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Case TitlePEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv01241
Date Filed2021-05-06
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffPEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.
Case DescriptionPeople for the Ethical Treatment of Animals submitted FOIA requests to the Department of Health and Human Services, the National Institute of Health, and the National Institute of Mental Health for records concerning the use of animals in research experiments funded by grants from the NIMH. The agencies acknowledged receipt of the requests but after hearing nothing further from the agency, PETA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantNATIONAL INSTITUTES OF HEALTH
DefendantNATIONAL INSTITUTE OF MENTAL HEALTH
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-061COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8429526) filed by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Lawton, William) (Entered: 05/06/2021)
2021-05-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Lawton, William) (Entered: 05/06/2021)
2021-05-063MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Frazier, Filing fee $ 100, receipt number ADCDC-8429888. Fee Status: Fee Paid. by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: # 1 Affidavit Declaration of Aaron Frazier)(Lawton, William) (Entered: 05/06/2021)
2021-05-06Case Assigned to Judge Rudolph Contreras. (adh, ) (Entered: 05/06/2021)
2021-05-064SUMMONS (5) Issued Electronically as to NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 05/06/2021)
2021-05-10MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Aaron Frazier is admitted to represent Plaintiff pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civil Rule 83.6(a). Click for instructions . SO ORDERED.Signed by Judge Rudolph Contreras on 5/10/20 21. (lcrc1) (Entered: 05/10/2021)
2021-05-215NOTICE of Appearance by Aaron Thomas Frazier on behalf of PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. (Frazier, Aaron) (Entered: 05/21/2021)
2021-06-256NOTICE of Appearance by Christopher Charles Hair on behalf of All Defendants (Hair, Christopher) (Entered: 06/25/2021)
2021-06-257ANSWER to Complaint by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Hair, Christopher) (Entered: 06/25/2021)
2021-06-25MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed briefing schedule on or before July 9, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 6/25/2021. (lcrc1) (Entered: 06/25/2021)
2021-07-098Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 07/09/2021)
2021-07-12MINUTE ORDER: Upon consideration of 8 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 14, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 7/12/2021. (lcrc1) (Entered: 07/12/2021)
2021-09-149Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 09/14/2021)
2021-09-14MINUTE ORDER: Upon consideration of 9 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before November 12, 2021. SO ORDERED. Signed by Judge Rudolph Contreras on 09/14/2021. (lcrc2) (Entered: 09/14/2021)
2021-11-1210Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Hair, Christopher) (Entered: 11/12/2021)
2021-11-12MINUTE ORDER: Upon consideration of 10 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before January 14, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 11/12/2021. (lcrc1) (Entered: 11/12/2021)
2021-11-12Set/Reset Deadline: The parties shall submit another Joint Status Report by 1/14/2022. (jth) (Entered: 11/14/2021)
2022-01-1411Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lawton, William) (Entered: 01/14/2022)
2022-01-16MINUTE ORDER: Upon consideration of 11 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before March 11, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 01/16/2022. (lcrc1) (Entered: 01/16/2022)
2022-03-1112Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Lawton, William) (Entered: 03/11/2022)
2022-03-11MINUTE ORDER: Upon consideration of 12 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before May 13, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 03/11/2022. (lcrc1) (Entered: 03/11/2022)
2022-04-1213NOTICE OF SUBSTITUTION OF COUNSEL by Benton Gregory Peterson on behalf of NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Substituting for attorney Christopher Hair (Peterson, Benton) (Entered: 04/12/2022)
2022-05-1314Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 05/13/2022)
2022-05-13MINUTE ORDER: Upon consideration of 14 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before July 15, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 05/13/2022. (lcrc1) (Entered: 05/13/2022)
2022-07-1515Joint STATUS REPORT July 15, 2022 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 07/15/2022)
2022-07-15MINUTE ORDER: Upon consideration of 15 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before August 19, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 07/15/2022. (lcrc1) (Entered: 07/15/2022)
2022-08-1916Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 08/19/2022)
2022-08-19MINUTE ORDER: Upon consideration of 16 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before September 30, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 08/19/2022. (lcrc1) (Entered: 08/19/2022)
2022-09-2817Joint STATUS REPORT September 28, 2022 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 09/28/2022)
2022-09-29MINUTE ORDER: Upon consideration of 17 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before October 28, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 09/29/2022. (lcrc1) (Entered: 09/29/2022)
2022-10-2818Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 10/28/2022)
2022-10-31MINUTE ORDER: Upon consideration of 18 the parties' joint status report, it is hereby ORDERED that the parties shall file another joint status report on or before November 18, 2022. SO ORDERED. Signed by Judge Rudolph Contreras on 10/31/2022. (lcrc1) (Entered: 10/31/2022)
2022-11-1719Joint STATUS REPORT by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 11/17/2022)
2022-11-18MINUTE ORDER: Upon consideration of 19 the parties' joint status report, it is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment on or before December 22, 2022; Plaintiff shall file its opposition and cross-motion for summary judgment by January 23, 2023; Defendants shall file their reply and opposition to Plaintiff's cross-motion by February 13, 2023; and Plaintiff shall file its reply in support of its cross-motion by March 6, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 11/18/2022. (lcrc1) (Entered: 11/18/2022)
2022-11-18Set/Reset Deadlines: Summary Judgment motions due by 12/22/2022. Response to Motion for Summary Judgment and Cross Motions due by 1/23/2023. Reply to Motion for Summary Judgment and Response to Cross Motions due by 2/13/2023. Reply to Cross Motions due by 3/6/2023. (zgf) (Entered: 11/18/2022)
2022-12-1820Unopposed MOTION to Modify by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 12/18/2022)
2022-12-19MINUTE ORDER granting 20 Unopposed Motion to Modify Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment on or before January 5, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before February 6, 2023; Defendants shall file their reply and opposition to Plaintiff's cross-motion by February 28, 2023; and Plaintiff shall file its reply in support of its cross-motion by March 17, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 12/19/2022. (lcrc1) (Entered: 12/19/2022)
2023-01-0421Unopposed MOTION to Modify Briefing Schedule by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 01/04/2023)
2023-01-04MINUTE ORDER granting 21 Unopposed Motion to Modify Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment on or before February 2, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before March 6, 2023; Defendants shall file their reply and opposition to Plaintiff's cross-motion by March 28, 2023; and Plaintiff shall file its reply in support of its cross-motion by April 14, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 1/4/2023. (lcrc1) (Entered: 01/04/2023)
2023-02-0122Unopposed MOTION for Extension of Time to File by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 02/01/2023)
2023-02-02MINUTE ORDER granting 22 Defendants' Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendants' motion for summary judgment is due on or before March 2, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/2/2023. (lcrc1) (Entered: 02/02/2023)
2023-02-1423Unopposed MOTION for Briefing Schedule Amendment by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Attachments: # 1 Text of Proposed Order)(Frazier, Aaron) (Entered: 02/14/2023)
2023-02-14MINUTE ORDER granting 23 Plaintiff's Unopposed Motion to Amend Briefing Schedule: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment on or before March 2, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before April 3, 2023; Defendants shall file their reply and opposition to Plaintiff's cross-motion for summary judgment on or before April 25, 2023; and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before May 12, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 2/14/2023. (lcrc1) (Entered: 02/14/2023)
2023-03-0224MOTION for Extension of Time to by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 03/02/2023)
2023-03-03MINUTE ORDER granting 24 Defendants' Unopposed Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment on or before April 3, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before May 3, 2023; Defendants shall file their reply and opposition to Plaintiff's cross-motion for summary judgment on or before May 25, 2023; and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before June 11, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 3/3/2023. (lcrc1) (Entered: 03/03/2023)
2023-04-0325MOTION for Extension of Time to File by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/03/2023)
2023-04-04MINUTE ORDER granting 25 Defendants' Unopposed Motion for Extension of Time: It is hereby ORDERED that the following schedule shall govern further proceedings: Defendants shall file their motion for summary judgment on or before April 24, 2023; Plaintiff shall file its opposition and cross-motion for summary judgment on or before May 24, 2023; Defendants shall file their reply and opposition to Plaintiff's cross-motion for summary judgment on or before June 14, 2023; and Plaintiff shall file its reply in support of its cross-motion for summary judgment on or before July 5, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/4/2023. (lcrc1) (Entered: 04/04/2023)
2023-04-2126Consent MOTION to Stay by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Peterson, Benton) (Entered: 04/21/2023)
2023-04-21MINUTE ORDER granting 26 Defendants' Consent Motion to Stay Proceedings: It is hereby ORDERED that the current deadlines in this matter are STAYED up to and including June 23, 2023. It is FURTHER ORDERED that the parties shall provide a status report updating the Court on the status of the search and processing of the remaining records on or before June 23, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 4/21/2023. (lcrc1) (Entered: 04/21/2023)
2023-06-2327Joint STATUS REPORT June 23, 2023 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 06/23/2023)
2023-06-23MINUTE ORDER: Upon consideration of 27 the parties' joint status report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including July 27, 2023. It is FURTHER ORDERED that the parties shall provide a joint status report on or before July 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 6/23/2023. (lcrc1) (Entered: 06/23/2023)
2023-06-28Set/Reset Deadlines: Status Report due by 7/27/2023 (tj) (Entered: 06/28/2023)
2023-07-2728Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 07/27/2023)
2023-07-28MINUTE ORDER: Upon consideration of 28 the parties' Joint Status Report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including August 27, 2023. It is FURTHER ORDERED that the parties shall provide a joint status report on or before August 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 7/28/23. (lcrc2) (Entered: 07/28/2023)
2023-08-2529Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 08/25/2023)
2023-08-25MINUTE ORDER: Upon consideration of 29 the parties' joint status report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including September 27, 2023. It is FURTHER ORDERED that the parties shall provide a joint status report on or before September 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 8/25/2023. (lcrc1) (Entered: 08/25/2023)
2023-09-2730Joint STATUS REPORT September 2023 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 09/27/2023)
2023-09-27MINUTE ORDER: Upon consideration of 30 the parties' joint status report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including October 27, 2023. It is FURTHER ORDERED that the parties shall provide a joint status report on or before October 27, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 9/27/2023. (lcrc1) (Entered: 09/27/2023)
2023-10-2731Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 10/27/2023)
2023-10-27MINUTE ORDER: Upon consideration of 31 the parties' joint status report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including November 30, 2023. It is FURTHER ORDERED that the parties shall provide a joint status report on or before November 30, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 10/27/2023. (lcrc1) (Entered: 10/27/2023)
2023-11-3032Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 11/30/2023)
2023-11-30MINUTE ORDER: Upon consideration of 32 the parties' joint status report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including January 18, 2024. It is FURTHER ORDERED that the parties shall provide a joint status report on or before January 18, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 11/30/2023. (lcrc1) (Entered: 11/30/2023)
2024-01-1833Joint STATUS REPORT by NATIONAL INSTITUTE OF MENTAL HEALTH, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Peterson, Benton) (Entered: 01/18/2024)
2024-01-18MINUTE ORDER: Upon consideration of 33 the parties' joint status report, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including February 16, 2024. It is FURTHER ORDERED that the parties shall provide a joint status report on or before February 16, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1/18/2024. (lcrc1) (Entered: 01/18/2024)
2024-02-1634Joint STATUS REPORT February 2024 by PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC.. (Frazier, Aaron) (Entered: 02/16/2024)
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