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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01960
Date Filed2023-07-07
Date Closed2024-02-09
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the study designs for the study entitled "Post-COVID Conditions Among Adult COVID -19 Survivors." The agency acknowledged receipt of the request. The agency located a 13-page Excel file that was responsive and withheld portions of it under Exemption 5 (privileges). ICAN filed an administrative appeal of the denial. The Department of Health and Human Services acknowledged receipt of the 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
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-071COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10188729) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons to CDC, # 8 Summons to HHS, # 9 Summons to USAG, # 10 Summons to US Attorney)(Siri, Aaron) (Entered: 07/07/2023)
2023-07-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 07/07/2023)
2023-07-073NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 07/07/2023)
2023-07-10Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 07/10/2023)
2023-07-104SUMMONS (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 (Attachments: # 1 Notice and Consent)(zcb) (Entered: 07/10/2023)
2023-07-175ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 7/17/23. (DM) (Entered: 07/17/2023)
2023-07-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/10/2023. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2023. (Brehm, Elizabeth) (Entered: 07/20/2023)
2023-07-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 17, 2023. (Brehm, Elizabeth) (Entered: 07/20/2023)
2023-07-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 7/14/2023 (Brehm, Elizabeth) (Entered: 07/20/2023)
2023-07-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 7/14/2023 (Brehm, Elizabeth) (Entered: 07/20/2023)
2023-08-0910ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Levy, Brian) (Entered: 08/09/2023)
2023-08-1011ORDER directing parties to file joint status report on or before September 7, 2023 . Signed by Judge Colleen Kollar-Kotelly on August 10, 2023. (lcckk1) (Entered: 08/10/2023)
2023-08-1012NOTICE of Appearance by Brian J. Levy on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (Levy, Brian) (Entered: 08/10/2023)
2023-08-1013ORDER directing parties to file joint status report on or before September 7, 2023 . Signed by Judge Colleen Kollar-Kotelly on August 10, 2023. (lcckk1) (Entered: 08/10/2023)
2023-09-0714Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 09/07/2023)
2023-09-08MINUTE ORDER: In light of the parties' 14 Joint Status Report, the parties shall file another joint status report on or before November 1, 2023 and, if necessary, another joint status report every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on September 8, 2023. (lcckk1) (Entered: 09/08/2023)
2023-09-08Set/Reset Deadlines: Joint Status Report due by 11/1/2023 and, if necessary, another joint status report every ninety days thereafter. (dot) (Entered: 09/21/2023)
2023-11-0115Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Levy, Brian) (Entered: 11/01/2023)
2024-01-3016Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Levy, Brian) (Entered: 01/30/2024)
2024-02-0817STIPULATION of Dismissal by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Levy, Brian) (Entered: 02/08/2024)
2024-02-0918ORDER dismissing case with prejudice. Signed by Judge Colleen Kollar-Kotelly on 2/9/2024. (lcckk1) (Entered: 02/09/2024)
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by FOIA Project Staff
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