaintiff to Appear via Telephone by NATIONAL POLICE ASSOCIATION. (Attachments: # 1 Text of Proposed Order, # 2 7(m) Certificate, # 3 Declaration Hutchison, # 4 Declaration Sorenson)(Sorenson, C.) Modified event on 8/29/2023 (znmw). (Entered: 08/24/2023)
2023-08-28MINUTE ORDER granting 13 Unopposed Motion for Order. The Status Conference set for September 11, 2023, shall now be conducted telephonically. Dial-in details will be sent to the parties. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/28/2023. (lctnm2) (Entered: 08/28/2023)
2023-09-11Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 9/11/2023. Defendant's Motion for Summary Judgment due by 11/15/2023. Plaintiff's Cross-Motion and Opposition to Defendant's Motion for Summary Judgment due by 12/15/2023. Defendant's Opposition to Plaintiff's Cross-Motion and Reply in support of its Motion for Summary Judgment due by 1/19/2024. Plaintiff's Reply in support of its Cross-Motion due by 2/9/2024. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 09/12/2023)
2023-10-1914Consent MOTION for Extension of Time to File by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 10/19/2023)
2023-10-23MINUTE ORDER: The Defendant's 14 Consent Motion for Extension of Time to File is GRANTED IN PART. Defendant's Motion for Summary Judgment is now due by or on 12/20/2023. Plaintiff's Cross-Motion and Opposition to Defendant's Motion for Summary Judgment is due by or on 1/20/2024. Defendant's Opposition to Plaintiff's Cross-Motion and Reply in support of its Motion for Summary Judgment is due by or on 2/20/2024. Plaintiff's Reply in support of its Cross-Motion due by 3/12/2024. Additional requests for extensions of time will be disfavored. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/23/2023. (lctnm2) (Entered: 10/23/2023)
2023-11-2815MOTION to Stay re Order on Motion for Extension of Time to File,,, Set/Reset Deadlines,, (Motion for Stay in the Briefing Schedule) by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 11/28/2023)
2023-11-29MINUTE ORDER: Defendant's 15 Motion for Stay in the Briefing Schedule is DENIED. The parties have now had several months review the materials and negotiate a settlement. The parties are free to pursue mediation simultaneously with dispositive briefing. SO ORDERED. Signed By Judge Trevor N. McFadden on 11/29/2023. (lctnm2) (Entered: 11/29/2023)
2023-12-1316STIPULATION of Dismissal by NATIONAL INSTITUTES OF HEALTH. (McBride, Patricia) (Entered: 12/13/2023)
2023-12-14MINUTE ORDER: Having considered Plaintiff's 16 Stipulation of Dismissal, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the Court ORDERS that this matter is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/14/2023. (lctnm2) (Entered: 12/14/2023)
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