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Case TitleInformed Consent Action Network v. Centers for Disease Control and Prevention et al
DistrictWestern District of Texas
CityAustin
Case Number1:2022cv01130
Date Filed2022-11-02
Date Closed2023-07-12
JudgeJudge Robert Pitman
PlaintiffInformed Consent Action Network
Case DescriptionThe Informed Consent Action Network submitted two FOIA requests to the Centers for Disease Control for record concerning drug product lot numbers for the Moderna COVID-19 vaccine. The agency acknowledged receipt of the requests. The agency disclosed some records but withheld others under Exemption 4 (commercial and confidential). ICAN filed an administrative appeal of the denial. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Exemption 4 - Confidential business information, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCenters for Disease Control and Prevention
DefendantU.S. Department of Health 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

2022-11-021COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-16712328), filed by Informed Consent Action Network. (Attachments: # 1 Exhibit Appeal (22-01273-FOIA), # 2 Exhibit Appeal Acknowledgment (22-01273-FOIA), # 3 Exhibit Appeal (22-01274-FOIA), # 4 Exhibit Appeal Acknowledgment (22-01274-FOIA), # 5 Civil Cover Sheet)(Siri, Aaron) (Entered: 11/02/2022)
2022-11-022REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. for Centers for Disease Control and Prevention (Siri, Aaron) (Entered: 11/02/2022)
2022-11-023REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. for U.S. Department of Health and Human Services (Siri, Aaron) (Entered: 11/02/2022)
2022-11-024RULE 7 DISCLOSURE STATEMENT filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 11/02/2022)
2022-11-045MOTION to Appear Pro Hac Vice by Aaron Siri for Elizabeth A. Brehm ( Filing fee $ 100 receipt number ATXWDC-16718762) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 11/04/2022)
2022-11-046MOTION to Appear Pro Hac Vice by Aaron Siri for Colin M. Farnsworth ( Filing fee $ 100 receipt number ATXWDC-16718789) by on behalf of Informed Consent Action Network. (Siri, Aaron) (Entered: 11/04/2022)
2022-11-04Case 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. (cr5) (Entered: 11/04/2022)
2022-11-04If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Mark Lane. (cr5) (Entered: 11/04/2022)
2022-11-047Summons Issued as to Centers for Disease Control and Prevention. (cr5) (Entered: 11/04/2022)
2022-11-048Summons Issued as to U.S. Department of Health and Human Services. (cr5) (Entered: 11/04/2022)
2022-11-109ORDER GRANTING 5 Motion to Appear Pro Hac Vice as to ELIZABETH A. BREHM. 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. Registration is managed by the PACER Service Center Signed by Judge Robert Pitman. (cc3) (Entered: 11/10/2022)
2022-11-1010ORDER GRANTING 6 Motion to Appear Pro Hac Vice as to COLIN M. FRANSWORTH. 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. Registration is managed by the PACER Service Center Signed by Judge Robert Pitman. (cc3) (Entered: 11/10/2022)
2022-11-1611REQUEST FOR ISSUANCE OF SUMMONS by Informed Consent Action Network. (Siri, Aaron) (Entered: 11/16/2022)
2022-11-1613NOTICE of Filing; copy of letter (cc3) (Entered: 11/18/2022)
2022-11-1712Summons Issued as to U.S. Attorney and U.S. Attorney General (cc3) (Entered: 11/17/2022)
2022-12-0614SUMMONS Returned Executed by Informed Consent Action Network. Centers for Disease Control and Prevention served on 11/7/2022, answer due 1/6/2023; U.S. Department of Health and Human Services served on 11/7/2022, answer due 1/6/2023. (Farnsworth, Colin) (Entered: 12/06/2022)
2022-12-2115ANSWER to 1 Complaint, . Attorney David B. Goode added to party Centers for Disease Control and Prevention(pty:dft), Attorney David B. Goode added to party U.S. Department of Health and Human Services(pty:dft) by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services.(Goode, David) (Entered: 12/21/2022)
2023-02-2116STATUS REPORT AND PROPOSED AGREED SCHEDULING ORDER by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Proposed Order)(Goode, David) (Entered: 02/21/2023)
2023-02-2817AGREED SCHEDULING ORDER. Signed by Judge Robert Pitman. (pg) (Entered: 02/28/2023)
2023-03-3018STATUS REPORT Joint by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Goode, David) (Entered: 03/30/2023)
2023-05-0119STATUS REPORT Joint by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Goode, David) (Entered: 05/01/2023)
2023-05-1720MOTION to Withdraw as Attorney Colin M. Farnsworth by Informed Consent Action Network. (Attachments: # 1 Proposed Order)(Brehm, Elizabeth) (Entered: 05/17/2023)
2023-05-3121STATUS REPORT AND JOINT MOTION FOR AMENDED SCHEDULING ORDER by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit A - PLAINTIFFS PROPOSED AMENDED SCHEDULING ORDER, # 2 Exhibit B - DEFENDANTS PROPOSED AMENDED SCHEDULING ORDER)(Goode, David) (Entered: 05/31/2023)
2023-06-01Text Order GRANTING 20 Motion to Withdraw as Attorney entered by Judge Robert Pitman. In light of the lack of opposition, IT IS ORDERED that Colin M. Farnsworth is withdrawn as counsel in this case. The parties are reminded to include a certificate of conference with motions to withdraw or substitute attorneys. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sh) (Entered: 06/01/2023)
2023-07-1122STIPULATION of Dismissal by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 07/11/2023)
2023-07-1223ORDER CLOSING CASE. Signed by Judge Robert Pitman. (cc3) (Entered: 07/12/2023)
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