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Case TitleConnett v. National Institutes of Health
DistrictDistrict of New Hampshire
CityConcord
Case Number1:2022cv00046
Date Filed2022-02-03
Date Closed2022-08-08
JudgeJudge Samantha D. Elliott
PlaintiffMichael Connett
Case DescriptionMichael Connett, an attorney, submitted a FOIA request to the National Institute of Health for records concerning communications to or from Lawrence Taback, Deputy Director of NIH that contain the words fluoride or fluoridation in relation to a revised draft of a National Toxicology Program systematic review. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Connett filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, 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
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-031NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2213162 filed by Michael Connett. (Attachments: # 1 Exhibit A 2/26/21 correspondence, # 2 Exhibit B 7/30/21 correspondence, # 3 Exhibit C 8/11/21 correspondence, # 4 Civil Cover Sheet, # 5 Summons - Waiver)(Murphy, Kenneth) (Additional attachment(s) added on 2/3/2022: # 6 Complaint with Signature Block, # 7 Summons with Proof of Service) (ed). (Entered: 02/03/2022)
2022-02-03Case assigned to District Judge Samantha D. Elliott. The case designation is: 1:22-cv-46-SE. Please show this number with the judge designation on all future pleadings. (ed) (Entered: 02/03/2022)
2022-02-03NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE . (ed) (Entered: 02/03/2022)
2022-02-032Summons issued electronically as to National Institutes of Health. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF) (ed) (Entered: 02/03/2022)
2022-02-033MOTION for Michael Connett, Esquire to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2213245.) filed by Michael Connett.Follow up on Objection on 2/17/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) of Michael Connett, # 2 Proposed Order Proposed Order)(Murphy, Kenneth) (Entered: 02/03/2022)
2022-02-04NOTICE of ECF Filing Error re: 3 MOTION for Michael Connett, Esquire to Appear Pro Hac Vice filed by Michael Connett. Consistent with Supplemental Rules of Electronic Case Filing, affidavits prepared in the context of the litigation shall be filed in electronically converted PDF format and shall contain a /s/ signature for both the signator and the notary/jurat. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-226-7733.(vln) (Entered: 02/04/2022)
2022-02-04ENDORSED ORDER denying 3 Motion for Michael Connettto Appear Pro Hac Vice. Text of Order: Denied. The motion does not comply fully with L.R. 83.2(b)(1). Attorney Murphy may refile the motion with a compliant affidavit. So Ordered by District Judge Samantha D. Elliott.(vln) (Entered: 02/04/2022)
2022-02-074MOTION Amended Motion for Order Authorizing Michael Connett, Esq. to be Admitted Pro Hac Vice filed by Michael Connett.Follow up on Objection on 2/22/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Amended Affidavit, # 2 Proposed Order Proposed Order)(Murphy, Kenneth) (Entered: 02/07/2022)
2022-02-08ENDORSED ORDER denying 4 Motion for Order Authorizing Michael Connett, Esq. to be Admitted Pro Hac Vice. Text of Order: Denied. The motion does not comply fully with L.R. 83.2(b)(1). Attorney Murphy may refile the motion with an affidavit that includes the required information about any previously imposed disciplinary matters and prior felony or misdemeanor criminal convictions. So Ordered by District Judge Samantha D. Elliott.(vln) (Entered: 02/08/2022)
2022-02-105MOTION Amended Motion for Order Authorizing Michael Connett, Esq. to be Admitted Pro Hac Vice filed by Michael Connett.Follow up on Objection on 2/24/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Amended Affidavit, # 2 Proposed Order Proposed Order)(Murphy, Kenneth) (Entered: 02/10/2022)
2022-02-10ENDORSED ORDER granting 5 Motion for Michael Connett, Esq. to be Admitted Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Judge Samantha D. Elliott. The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (vln) (Entered: 02/11/2022)
2022-02-146NOTICE of Attorney Appearance by Michael Connett on behalf of Michael Connett Attorney Michael Connett added to party Michael Connett(pty:pla).(Connett, Michael) (Entered: 02/14/2022)
2022-02-147CERTIFICATE OF SERVICE by Michael Connett re: 1 Complaint - New Case, (Connett, Michael) (Entered: 02/14/2022)
2022-02-14NOTICE of ECF Filing Error re: 7 Certificate of Service filed by Michael Connett. Filer used the wrong event. Filer should have used Service of Process / Return of Service Executed. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-226-7733.(vln) (Entered: 02/14/2022)
2022-03-078Assented to MOTION to Extend Time to Answer to March 21, 2022 filed by National Institutes of Health. Attorney Michael T. McCormack added to party National Institutes of Health(pty:dft).(McCormack, Michael) (Entered: 03/07/2022)
2022-03-10[VACATED] ENDORSED ORDER denying as moot 8 Assented to MOTION to Extend Time to Answer to March 21, 2022 . Text of Order: Pursuant to Fed. R. Civ. P. 12(a)(2), the defendant must serve its answer on or before April 8, 2022. The defendant's motion to extend the time to answer to March 21, 2022 (doc. no. 8) is, therefore, denied as moot. So Ordered by Judge Samantha D. Elliott.(vln) Modified on 3/11/2022 to add: VACATED (vln). (Entered: 03/10/2022)
2022-03-119Plaintiff's Request for Clarification Regarding the Court's Denial of Assented to Motion to Extend Time to Answer to March 21, 2022 by Michael Connett(Connett, Michael) (Entered: 03/11/2022)
2022-03-11ENDORSED ORDER 9 Plaintiff's Request for Clarification Regarding the Court's Denial of Assented to Motion to Extend Time to Answer to March 21, 2022. Text of Order: In light of the plaintiff's motion for clarification (doc. no. 9), the court strikes the March 10, 2022 endorsed order. The defendant's assented to motion to extend time to answer (doc. no. 8) is granted. So Ordered by Judge Samantha D. Elliott.(vln) (Entered: 03/11/2022)
2022-03-2110MOTION to Extend Time to Answer to April 4, 2022 filed by National Institutes of Health.Follow up on Objection on 4/4/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(McCormack, Michael) (Entered: 03/21/2022)
2022-03-2211RESPONSE to Motion re 10 MOTION to Extend Time to Answer to April 4, 2022 filed by Michael Connett. (Attachments: # 1 Exhibit Email exchange w/ defense counsel, # 2 Exhibit Email exchange w/ defense counsel)(Connett, Michael) (Entered: 03/22/2022)
2022-03-23ENDORSED ORDER granting 10 Motion to Extend Time to Answer to April 4, 2022 . Text of Order: Granted. So Ordered by Judge Samantha D. Elliott. Answer Follow Up on 4/4/2022. (vln) (Entered: 03/24/2022)
2022-03-3112Assented to MOTION to Extend Time to Answer to April 26, 2022 filed by National Institutes of Health.(McCormack, Michael) (Entered: 03/31/2022)
2022-03-31ENDORSED ORDER granting 12 Motion to Extend Time to Answer 1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Samantha D. Elliott. Answer Due on 4/26/2022. (vln) (Entered: 04/01/2022)
2022-04-2513Assented to MOTION to Stay filed by Michael Connett.(Connett, Michael) (Entered: 04/25/2022)
2022-04-25ENDORSED ORDER granting 13 Assented to Motion to Stay. Text of Order: Granted. The parties shall file a status report on or before July 9, 2022. So Ordered by Judge Samantha D. Elliott. Status Report due by 7/9/2022.(lw) (Entered: 04/26/2022)
2022-07-0814STATUS REPORT by National Institutes of Health : filed Jointly pursuant to the Court's April 26, 2022 Endorsed Order(McCormack, Michael) (Entered: 07/08/2022)
2022-07-12ENDORSED ORDER re: 14 Status Report. Text of Order: Reviewed. The court extends the stay until July 22, 2022. The parties shall file a further status report on or before that date. So Ordered by Judge Samantha D. Elliott.(vln) (Entered: 07/13/2022)
2022-07-2115STATUS REPORT by National Institutes of Health (McCormack, Michael) (Entered: 07/21/2022)
2022-07-22ENDORSED ORDER 15 Status Report. Text of Order: Reviewed. The court extends the stay until August 5, 2022. The parties shall file either a notice of settlement or a further status report on or before that date. So Ordered by Judge Samantha D. Elliott.(vln) (Entered: 07/22/2022)
2022-08-0516///STIPULATION of Dismissal as to the complaint by National Institutes of Health(McCormack, Michael) (Entered: 08/05/2022)
2022-08-08Civil Case Terminated. (vln) (Entered: 08/08/2022)
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