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Case TitleInformed Consent Action Network v. Centers for Disease Control and Prevention
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv06177
Date Filed2020-08-06
Date Closed2022-06-14
JudgeJudge John G. Koeltl
PlaintiffInformed Consent Action Network
Case DescriptionThe Informed Consent Action Network submitted four FOIA requests to the Centers for Disease Control for records concerning emails received by Nancy Messonnier, Robert Redfield, Frank DiStafano, or Anne Schuchat between November 2019 and the present containing any mention of coronavirus. The agency told ICAN that its requests were too broad to search. ICAN filed an administrative appeal but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCenters for Disease Control and Prevention
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [11]
Opinion/Order [15]
Opinion/Order [20]
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-08-061COMPLAINT against Centers for Disease Control and Prevention. (Filing Fee $ 400.00, Receipt Number ANYSDC-21035321)Document filed by Informed Consent Action Network. (Attachments: # 1 Exhibit Exhibits A-D).(Siri, Aaron) (Entered: 08/06/2020)
2020-08-062CIVIL COVER SHEET filed..(Siri, Aaron) (Entered: 08/06/2020)
2020-08-063REQUEST FOR ISSUANCE OF SUMMONS as to Centers for Disease Control and Prevention, re: 1 Complaint. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 08/06/2020)
2020-08-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(dnh) (Entered: 08/07/2020)
2020-08-07Magistrate Judge Robert W. Lehrburger 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (dnh) (Entered: 08/07/2020)
2020-08-07Case Designated ECF. (dnh) (Entered: 08/07/2020)
2020-08-074ELECTRONIC SUMMONS ISSUED as to Centers for Disease Control and Prevention..(dnh) (Entered: 08/07/2020)
2020-10-05Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 11/17/2020 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) (Entered: 10/05/2020)
2020-10-055AFFIDAVIT OF SERVICE of Summons and Complaint. Centers for Disease Control and Prevention served on 8/17/2020, answer due 9/8/2020. Service was made by Mail. Document filed by Informed Consent Action Network..(Siri, Aaron) (Entered: 10/05/2020)
2020-10-056NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 10/05/2020)
2020-10-087NOTICE OF APPEARANCE by Elizabeth Ann Brehm on behalf of Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 10/08/2020)
2020-10-208AFFIDAVIT OF SERVICE of Summons and Complaint. Centers for Disease Control and Prevention served on 10/2/2020, answer due 10/23/2020. Service was made by Mail. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 10/20/2020)
2020-10-239ANSWER to 1 Complaint. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 10/23/2020)
2020-11-1310LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 11/13/2020. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 11/13/2020)
2020-11-1311ORDER granting 10 Letter Motion to Adjourn Conference. APPLICATION GRANTED SO ORDERED. (Signed by Judge John G. Koeltl on 11/13/2020) (jca) (Entered: 11/13/2020)
2020-12-1412JOINT LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Elizabeth Brehm, Esq. dated December 14, 2020. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 12/14/2020)
2020-12-1513ORDER granting 12 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 12/15/2020) (rro) (Entered: 12/15/2020)
2021-01-1314LETTER MOTION for Extension of Time to File Joint Status Report addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 1/13/2021. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 01/13/2021)
2021-01-1415ORDER granting 14 Letter Motion for Extension of Time to File. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 1/14/2021) (nb) Modified on 2/4/2021 (nb). (Entered: 01/15/2021)
2021-01-2816STATUS REPORT. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 01/28/2021)
2021-01-2917MEMO ENDORSEMENT on re: 16 Status Report filed by Centers for Disease Control and Prevention. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 1/29/2021) (ks) (Entered: 01/29/2021)
2021-02-0418PROPOSED STIPULATION AND ORDER. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 02/04/2021)
2021-02-0519STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION BY DEFENDANT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendant as follows: 1. For purposes of this action, the FOIA Requests are hereby modified to request that Defendant search for and produce documents responsive to the FOIA Requests and which contain either of the terms "vaccin!" or "immuniz!" (the "Amended FOIA Requests"). Defendant has represented to Plaintiff that the total volume of e-mail messages that are responsive to the Amended FOIA Requests, exclusive of any attachments to those messages, is 3,377 pages. As further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 2/5/2021) (ks) (Entered: 02/05/2021)
2022-01-2120ORDER: The parties should provide the Court with a status update by February 4, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 1/21/2022) (ks) (Entered: 01/21/2022)
2022-02-0321LETTER MOTION for Extension of Time to File Joint Status Report addressed to Judge John G. Koeltl from AUSA Tomoko Onozawa dated 2/3/2022. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 02/03/2022)
2022-02-0422ORDER granting 21 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 2/4/2022) (ks) (Entered: 02/04/2022)
2022-02-1123STATUS REPORT. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 02/11/2022)
2022-02-1424MEMO ENDORSEMENT on re: 23 Status Report filed by Centers for Disease Control and Prevention. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 2/13/2022) (ks) (Entered: 02/14/2022)
2022-03-1125STATUS REPORT. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 03/11/2022)
2022-03-1426MEMO ENDORSEMENT on re: 25 Status Report filed by Centers for Disease Control and Prevention ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 3/14/2022) (ks) (Entered: 03/14/2022)
2022-03-3127STATUS REPORT. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 03/31/2022)
2022-04-0128MEMO ENDORSEMENT on re: 27 Status Report filed by Informed Consent Action Network. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 4/1/2022) (ate) (Entered: 04/01/2022)
2022-05-0229STATUS REPORT. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 05/02/2022)
2022-05-0330MEMO ENDORSEMENT on re: 29 Status Report filed by Centers for Disease Control and Prevention ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 5/3/2022) (ks) (Entered: 05/03/2022)
2022-06-0231STATUS REPORT. Document filed by Centers for Disease Control and Prevention..(Onozawa, Tomoko) (Entered: 06/02/2022)
2022-06-1432PROPOSED STIPULATION AND ORDER. Document filed by Informed Consent Action Network..(Brehm, Elizabeth) (Entered: 06/14/2022)
2022-06-1433RULE 41 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel: 1. 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; and 2. This stipulation may be signed in counterparts, and that electronic (PDF) signatures may be deemed originals for all purposes. SO ORDERED. (Signed by Judge John G. Koeltl on 6/14/2022) (ks) (Entered: 06/14/2022)
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