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Case TitleInformed Consent Action Network v. National Institutes of Health et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv02000
Date Filed2018-03-06
Date Closed2018-06-04
JudgeJudge Paul A. Crotty
PlaintiffInformed Consent Action Network
Case DescriptionInformed Consent Action Network submitted a FOIA request to the National Institute of Health for recommendations made to improve the safety of childhood vaccines. NIH told the Network that 37 pages were being referred to the Health Resources and Services Administration for direct response, but that otherwise all responsive records were publicly available online. The Network filed an administrative appeal of NIH's response. In response to the Network's appeal, NIH again told the Network that all records except for 37 pages sent to HRSA were available online. The Informed Consent Action Network then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantNational Institutes of Health
DefendantHealth Resources & Services Administration
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

2018-03-061COMPLAINT against Health Resources & Services Administration, National Institutes of Health. (Filing Fee $ 400.00, Receipt Number 0208-14776024)Document filed by Informed Consent Action Network. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Siri, Aaron) (Entered: 03/06/2018)
2018-03-062CIVIL COVER SHEET filed. (Siri, Aaron) (Entered: 03/06/2018)
2018-03-063REQUEST FOR ISSUANCE OF SUMMONS as to National Institutes of Health, re: 1 Complaint,. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 03/06/2018)
2018-03-064REQUEST FOR ISSUANCE OF SUMMONS as to Health Resources & Services Administration, re: 1 Complaint,. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 03/06/2018)
2018-03-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 03/08/2018)
2018-03-08Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 03/08/2018)
2018-03-08Case Designated ECF. (pc) (Entered: 03/08/2018)
2018-03-085ELECTRONIC SUMMONS ISSUED as to National Institutes of Health. (pc) (Entered: 03/08/2018)
2018-03-086ELECTRONIC SUMMONS ISSUED as to Health Resources & Services Administration. (pc) (Entered: 03/08/2018)
2018-04-117CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from Stephen Cha-Kim dated 4/11/2018. Document filed by Health Resources & Services Administration, National Institutes of Health.(Cha-Kim, Stephen) (Entered: 04/11/2018)
2018-04-128AFFIDAVIT OF SERVICE of Summons and Complaint,. National Institutes of Health served on 3/19/2018, answer due 4/9/2018. Service was accepted by Hao Jun Li. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 04/12/2018)
2018-04-129AFFIDAVIT OF SERVICE of Summons and Complaint,. Health Resources & Services Administration served on 3/19/2018, answer due 4/9/2018. Service was accepted by Hao Jun Li. Document filed by Informed Consent Action Network. (Siri, Aaron) (Entered: 04/12/2018)
2018-04-1210ORDER granting 7 Letter Motion for Extension of Time to Answer. The requested extension is granted. SO ORDERED.(Health Resources & Services Administration answer due 5/2/2018; National Institutes of Health answer due 5/2/2018.) (Signed by Judge Paul A. Crotty on 4/12/2018) (anc) (Entered: 04/12/2018)
2018-05-0211ANSWER to Complaint. Document filed by Health Resources & Services Administration, National Institutes of Health.(Cha-Kim, Stephen) (Entered: 05/02/2018)
2018-05-1712ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/12/2018 at 02:45 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 5/17/2018) (dgo) (Entered: 05/17/2018)
2018-06-0413STIPULATION : IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel: 1. That after conducting a reasonable search of the files most likely to contain responsive records, neither the NIH nor HRSA were able to identify any records reflecting recommendations by the Task Force on Safer Childhood Vaccines to the Secretary of the Department of Health & Human Services pursuant to 42 U.S.C. § 300aa-27(b)(3) at any time between from January 1, 2009 and April 10, 2018, the date the searches were completed; 2. That the above-captioned action is voluntarily dismissed, with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each side to bear its own costs, attorney fees, and expenses. So Ordered. (Signed by Judge Paul A. Crotty on 6/4/18) (yv) (Entered: 06/04/2018)
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by FOIA Project Staff
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