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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02366
Date Filed2022-08-10
Date ClosedOpen
JudgeJudge Beryl A. Howell
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionFunctional Government Initiative submitted FOIA requests to the Department of Health and Human Services and the National Institute of Health for records concerning randomized controlled trials to determine what kind of mask offered the best protection from COVID-19. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantDEPARTMENT 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-9433542) 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)
2022-08-15Case Assigned to Chief Judge Beryl A. Howell. (zmrl) (Entered: 08/15/2022)
2022-08-152STANDING ORDER. Signed by Chief Judge Beryl A. Howell on August 15, 2022. (lcbah2) (Entered: 08/15/2022)
2022-08-163SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/16/2022)
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 AND HUMAN SERVICES. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/15/2022)
2022-09-16MINUTE ORDER (paperless) GRANTING defendants' 4 Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint, and DIRECTING defendants to answer or otherwise respond to plaintiff's complaint by October 21, 2022. Signed by Chief Judge Beryl A. Howell on September 16, 2022. (lcbah2) (Entered: 09/16/2022)
2022-09-19Set/Reset Deadlines: Answer to the Complaint due by 10/21/2022. (ztg) (Entered: 09/19/2022)
2022-10-215ANSWER to Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Simon, Jeremy) (Entered: 10/21/2022)
2022-11-046Joint 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: 11/04/2022)
2022-11-04MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 6 Joint Status Report, the parties to file, by December 12, 2022, a joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on November 4, 2022. (lcbah2) (Entered: 11/04/2022)
2022-11-07Set/Reset Deadlines: Joint Status Report due by 12/12/2022. (ztg) (Entered: 11/07/2022)
2022-12-127Joint 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: 12/12/2022)
2022-12-13MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 7 Joint Status Report, the parties to file, by February 15, 2023, a joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on December 13, 2022. (lcbah2) (Entered: 12/13/2022)
2022-12-14Set/Reset Deadlines: Joint Status Report due by 2/15/2023. (hmc) (Entered: 12/14/2022)
2023-02-158Joint 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: 02/15/2023)
2023-02-17MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 8 Joint Status Report, the parties to file, by March 22, 2023, a joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Chief Judge Beryl A. Howell on February 17, 2023. (lcbah2) (Entered: 02/17/2023)
2023-02-17Set/Reset Deadlines: Joint Status Report due by 3/22/2023. (ztg) (Entered: 02/17/2023)
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 AND 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 AND HUMAN SERVICES. (Simon, Jeremy) (Entered: 03/23/2023)
2023-03-23MINUTE ORDER (paperless) GRANTING defendants' 9 Consent Motion for Extension of Time to File Joint Status Report, and DIRECTING the parties to file the next Joint Status Report by March 23, 2023. Signed by Judge Beryl A Howell on March 23, 2023. (lcbah2) (Entered: 03/23/2023)
2023-03-23Set/Reset Deadlines: Joint Status Report due by 3/23/2023. (ztg) (Entered: 03/23/2023)
2023-03-23Set/Reset Deadlines: Answer to the Complaint due by 4/26/2023. (ztg) (Entered: 03/23/2023)
2023-03-2311NOTICE of Proposed Order by FUNCTIONAL GOVERNMENT INITIATIVE re 10 Status Report (Goeken, Richard) (Entered: 03/23/2023)
2023-03-2412NOTICE of Proposed Order by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 10 Status Report (Attachments: # 1 Defendants' Proposed Order)(Simon, Jeremy) (Entered: 03/24/2023)
2023-03-28MINUTE ORDER (paperless), upon consideration of the parties' 10 Joint Status Report, plaintiff's 11 Notice of Proposed Order, and defendants' 12 Notice of Proposed Order, DENYING plaintiff's request for expedited processing of potentially responsive documents and DIRECTING the parties to file, by April 24, 2023, a joint status report advising the Court of the status of this matter, whether any issues remain disputed and, if so, proposing a schedule to govern future proceedings. Signed by Judge Beryl A. Howell on March 28, 2023. (lcbah2) (Entered: 03/28/2023)
2023-03-29Set/Reset Deadlines: Joint Status Report due by 4/24/2023. (ztg) (Entered: 03/29/2023)
2023-04-2413Joint 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: 04/24/2023)
2023-04-25MINUTE ORDER (paperless), upon consideration of the parties' 13 Joint Status Report, DIRECTING the parties to file, by May 18, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on April 25, 2023. (lcbah2) (Entered: 04/25/2023)
2023-04-26Set/Reset Deadlines: Joint Status Report due by 5/18/2023. (ztg) (Entered: 04/26/2023)
2023-05-1814Joint 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: 05/18/2023)
2023-06-1515Joint 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: 06/15/2023)
2023-06-15MINUTE ORDER (paperless), upon consideration of the parties' 15 Joint Status Report, DIRECTING the parties to file, by July 31, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on June 15, 2023. (lcbah2) (Entered: 06/15/2023)
2023-06-16Set/Reset Deadlines: Joint Status Report due by 7/31/2023. (ztg) (Entered: 06/16/2023)
2023-07-3116Joint 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: 07/31/2023)
2023-08-08MINUTE ORDER (paperless), upon consideration of the parties' 16 Joint Status Report, DIRECTING the parties to file, by August 30, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 8, 2023. (lcbah2) (Entered: 08/08/2023)
2023-08-09Set/Reset Deadlines: Joint Status Report due by 8/30/2023 (mac) (Entered: 08/09/2023)
2023-08-3017Joint 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: 08/30/2023)
2023-08-30MINUTE ORDER (paperless), upon consideration of the parties' 17 Joint Status Report, DIRECTING the parties to file, by October 4, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on August 30, 2023. (lcbah2) (Entered: 08/30/2023)
2023-08-30Set/Reset Deadlines: Parties Joint Status Report due by 10/4/2023. (mac) (Entered: 08/30/2023)
2023-09-2918Joint 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: 09/29/2023)
2023-10-02MINUTE ORDER (paperless) DIRECTING, upon consideration of the parties' 18 Joint Status Report, the parties to file another joint status report by November 16, 2023, advising the Court of the status of this matter. Signed by Judge Beryl A. Howell on October 2, 2023. (lcbah2) (Entered: 10/02/2023)
2023-10-02Set/Reset Deadlines: Parties Joint Status Report due by 11/16/2023 (mac) (Entered: 10/02/2023)
2023-11-1619Joint 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: 11/16/2023)
2023-11-17MINUTE ORDER (paperless), upon consideration of the parties' 19 Joint Status Report, DIRECTING the parties to file, by December 15, 2023, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on November 17, 2023. (lcbah2) (Entered: 11/17/2023)
2023-11-20Set/Reset Deadlines: Parties Joint Status Report due by 12/15/2023 (mac) (Entered: 11/20/2023)
2023-12-1420Joint 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: 12/14/2023)
2023-12-14MINUTE ORDER (paperless) upon consideration of the parties' 20 Joint Status Report, DIRECTING the parties to file, by January 26, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on December 14, 2023. (lcbah2) (Entered: 12/14/2023)
2023-12-14Set/Reset Deadlines: Parties Joint Status Report due by 1/26/2024 (mac) (Entered: 12/14/2023)
2024-01-2621Joint 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: 01/26/2024)
2024-01-30MINUTE ORDER (paperless) upon consideration of the parties' 21 Joint Status Report, DIRECTING the parties to file, by March 26, 2024, another joint status report advising the Court of the status of this matter, whether any disputes remain between the parties and, if so, proposing a schedule to govern further proceedings. Signed by Judge Beryl A. Howell on January 30, 2024. (lcbah2) (Entered: 01/30/2024)
2024-01-30Set/Reset Deadlines: Parties Joint Status Report due by 3/26/2024 (mac) (Entered: 01/30/2024)
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