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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01704
Date Filed2022-06-14
Date ClosedOpen
JudgeMagistrate Judge Moxila A. Upadhyaya
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionThe Functional Government Initiative submitted a FOIA request to the National Institutes of Health for records concerning the distribution of mAb in response to the outbreak of the coronavirus pandemic to others in government and employees of Amerisource Corp. The agency acknowledged receipt of the request and indicated it might need to contact FFGI for clarification. After hearing nothing further from the agency, FGI 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
DefendantNATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-141COMPLAINT against FUNCTIONAL GOVERNMENT INITIATIVE v. HEALTH AND HUMAN SERVICES, ET AL. ( Filing fee $ 402 receipt number ADCDC-9306419) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit 1. FOIA Request from FGI to HHS dated 2.19.22, # 2 Exhibit 2. FOIA Request from FGI to NIH dated 2.19.22, # 3 Exhibit 3. FOIA Request from FGI to NIAID dated 2.19.22, # 4 Summons To Attorney General, # 5 Summons To U.S. Attorney for D.C., # 6 Summons To HHS Office of General Counsel, # 7 Summons To NIH Office of General Counsel, # 8 Summons To NIAID Office of General Counsel, # 9 Civil Cover Sheet)(Goeken, Richard) (Entered: 06/14/2022)
2022-06-14Case Assigned to Judge Trevor N. McFadden. (znmg) (Entered: 06/14/2022)
2022-06-142SUMMONS (5) Issued Electronically as to NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, 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)(znmg) (Entered: 06/14/2022)
2022-06-143STANDING 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 6/14/22. (lctnm2) (Entered: 06/14/2022)
2022-07-154NOTICE of Appearance by Stephen DeGenaro on behalf of All Defendants (DeGenaro, Stephen) (Entered: 07/15/2022)
2022-07-155Consent MOTION for Extension of Time to Respond to the Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/15/2022)
2022-07-15MINUTE ORDER granting the 5 Consent Motion for Extension of Time. Defendants shall respond to the 1 Complaint by August 22, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/15/22. (lctnm2) (Entered: 07/15/2022)
2022-07-15Set/Reset Deadlines: Answer to the Complaint due by 8/22/2022. (ztg) (Entered: 07/15/2022)
2022-07-286Consent to Proceed before US Magistrate Judge for All Purposes by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.. (DeGenaro, Stephen) (Entered: 07/28/2022)
2022-07-29MINUTE ORDER REFERRING CASE to a Magistrate Judge, to be assigned at random by the Clerk's Office, for all purposes, pursuant to the parties' 6 Consent to Proceed before US Magistrate Judge for All Purposes. See LCvR 73.1(a). Signed by Judge Trevor N. McFadden on 7/29/22. (lctnm2) (Entered: 07/29/2022)
2022-07-29CASE RANDOMLY REFERRED to Magistrate Judge Robin M. Meriweather for all purposes. (znmg) (Entered: 07/29/2022)
2022-08-097REQUEST FOR SUMMONS TO ISSUE to National Institute of Allergy and Infectious Diseases filed by FUNCTIONAL GOVERNMENT INITIATIVE.(Goeken, Richard) (Entered: 08/09/2022)
2022-08-108SUMMONS (1) Reissued Electronically as to NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (Attachments: # 1 Notice and Consent)(zjf) (Entered: 08/10/2022)
2022-08-229ANSWER to Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(DeGenaro, Stephen) (Entered: 08/22/2022)
2022-08-2210STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 08/22/2022)
2022-08-23MINUTE ORDER: On review of Defendants' 10 Status Report, the parties are ORDERED to submit a joint status report no later than November 21, 2022. Signed by Magistrate Judge Robin M. Meriweather on 08/22/2022. (lcre) (Entered: 08/23/2022)
2022-08-29Case directly reassigned to Magistrate Judge Moxila A. Upadhyaya. Magistrate Judge Robin M. Meriweather is no longer assigned to the case. (ztnr) (Entered: 08/29/2022)
2022-11-2111Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Venguswamy, Kartik) (Entered: 11/21/2022)
2022-12-2312Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 12/23/2022)
2023-01-03MINUTE ORDER: On review of the Parties 12 joint status report, the Parties are ORDERED to submit a joint status report no later than January 23, 2023. The Parties shall update the Court on the progress of Defendants search, processing, and production of documents responsive to Plaintiffs FOIA requests and apprise the Court of any progress made by the Parties in modifying the present search terms. Signed by Magistrate Judge Moxila A. Upadhyaya on 1/3/2023. (ztl) (Entered: 01/03/2023)
2023-01-2313Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 01/23/2023)
2023-01-25MINUTE ORDER: On review of the Parties 13 Joint Status Report, the Parties are ORDERED to submit a Joint Status Report no later than February 24, 2023. The Parties shall update the Court on the progress of Defendants processing of documents, as well as any agreements reached by the Parties regarding revised search terms and the manner of handling redactions of non-responsive information. The Parties shall also apprise the Court if they believe dispositive motions are in order. Signed by Magistrate Judge Moxila A. Upadhyaya on 1/25/2023. (lckn) (Entered: 01/25/2023)
2023-01-25Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (lckn) (Entered: 01/25/2023)
2023-02-2414Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 02/24/2023)
2023-03-03MINUTE ORDER: On review of the Parties' 14 Joint Status Report, the Parties are ORDERED to submit a Joint Status Report no later than April 25, 2023. In the Status Report, the Parties shall provide an update on Defendants' processing and production of documents and whether any of the Parties are requesting a briefing schedule on dispositive motions. Status Report due by 4/25/2023 Signed by Magistrate Judge Moxila A. Upadhyaya on 3/3/2023. (lckn) (Entered: 03/03/2023)
2023-04-2515Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Venguswamy, Kartik) (Entered: 04/25/2023)
2023-04-25MINUTE ORDER: On review of the Parties' 15 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than June 26, 2023. The Parties shall update the Court on the progress of Defendants' processing of documents, as well as any agreements reached by the Parties regarding revised search terms. The Parties shall also apprise the Court on whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Status Report due by 6/26/2023. Signed by Magistrate Judge Moxila A. Upadhyaya on 04/25/2023. (lckn) (Entered: 04/25/2023)
2023-06-2616Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 06/26/2023)
2023-07-0617MINUTE ORDER: On review of the Parties' 16 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than August 28, 2023. The Parties shall update the Court on the progress of Defendants' processing of documents, as well as any agreements reached by the Parties regarding revised search terms. The Parties shall also address whether an agreement has been reached regarding the breadth of Plaintiff's Requests. The Parties shall apprise the Court on whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Joint Status Report due by 8/28/2023. Signed by Magistrate Judge Moxila A. Upadhyaya on 07/06/2023. (lckn) (Entered: 07/06/2023)
2023-08-2818Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 08/28/2023)
2023-09-01MINUTE ORDER: Upon review of the Parties' 18 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than October 27, 2023. The Parties shall update the Court on the progress of Defendants' processing and production of documents, as well as whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Joint Status Report due by 10/27/2023. Signed by Magistrate Judge Moxila A. Upadhyaya on 09/01/2023. (lckn) (Entered: 09/01/2023)
2023-10-2719Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 10/27/2023)
2023-11-07MINUTE ORDER: Upon review of the Parties' 19 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than December 22, 2023. The Parties shall update the Court on the progress of Defendants' processing and production of documents, as well as whether they believe summary judgment briefing is in order. If so, the Parties shall propose a briefing schedule. Joint Status Report due by 12/22/2023. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 11/07/2023. (lchk) (Entered: 11/07/2023)
2023-12-2220Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 12/22/2023)
2024-01-25MINUTE ORDER: Upon review of the Parties' 20 Joint Status Report, the Parties are ORDERED to file another Joint Status Report no later than February 20, 2024. The Parties report in 20 that the HHS and NIH productions according to the agreed upon parameters are now complete. The Parties also report that the NIH production contained responsive documents from both Defendants NIH and NIAID. The Parties shall confirm in their next Joint Status Report whether all production according to the agreed parameters is now complete. The Parties shall also inform the Court whether dispositive briefing is necessary, and if so, propose a schedule for such briefing. Joint Status Report due by 02/20/2024. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 1/25/24. (lchk) (Entered: 01/25/2024)
2024-02-2021Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 02/20/2024)
2024-03-05MINUTE ORDER: The Parties represent in 21 Joint Status Report that Plaintiff is satisfied with Defendants' productions and does not intend to challenge Defendants' search or withholdings. Additionally, the Parties report that the only remaining issue for them to resolve is Plaintiff's demand for fees and costs. As such, the Parties are ordered to continue to meet and confer to attempt to resolve this issue. The Parties shall file a Joint Status Report by March 21, 2024 updating the Court on whether the Parties have resolved Plaintiff's demand for fees and costs. If the Parties have not resolved this issue, they shall propose a briefing schedule on the issue of Plaintiff's fee demand. SO ORDERED. Signed by Magistrate Judge Moxila A. Upadhyaya on 03/05/2024. (lchk) (Entered: 03/05/2024)
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