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Case TitleBEVERIDGE & DIAMOND, P.C. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2013cv01379
Date Filed2013-09-11
Date Closed2014-01-23
JudgeJudge Robert L. Wilkins
PlaintiffBEVERIDGE & DIAMOND, P.C.
Case DescriptionThe requester asked for a data used relied upon by an NIH report on the association of paraquat and Parkinson's Disease. The data came from a Farming and Movement Evaluation study, a collaborative study involving NIH and the VA. The data, however, resided with a third-party contractor, although the requester asserted NIH had previously disclosed the data in response to another FOIA request. NIH declined to disclose the data, and Beveridge & Diamond appealed, but HHS has not acted on its appeal.
Complaint issues: Failure to respond within statutory time limit, Agency Record - Constructive possession, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantNATIONAL INSTITUTES OF HEALTH
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
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-09-111COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-3463232) filed by BEVERIDGE & DIAMOND, P.C.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Civil Cover Sheet Civil Cover Sheet, # 7 Summons Summons for HHS, # 8 Summons Summons for NIH, # 9 Summons Summons for US Attorney General, # 10 Summons Summons for US Attorney for DC)(Roberts, Sean) (Entered: 09/11/2013)
2013-09-112Corporate Disclosure Statement by BEVERIDGE & DIAMOND, P.C.. (Roberts, Sean) (Entered: 09/11/2013)
2013-09-11Case Assigned to Judge Robert L. Wilkins. (sth, ) (Entered: 09/11/2013)
2013-09-113ELECTRONIC SUMMONS (4) Issued as to NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(sth, ) (Entered: 09/11/2013)
2013-09-134RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 9/12/2013 (Roberts, Sean) (Entered: 09/13/2013)
2013-09-135RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 9/12/2013 (Roberts, Sean) (Entered: 09/13/2013)
2013-09-136RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/12/2013. (Roberts, Sean) (Entered: 09/13/2013)
2013-09-137RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/12/2013. Answer due for ALL FEDERAL DEFENDANTS by 10/12/2013. (Roberts, Sean) (Entered: 09/13/2013)
2013-10-098NOTICE of Appearance by Mercedeh Momeni on behalf of NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Momeni, Mercedeh) (Entered: 10/09/2013)
2013-10-099Unopposed MOTION to Stay by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Momeni, Mercedeh) (Entered: 10/09/2013)
2013-10-1610ORDER granting 9 Unopposed MOTION to Stay; and it is, FURTHER ORDERED that this action be and is hereby stayed pending further order of the Court. Signed by Judge Robert L. Wilkins on 10/16/2013. (tcb) (Entered: 10/16/2013)
2013-10-1711NOTICE of Appearance by David Austin Barker on behalf of BEVERIDGE & DIAMOND, P.C. (Barker, David) (Entered: 10/17/2013)
2013-10-1812NOTICE of Appropriations for the Deparment of Justice and Other Executive Branch Agencies by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Momeni, Mercedeh) (Entered: 10/18/2013)
2013-10-22MINUTE ORDER: It is hereby ORDERED that Court adopts the Defendants Notice as follows: Defendants response to Plaintiffs complaint shall be due by October 30, 2013. Signed by Judge Robert L. Wilkins on 10/22/2013. (tcb) (Entered: 10/22/2013)
2013-10-2813MOTION for Summary Judgment by BEVERIDGE & DIAMOND, P.C. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Text of Proposed Order)(Barker, David) (Entered: 10/28/2013)
2013-10-2914Unopposed MOTION for Briefing Schedule by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Momeni, Mercedeh) (Entered: 10/29/2013)
2013-10-2915ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Momeni, Mercedeh) (Entered: 10/29/2013)
2013-11-01MINUTE ORDER: Defendants 14 Unopposed MOTION for Briefing Schedule is hereby GRANTED; and it is FURTHER ORDERED that the court adopts the briefing schedule as follows: Defendants Answer due by October 30, 2013, Plaintiffs Motion for Summary Judgment due by October 28, 2013, Defendants Opposition/ Cross Motion due by December 18, 2013, Plaintiffs Reply/Opposition due by January 15, 2014 and Defendants Reply due by February 12, 2014; and it is further ORDERED that the parties are admonished to comply with Local Rule 7(c) in future filings . Signed by Judge Robert L. Wilkins on 11/1/2013. (tcb) . (Entered: 11/01/2013)
2013-12-1616Consent MOTION for Extension of Time to File Opposition and Cross Motion by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Momeni, Mercedeh) (Entered: 12/16/2013)
2013-12-18MINUTE ORDER: Defendants 16 Consent MOTION for Extension of Time to File Opposition and Cross Motion is hereby GRANTED; and it is FURTHER ORDERED that the court adopts the briefing schedule as follows: Defendants Cross Motion/Opposition due by December 24, 2013, Plaintiffs Opposition/Reply due by January 22, 2014 and Defendants Reply due by February 19, 2014; and it is further ORDERED that the parties are admonished to submit a proposed order in compliance with Local Rule 7(c) in future filings. Signed by Judge Robert L. Wilkins on 12/18/2013. (ztcb, ) (Entered: 12/18/2013)
2013-12-2417Cross MOTION for Summary Judgment by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Declaration Ex. A and attachments, # 2 Declaration Ex. B)(Momeni, Mercedeh) Modified on 12/26/2013 (jf, ). (Entered: 12/24/2013)
2013-12-2418Memorandum in opposition to re 13 MOTION for Summary Judgment filed by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Declaration Ex. A and attachments, # 2 Declaration Ex. B)(Momeni, Mercedeh) (Entered: 12/24/2013)
2014-01-2219STIPULATION of Dismissal with Prejudice by BEVERIDGE & DIAMOND, P.C.. (Barker, David) (Entered: 01/22/2014)
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by FOIA Project Staff
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