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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00406
Date Filed2024-02-10
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted two FOIA requests to the Centers for Disease Control. The first FOIA request asked for records data sets pertaining to COIVID-19. The second FOIA request asked for records concerning analysis plans for a study on COVID-19. The agency acknowledged receipt of the requests. The agency told ICAN that it did not have any records responsive to its requests. ICAN filed administrative appeals for both no records responses. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-02-101COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10681506) 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 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet, # 12 Summons to CDC, # 13 Summons to HHS, # 14 Summons to USAG, # 15 Summons to USAO)(Brehm, Elizabeth) (Entered: 02/10/2024)
2024-02-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 02/10/2024)
2024-02-13Case Assigned to Judge Tanya S. Chutkan. (znmw) (Entered: 02/13/2024)
2024-02-133SUMMONS (4) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/13/2024)
2024-02-164MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10697172. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 02/16/2024)
2024-02-20MINUTE 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 Informed Consent Action Network. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . The court notes that Pietrowski has been admitted pro hac vice to practice in this court sixteen 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. Signed by Judge Tanya S. Chutkan on 2/20/24. (lce) (Entered: 02/20/2024)
2024-02-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 2/16/2024 (Brehm, Elizabeth) (Entered: 02/20/2024)
2024-02-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/16/2024 (Brehm, Elizabeth) (Entered: 02/20/2024)
2024-02-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/20/2024. (Brehm, Elizabeth) (Entered: 02/20/2024)
2024-02-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/13/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/14/2024. (Brehm, Elizabeth) (Entered: 02/20/2024)
2024-02-209NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 02/20/2024)
2024-03-1410ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 03/14/2024)
2024-03-14MINUTE ORDER: Before the Court in this FOIA case are a Complaint and an Answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than 4/26/24. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/14/24. (lce) (Entered: 03/14/2024)
2024-04-2511Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/25/2024)
2024-04-25MINUTE ORDER: Upon consideration of 11 Joint Status Report, the parties shall confer and file another joint status report on or before June 26, 2024, and every 60 days thereafter. To the extent the parties request a change in the status quo, the status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 4/25/24. (lce) (Entered: 04/25/2024)
2024-06-2612Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/26/2024)
2024-08-2613Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 08/26/2024)
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