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Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL CANCER INSTITUTE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00279
Date Filed2024-01-30
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to Informed Consent Action Network for records concerning email communications between Eric O'Freed and Oliver Schildgen, and emails from O'Freed mentioning Jiang. The agency acknowledged receipt of the request. The agency denied the request under Exemption 4 (commercial and confidential). ICAN filed an administrative appeal. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL CANCER INSTITUTE
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
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-01-301COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10655359) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons to NCI, # 9 Summons to HHS, # 10 Summons to USAG, # 11 Summons to USAO)(Brehm, Elizabeth) (Entered: 01/30/2024)
2024-01-302LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 01/30/2024)
2024-01-31Case Assigned to Judge Jia M. Cobb. (zsl) (Entered: 01/31/2024)
2024-02-013SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 02/01/2024)
2024-02-024MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10665075. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 02/02/2024)
2024-02-06MINUTE ORDER: granting 4 Motion for Leave to Appear Pro Hac Vice. R. Scott Pietrowski is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Mr. Pietrowski's declaration indicates he has been admitted pro hac vice before this court fourteen times in the past two years. Pro hac applicants who seek admission more than twice within two years are highly encouraged to become members of the Bar for this court. Future applications from Mr. Pietrowski will be disfavored barring extenuating circumstances. 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 February 6, 2024. (lcjmc3) (Entered: 02/06/2024)
2024-02-065NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 02/06/2024)
2024-02-096RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL CANCER INSTITUTE served on 2/7/2024 (Brehm, Elizabeth) (Entered: 02/09/2024)
2024-02-097RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/7/2024 (Brehm, Elizabeth) (Entered: 02/09/2024)
2024-02-098RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/08/2024. (Brehm, Elizabeth) (Entered: 02/09/2024)
2024-02-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/2/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/3/2024. (Brehm, Elizabeth) (Entered: 02/09/2024)
2024-03-0410NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 03/04/2024)
2024-03-0411ANSWER to Complaint by NATIONAL CANCER INSTITUTE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Carilli, Joseph) (Entered: 03/04/2024)
2024-03-04MINUTE 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 March 18, 2024. Signed by Judge Jia M. Cobb on March 4, 2024. (lcjmc3) (Entered: 03/04/2024)
2024-03-1812Joint STATUS REPORT by NATIONAL CANCER INSTITUTE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Carilli, Joseph) (Entered: 03/18/2024)
2024-03-1813SCHEDULING ORDER: See attached document for deadlines and case procedures. Signed by Judge Jia M. Cobb on March 18, 2024. (lcjmc3) (Entered: 03/18/2024)
2024-05-2014Unopposed MOTION to Modify Briefing Schedule by NATIONAL CANCER INSTITUTE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Carilli, Joseph) (Entered: 05/20/2024)
2024-05-21MINUTE ORDER granting 14 Motion to Modify Schedule: Having reviewed the motion, and for good cause shown, the Court hereby GRANTS the motion. It is further ORDERED that the 13 scheduling order is modified as follows: Defendants' motion for summary judgment due May 24, 2024; Plaintiff's cross-motion and response due June 21, 2024; Defendants' reply and cross-motion response due July 19, 2024; Plaintiff's cross-motion reply due August 9, 2024. Signed by Judge Jia M. Cobb on May 21, 2024. (lcjmc2) (Entered: 05/21/2024)
2024-05-2415MOTION for Summary Judgment by NATIONAL CANCER INSTITUTE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A)(Carilli, Joseph) (Entered: 05/24/2024)
2024-06-2116Cross MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of R. Scott Pietrowski, # 4 Text of Proposed Order)(Pietrowski, Richard) (Entered: 06/21/2024)
2024-06-2117Memorandum in opposition to re 15 Motion for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Pietrowski, Richard) (Entered: 06/21/2024)
2024-07-1918Memorandum in opposition to re 16 Motion for Summary Judgment filed by NATIONAL CANCER INSTITUTE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Statement of Facts)(Carilli, Joseph) (Entered: 07/19/2024)
2024-07-1919REPLY to opposition to motion re 15 MOTION for Summary Judgment filed by NATIONAL CANCER INSTITUTE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Carilli, Joseph) (Entered: 07/19/2024)
2024-08-0820REPLY to opposition to motion re 16 Cross MOTION for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Pietrowski, Richard) (Entered: 08/08/2024)
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by FOIA Project Staff
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