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Case TitleTOBIAS v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02809
Date Filed2021-10-22
Date Closed2023-03-23
JudgeJudge Timothy J. Kelly
PlaintiffJIMMY TOBIAS
Case DescriptionReporter Jimmy Tobias submitted two FOIA requests to the National Institute of Health. His first FOIA request was for records concerning communications between Anthony Fauci and Kristian Andersen, an associate professor at Scripps Research. The agency acknowledged receipt of the request and located 24 responsive pages. The agency withheld 17 pages entirely under Exemption 6 (invasion of privacy) and redacted portions of the remaining seven pages. Tobias filed an administrative appeal. His second FOIA request was for communications Fauci and Jeremy Farrar, the director of the Wellcome Trust. The agency acknowledged receipt of the request. The agency located 174 responsive pages. The agency withheld 30 pages entirely under Exemption 5 (privileges). The agency redacted portions of the remaining 144 records under Exemption 5, Exemption 6, and Exemption 4 (commercial and confidential). Tobias filed an administrative appeal of the second request. After hearing nothing further from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
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

2021-10-221COMPLAINT against NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8818009) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit Ex 1-5, # 2 Exhibit Ex 6-11, # 3 Civil Cover Sheet, # 4 Summons)(Wayne, Merrick) (Entered: 10/22/2021)
2021-10-222NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 10/22/2021)
2021-10-223NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 10/22/2021)
2021-10-25Case Assigned to Judge Timothy J. Kelly. (adh, ) (Entered: 10/25/2021)
2021-10-254SUMMONS (4) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 10/25/2021)
2021-12-085NOTICE of Appearance by Diana Viggiano Valdivia on behalf of All Defendants (Valdivia, Diana) (Entered: 12/08/2021)
2021-12-086ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Valdivia, Diana) (Entered: 12/08/2021)
2021-12-08MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by January 7, 2022. Signed by Judge Timothy J. Kelly on 12/08/2021. (lctjk2) (Entered: 12/08/2021)
2022-01-077Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 01/07/2022)
2022-01-10MINUTE ORDER: Upon consideration of the parties' 7 Joint Proposed Schedule for Disclosure, it is hereby ORDERED that the parties shall file a joint status report by April 7, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 01/10/2022. (lctjk2) (Entered: 01/10/2022)
2022-04-058NOTICE of Appearance by Joshua Loevy on behalf of JIMMY TOBIAS (Loevy, Joshua) (Entered: 04/05/2022)
2022-04-079Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 04/07/2022)
2022-04-08MINUTE ORDER: Upon consideration of the parties' 9 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by June 6, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 04/08/2022. (lctjk2) (Entered: 04/08/2022)
2022-06-0610Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 06/06/2022)
2022-06-08MINUTE ORDER: Upon consideration of the parties' 10 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by July 7, 2022, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 06/08/2022. (lctjk2) (Entered: 06/08/2022)
2022-07-0711Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Valdivia, Diana) (Entered: 07/07/2022)
2022-07-08MINUTE ORDER: Upon consideration of the parties' 11 joint status report, it is hereby ORDERED that the following schedule shall govern summary judgment briefing in this case: Defendants shall file their motion for summary judgment by September 13, 2022; Plaintiff shall file his combined response and cross-motion for summary judgment by October 6, 2022; Defendants shall file their combined reply and cross-response by November 7, 2022; and Plaintiff shall file his cross-reply by December 7, 2022. The parties shall comply with all applicable Local Rules, including Local Civil Rule 7(h), in submitting their filings. Signed by Judge Timothy J. Kelly on 07/08/2022. (lctjk2) (Entered: 07/08/2022)
2022-09-0912Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Valdivia, Diana) (Entered: 09/09/2022)
2022-09-12MINUTE ORDER granting Defendants' 12 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' 12 Unopposed Motion is GRANTED. It is further ORDERED that the summary judgment schedule the Court previously set, see Minute Order of July 8, 2022, is modified as follows: Defendants shall file their motion for summary judgment by October 13, 2022; Plaintiff shall file his combined response and cross-motion for summary judgment by November 7, 2022; Defendants shall file their combined reply and cross-response by December 7, 2022; and Plaintiff shall file his cross-reply by January 6, 2023. Signed by Judge Timothy J. Kelly on 09/12/2022. (lctjk2) (Entered: 09/12/2022)
2022-10-1213NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 10/12/2022)
2022-10-1214Unopposed MOTION for Extension of Time to by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 10/12/2022)
2022-10-13MINUTE ORDER granting Defendants' 14 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' 14 Unopposed Motion is GRANTED. It is further ORDERED that the summary judgment schedule the Court previously modified, see Minute Order of September 12, 2022, is modified anew as follows: Defendants shall file their motion for summary judgment by November 14, 2022; Plaintiff shall file his combined response and cross-motion for summary judgment by December 9, 2022; Defendants shall file their combined reply and cross-response by January 8, 2023; and Plaintiff shall file his cross-reply by February 7, 2023. Signed by Judge Timothy J. Kelly on 10/13/2022. (lctjk2) (Entered: 10/13/2022)
2022-11-1415Unopposed MOTION for Extension of Time to File by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 11/14/2022)
2022-11-14MINUTE ORDER granting Defendants' 15 Unopposed Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants' 15 Unopposed Motion is GRANTED. VACATED PURSUANT TO ORDER FILED 11/23/2022..... It is further ORDERED that the summary judgment schedule the Court previously modified, see Minute Order of Oct. 13, 2022, is modified anew as follows: Defendants shall file their motion for summary judgment by November 21, 2022; Plaintiff shall file his combined response and cross-motion for summary judgment by December 16, 2022; Defendants shall file their combined reply and cross-response by January 16, 2023; and Plaintiff shall file his cross-reply by February 14, 2023. The Court will not grant another extension absent extraordinary circumstances. Signed by Judge Timothy J. Kelly on 11/14/2022. (lctjk2) Modified to vacate briefing schedule on 11/28/2022 (zkh). (Entered: 11/14/2022)
2022-11-2116Consent MOTION to Vacate Briefing Schedule by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Hammond, Derek) (Entered: 11/21/2022)
2022-11-23MINUTE ORDER granting Defendants' 16 Consent Motion To Vacate Briefing Schedule. It is hereby ORDERED that Defendants' 16 Consent Motion is GRANTED. It is further ORDERED that the summary judgment briefing schedule set by Minute Order of November 14, 2022, is VACATED. It is further ORDERED that the parties shall file a joint status report by December 5, 2022. Signed by Judge Timothy J. Kelly on 11/23/2022. (lctjk2) (Entered: 11/23/2022)
2022-12-0517NOTICE OF SUBSTITUTION OF COUNSEL by Stephen DeGenaro on behalf of All Defendants Substituting for attorney Derek S. Hammond (DeGenaro, Stephen) (Entered: 12/05/2022)
2022-12-0518Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 12/05/2022)
2022-12-06MINUTE ORDER: Upon consideration of the parties' 18 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by January 18, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 12/6/2022. (lctjk2) (Entered: 12/06/2022)
2023-01-1819Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 01/18/2023)
2023-01-19MINUTE ORDER: Upon consideration of the parties' 19 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by March 3, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 1/19/2023. (lctjk2) (Entered: 01/19/2023)
2023-03-0320Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 03/03/2023)
2023-03-06MINUTE ORDER: Upon consideration of the parties' 20 joint status report, it is hereby ORDERED that the parties shall file a further joint status report by April 3, 2023, including, if necessary, a proposed briefing schedule. Signed by Judge Timothy J. Kelly on 3/6/2023. (lctjk2) (Entered: 03/06/2023)
2023-03-2321STIPULATION of Dismissal by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 03/23/2023)
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