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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01682
Date Filed2024-06-10
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 in the custody of Frank DeStafano containing the term Plotkin. The agency acknowledged receipt of the request. The agency located 112 pages and withheld 110 pages under Exemption 5 (privileges). ICAN filed an administrative appeal. 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

2024-06-101COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10954113) 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)(Lucas, Allison) (Entered: 06/10/2024)
2024-06-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Lucas, Allison) (Entered: 06/10/2024)
2024-06-103NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 06/10/2024)
2024-06-12Case Assigned to Judge Randolph D. Moss. (zcb) (Entered: 06/12/2024)
2024-06-124SUMMONS (4) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 06/12/2024)
2024-06-135STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 6/13/2024. (lcrdm1) (Entered: 06/13/2024)
2024-06-266RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 6/17/2024 (Lucas, Allison) (Entered: 06/26/2024)
2024-06-267RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/17/2024 (Lucas, Allison) (Entered: 06/26/2024)
2024-06-268RETURN 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)
2024-06-269RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2024. Answer due for ALL FEDERAL DEFENDANTS by 7/12/2024. (Lucas, Allison) (Entered: 06/26/2024)
2024-07-0210NOTICE 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: 07/02/2024)
2024-07-1211ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Silverman, Bradley) (Entered: 07/12/2024)
2024-07-21MINUTE ORDER: It is ORDERED that, on or before August 22, 2024, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is further ORDERED that the parties shall appear for an Initial Scheduling Conference on August 29, 2024 at 10:30 a.m., in Courtroom 8. Signed by Judge Randolph D. Moss on 7/21/2024. (lcrdm1) (Entered: 07/21/2024)
2024-07-2312NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 24-1617, 24-1618, 24-1620, 24-1621, 24-1672, 24-1673. (Silverman, Bradley) (Entered: 07/23/2024)
2024-07-2613Case directly reassigned to Judge Royce C. Lamberth as there is an earlier related case. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 07/26/2024)
2024-07-3014Joint MOTION to Vacate Status Conference by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 07/30/2024)
2024-07-3115ORDER granting Joint Motion 14 to Vacate Status Conference: It is hereby ORDERED that the parties' motion is GRANTED. The status conference scheduled for 08/29/2024 at 10:00 AM in Courtroom 8 is VACATED. Signed by Judge Royce C. Lamberth on 07/31/2024. (lcrcl3) (Entered: 07/31/2024)
2024-08-0916MEET & ORDER. Signed by Judge Royce C. Lamberth on 08/08/2024. (lcrcl3) (Entered: 08/09/2024)
2024-08-1917Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 08/19/2024)
2024-09-30MINUTE ORDER: The parties shall file a status report on or before 11/22/2024 and every ninety (90) days thereafter. Signed by Judge Royce C. Lamberth on 09/30/2024. (lcrcl3) (Entered: 09/30/2024)
2024-11-2218Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 11/22/2024)
2024-11-2519NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Allison Lucas terminated. (Brehm, Elizabeth) (Entered: 11/25/2024)
2024-12-0420NOTICE of Appearance by Kevin J Mitchell on behalf of INFORMED CONSENT ACTION NETWORK (Mitchell, Kevin) (Entered: 12/04/2024)
2025-01-1521NOTICE 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 21 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)
2025-02-2022Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 02/20/2025)
2025-02-21MINUTE ORDER: The parties are ORDERED to file a joint status report within 90 days of this Order. Signed by Judge Royce C. Lamberth on 2/21/2025. (lcrcl3) (Entered: 02/21/2025)
2025-02-2123NOTICE 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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