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Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03270
Date Filed2023-11-01
Date ClosedOpen
JudgeJudge Rudolph Contreras
PlaintiffINFORMED CONSENT ACTION NETWORK ICAN
Case DescriptionInformed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning for all emails received by Barney Graham that include "Baric" in any part of the email. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTES OF HEALTH NIH
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES HHS
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

2023-11-011COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10464824) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons to NIH, # 7 Summons to HHS, # 8 Summons to USAG, # 9 Summons to USAO)(Brehm, Elizabeth) (Entered: 11/01/2023)
2023-11-012LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 11/01/2023)
2023-11-013MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10464835. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 11/01/2023)
2023-11-02Case Assigned to Judge Rudolph Contreras. (zcb) (Entered: 11/02/2023)
2023-11-024SUMMONS (4) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/02/2023)
2023-11-155RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 11/13/2023 (Brehm, Elizabeth) (Entered: 11/15/2023)
2023-11-156RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/13/2023 (Brehm, Elizabeth) (Entered: 11/15/2023)
2023-11-157RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2023. (Brehm, Elizabeth) (Entered: 11/15/2023)
2023-11-158RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/6/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/6/2023. (Brehm, Elizabeth) (Entered: 11/15/2023)
2023-11-289NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 11/28/2023)
2023-11-2810Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/28/2023)
2023-11-28MINUTE ORDER granting 10 Consent Motion for Extension of Time: It is hereby ORDERED that Defendant shall respond to the Complaint on or before December 20, 2023. SO ORDERED. Signed by Judge Rudolph Contreras on 11/28/2023. (lcrc2) (Entered: 11/28/2023)
2023-11-28MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions SO ORDERED. Signed by Judge Rudolph Contreras on 11/28/2023. (lcrc2) (Entered: 11/28/2023)
2023-12-2011ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH.(Curteman, Dedra) (Entered: 12/20/2023)
2023-12-20MINUTE ORDER: It is hereby ORDERED that the parties shall meet and confer and submit a proposed briefing schedule (not a LCvR 16.3 report) within 3 weeks. SO ORDERED. Signed by Judge Rudolph Contreras on 12/20/2023. (lcrc2) (Entered: 12/20/2023)
2023-12-2012NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 12/20/2023)
2024-01-0213NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-2586. (Curteman, Dedra) (Entered: 01/02/2024)
2024-01-1014Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 01/10/2024)
2024-01-10MINUTE ORDER: Upon consideration of the 14 the parties' Joint Status Report, it is hereby ORDERED that the parties submit another joint status report on or before February 12, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 01/10/2024. (lcrc2) (Entered: 01/10/2024)
2024-02-1215Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 02/12/2024)
2024-02-12MINUTE ORDER: Upon consideration of 15 the parties' Joint Status Report, it is hereby ORDERED that the parties shall submit another joint status report on or before April 12, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 02/12/2024. (lcrc2) (Entered: 02/12/2024)
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