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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00750
Date Filed2023-03-20
Date Closed2024-01-26
JudgeJudge Rudolph Contreras
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning whether natural immunity to COVID should count in considering whether someone needed to be vaccinated. The agency acknowledged receipt of the request. The agency told ICAN that it could find no records. ICAN filed an administrative appeal, but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
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
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-201COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9940384) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Civil Cover Sheet, # 4 Summons to CDC, # 5 Summons to HHS, # 6 Summons to USAG, # 7 Summons to US Attorney)(Farnsworth, Colin) (Entered: 03/20/2023)
2023-03-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 03/20/2023)
2023-03-21NOTICE OF ERROR re 1 Complaint; emailed to cfarnsworth@sirillp.com, cc'd 2 associated attorneys -- The PDF file you docketed contained errors: 1. Blank or missing coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl, ) (Entered: 03/21/2023)
2023-03-213CIVIL COVER SHEET by INFORMED CONSENT ACTION NETWORK filed by INFORMED CONSENT ACTION NETWORK.(Farnsworth, Colin) (Entered: 03/21/2023)
2023-03-22Case Assigned to Judge Rudolph Contreras. (zsl) (Entered: 03/22/2023)
2023-03-224SUMMONS (4) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/22/2023)
2023-04-045NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 04/04/2023)
2023-04-046NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 04/04/2023)
2023-04-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2023. (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/27/2023. (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-049RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 3/27/2023 (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-0410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 3/27/2023 (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-2111ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Peterson, Benton) (Entered: 04/21/2023)
2023-04-21MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a proposed briefing schedule on or before May 5, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/21/23. (lcrc2) (Entered: 04/21/2023)
2023-04-24Set/Reset Deadlines: Proposed Briefing Schedule due by 5/5/2023 (tj) (Entered: 04/24/2023)
2023-05-0512Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Peterson, Benton) (Entered: 05/05/2023)
2023-05-05MINUTE ORDER: Upon consideration of 12 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before June 6, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 5-5-2023. (lcrc3) (Entered: 05/05/2023)
2023-05-11Set/Reset Deadlines: Status Report due by 6/6/2023 (tj) (Entered: 05/11/2023)
2023-05-1713NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/17/2023)
2023-06-0614Joint STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 06/06/2023)
2023-07-05MINUTE ORDER: Upon consideration of 14 the parties' Joint Status Report, it is hereby ORDERED that the following briefing schedule shall govern the proceedings. Defendants shall submit their motion for summary judgment on August 8, 2023; Plaintiff shall submit its cross-motion and opposition on September 8, 2023; Defendants shall submit their reply and opposition on September 29, 2023; Plaintiff shall submit its reply on October 20, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7-5-2023. (lcrc3) (Entered: 07/05/2023)
2023-08-0715Consent MOTION for Extension of Time to File by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 08/07/2023)
2023-08-08MINUTE ORDER: Upon consideration of the 15 Motion for Extension of Time to File, the motion is GRANTED. It is hereby ORDERED that the following briefing schedule shall govern the proceedings. Defendants shall submit their motion for summary judgment on August 22, 2023; Plaintiff shall submit its cross-motion and opposition on September 22, 2023; Defendants shall submit their reply and opposition on October 13, 2023; Plaintiff shall submit its reply on November 3, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8-8-2023. (lcrc3) (Entered: 08/08/2023)
2023-08-2216MOTION for Summary Judgment by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(znmw) (Entered: 08/23/2023)
2023-09-2217Cross MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Statement of Facts, # 5 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 09/22/2023)
2023-09-2218RESPONSE re 16 MOTION for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brehm, Elizabeth) (Entered: 09/22/2023)
2023-10-1219Consent MOTION for Extension of Time to File Response/Reply by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/12/2023)
2023-10-12MINUTE ORDER: Upon consideration of the 19 Motion for Extension of Time to File Response/Reply, the motion is GRANTED. It is hereby ORDERED that the following briefing schedule shall govern the proceedings. Defendants shall submit their reply and opposition on October 27, 2023; Plaintiff shall submit its reply on November 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 10-12-2023. (lcrc3) (Entered: 10/12/2023)
2023-10-2620Consent MOTION for Extension of Time to File Response/Reply by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 10/26/2023)
2023-10-26MINUTE ORDER: Upon consideration of the 20 Motion for Extension of Time to File Response/Reply, the motion is GRANTED. It is hereby ORDERED that the following briefing schedule shall govern the proceedings. Defendants shall submit their reply and opposition on November 3, 2023; Plaintiff shall submit its reply on November 24, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 10-26-2023. (lcrc3) (Entered: 10/26/2023)
2023-11-0321Memorandum in opposition to re 17 Motion for Summary Judgment filed by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Peterson, Benton) (Entered: 11/03/2023)
2023-11-0322REPLY to opposition to motion re 16 MOTION for Summary Judgment filed by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts (Response), # 2 Declaration)(Peterson, Benton) (Entered: 11/03/2023)
2023-11-0323NOTICE of filing Statement of Material Facts by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 16 Motion for Summary Judgment (Attachments: # 1 Exhibit)(Peterson, Benton) (Entered: 11/03/2023)
2023-11-1624Joint MOTION for Extension of Time to File Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 11/16/2023)
2023-11-17MINUTE ORDER: Upon consideration of the 24 Joint Motion for Extension of Time to File Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment, the motion is GRANTED. It is hereby ORDERED that Plaintiff shall file its reply on or before December 8, 2023, if the parties have not reached an agreement by then. SO ORDERED. Signed by Judge Rudolph Contreras on 11-17-2023. (lcrc3) (Entered: 11/17/2023)
2023-12-0825Joint MOTION for Extension of Time to File Response/Reply by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 12/08/2023)
2023-12-08MINUTE ORDER: Upon consideration of the 25 Joint Motion for Extension of Time to File Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment, the motion is GRANTED. It is hereby ORDERED that Plaintiff shall file its reply on or before December 22, 2023, if the parties have not reached an agreement by then. SO ORDERED. Signed by Judge Rudolph Contreras on 12-8-2023. (lcrc3) (Entered: 12/08/2023)
2023-12-2126Joint MOTION for Extension of Time to File Response/Reply in Support of Plaintiff's Cross-Motion for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 12/21/2023)
2023-12-21MINUTE ORDER: Upon consideration of the 26 Joint Motion for Extension of Time to File Plaintiff's Reply in Support of Plaintiff's Cross-Motion for Summary Judgment, the motion is GRANTED. It is hereby ORDERED that Plaintiff shall file its reply on or before January 12, 2024, if the parties have not reached an agreement by then. SO ORDERED. Signed by Judge Rudolph Contreras on 12-21-2023. (lcrc3) (Entered: 12/21/2023)
2024-01-1227STIPULATION of Dismissal by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 01/12/2024)
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