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Case TitleINFORMED CONSENT ACTION NETWORK v. HEALTH RESOURCES AND SERVICES ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00549
Date Filed2024-02-27
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to Health Resources and Services Administration for records concerning agency personnel involved with the Countermeasures Injury Compensation Program. The agency acknowledged receipt of the request. The agency located one page and withheld it entirely under Exemption 6 (invasion of privacy). 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

DefendantHEALTH RESOURCES AND SERVICES ADMINISTRATION
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

2024-02-271COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10718188) 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 HRSA, # 9 Summons to HHS, # 10 Summons to USAG, # 11 Summons to USAO)(Brehm, Elizabeth) (Entered: 02/27/2024)
2024-02-272LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 02/27/2024)
2024-02-28Case Assigned to Judge Jia M. Cobb. (zed) (Entered: 02/28/2024)
2024-03-013SUMMONS (4) Issued Electronically as to HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent)(zed) (Entered: 03/01/2024)
2024-03-064RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HEALTH RESOURCES AND SERVICES ADMINISTRATION served on 3/4/2024 (Brehm, Elizabeth) (Entered: 03/06/2024)
2024-03-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/4/2024 (Brehm, Elizabeth) (Entered: 03/06/2024)
2024-03-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/04/2024. (Brehm, Elizabeth) (Entered: 03/06/2024)
2024-03-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/1/2024. Answer due for ALL FEDERAL DEFENDANTS by 3/31/2024. (Brehm, Elizabeth) (Entered: 03/06/2024)
2024-03-218NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Eckrote, Kaitlin) (Entered: 03/21/2024)
2024-03-219Consent MOTION for Extension of Time to File Answer re 1 Complaint, by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 03/21/2024)
2024-03-22MINUTE ORDER granting 9 Motion for Extension of Time to Answer: In light of the consent motion, and finding good cause, the motion is GRANTED. Defendants' answer is due May 1, 2024. Signed by Judge Jia M. Cobb on March 22, 2024. (lcjmc3) (Entered: 03/22/2024)
2024-04-0310NOTICE of Appearance by Allison Lucas on behalf of INFORMED CONSENT ACTION NETWORK (Lucas, Allison) (Entered: 04/03/2024)
2024-05-0111ANSWER to Complaint by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Eckrote, Kaitlin) (Entered: 05/01/2024)
2024-05-02MINUTE 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 May 16, 2024. Signed by Judge Jia M. Cobb on May 2, 2024. (lcjmc3) (Entered: 05/02/2024)
2024-05-1412JOINT STATUS REPORT. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) Modified docket text on 5/14/2024 (zdp). (Entered: 05/14/2024)
2024-05-1413SCHEDULING ORDER: Defendants' Motion for Summary Judgment is due July 15, 2024. Plaintiff's Opposition/Cross-Motion for Summary Judgment is due August 14, 2024. Defendants' Reply/Opposition to Cross-Motion for Summary Judgment is due September 13, 2024. Plaintiff's Reply is due September 27, 2024. See document for scheduling order and information concerning case procedures. Signed by Judge Jia M. Cobb on May 14, 2024. (lcjmc3) (Entered: 05/14/2024)
2024-07-1514MOTION for Summary Judgment by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration, # 5 Exhibit, # 6 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 07/15/2024)
2024-07-1615MOTION Seal Motion for Summary Judgment re 14 MOTION for Summary Judgment by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) Modified event type on 7/18/2024 (zdp). (Entered: 07/16/2024)
2024-07-18MINUTE ORDER granting 15 Motion to Seal: In light of the motion, the motion is GRANTED. ECF 14-4 is SEALED. Defendants SHALL file a clean version of their motion for summary judgment on the docket. Signed by Judge Jia M. Cobb on 7/18/2024. (zakb) (Entered: 07/18/2024)
2024-07-1816MOTION for Summary Judgment by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration, # 4 Declaration, # 5 Exhibit, # 6 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 07/18/2024)
2024-08-1417Memorandum in opposition to re 16 Motion for Summary Judgment, filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Declaration of Allison R. Lucas, # 2 Statement of Facts, # 3 Evidentiary Objections, # 4 Text of Proposed Order)(Lucas, Allison) (Entered: 08/14/2024)
2024-08-1418Cross MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Allison R. Lucas, # 3 Statement of Facts, # 4 Text of Proposed Order)(Lucas, Allison) (Entered: 08/14/2024)
2024-09-0319Consent MOTION for Extension of Time to File Response/Reply as to 18 Cross MOTION for Summary Judgment by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 09/03/2024)
2024-09-03MINUTE ORDER granting 19 Motion for Extension of Time to File Response/Reply: Upon consideration of Defendants' 19 consent motion for extension of time, it is ORDERED that the parties shall adhere to the following schedule: Defendants' reply/opposition to 18 cross-motion for summary judgment is due by October 23, 2024; and Plaintiff's reply is due by November 15, 2024. Signed by Judge Jia M. Cobb on September 3, 2024. (lcjmc3) (Entered: 09/03/2024)
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by FOIA Project Staff
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