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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02362
Date Filed2022-08-10
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted a FOIA request to the Department of Health and Human Services and the National Institute of Health for records concerning the efficacy of using a cloth mask to protect from COVID-19. The agency acknowledged receipt of request but after hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantU.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
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

2022-08-101COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9432763) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit 1. FOIA Request from FGI to HHS, # 2 Exhibit 2. FOIA Request from FGI to NIH, # 3 Exhibit 3. FOIA Request from FGI to NIAID, # 4 Civil Cover Sheet, # 5 Summons to U.S. Attorney General, # 6 Summons to U.S. Attorney for D.C., # 7 Summons to HHS, # 8 Summons to NIH, # 9 Summons to NIAID)(Goeken, Richard) (Entered: 08/10/2022)
2022-08-152SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/15/2022)
2022-08-15Case Assigned to Judge Carl J. Nichols. (zmrl) (Entered: 08/15/2022)
2022-08-183STANDING ORDER. Signed by Judge Carl J. Nichols on August 18, 2022. (lccjn1) (Entered: 08/18/2022)
2022-09-154Consent MOTION for Extension of Time to Answer or Otherwise Respond to Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/15/2022)
2022-09-19MINUTE ORDER. Upon consideration of the 4 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiff's Complaint on or before October 21, 2022. Signed by Judge Carl J. Nichols on September 19, 2022. (lccjn1) (Entered: 09/19/2022)
2022-09-19Set/Reset Deadlines: Answer due by 10/21/2022. (zcal) (Entered: 09/22/2022)
2022-10-215ANSWER to Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES.(Simon, Jeremy) (Entered: 10/21/2022)
2022-10-25MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before November 14, 2022. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated dates for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force , 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request and any discussions regarding whether Plaintiff's request can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. Signed by Judge Carl J. Nichols on October 25, 2022. (lccjn1) (Entered: 10/25/2022)
2022-10-25Set/Reset Deadlines: Joint Status Report due by 11/14/2022. (zcal) (Entered: 10/26/2022)
2022-11-146Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 11/14/2022)
2022-11-28MINUTE ORDER. Upon consideration of the 6 Joint Status Report, it is ORDERED that the Parties shall file, by December 14, 2022, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on November 28, 2022. (lccjn1) (Entered: 11/28/2022)
2022-12-147Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 12/14/2022)
2022-12-15MINUTE ORDER. Upon consideration of the 7 Joint Status Report, it is ORDERED that the Parties shall file, by February 15, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on December 15, 2022. (lccjn1) (Entered: 12/15/2022)
2023-02-158Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 02/15/2023)
2023-02-21MINUTE ORDER. Upon consideration of the 8 Joint Status Report, it is ORDERED that the Parties shall file, by March 22, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on February 21, 2023. (lccjn1) (Entered: 02/21/2023)
2023-03-229Consent MOTION for Extension of Time to File Joint Status Report by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/22/2023)
2023-03-2310Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 03/23/2023)
2023-04-05MINUTE ORDER. Upon consideration of the 9 Consent Motion for Extension of Time, it is ORDERED that the Motion is GRANTED and the 10 Joint Status Report is deemed timely filed. Upon consideration of the 10 Joint Status Report, it is ORDERED that the Parties shall file, by April 24, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on April 5, 2023. (lccjn1) (Entered: 04/05/2023)
2023-04-2411Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 04/24/2023)
2023-04-27MINUTE ORDER. Upon consideration of the 11 Joint Status Report, it is ORDERED that the Parties shall file, by May 18, 2023, an additional joint status report, including a proposal for further proceedings. Signed by Judge Carl J. Nichols on April 27, 2023. (lccjn1) (Entered: 04/27/2023)
2023-05-1812Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 05/18/2023)
2023-05-22MINUTE ORDER. Upon consideration of the 12 Joint Status Report, it is ORDERED that the parties shall file an additional joint status report by June 15, 2023, and every 60 days thereafter until any party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. Signed by Judge Carl J. Nichols on May 22, 2023. (lccjn1) (Entered: 05/22/2023)
2023-06-1513Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 06/15/2023)
2023-08-1414Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Simon, Jeremy) (Entered: 08/14/2023)
2023-10-1215Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 10/12/2023)
2023-12-1116Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 12/11/2023)
2024-02-0917Joint STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 02/09/2024)
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