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Case TitleCENTER FOR FOOD SAFETY v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01188
Date Filed2021-04-30
Date Closed2023-02-17
JudgeJudge Trevor N. McFadden
PlaintiffCENTER FOR FOOD SAFETY
Case DescriptionThe Center for Food Safety submitted a FOIA request to the National Institute of Health for records concerning the approval of applications for contracts or grants to fund gain-of-function studies related to potential pandemic pathogens. The agency acknowledged receipt of the request and asked CFS to clarify the request. CFS clarified the request but after hearing nothing further from the agency, CFS filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantNATIONAL INSTITUTES OF HEALTH
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-301COMPLAINT against NATIONAL INSTITUTES OF HEALTH ( Filing fee $ 402 receipt number ADCDC-8415348) filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Kimbrell, George) (Entered: 04/30/2021)
2021-04-302LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR FOOD SAFETY (Kimbrell, George) (Entered: 04/30/2021)
2021-04-303MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Victoria Yundt, Filing fee $ 100, receipt number ADCDC-8415450. Fee Status: Fee Paid. by CENTER FOR FOOD SAFETY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kimbrell, George) (Entered: 04/30/2021)
2021-05-04NOTICE OF ERROR re 1 Complaint; emailed to gkimbrell@centerforfoodsafety.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 05/04/2021)
2021-05-044ERRATA Regarding Complaint Signature by CENTER FOR FOOD SAFETY re 1 Complaint, filed by CENTER FOR FOOD SAFETY. (Attachments: # 1 Exhibit)(Kimbrell, George) (Entered: 05/04/2021)
2021-05-05Case Assigned to Judge Trevor N. McFadden. (zsb) (Entered: 05/05/2021)
2021-05-055SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/05/2021)
2021-05-056STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 5/5/2021. (lctnm3) (Entered: 05/05/2021)
2021-05-05MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Victoria Yundt is hereby admitted to appear pro hac vice in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Trevor N. McFadden on 5/5/2021. (lctnm3) (Entered: 05/05/2021)
2021-05-057NOTICE of Appearance by Victoria Yundt on behalf of CENTER FOR FOOD SAFETY (Yundt, Victoria) (Entered: 05/05/2021)
2021-06-218RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/26/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 6/25/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/10/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 6/21/2021 (Attachments: # 1 Exhibit of Receipts Verifying Service)(Kimbrell, George) (Entered: 06/21/2021)
2021-06-259NOTICE of Appearance by Paul Cirino on behalf of NATIONAL INSTITUTES OF HEALTH (Cirino, Paul) (Entered: 06/25/2021)
2021-06-2510ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH.(Cirino, Paul) (Entered: 06/25/2021)
2021-06-25MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceedings in this matter. The report should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before July 19, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/25/2021. (lctnm3) (Entered: 06/25/2021)
2021-06-25Set/Reset Deadlines: Joint Status Report due by 7/19/2021. (hmc) (Entered: 06/25/2021)
2021-07-1411NOTICE OF WITHDRAWAL OF APPEARANCE as to CENTER FOR FOOD SAFETY. Attorney Victoria Yundt terminated. (Yundt, Victoria) (Entered: 07/14/2021)
2021-07-1512NOTICE of Appearance by Jennifer L. Loda on behalf of CENTER FOR FOOD SAFETY (Loda, Jennifer) (Entered: 07/15/2021)
2021-07-1913Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Cirino, Paul) (Entered: 07/19/2021)
2021-07-19MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before September 17, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/19/2021. (lctnm3) (Entered: 07/19/2021)
2021-07-21Set/Reset Deadlines: Joint Status Report due by 9/17/2021. (hmc) (Entered: 07/21/2021)
2021-09-1714Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Cirino, Paul) (Entered: 09/17/2021)
2021-09-17MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall submit another Joint Status Report on or before November 16, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/17/2021. (lctnm3) (Entered: 09/17/2021)
2021-09-17Set/Reset Deadlines: Joint Status Report due by 11/16/2021. (hmc) (Entered: 09/17/2021)
2021-11-1615Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Cirino, Paul) (Entered: 11/16/2021)
2021-11-16MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties file another Joint Status Report on or before January 17, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2021. (lctnm3) (Entered: 11/16/2021)
2021-11-18Set/Reset Deadlines: Joint Status Report due by 1/17/2022. (hmc) (Entered: 11/18/2021)
2022-01-1416Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Cirino, Paul) (Entered: 01/14/2022)
2022-01-14MINUTE ORDER. Upon consideration of the Parties' 16 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report proposing further proceedings as appropriate on or before March 3, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 1/14/2022. (lctnm3) (Entered: 01/14/2022)
2022-01-18Set/Reset Deadlines: Joint Status Report due by 3/3/2022. (hmc) (Entered: 01/18/2022)
2022-03-0317Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Cirino, Paul) (Entered: 03/03/2022)
2022-03-03MINUTE ORDER. Upon consideration of the Parties' 17 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before April 18, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/3/2022. (lctnm3) (Entered: 03/03/2022)
2022-03-04Set/Reset Deadlines: Joint Status Report due by 4/18/2022. (hmc) (Entered: 03/04/2022)
2022-04-1818Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Cirino, Paul) (Entered: 04/18/2022)
2022-04-18MINUTE ORDER. Upon consideration of the Parties' 18 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before June 27, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/18/2022. (lctnm3) (Entered: 04/18/2022)
2022-04-19Set/Reset Deadlines: Joint Status Report due by 6/27/2022. (hmc) (Entered: 04/19/2022)
2022-06-2719Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Loda, Jennifer) (Entered: 06/27/2022)
2022-06-28MINUTE ORDER. Upon consideration of the Parties' 19 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before August 26, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/28/2022. (lctnm3) (Entered: 06/28/2022)
2022-06-28Set/Reset Deadlines: Joint Status Report due by 8/26/2022. (hmc) (Entered: 06/28/2022)
2022-08-1620NOTICE OF SUBSTITUTION OF COUNSEL by Sian Jones on behalf of All Defendants Substituting for attorney Paul Cirino (Jones, Sian) (Entered: 08/16/2022)
2022-08-2621Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Jones, Sian) (Entered: 08/26/2022)
2022-08-26MINUTE ORDER. Upon consideration of the Parties' 21 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before October 25, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 8/26/2022. (lctnm3) (Entered: 08/26/2022)
2022-08-26Set/Reset Deadlines: Joint Status Report due by 10/25/2022. (hmc) (Entered: 08/26/2022)
2022-10-2522Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Jones, Sian) (Entered: 10/25/2022)
2022-10-25MINUTE ORDER. Upon consideration of the Parties' 22 Joint Status Report, it is hereby ORDERED that the Parties file another Joint Status Report on or before December 22, 2022. If the parties resolve the case before that time they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/25/2022. (lctnm3) (Entered: 10/25/2022)
2022-10-26Set/Reset Deadlines: Joint Status Report due by 12/22/2022. (hmc) (Entered: 10/26/2022)
2022-12-2023Joint STATUS REPORT by CENTER FOR FOOD SAFETY. (Loda, Jennifer) (Entered: 12/20/2022)
2022-12-20MINUTE ORDER: Upon consideration of the 23 Joint Status Report, the Court ORDERS the parties to file another Joint Status Report on or before February 20, 2023 informing the Court about the status of the case. If the parties resolve the issue of fees and costs before that time, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/20/2022. (lctnm3) (Entered: 12/20/2022)
2022-12-20Set/Reset Deadlines: Joint Status Report due by 2/20/2023. (hmc) (Entered: 12/20/2022)
2023-02-1724STIPULATION of Dismissal by NATIONAL INSTITUTES OF HEALTH. (Jones, Sian) (Entered: 02/17/2023)
2023-02-17MINUTE ORDER: Upon consideration of the 24 Stipulation of Dismissal, this case is hereby dismissed with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/17/2023. (lctmn3) (Entered: 02/17/2023)
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