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Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03361
Date Filed2023-11-08
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails sent or received by Anthony Fauci after January1, 2011 that include "Johnson & Johnson," "J&J," or "Jansen" as well as payment terms. ICAN also requested expedited processing. The agency acknowledged receipt of the request and denied ICAN's request for expedited processing. NIH asked ICAN to narrow its search terms, which it did. 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

DefendantNATIONAL INSTITUTES OF HEALTH
DefendantDEPARTMENT 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-081COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10482963) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons to NIH, # 7 Summons to HHS, # 8 Summons to USAG, # 9 Summons to USAO)(Brehm, Elizabeth) (Entered: 11/08/2023)
2023-11-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 11/08/2023)
2023-11-083MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10482968. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 11/08/2023)
2023-11-09Case Assigned to Judge Jia M. Cobb. (zdp) (Entered: 11/09/2023)
2023-11-094SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 11/09/2023)
2023-11-13MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice: Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Jia M. Cobb on November 13, 2023. (lcjmc1) (Entered: 11/13/2023)
2023-11-205NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 11/20/2023)
2023-11-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/9/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/9/2023. (Pietrowski, Richard) (Entered: 11/20/2023)
2023-11-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/16/2023. (Pietrowski, Richard) (Entered: 11/20/2023)
2023-11-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/17/2023 (Pietrowski, Richard) (Entered: 11/20/2023)
2023-11-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 11/15/2023 (Pietrowski, Richard) (Entered: 11/20/2023)
2023-12-0410NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 12/04/2023)
2023-12-0411Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/04/2023)
2023-12-05MINUTE ORDER granting 11 Consent Motion for Extension to Respond: It is ORDERED that the Motion is GRANTED. Defendant shall have through and including December 20, 2023, to respond to Plaintiff's Complaint. Signed by Judge Jia M. Cobb on December 5, 2023 (lcjmc1) (Entered: 12/05/2023)
2023-12-2012ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH.(Curteman, Dedra) (Entered: 12/20/2023)
2023-12-26MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by January 9, 2024. Signed by Judge Jia M. Cobb on December 26, 2023. (lcjmc1) (Entered: 12/26/2023)
2024-01-0213NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-2586. (Curteman, Dedra) (Entered: 01/02/2024)
2024-01-0914Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 01/09/2024)
2024-01-1015SCHEDULING ORDER: The Parties are hereby ORDERED to file a joint status report by February 12, 2024 and every 90 days thereafter until further order of the Court. See document for details. Signed by Judge Jia M. Cobb on January 10, 2024. (lcjmc1) (Entered: 01/10/2024)
2024-02-1216Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 02/12/2024)
2024-02-26Cases Consolidated. This case has been consolidated with case 23cv2586 From this date forward, all pleadings shall be filed ONLY in the lead case, 23cv2586. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp) (Entered: 03/21/2024)
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by FOIA Project Staff
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