Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Centers for Disease Control and Prevention improperly narrowed a multi-part request submitted by the Knight First Amendment Institute for records concerning the Coronavirus Task Force led by Vice President Mike Pence. The Knight Institute also requested expedited processing, which the agency rejected. The agency's initial search yielded approximately 60,000 responsive records, but it produced only 629 pages, including 529 pages withheld in full or in part under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). The Knight Institute subsequently narrowed its Exemption 5 challenges after the CDC withdrew many of those claims. The Knight Institute challenged the agency's search for records relating to policies or procedures governing public communications of CDC staff about the coronavirus, and records relating to policies or procedures for the coordination of communications strategy between the CDC and the Coronavirus Task Force. The CDC interpreted those portions of the Knight Institute's request for policies to relate to actual written policies, while the Knight Institute argued this was too cramped. Judge Analisa Torres sided with the Knight Institute. She noted that "here, the plain language of the requests indicate that they encompass more that CDC's interpretation. Requests one and two seek records 'relating to' policies and procedures, and so are broader than merely the policies themselves. By reading requests one and two to include only the policies and procedures, the CDC made the phrase 'relating to' superfluous â€" 'a result that is anathema to established principles of reasoned interpretation,' including in the interpretation of FOIA requests." She indicated that "moreover, by contrast, in request four, Plaintiff does not include the phrase 'records relating to,' instead requesting only 'the CDC's policies on employee communications with news media and the public in effect from January 2017 to the present.' The comparison with requests one and two clarifies that those requests seek records beyond the policies or procedures." The CDC argued another part of the Knight Institute's request specifically asked for emails, indicating that it was capable of specifically describing the records it sought. But Torres noted that "however, courts have rejected the idea that including a specific request invalidates an overlapping broader request. Moreover, even assuming the requests are ambiguous and both readings are reasonable, 'the [agency] had a duty under FOIA to select the interpretation that would likely yield the greatest number of responsive records.'" She also rejected the CDC's contention that there was no basis for believing that the agency's search did not include related records. Torres explained that "however, the agency states that it is 'confident that its search produced all documents responsive to the subject of the final narrowed request as it understood the meaning and scope of that request.' Moreover, the agency states that it narrowed its initial search based on the 'general responsiveness to the topics identified in the request.' As the CDC's interpretation of the topics in the request was overly narrow, Defendants have not met their burden to demonstrate that the search was reasonably conducted to find all documents responsive to the broader interpretation." Torres also faulted the agency's decision not to include certain variants of the word "communications," claiming that the use of those terms would capture too many unresponsive records. Torres noted that "but, an agency's duty under FOIA is not to strike such a balance; it is to conduct a search reasonably calculated to uncover documents, unless such a search would be an undue burden. The CDC has not argued that using broader search terms would be unduly burdensome, merely that it would result in a large number of documents. That is not a relevant concern under FOIA." Torres found the agency's explanation of its search was wanting as well. She pointed out that the agency affidavit "does not specify how Boolean searches were used: for instance, it if searched for the two-word terms like 'covid communication' in quotes (producing only documents containing those two words in sequence), or not (producing documents with either one of those words anywhere in the document)." Torres was skeptical as to why the CDC did not search the email boxes of all 13 individuals the Knight Institute had identified based on the frequency of their appearance in responsive documents. Torres pointed out that "an agency has a responsibility to follow leads discovered in its search that suggest other locations with responsive documents. For that reason, whether an agency's search was reasonable is determined 'based on what the agency knew at its conclusion rather than what the agency speculated at its inception.'" She indicated that "here, the CDC has given no reason it did not search the inboxes of the individuals identified by Plaintiff, which Plaintiff reasonably contends may contain responsive documents." The CDC withheld records under the presidential communications privilege and the deliberative process privilege. The Knight Institute challenged whether the presidential communications privilege applied to a series of blast emails that involved then Chief of Staff Mick Mulvaney, which were sent to 49 individuals, including 12 non-EOP staffers. Torres cited Center for Effective Government v. Dept of State, 7 F. Supp. 3d 25 (D.D.C. 2013), in which Judge Ellen Segal Huvelle held that the presidential communications privilege did not apply when it did not involve a quintessential and non-delegable Presidential power and, instead, was exercised without Presidential involvement. Torres found that Huvelle's analysis applied here as well. She pointed out that "disclosure of the documents would not prevent the President from operating effectively. The media strategy of an executive agency is not a quintessential presidential power like the removal power; it is and was performed without presidential input." She added that "because the policies were distributed to more than just the President's closest advisors, his ability to communicate his final decisions privately was not implicated." The Knight Institute challenged the application of the deliberative process privilege to several documents. Torres found none of them were completely covered and decided to view one of them in camera. She also found that the agency had failed to justify its deliberative process privilege claims under the foreseeable harm standard.
Issues: Adequacy - Search, Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2020-04-02	1	COMPLAINT against Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19315430)Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Diakun, Anna) (Entered: 04/02/2020)
2020-04-02	2	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/02/2020)
2020-04-02	3	CIVIL COVER SHEET filed..(Diakun, Anna) (Entered: 04/02/2020)
2020-04-02	4	REQUEST FOR ISSUANCE OF SUMMONS as to Centers for Disease Control and Prevention, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/02/2020)
2020-04-02	5	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/02/2020)
2020-04-02	6	NOTICE OF APPEARANCE by Alexander Abraham Abdo on behalf of Knight First Amendment Institute at Columbia University..(Abdo, Alexander) (Entered: 04/02/2020)
2020-04-03		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 04/03/2020)
2020-04-03		Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 04/03/2020)
2020-04-03		Case Designated ECF. (pc) (Entered: 04/03/2020)
2020-04-03	7	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services..(pc) (Entered: 04/03/2020)
2020-04-03	8	ELECTRONIC SUMMONS ISSUED as to Centers for Disease Control and Prevention..(pc) (Entered: 04/03/2020)
2020-04-06	9	ORDER: It is ORDERED that the initial pretrial conference scheduled for June 4, 2020, at 1:20 p.m. shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. (As further set forth in this Order.) Initial Conference set for 6/4/2020 at 01:20 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/6/2020) (cf) (Entered: 04/06/2020)
2020-04-06	10	ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 4/6/2020) (cf) (Entered: 04/06/2020)
2020-04-06	11	ORDER: Initial Conference set for 6/4/2020 at 01:20 PM before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 4/6/2020) (cf) (Entered: 04/06/2020)
2020-04-22	12	SUMMONS RETURNED EXECUTED. Centers for Disease Control and Prevention served on 4/20/2020, answer due 5/11/2020. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/22/2020)
2020-04-22	13	SUMMONS RETURNED EXECUTED. U.S. Department of Health and Human Services served on 4/17/2020, answer due 5/8/2020. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/22/2020)
2020-04-22	14	SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/22/2020)
2020-04-22	15	SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/22/2020)
2020-04-27	16	NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Krause, Andrew) (Entered: 04/27/2020)
2020-05-08	17	AMENDED COMPLAINT amending 1 Complaint, against Centers for Disease Control and Prevention, U.S. Department of Health and Human Services.Document filed by Knight First Amendment Institute at Columbia University. Related document: 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Diakun, Anna) (Entered: 05/08/2020)
2020-05-13	18	MOTION for Stephanie Krent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19823123. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Krent, Stephanie) (Entered: 05/13/2020)
2020-05-13		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Stephanie Krent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19823123. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ad) (Entered: 05/13/2020)
2020-05-15	19	ORDER granting 18 Motion for Stephanie Krent to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (AH) (Entered: 05/15/2020)
2020-05-22	20	ANSWER to 17 Amended Complaint,. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Krause, Andrew) (Entered: 05/22/2020)
2020-05-26	21	ORDER: The initial pretrial conference scheduled for June 4, 2020, at 1:20 p.m. is RESCHEDULED to June 4, 2020, at 11:20 a.m. The conference shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. SO ORDERED., ( Initial Conference set for 6/4/2020 at 11:20 AM before Judge Analisa Torres., Telephone Conference set for 6/4/2020 at 11:20 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 5/26/2020) (ama) (Entered: 05/26/2020)
2020-05-26	22	ORDER: The initial pretrial conference scheduled for June 4, 2020, at 11:20 a.m. is RESCHEDULED to June 4, 2020, at 1:20 p.m.-the time at which it was originally set to take place. Counsel should disregard the order at ECF No. 21. The conference shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. SO ORDERED. (Initial Conference set for 6/4/2020 at 01:20 PM before Judge Analisa Torres. Telephone Conference set for 6/4/2020 at 01:20 PM before Judge Analisa Torres). (Signed by Judge Analisa Torres on 5/26/2020) (rjm) (Entered: 05/27/2020)
2020-05-28	23	JOINT LETTER addressed to Judge Analisa Torres from Stephanie Krent and Andrew Krause dated 05/28/2020 re: Initial Pretrial Conference. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A).(Krent, Stephanie) (Entered: 05/28/2020)
2020-06-04		Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 6/4/2020. (AH) (Entered: 06/04/2020)
2020-06-04	24	ORDER: By June 9, 2020, Defendants shall complete processing of records responsive to Plaintiffs "prioritized records" request under the Freedom of Info1mation Act for (i) the CDC'scurrently operative employee communications or speech policies and (ii) any policies or guidelines concerning the coordination of statements and/or public appearances with the Office of Vice President Mike Pence or the White House Coronavirns Task Force, other than any records in these categories for which consultation, referral, or coordination is required pursuant to 45 C.F.R. § 5.25(b ), and will produce responsive, non-exempt records that it has processed. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 6/4/2020) (cf) (Entered: 06/04/2020)
2020-06-09	25	LETTER addressed to Judge Analisa Torres from Andrew E. Krause dated June 9, 2020 re: deadline for processing certain records. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Krause, Andrew) (Entered: 06/09/2020)
2020-07-06	26	LETTER addressed to Judge Analisa Torres from Andrew E. Krause dated July 6, 2020 re: deadline for processing certain records. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Krause, Andrew) (Entered: 07/06/2020)
2020-07-10	27	ORDER re: 26 Letter, filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. On July 6, 2020, Defendants reported that they had completed production of all records they deemed responsive and non-exempt in response to Plaintiff's Freedom of Information Act request. ECF No. 26. It is ORDERED that by August 7, 2020, the parties shall file a joint letter indicating whether any disputes are outstanding, and stating whether any party intends to file any motions. SO ORDERED. (Signed by Judge Analisa Torres on 7/10/2020) (kv) (Entered: 07/10/2020)
2020-07-20	28	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun and Andrew E. Krause dated 07/20/2020 re: Parties' outstanding disputes and proposed summary judgment briefing schedule. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A).(Krent, Stephanie) (Entered: 07/20/2020)
2020-07-27	29	ORDER: The Court having reviewed the parties' joint letter dated July 20, 2020, ECF No. 28, it is ORDERED that: 1. The parties' request to dispense with the requirement of additional pre-motion letters under Rule III(A) of the Court's Individual Practices in Civil Cases is GRANTED; 2. By August 26, 2020, Defendants shall provide Plaintiff with a draft Vaughn index; 3. By September 4, 2020, Defendants shall file their motion for summary judgment; 4. By September 18, 2020, Plaintiff shall file its cross-motion for summary judgment; 5. By October 2, 2020, Defendants shall file their opposition to Plaintiff's cross motion for summary judgment and any reply in support of their own motion for summary judgment, in a single memorandum of law; 6. By October 16, 2020, Plaintiff shall file its reply, if any; 7. Each of the four memoranda of law filed by the parties may encompass 30 pages, but may not exceed that length. SO ORDERED. Motions due by 9/4/2020. Cross Motions due by 9/18/2020. Responses due by 10/2/2020 Replies due by 10/16/2020. (Signed by Judge Analisa Torres on 7/27/2020) (kv) (Entered: 07/27/2020)
2020-07-29	30	PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 07/29/2020)
2020-07-29	31	CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, Attorney Natasha Waglow Teleanu for Centers for Disease Control and Prevention,Natasha Waglow Teleanu for U.S. Department of Health and Human Services added. Attorney Andrew Edward Krause terminated. The substitution of attorney is hereby approved and SO ORDERED. (Signed by Judge Analisa Torres on 7/29/2020) (kv) (Entered: 07/30/2020)
2020-09-04	32	MOTION for Summary Judgment . Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 09/04/2020)
2020-09-04	33	MEMORANDUM OF LAW in Support re: 32 MOTION for Summary Judgment . . Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 09/04/2020)
2020-09-04	34	DECLARATION of Roger Andoh in Support re: 32 MOTION for Summary Judgment .. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit A).(Teleanu, Natasha) (Entered: 09/04/2020)
2020-09-14	35	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jennifer Pinsof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21644166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Pinsof, Jennifer) Modified on 9/14/2020 (aea). (Entered: 09/14/2020)
2020-09-14		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 35 MOTION for Jennifer Pinsof to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21644166. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Affidavit is not notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) (Entered: 09/14/2020)
2020-09-15	36	MOTION for Jennifer Pinsof to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Affidavit (notarized), # 2 Certificate of Good Standing, # 3 Text of Proposed Order).(Pinsof, Jennifer) (Entered: 09/15/2020)
2020-09-16		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Jennifer Pinsof to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (vba) (Entered: 09/16/2020)
2020-09-16	37	ORDER granting 36 Motion for Jennifer Pinsof to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (ah) (Entered: 09/16/2020)
2020-09-18	38	CROSS MOTION for Partial Summary Judgment . Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 09/18/2020)
2020-09-18	39	MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Partial Summary Judgment . and in Opposition to Defendants' Motion for Summary Judgment . Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 09/18/2020)
2020-09-18	40	DECLARATION of Jennifer Pinsof in Support re: 38 CROSS MOTION for Partial Summary Judgment .. Document filed by Knight First Amendment Institute at Columbia University. (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).(Diakun, Anna) (Entered: 09/18/2020)
2020-10-02	41	REPLY MEMORANDUM OF LAW in Support re: 32 MOTION for Summary Judgment . and in Opposition to Plaintiff's Motion for Partial Summary Judgment . Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 10/02/2020)
2020-10-02	42	DECLARATION of Roger Andoh in Support re: 32 MOTION for Summary Judgment .. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 10/02/2020)
2020-10-02	43	DECLARATION of Natasha W. Teleanu in Support re: 32 MOTION for Summary Judgment .. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit A).(Teleanu, Natasha) (Entered: 10/02/2020)
2020-10-16	44	REPLY MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Partial Summary Judgment . . Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 10/16/2020)
2020-10-16	45	DECLARATION of Jennifer Pinsof in Support re: 38 CROSS MOTION for Partial Summary Judgment .. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Diakun, Anna) (Entered: 10/16/2020)
2020-10-26	46	ENDORSED LETTER addressed to Judge Analisa Torres from Anna Diakun dated 10/16/2020 re: request oral argument. ENDORSEMENT: DENIED. The Court has determined that oral argument will not be necessary. SO ORDERED. (Signed by Judge Analisa Torres on 10/26/2020) (va) (Entered: 10/26/2020)
2020-12-10	47	LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu dated 12/10/2020 re: Release of certain records. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 12/10/2020)
2020-12-10	48	LETTER addressed to Judge Analisa Torres from Anna Diakun dated December 10, 2020 re: Government's Release of Certain Records. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit 1).(Diakun, Anna) (Entered: 12/10/2020)
2021-04-13	49	LETTER addressed to Judge Analisa Torres from Anna Diakun dated April 13, 2021 re: Notice of Supplemental Authority. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit 1).(Diakun, Anna) (Entered: 04/13/2021)
2021-04-20	50	LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu dated April 20, 2021 re: response to Plaintiff's April 13, 2021 letter regarding supplemental authority. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 04/20/2021)
2021-07-21	51	LETTER addressed to Judge Analisa Torres from Anna Diakun dated July 21, 2021 re: Notice of Supplemental Authority. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit 1).(Diakun, Anna) (Entered: 07/21/2021)
2021-09-01	52	MOTION for Jennifer Pinsof to Withdraw as Attorney . Document filed by Knight First Amendment Institute at Columbia University..(Pinsof, Jennifer) (Entered: 09/01/2021)
2021-09-01	53	MEMO ENDORSED ORDER granting 52 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Jennifer Pinsof terminated. (Signed by Judge Analisa Torres on 9/1/2021) (va) (Entered: 09/01/2021)
2021-09-17	54	ORDER granting in part and denying in part 38 Motion for Partial Summary Judgment; denying without prejudice 32 Motion for Summary Judgment. For the reasons stated above, Defendants' motion for summary judgment is DENIED without prejudice and Plaintiff's cross-motion is GRANTED in part and DENIED in part without prejudice. Specifically, 1) The CDC shall conduct a new search for documents responsive to requests one and two, pursuant to this opinion. By October 8, 2021, the parties shall meet and confer and engage in a good faith effort to agree to search terms, initial custodians for the search, and a reasonable timeline for Defendants' production. The parties shall also confer on a search for items responsive to the Court's June 4 order, as discussed in § III.B.2. If the parties cannot reach agreement, they shall file a joint submission setting forth their respective positions within seven days of their meeting. 2) By September 24, 2021, Defendants shall release to Plaintiff un-redacted versions Documents 9, 10, 11, 27, and 28. Defendants may apply other exemptions, where warranted. 3) By October 1, 2021, Defendants shall produce Document 12 to Plaintiff with all segregable factual material un-redacted, pursuant to this opinion; 4) By October 8, 2021, Defendants shall submit Document 12 to the Court under seal for in camera review, along with an affidavit or revised Vaughn Index describing whether it, or any iteration of the document, was ever operative, pursuant to this opinion. After completing the productions described above, the parties may renew their motions for summary judgment. The Clerk of Court is directed to terminate the motions at ECF Nos. 32 and 38. SO ORDERED.. (Signed by Judge Analisa Torres on 9/17/2021) (kv) (Entered: 09/17/2021)
2021-09-20	55	LETTER MOTION to Stay re: 54 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,,,,,,,,,,,,,, the Court's disclosure rulings to allow time to determine whether to appeal addressed to Judge Analisa Torres from Natasha W. Teleanu dated 9/20/2021. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 09/20/2021)
2021-09-21	56	LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Anna Diakun dated September 21, 2021 re: 55 LETTER MOTION to Stay re: 54 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,,,,,,,,,,,,,, the Court's disclosure rulings to allow time to determine whether to appeal addressed to Judge Analisa . Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 09/21/2021)
2021-09-22	57	ORDER granting 55 Letter Motion to Stay re: 55 LETTER MOTION to Stay re: 54 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, the Court's disclosure rulings to allow time to determine whether to appeal addressed to Judge Analisa. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 9/22/2021) (kv) (Entered: 09/22/2021)
2021-10-08	58	LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu dated October 8, 2021 re: submission of declaration of Michelle Bonds pursuant to the Court's September 17, 2021 Order (ECF No. 54). Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Supplement Declaration of Michelle Bonds).(Teleanu, Natasha) (Entered: 10/08/2021)
2021-10-08	59	***EX-PARTE*** LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu dated October 8, 2021 re: submission of Document 12 for in camera review. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Supplement Document 12)Motion or Order to File Under Seal: 54 .(Teleanu, Natasha) (Entered: 10/08/2021)
2021-10-14	60	LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Natasha W. Teleanu dated 10/14/2021. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 10/14/2021)
2021-10-14	61	ORDER granting 60 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/14/2021) (vfr) (Entered: 10/14/2021)
2021-10-21	62	LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Anna Diakun dated October 21, 2021. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 10/21/2021)
2021-10-22	63	ORDER granting 62 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 10/22/2021) (kv) (Entered: 10/22/2021)
2021-11-04	64	LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Anna Diakun dated November 4, 2021. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 11/04/2021)
2021-11-05	65	ORDER granting 64 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 11/5/2021) (kv) (Entered: 11/05/2021)
2021-11-10	66	LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Natasha W. Teleanu dated November 10, 2021. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 11/10/2021)
2021-11-12	67	ORDER granting 66 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 11/12/2021) (kv) (Entered: 11/12/2021)
2021-11-23	68	LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Anna Diakun dated November 23, 2021. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 11/23/2021)
2021-11-23	69	ORDER granting 68 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 11/23/2021) (kv) (Entered: 11/23/2021)
2021-12-02	70	JOINT LETTER MOTION for Extension of Time to file joint submission regarding CDC's new search addressed to Judge Analisa Torres from Natasha W. Teleanu dated December 2, 2021. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 12/02/2021)
2021-12-03	71	ORDER granting 70 Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 12/3/2021) (kv) (Entered: 12/03/2021)
2021-12-08	72	MOTION re: joint submission regarding the parties' positions on CDC's new search . Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Affidavit Declaration of Roger Andoh, # 2 Exhibit Exhibit to Declaration of Roger Andoh).(Teleanu, Natasha) (Entered: 12/08/2021)
2021-12-08	73	DECLARATION of Anna Diakun in Support re: 72 MOTION re: joint submission regarding the parties' positions on CDC's new search .. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Diakun, Anna) (Entered: 12/08/2021)
2021-12-13	74	ORDER: On October 8, 2021, Defendants submitted Document 12 under seal for in camera review along with an affidavit describing whether it, or any iteration of the document, was ever operative, ECF Nos. 58, 59, pursuant to the Court's order dated September 17, 2021, ECF No. 54. The Court has reviewed Defendants' submissions. By December 17, 2021, Defendants shall provide a revised supplemental affidavit explaining the particular harm, if any, that would arise from the production of Document 12, see 5 U.S.C. § 552(a)(8)(A). SO ORDERED. (Signed by Judge Analisa Torres on 12/13/2021) (tg) (Entered: 12/13/2021)
2021-12-16	75	LETTER addressed to Judge Analisa Torres from Anna Diakun dated December 16, 2021 re: Notice of Supplemental Authority. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A).(Diakun, Anna) (Entered: 12/16/2021)
2021-12-17	76	DECLARATION of Jamila H. Jones in Support re: 32 MOTION for Summary Judgment .. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit A).(Teleanu, Natasha) (Entered: 12/17/2021)
2021-12-27	77	ORDER re: 76 Declaration in Support of Motion, filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, 73 Declaration in Support of Motion, filed by Knight First Amendment Institute at Columbia University. Accordingly, by January 14, 2022, the parties shall inform the Court whether they intend to file renewed motions for summary judgment on the outstanding issues. SO ORDERED. (Signed by Judge Analisa Torres on 12/27/2021) (kv) (Entered: 12/27/2021)
2022-01-12	78	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun dated January 12, 2022 re: The Court's December 27, 2021 Order (ECF No. 77). Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 01/12/2022)
2022-02-07		Magistrate Judge Jennifer Willis is so redesignated. (wb) (Entered: 02/07/2022)
2022-09-09	79	ORDER denying 72 Motion for re: joint submission regarding the parties' positions on CDC's new search re: 72 MOTION re: joint submission regarding the parties' positions on CDC's new search . For the reasons stated above, the Court REJECTS both parties proposals. By September 30, 2022, the parties shall again meet and confer and engage in a good faith effort to agree to search terms, initial custodians for the search, and a reasonable timeline for the CDC's production. If the parties cannot reach an agreement, they shall file a joint submission setting forth their respective positions within seven days of their meeting. SO ORDERED.. (Signed by Judge Analisa Torres on 9/9/2022) (kv) (Entered: 09/09/2022)
2022-10-07	80	JOINT LETTER MOTION for Extension of Time to file joint submission regarding CDC's processing schedule addressed to Judge Analisa Torres from Anna Diakun dated October 7, 2022. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Appendix New Searches).(Diakun, Anna) (Entered: 10/07/2022)
2022-10-11	81	ORDER granting 80 Letter Motion for Extension of Time. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 10/11/2022) (kv) (Entered: 10/11/2022)
2022-10-20	82	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun dated October 20, 2022 re: Processing Rate and Production Schedule. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 10/20/2022)
2022-10-20	83	NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 10/20/2022)
2022-10-20	84	LETTER MOTION to Substitute Attorney. Old Attorney: Natasha Waglow Teleanu, New Attorney: Lucas Estlund Issacharoff addressed to Judge Analisa Torres from Natasha W. Teleanu dated October 20, 2022. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Teleanu, Natasha) (Entered: 10/20/2022)
2022-10-26	85	ORDER: granting 84 Letter Motion to Substitute Attorney. Granted. SO ORDERED. Attorney Natasha Waglow Teleanu terminated. (Signed by Judge Analisa Torres on 10/26/2022) (ama) (Entered: 10/26/2022)
2022-10-26	86	MEMO ENDORSEMENT on re: 82 Letter filed by Knight First Amendment Institute at Columbia University. ENDORSEMENT: The parties shall provide the Court with a joint status report by January 25, 2023. (Signed by Judge Analisa Torres on 10/26/2022) (tro) (Entered: 10/26/2022)
2023-01-24	87	JOINT LETTER addressed to Judge Analisa Torres from Lucas Issacharoff dated 1/24/2023 re: Status. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 01/24/2023)
2023-01-25	88	MEMO ENDORSEMENT on re: 87 Letter filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. ENDORSEMENT: By March 24, 2023, the parties shall provide the Court with a joint status report. SO ORDERED. (Signed by Judge Analisa Torres on 1/25/2023) (kv) (Entered: 01/25/2023)
2023-03-24	89	JOINT LETTER addressed to Judge Analisa Torres from Lucas Issacharoff dated 3/24/2023 re: Status. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 03/24/2023)
2023-03-27	90	MEMO ENDORSEMENT on re: 89 Letter filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services ENDORSEMENT: By May 24, 2023, the parties shall provide the Court with a joint status report. (Signed by Judge Analisa Torres on 3/27/2023) (ks) (Entered: 03/27/2023)
2023-05-24	91	JOINT LETTER from Lucas Issacharoff dated 5/24/2023 re: Status. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 05/24/2023)
2023-05-25	92	MEMO ENDORSEMENT on re: 91 Letter filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. ENDORSEMENT: By July 24, 2023, the parties shall submit a joint status update. (Signed by Judge Analisa Torres on 5/25/2023) (tro) (Entered: 05/25/2023)
2023-07-19	93	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun dated 07/19/2023 re: Status. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 07/19/2023)
2023-07-19	94	MEMO ENDORSEMENT on re: 93 Letter filed by Knight First Amendment Institute at Columbia University. ENDORSEMENT: SO ORDERED. (Signed by Judge Analisa Torres on 7/19/2023) (tg) (Entered: 07/19/2023)
2023-09-25	95	JOINT LETTER addressed to Judge Analisa Torres from Lucas Issacharoff dated 9/25/2023 re: Status. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 09/25/2023)
2023-09-26	96	MEMO ENDORSEMENT on re: 95 Letter filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services ENDORSEMENT GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 9/26/2023) (jca) (Entered: 09/26/2023)
2023-10-25	97	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun dated 10/25/2023 re: Status Update. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 10/25/2023)
2023-10-26	98	MEMO ENDORSEMENT on re: 97 Letter filed by Knight First Amendment Institute at Columbia University ENDORSEMENT GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 10/26/2023) (jca) (Entered: 10/26/2023)
2023-12-11	99	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun dated December 11, 2023 re: Status Update. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 12/11/2023)
2023-12-12	100	MEMO ENDORSEMENT on re: 99 Letter filed by Knight First Amendment Institute at Columbia University ENDORSEMENT GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 12/12/2023) (jca) (Entered: 12/12/2023)
2024-02-09	101	JOINT LETTER addressed to Judge Analisa Torres from Lucas Issacharoff dated 2/9/2024 re: Status. Document filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services..(Issacharoff, Lucas) (Entered: 02/09/2024)
2024-02-12	102	MEMO ENDORSEMENT: on re: 101 Letter filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Analisa Torres on 2/12/2024) (ama) (Entered: 02/12/2024)
2024-04-08	103	JOINT LETTER addressed to Judge Analisa Torres from Anna Diakun dated April 8, 2024 re: Status. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/08/2024)
2024-04-09	104	MEMO ENDORSEMENT on re: 103 Letter filed by Knight First Amendment Institute at Columbia University. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 4/9/2024) (ate) (Entered: 04/09/2024)
2024-04-19	105	PROPOSED STIPULATION AND ORDER. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/19/2024)
2024-04-23	106	STIPULATION AND ORDER OF DISMISSAL... IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: After the Court has approved and docketed this Stipulation and Order, Counsel for Plaintiff will provide the necessary information for CDC to effectuate payment. As soon as reasonably practicable after Plaintiff's provision of necessary information to effectuate payment, CDC shall pay to Plaintiff via electronic funds transfer the sum of ONE HUNDRED AND THIRTY FIVE THOUSAND FOUR HUNDRED DOLLARS ($135,400) in attorneys' fees andlitigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum, Plaintiff agrees, will upon receipt completely satisfy any and all claims by Plaintiff against the United States, or any department, agency, officer, or employee of CDC, HHS, and/or the United States, arising out of the FOIA request at issue in this action, including for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in Paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. This Stipulation and Order shall not constitute an admission of liability or fault on the part of CDC, HHS, or the United States or their agents, servants, or employees, and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. The parties agree that this Stipulation and Order is non-precedential with respect to any other proceeding against CDC, HHS, the United States, or any agency or instrumentality ofthe United States.SO ORDERED. (Signed by Judge Analisa Torres on 4/22/24) (yv) (Entered: 04/23/2024)
Hide Docket Events