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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01905
Date Filed2024-06-28
Date ClosedOpen
JudgeJudge John D. Bates
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the FDA for records concerning emails from Jason Warfel mentioning the term pertussis and whooping cough. The agency acknowledged receipt of the request. 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

DefendantFOOD AND DRUG ADMINISTRATION
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

2024-06-281COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10994158) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons to FDA, # 6 Summons to HHS, # 7 Summons to USAG, # 8 Summons to USAO)(Brehm, Elizabeth) (Entered: 06/28/2024)
2024-06-282LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 06/28/2024)
2024-07-02Case Assigned to Judge John D. Bates. (znmw) (Entered: 07/02/2024)
2024-07-023SUMMONS (4) Issued Electronically as to FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 07/02/2024)
2024-07-124RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 7/8/2024 (Brehm, Elizabeth) (Entered: 07/12/2024)
2024-07-125RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 7/10/2024 (Brehm, Elizabeth) (Entered: 07/12/2024)
2024-07-126RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/11/2024. (Brehm, Elizabeth) (Entered: 07/12/2024)
2024-07-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/2/2024. Answer due for ALL FEDERAL DEFENDANTS by 8/1/2024. (Brehm, Elizabeth) (Entered: 07/12/2024)
2024-08-018ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Johnson, Stephanie) (Entered: 08/01/2024)
2024-09-049ORDER requiring parties to submit a proposed schedule. See text of Order for details. Signed by Judge John D. Bates on 9/4/2024. (lcjdb1) (Entered: 09/04/2024)
2024-09-2010STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 09/20/2024)
2024-09-2011STATUS REPORT by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Johnson, Stephanie) (Entered: 09/20/2024)
2024-09-2012NOTICE (Defendants' Exhibit 1) by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 11 Status Report (Johnson, Stephanie) (Entered: 09/20/2024)
2024-10-0113SCHEDULING ORDER. See text of Order for details. Signed by Judge John D. Bates on 10/1/2024. (lcjdb1) (Entered: 10/01/2024)
2024-10-2514MOTION to Stay by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Suzann Burk, # 2 Text of Proposed Order)(Johnson, Stephanie) (Entered: 10/25/2024)
2024-11-2215RESPONSE re 14 MOTION to Stay filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 11/22/2024)
2024-12-1316REPLY to opposition to motion re 14 Motion to Stay filed by FOOD AND DRUG ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration of Sarah Kotler)(Johnson, Stephanie) (Entered: 12/13/2024)
2025-02-0417ORDER granting in part and denying in part 14 defendants' motion to stay. See text of Order for details. Signed by Judge John D. Bates on 2/4/2025. (lcjdb1). (Entered: 02/04/2025)
2025-02-2118NOTICE 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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