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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01673
Date Filed2024-06-08
Date ClosedOpen
JudgeJudge Royce C. Lamberth
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning emails from or to Frank DeStafano including certain keywords in the subject line. The agency acknowledged receipt of the request. The agency located 58 pages of responsive records and released 22 in full, 10 in part, and withheld 26 pages in full. ICAN filed an administrative appeal but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

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

2024-06-081COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10950925) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Summons to CDC, # 8 Summons to HHS, # 9 Summons to USAG, # 10 Summons to USAO)(Lucas, Allison) (Entered: 06/08/2024)
2024-06-082LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Lucas, Allison) (Entered: 06/08/2024)
2024-06-083NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 06/08/2024)
2024-06-11Case Assigned to Judge Loren L. AliKhan. (mg) (Entered: 06/11/2024)
2024-06-114SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(mg) (Entered: 06/11/2024)
2024-06-265RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 6/14/2024 (Lucas, Allison) (Entered: 06/26/2024)
2024-06-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/14/2024 (Lucas, Allison) (Entered: 06/26/2024)
2024-06-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/17/2024. (Lucas, Allison) (Entered: 06/26/2024)
2024-06-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/11/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/11/2024. (Lucas, Allison) (Entered: 06/26/2024)
2024-07-019Consent MOTION for Extension of Time to Respond to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Ontell, Joshua) (Entered: 07/01/2024)
2024-07-0110NOTICE of Appearance by Joshua Ontell on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Ontell, Joshua) (Entered: 07/01/2024)
2024-07-01MINUTE ORDER: Upon consideration of Defendants' Consent Motion for Extension of Time to Respond to Complaint 9 , it is hereby ORDERED that the motion is GRANTED, and that Defendants shall respond to Plaintiff's complaint on or before August 23, 2024. Signed by Judge Loren L. AliKhan on 7/1/2024. (lclla1) (Entered: 07/01/2024)
2024-07-03Set/Reset Deadlines/Hearings: Answer to complaint due by 8/23/2024. (zcdw) (Entered: 07/03/2024)
2024-07-2411NOTICE OF RELATED CASE by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Case related to Case No. 24-1617, 24-1618, 24-1620, 24-1621, 24-1672, 24-1682. (Ontell, Joshua) (Entered: 07/24/2024)
2024-07-2412ERRATA CORRECTED 2ND PARAGRAPH by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 11 Notice of Related Case. (Ontell, Joshua) (Entered: 07/24/2024)
2024-07-2613Case directly reassigned to Judge Royce C. Lamberth as related. Judge Loren L. AliKhan is no longer assigned to the case. (ztnr) (Entered: 07/26/2024)
2024-08-2314ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Ontell, Joshua) (Entered: 08/23/2024)
2024-08-3015ORDER directing the Government to file a Vaughn index and any supporting dispositive motions by 9/30/2024. Signed by Judge Royce C. Lamberth on 08/30/2024. (lcrcl3) (Entered: 08/30/2024)
2024-09-2716Consent MOTION to Stay Summary Judgment Briefing for 30-Day Joint Status Report by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Ontell, Joshua) (Entered: 09/27/2024)
2024-09-3017ORDER granting 16 Motion to Stay Summary Judgment Briefing; Set/Reset Deadlines: Status Report due by 10/29/2024. Signed by Judge Royce C. Lamberth on 09/30/2024. (lcrcl3) (Entered: 09/30/2024)
2024-10-2918Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Ontell, Joshua) (Entered: 10/29/2024)
2024-10-3119ORDER: Status Report due by 1/30/2025. Signed by Judge Royce C. Lamberth on 10/30/2024. (lcrcl3) (Entered: 10/31/2024)
2024-11-2220NOTICE of Appearance by Fithawi Berhane on behalf of All Defendants (Berhane, Fithawi) (Entered: 11/22/2024)
2024-11-2521NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Allison Lucas terminated. (Brehm, Elizabeth) (Entered: 11/25/2024)
2024-12-0422NOTICE of Appearance by Kevin J Mitchell on behalf of INFORMED CONSENT ACTION NETWORK (Mitchell, Kevin) (Entered: 12/04/2024)
2025-01-1523NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Kevin J Mitchell terminated. (Brehm, Elizabeth) Modified on 1/21/2025 (zjm). Modified docket text on 1/23/2025 (zdp). (Entered: 01/15/2025)
2025-01-21ENTERED IN ERROR.....NOTICE OF ERROR regarding 23 Notice of Withdrawal of Appearance. The following error(s) need correction: Notice of withdrawal must be signed and filed by the withdrawing attorney and signed by the party/parties represented (LCvR 83.6(b)). (zjm) Modified docket text on 1/23/2025 (zdp). (Entered: 01/21/2025)
2025-01-3024Joint STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 01/30/2025)
2025-01-3125ORDER: Status Report due by 4/30/2025. Signed by Judge Royce C. Lamberth on 1/31/2025. (lcrcl3) (Entered: 01/31/2025)
2025-02-2126NOTICE of Appearance by Alycia A Perkins on behalf of INFORMED CONSENT ACTION NETWORK (Perkins, Alycia) (Entered: 02/21/2025)
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by FOIA Project Staff
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