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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00810
Date Filed2024-03-20
Date Closed2024-09-06
JudgeJudge Timothy J. Kelly
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted two FOIA requests to the Centers for Disease Control for records concerning for communications sent or received by two named individuals pertaining to a report on COVID-19. The agency acknowledged receipt of the requests. The agency located 22 responsive pages. The agency withheld all 22 pages under Exemption 5 (privileges). 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

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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-201COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10769853) 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 CDC, # 9 Summons to HHS, # 10 Summons to USAG, # 11 Summons to USAO)(Brehm, Elizabeth) (Entered: 03/20/2024)
2024-03-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 03/20/2024)
2024-03-21Case Assigned to Judge Timothy J. Kelly. (mg) (Entered: 03/21/2024)
2024-03-213SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 03/21/2024)
2024-03-294RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 3/25/2024 (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-03-295RETURN 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)
2024-03-296RETURN 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)
2024-03-297RETURN 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)
2024-04-128NOTICE of Appearance by Bradley Silverman on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Silverman, Bradley) (Entered: 04/12/2024)
2024-04-229ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Silverman, Bradley) (Entered: 04/22/2024)
2024-04-23MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file, by May 7, 2024, a joint proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 4/23/2024. (lctjk3) (Entered: 04/23/2024)
2024-05-0710Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 05/07/2024)
2024-05-0711NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 05/07/2024)
2024-05-09MINUTE ORDER: Upon consideration of the parties' 10 Joint Status Report, it is hereby ORDERED that the parties shall file, by June 7, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 5/9/2024. (lctjk3) (Entered: 05/09/2024)
2024-06-0712Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 06/07/2024)
2024-06-11MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall file, by July 8, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 6/11/2024. (lctjk3) (Entered: 06/11/2024)
2024-07-0813Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 07/08/2024)
2024-07-10MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file, by September 9, 2024, a further joint status report. Signed by Judge Timothy J. Kelly on 7/10/2024. (lctjk3) (Entered: 07/10/2024)
2024-09-0614STIPULATION of Dismissal by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 09/06/2024)
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by FOIA Project Staff
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