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Case TitleKnowledge Ecology International v. National Institutes of Health
DistrictDistrict of Maryland
CityGreenbelt
Case Number8:2020cv02825
Date Filed2020-09-29
Date ClosedOpen
JudgeJudge Peter J. Messitte
PlaintiffKnowledge Ecology International
Case DescriptionKnowledge Ecology International submitted FOIA requests to the National Institute of Health for records. One concerned correspondence between NIH Director Francis Collins and pharmaceutical industry representatives. KEI also requested a fee waiver. Other requests asked for records concerning budgets for clinical trials. The agency acknowledged receipt of the requests but after the agency failed to respond substantively, KEI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNational Institutes of Health
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-291COMPLAINT against National Institutes of Health ( Filing fee $ 400 receipt number 0416-8886174.), filed by Knowledge Ecology International. (Attachments: # 1 Civil Cover Sheet, # 2 Corporate Interest Disclosure, # 3 Summons, # 4 Summons, # 5 Summons)(ARDIZZONE, KATHRYN) (Entered: 09/29/2020)
2020-09-292Local Rule 103.3 Disclosure Statement by Knowledge Ecology International (ARDIZZONE, KATHRYN) (Entered: 09/29/2020)
2020-09-303Summons Issued 60 days as to National Institutes of Health, U.S. Attorney and U.S. Attorney General(heps, Deputy Clerk) (Entered: 09/30/2020)
2020-11-224Consent MOTION for Extension of Time to Respond to Complaint by National Institutes of Health(Lazerow, Alan) (Entered: 11/22/2020)
2020-11-245PAPERLESS ORDER GRANTING 4 Consent Motion to Extend Time to Respond to Complaint (until 12/23/2020). Signed by Judge Peter J. Messitte on 11/24/2020. (jmhs, Chambers) (Entered: 11/24/2020)
2020-12-286Consent MOTION to Consolidate Cases by National Institutes of Health(Lazerow, Alan) (Entered: 12/28/2020)
2021-01-137PAPERLESS ORDER GRANTING 6 Consent Motion to Consolidate Cases. Signed by Judge Peter J. Messitte on 1/13/2021. (jmhs, Chambers) (Entered: 01/13/2021)
2021-03-028MOTION to Expedite Release of Records and for a Scheduling Order by Knowledge Ecology International (Attachments: # 1 Memorandum in Support of Motion to Expedite Release of Records for a Scheduling Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(ARDIZZONE, KATHRYN) (Entered: 03/02/2021)
2021-03-169Consent MOTION for Extension of Time to Respond to Motion to Expedite Release of Records and for a Scheduling Order by National Institutes of Health(Lazerow, Alan) (Entered: 03/16/2021)
2021-03-1710PAPERLESS ORDER GRANTING 9 Consent Motion to Extend Time to Respond to Motion to Expedite Release of Records and for Scheduling Order (through March 23, 2021) Signed by Judge Peter J. Messitte on 3/17/2021. (jmhs, Chambers) (Entered: 03/17/2021)
2021-03-2311RESPONSE in Opposition re 8 MOTION to Expedite Release of Records and for a Scheduling Order filed by National Institutes of Health. (Attachments: # 1 Exhibit A - Declaration, # 2 Text of Proposed Order)(Lazerow, Alan) (Entered: 03/23/2021)
2021-04-0512Consent MOTION for Extension of Time to File Response/Reply as to 11 Response in Opposition to Motion to Expedite Release of Records and for a Scheduling Order by Knowledge Ecology International(ARDIZZONE, KATHRYN) (Entered: 04/05/2021)
2021-04-0613PAPERLESS ORDER GRANTING 12 Consent Motion to Extend Time to File Reply to Defendant's Opposition to Motion to Expedite Release of Records and for a Scheduling Order, and Defendant's Counter-Proposal (until April 13, 2021). Signed by Judge Peter J. Messitte on 4/6/2021. (jmhs, Chambers) (Entered: 04/06/2021)
2021-04-1314REPLY to Response to Motion re 8 MOTION to Expedite Release of Records and for a Scheduling Order filed by Knowledge Ecology International.(ARDIZZONE, KATHRYN) (Entered: 04/13/2021)
2021-04-1415ORDER REFERRING CASE to Magistrate Judge Charles B. Day for Resolution of ECF 8, Motion to Expedite Release of Records. Signed by Judge Peter J. Messitte on 4/14/2021. (cags, Deputy Clerk) (Entered: 04/14/2021)
2021-12-2216PAPERLESS ORDER granting in part and denying in part 8 Motion to Expedite for the reasons set forth on the record during today's hearing. Defendant is required to process Plaintiff's global FOIA requests at the rate of 2000 pages per month. Defendant is not required to produce said materials in a searchable OCR format. Plaintiff will indicate the priority of the desired production and to the extent said indication can be reasonably addressed, it shall be required. The parties will confer and submit a proposed order reflecting the issues of production to be provided on a quarterly basis. Where practicable, the Court may adjust the rate and/or terms of production. Signed by Magistrate Judge Charles B. Day on 12/22/2021. (Day, Charles) (Entered: 12/22/2021)
2021-12-22Motion Hearing held on 12/22/2021 re 8 MOTION to Expedite Release of Records and for a Scheduling Order filed by Knowledge Ecology International before Magistrate Judge Charles B. Day. (babs, Chambers) (Entered: 12/22/2021)
2022-01-0717STATUS REPORT (Joint Proposal Regarding Quarterly Status Reports) by National Institutes of Health (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order, # 2 Text of Proposed Order Defendant's Proposed Order)(Lazerow, Alan) (Entered: 01/07/2022)
2022-01-0718PAPERLESSORDER ADOPTING the agreed upon portions of the procedure set forth in 17 Status Report, filed by National Institutes of Health. As to the disputed portion, the Court adopts the approach offered by Plaintiff, but modifies said approach to allow further argument as to whether the production rate should be increased or decreased based upon a significant change of conditions. Signed by Magistrate Judge Charles B. Day on 1/7/2022. (Day, Charles) (Entered: 01/07/2022)
2022-03-2819NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/22/2021, before Judge Magistrate Judge Charles B. Day. Court Reporter/Transcriber CompuScribe. Total number of pages filed: 40. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained from the Court Reporter or through PACER. Redaction Request due 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/27/2022.(jj2s, Deputy Clerk) (Entered: 03/28/2022)
2022-04-0120Status Report Submitted (Joint Status Report Regarding January, February, and March 2022 Productions) by National Institutes of Health (Lazerow, Alan) (Entered: 04/01/2022)
2022-04-29Case Reassigned to Magistrate Judge Ajmel Ahsen Quereshi for Discovery. Magistrate Judge Charles B. Day no longer assigned to the case. (kns, Deputy Clerk) (Entered: 05/03/2022)
2022-06-1321NOTICE to Substitute Attorney (Shea, Matthew) (Entered: 06/13/2022)
2022-06-1522Consent MOTION for Extension of Time to File Status Reports by Knowledge Ecology International (Attachments: # 1 Text of Proposed Order)(ARDIZZONE, KATHRYN) (Entered: 06/15/2022)
2022-06-1523Paperless ORDER granting 22 Consent Motion for Extension of Time to File Status Reports. Signed by Magistrate Judge Ajmel Ahsen Quereshi on 6/15/2022. (Quereshi, Ajmel) (Entered: 06/15/2022)
2022-06-1724Consent MOTION to Withdraw as Attorney by Knowledge Ecology International (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw)(ARDIZZONE, KATHRYN) (Entered: 06/17/2022)
2022-06-2125ORDER granting 24 Motion to Withdraw as Attorney. Attorney KATHRYN R ARDIZZONE terminated. Signed by Judge Peter J. Messitte on 6/21/2022. (heps, Deputy Clerk) (Entered: 06/21/2022)
2022-08-0826NOTICE of Appearance by David W Brown on behalf of All Plaintiffs (Brown, David) (Entered: 08/08/2022)
2022-08-0827MOTION to Appear Pro Hac Vice for Charles Peter Sorenson (Filing fee $100, receipt number AMDDC-10090879.) by Knowledge Ecology International(Brown, David) (Entered: 08/08/2022)
2022-08-1028QC NOTICE: 27 Motion to Appear Pro Hac Vice filed by Knowledge Ecology International needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 08/10/2022)
2022-08-1529STATUS REPORT (Joint Status Report Regarding April, May, June, and July 2022 Productions) by National Institutes of Health(Shea, Matthew) (Entered: 08/15/2022)
2022-08-2330Corrected MOTION to Appear Pro Hac Vice for Charles Peter Sorenson (Filing fee $100, receipt number BMDDC-10116483.) by Knowledge Ecology International(Brown, David) (Entered: 08/23/2022)
2022-08-2431PAPERLESS ORDER granting 30 Motion to Appear Pro Hac Vice on behalf of Charles Peter Sorenson. Directing attorney Charles Peter Sorenson to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 8/24/2022. (mh4s, Deputy Clerk) (Entered: 08/24/2022)
2022-11-1532STATUS REPORT (Joint Status Report Regarding August, September, and October 2022 Productions) by National Institutes of Health(Shea, Matthew) (Entered: 11/15/2022)
2023-02-1533STATUS REPORT (Joint Status Report Regarding November and December 2022 and January 2023 Productions) by National Institutes of Health(Shea, Matthew) (Entered: 02/15/2023)
2023-05-1634STATUS REPORT (Joint Status Report Regarding February, March, and April 2023 Productions) by National Institutes of Health(Shea, Matthew) (Entered: 05/16/2023)
2023-08-1135STATUS REPORT (Joint Status Report Regarding May, June, and July 2023 Productions) by National Institutes of Health(Shea, Matthew) (Entered: 08/11/2023)
2023-11-1336STATUS REPORT by National Institutes of Health(Koch, Rebecca) (Entered: 11/13/2023)
2024-02-1337STATUS REPORT by National Institutes of Health(Koch, Rebecca) (Entered: 02/13/2024)
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