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Case TitleBickel & Brewer v. United States Department of Health And Human Services et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv02278
Date Filed2014-04-01
Date Closed2014-07-16
JudgeJudge Gregory H. Woods
PlaintiffBickel & Brewer
Case DescriptionThe law firm of Bickel & Brewer, representing 3M, submitted a request to the National Institutes of Health for records concerning a National Institute of Environmental Health Sciences-funded study of the effects of perfluorochemicals on the immune systems of children in a North Atlantic fishing community. NIEHS indicated that it would withhold certain types of information unless the requester objected. The law firm objected to redaction of information about private sources of funding, as well as references to unpublished articles. The agency continued to take the position that such information was considered confidential. It also told the law firm that it never had custody of any raw data from the study. The law firm appealed to the Department of Health and Human Services, but after hearing nothing further, the law firm filed suit.
Complaint issues: Exemption 4 - Confidential business information

DefendantUnited States Department of Health And Human Services
DefendantNational Institute of Evironmental Health Sciences
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-04-011CIVIL COVER SHEET filed. (lcu) (Entered: 04/03/2014)
2014-04-012COMPLAINT against National Institute of Evironmental Health Sciences, United States Department of Health And Human Services. (Filing Fee $ 350.00, Receipt Number 465401091459)Document filed by Bickel & Brewer.(lcu) (Entered: 04/03/2014)
2014-04-01SUMMONS ISSUED as to National Institute of Evironmental Health Sciences, United States Department of Health And Human Services. (lcu) (Entered: 04/03/2014)
2014-04-01Case Designated ECF. (lcu) (Entered: 04/03/2014)
2014-04-01Magistrate Judge Sarah Netburn is so designated. (lcu) (Entered: 04/03/2014)
2014-04-073NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/9/2014 at 10:00 AM in Courtroom 9A of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 4/7/2014) (kgo) (Entered: 04/07/2014)
2014-05-014LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from James Nicholas Boeving dated May 1, 2014. Document filed by National Institute of Evironmental Health Sciences, United States Department of Health And Human Services.(Boeving, James) (Entered: 05/01/2014)
2014-05-015ORDER granting 4 Letter Motion for Extension of Time to Answer. Application granted. The defendants' time to answer the complaint is extended until May 14, 2014. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 05/01/2014)
2014-05-126ANSWER to 2 Complaint. Document filed by National Institute of Evironmental Health Sciences, United States Department of Health And Human Services.(Boeving, James) (Entered: 05/12/2014)
2014-05-217NOTICE OF APPEARANCE by Kaleb McNeely on behalf of Bickel & Brewer. (McNeely, Kaleb) (Entered: 05/21/2014)
2014-05-218RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bickel & Brewer.(McNeely, Kaleb) (Entered: 05/21/2014)
2014-05-219NOTICE OF APPEARANCE by Joshua Timothy Ebersole on behalf of Bickel & Brewer. (Ebersole, Joshua) (Entered: 05/21/2014)
2014-05-2910LETTER MOTION for Conference Postponement addressed to Judge Gregory H. Woods from Kaleb McNeely dated May 29, 2014. Document filed by Bickel & Brewer.(McNeely, Kaleb) (Entered: 05/29/2014)
2014-05-3011ORDER granting 10 Letter Motion for Conference. Application granted. The initial conference scheduled for June 9, 2014 is adjourned to June 16, 2014 at 9:45 a.m. The joint status letter and proposed case management plan are due one week prior to the conference. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 05/30/2014)
2014-06-0912LETTER addressed to Judge Gregory H. Woods from James Nicholas Boeving dated June 9, 2014 re: Case Status Letter. Document filed by National Institute of Evironmental Health Sciences, United States Department of Health And Human Services.(Boeving, James) (Entered: 06/09/2014)
2014-06-16Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 6/16/2014. (Court Reporter Sam Mauro) (Daniels, Anthony) (Entered: 06/16/2014)
2014-06-1613ORDER: The parties informed the Court at the June 16, 2014 conference that they have reached a settlement of this matter. The parties shall submit a stipulation of dismissal by July 16, 2014. If the parties are unable to submit a stipulation by that date, they shall write a joint letter to the Court proposing a date by which to submit a stipulation. (Signed by Judge Gregory H. Woods on 6/16/2014) (djc) (Entered: 06/16/2014)
2014-07-1614STIPULATION OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the parties to the above entitled action, that Defendants will remove all redactions that were made pursuant to Exemption (b)(4) and will reproduce these unredacted documents to Plaintiff within fifteen (15) business days of entry of this stipulation of settlement and dismissal. Redactions made pursuant to Exemptions (b)(5) and (b)(6), which redactions were not challenged, (including evaluative information, personal identifying information or other sensitive information, such as social security numbers, birth dates, institutional base salary, and account and PIN numbers) shall remain redacted. IT IS HEREBY FURTHER STIPULATED AND AGREED, that all claims of the Plaintiff are dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. IT IS HEREBY FURTHER STIPULATED AND AGREED that this dismissal is without search fees, costs, attorneys' fees, or conferral of prevailing party status pursuant to the Freedom of Information Act, 5 U.S.C. § 552, or any other federal statute. This stipulation shall be without prejudice to Plaintiff's right to submit future requests for records pursuant to the Freedom of Information Act. The parties have stipulated to the dismissal of this action under Rule 41(a)(1)(A)(ii). The Clerk of Court is directed to close the case. (Signed by Judge Gregory H. Woods on 7/16/2014) (djc) Modified on 7/16/2014 (djc). Modified on 7/16/2014 (djc). Modified on 7/16/2014 (djc). (Entered: 07/16/2014)
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