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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00812
Date Filed2024-03-20
Date ClosedOpen
JudgeJudge Loren L. AliKhan
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning Daily Priority Reports sent to the agency from VAERS contractor. The agency acknowledged the receipt of the request. The agency responded that it had located 3,445 pages of responsive records. It disclosed 1,459 pages in full or in part and withheld 1,986 pages entirely 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-10769863) 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 Loren L. AliKhan. (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 on United States Attorney General. Date of Service Upon United States Attorney General 03/26/2024. (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-03-296RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2024. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2024. (Brehm, Elizabeth) (Entered: 03/29/2024)
2024-04-037NOTICE of Appearance by Allison Lucas on behalf of INFORMED CONSENT ACTION NETWORK (Lucas, Allison) (Entered: 04/03/2024)
2024-04-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/18/2024 (Lucas, Allison) (Entered: 04/18/2024)
2024-04-229ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 04/22/2024)
2024-04-2210ORDER directing the parties to meet and confer and file a Joint Status Report. See Order for details. Signed by Judge Loren L. AliKhan on 4/22/2024. (lclla1) (Entered: 04/22/2024)
2024-04-22Set/Reset Deadlines/Hearings: Joint Status Report due by 5/21/2024. (zcdw) (Entered: 04/22/2024)
2024-05-2111Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 05/21/2024)
2024-05-23MINUTE ORDER: Upon consideration of the parties' Joint Status Report 11 , it is hereby ORDERED that the parties shall file another joint status report on or before July 25, 2024, updating the court on whether Defendant has provided a draft declaration to Plaintiff and how the parties would like to proceed. Signed by Judge Loren L. AliKhan on 5/23/2024. (lclla1) (Entered: 05/23/2024)
2024-05-27Set/Reset Deadlines/Hearings: Joint Status Report due by 7/25/2024. (zcdw) (Entered: 05/27/2024)
2024-07-2512Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 07/25/2024)
2024-07-26VACATED PURSUANT TO COURT'S ORDER OF 9/9/2024.......MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12 , it is hereby ORDERED that the following schedule shall govern summary judgment briefing: Defendants shall file their motion for summary judgment on or before September 12, 2024; Plaintiff shall file its cross-motion for summary judgment and opposition to Defendants' motion on or before October 15, 2024; Defendants shall file their reply in support of their motion for summary judgment and opposition to Plaintiffs' cross-motion on or before November 5, 2024; and Plaintiff shall file its reply in support of its cross-motion on or before November 26, 2024. Signed by Judge Loren L. AliKhan on 7/26/2024. (lclla1) Modified on 9/9/2024 (zcdw). (Entered: 07/26/2024)
2024-09-0913Consent MOTION to Vacate Summary Judgment Briefing Schedule by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/09/2024)
2024-09-09MINUTE ORDER: Upon consideration of the parties' Consent Motion to Vacate Summary Judgment Briefing Schedule 13 , it is hereby ORDERED that the motion is GRANTED and the briefing schedule is VACATED. It is furthered ORDERED that the parties shall file a joint status report on or before October 9, 2024, unless a stipulation of dismissal is filed before then. Signed by Judge Loren L. AliKhan on 09/09/2024. (lclla1) (Entered: 09/09/2024)
2024-09-09Set/Reset Deadlines/Hearings: Joint Status Report due by 10/9/2024. (zcdw) (Entered: 09/09/2024)
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by FOIA Project Staff
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