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Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00801
Date Filed2024-03-19
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails from Anthony Fauci between May 2020 and May 2021 that includes of terms SARS-CoV and COVID. The agency acknowledged receipt of the receipt. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

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

2024-03-191COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10767014) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons to NIH, # 6 Summons to HHS, # 7 Summons to USAG, # 8 Summons to USAO)(Brehm, Elizabeth) (Entered: 03/19/2024)
2024-03-192LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 03/19/2024)
2024-03-20Case Assigned to Judge Trevor N. McFadden. (mg) (Entered: 03/20/2024)
2024-03-203SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 03/20/2024)
2024-03-204STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are ORDERED to read and comply with the directives in the attached standing order. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2024. (lctnm1) (Entered: 03/20/2024)
2024-03-295RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 3/25/2024 (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-03-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/25/2024 (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-03-297RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/26/2024. (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-03-298RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/21/2024. Answer due for ALL FEDERAL DEFENDANTS by 4/20/2024. (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-04-229NOTICE of Appearance by Brian J. Levy on behalf of NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Levy, Brian) (Entered: 04/22/2024)
2024-04-2210ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Levy, Brian) (Entered: 04/22/2024)
2024-04-22MINUTE ORDER: Before the Court are a Complaint and Answer in this FOIA case. It is hereby ORDERED that the parties meet and confer and that they then file a Joint Status Report proposing a schedule for proceeding in this matter. That JSR should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the JSR by May 27, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 04/22/2024. (lctnm1) (Entered: 04/22/2024)
2024-05-0711NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 05/07/2024)
2024-05-2812Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 05/28/2024)
2024-05-28MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, the parties are ordered to submit additional joint status reports every 60 days apprising the Court of the parties' progress and proposing next steps. The first report is due on July 29. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/28/2024. (lctnm1) (Entered: 05/28/2024)
2024-07-2913Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Levy, Brian) (Entered: 07/29/2024)
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