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Case TitleFreedom Coalition of Doctors for Choice v. Centers for Disease Control and Prevention
DistrictNorthern District of Texas
CityAmarillo
Case Number2:2023cv00009
Date Filed2023-01-13
Date Closed2023-03-20
JudgeJudge Matthew J. Kacsmaryk
PlaintiffFreedom Coalition of Doctors for Choice
Case DescriptionFreedom Coalition of Doctors for Choice submitted a FOIA request to the Centers for Disease Control for records concerning data obtained from v-safe users from the free text fields within the COVID-19 vaccine v-safe program. FCDC also requested expedited processing. The agency acknowledged receipt of the request. The agency denied FCDC's request for expedited processing. FCDC filed an administrative appeal challenging the denial of expedited processing. After hearing nothing further from the agency, FCDC filed suit.
Complaint issues: Expedited processing - Compelling Need, Litigation - Attorney's fees

DefendantCenters for Disease Control and Prevention
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-01-131COMPLAINT against Centers for Disease Control and Prevention filed by Freedom Coalition of Doctors for Choice. (Filing fee $402; Receipt number ATXNDC-13441886) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet) (Sullivan, John) (Entered: 01/13/2023)
2023-01-132Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13442135) filed by Freedom Coalition of Doctors for Choice (Attachments: # 1 Exhibit(s) Exhibit - Ohio Cert, # 2 Exhibit(s) Exhibit - KY Cert, # 3 Exhibit(s) Exhibit - admissions, # 4 Exhibit(s) Exhibit A, # 5 Proposed Order Proposed Order)Attorney Christopher D Wiest added to party Freedom Coalition of Doctors for Choice(pty:pla) (Wiest, Christopher) (Entered: 01/13/2023)
2023-01-173New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 01/17/2023)
2023-01-174Summons issued as to Centers for Disease Control and Prevention, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 01/17/2023)
2023-01-205ORDER: Before the Court is Plaintiff's Application for Admission Pro Hac Vice ("Application") (ECF No. 2), filed on January 13, 2023. The Court will defer ruling on the Application because Plaintiff failed to comply with Local Rule 83.10(a). Plaintiff is ORDERED to obtain local counsel consistent with Local Rule 83.10(a) or file for leave to proceed without local counsel supported by good cause. (Ordered by Judge Matthew J. Kacsmaryk on 1/20/2023) (awc) (Entered: 01/23/2023)
2023-01-236MOTION To Proceed Without Local Counsel filed by Freedom Coalition of Doctors for Choice (Sullivan, John) (Entered: 01/23/2023)
2023-01-267ORDER granting 6 Motion To Proceed Without Local Counsel; granting 2 Application for Admission Pro Hac Vice of Christopher D Wiest. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 1/26/2023) (awc) (Entered: 01/27/2023)
2023-02-018SUMMONS Returned Executed as to Centers for Disease Control and Prevention ; served on 1/20/2023. (Attachments: # 1 Exhibit(s) 1 - Proof of Service to CDC, # 2 Exhibit(s) 2 - Proof of Service to US Attorney for NDTX, # 3 Exhibit(s) 3 - Proof of Service to USAG M. Garland) (Sullivan, John) (Entered: 02/01/2023)
2023-02-219NOTICE of Attorney Appearance by Jody Dale Lowenstein on behalf of Centers for Disease Control and Prevention. (Filer confirms contact info in ECF is current.) (Lowenstein, Jody) (Entered: 02/21/2023)
2023-02-2110MOTION to Dismiss filed by Centers for Disease Control and Prevention (Attachments: # 1 Proposed Order) (Lowenstein, Jody) (Entered: 02/21/2023)
2023-02-2111Brief/Memorandum in Support filed by Centers for Disease Control and Prevention re 10 MOTION to Dismiss (Lowenstein, Jody) (Entered: 02/21/2023)
2023-02-2112Appendix in Support filed by Centers for Disease Control and Prevention re 10 MOTION to Dismiss (Lowenstein, Jody) (Entered: 02/21/2023)
2023-03-1413NOTICE of Dismissal filed by Freedom Coalition of Doctors for Choice (Sullivan, John) (Entered: 03/14/2023)
2023-03-2014NOTICE: The Court DIRECTS the United States District Clerk to close the case. The Court issues notice accordingly. (Ordered by Judge Matthew J. Kacsmaryk on 3/20/2023) (awc) (Entered: 03/20/2023)
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by FOIA Project Staff
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