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Case TitleCHILDREN'S HEALTH DEFENSE v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01016
Date Filed2023-04-12
Date ClosedOpen
JudgeJudge Timothy J. Kelly
PlaintiffCHILDREN'S HEALTH DEFENSE
Case DescriptionChildren's Health Defense submitted a FOIA request to the National Institute of Health for records concerning communications between ten NIH researchers and the individuals who contacted NIH seeking connection with health problems after COVID-19 vaccination. CHD also requested expedited processing. NIH acknowledged receipt of the request. NIH asked CHD for clarification. However, after hearing nothing further from the agency, CHD 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-121LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHILDREN'S HEALTH DEFENSE (Flores, Ray) (Entered: 04/12/2023)
2023-04-122COMPLAINT by CHILDREN'S HEALTH DEFENSE, against NATIONAL INSTITUTES OF HEALTH (Filing fee:$402 Receipt number ADCDC-9992128) . (Attachments: # 1 Exhibit, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Civil Cover Sheet)(Flores, Ray) (Entered: 04/12/2023)
2023-04-12Case Assigned to Judge Timothy J. Kelly. (zljn) (Entered: 04/12/2023)
2023-04-123SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 04/12/2023)
2023-04-234RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/17/2023. Answer due for ALL FEDERAL DEFENDANTS by 5/17/2023. (Flores, Ray) (Entered: 04/23/2023)
2023-04-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/17/23. (Flores, Ray) (Entered: 04/23/2023)
2023-04-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 4/17/2023 (Flores, Ray) (Entered: 04/23/2023)
2023-05-087NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 05/08/2023)
2023-05-118Consent MOTION for Extension of Time to File Answer re 2 Cover Sheet,, Complaint, by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 05/11/2023)
2023-05-12MINUTE ORDER granting Defendant's 8 Consent Motion for an Extension of Time. Upon consideration of Defendant's 8 consent motion for an extension of time to answer Plaintiff's complaint, it is hereby ORDERED that Defendant's motion is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint by June 16, 2023. Signed by Judge Timothy J. Kelly on 5/12/2023. (lctjk1) (Entered: 05/12/2023)
2023-06-169MOTION to Dismiss by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 06/16/2023)
2023-06-3010Memorandum in opposition to re 9 Motion to Dismiss filed by CHILDREN'S HEALTH DEFENSE. (Flores, Ray) (Entered: 06/30/2023)
2023-07-0511Consent MOTION to Withdraw Motion to Dismiss , Consent MOTION for Extension of Time to File Answer by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 07/05/2023)
2023-07-06MINUTE ORDER granting Defendant's 11 Consent Motion to Withdraw and to Extend Time. Upon consideration of Defendant's 11 motion to withdraw its 9 motion to dismiss and Plaintiff's consent thereto, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendant shall answer Plaintiff's complaint by August 4, 2023. Signed by Judge Timothy J. Kelly on 7/6/2023. (lctjk1) (Entered: 07/06/2023)
2023-08-0412ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH.(Curteman, Dedra) (Entered: 08/04/2023)
2023-08-07MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file a joint proposed schedule for briefing or disclosure by August 28, 2023. Signed by Judge Timothy J. Kelly on 8/7/2023. (lctjk1) (Entered: 08/07/2023)
2023-08-2213NOTICE of Appearance by Risa Evans on behalf of CHILDREN'S HEALTH DEFENSE (Evans, Risa) (Entered: 08/22/2023)
2023-08-2814Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 08/28/2023)
2023-09-05MINUTE ORDER: Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall submit a further joint status report by September 27, 2023, including a proposed production schedule. Signed by Judge Timothy J. Kelly on 9/5/2023. (lctjk1) (Entered: 09/05/2023)
2023-09-2715Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 09/27/2023)
2023-09-27MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall submit a further joint status report by October 27, 2023. Signed by Judge Timothy J. Kelly on 9/27/2023. (lctjk1) (Entered: 09/27/2023)
2023-10-2716Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 10/27/2023)
2023-10-30MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall submit a further joint status report by January 5, 2024, informing the Court as to whether Plaintiff has received the first monthly production of records. To the extent that Plaintiff still believes it is entitled to a faster production schedule, it may include any factual or legal authority in support of that argument. Signed by Judge Timothy J. Kelly on 10/30/2023. (lctjk1) (Entered: 10/30/2023)
2024-01-0517Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 01/05/2024)
2024-01-08MINUTE ORDER: Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by March 5, 2024. Signed by Judge Timothy J. Kelly on 1/8/2024. (lctjk1) (Entered: 01/08/2024)
2024-03-0518Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 03/05/2024)
2024-03-06MINUTE ORDER: Upon consideration of the parties' 18 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 6, 2024. Signed by Judge Timothy J. Kelly on 3/6/2024. (lctjk1) (Entered: 03/06/2024)
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