Skip to content

Case Detail

[Subscribe to updates]
Case TitleInformed Consent Action Network v. National Institutes of Health
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2020cv01277
Date Filed2020-06-29
Date Closed2024-05-29
JudgeJudge John J Tuchi
PlaintiffInformed Consent Action Network
Case DescriptionInformed Consent Action Network submitted FOIA requests to the National Institute of Health for records concerning government ownership of any potential COVID-19 vaccine. Informed Consent Action Network also requested expedited processing. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of its requests, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantNational Institutes of Health
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [35]
FOIA Project Annotation: A federal court in Arizona has ruled that NIH failed to show that patient records concerning the Phase I clinical trial of the Moderna vaccine for COVID-19 are protected by Exemption 6 (invasion of privacy) in response to a request from the Informed Consent Action Network. After searching the National Institute of Allergy and Infectious Disease's Division of Microbiology and Infectious Diseases database, the agency located a 1,093-page study responsive to the request. Moderna asked the NIH to withhold the entire study under Exemption 4. Moderna subsequently informed NIH that it could release the Safety Report with redactions. NIH redacted patient identifying information under Exemption 6 and then disclosed the redacted study to ICAN. NIH withheld patient information, including adverse events, which are defined as "any untoward medical occurrence associated with the use of an intervention in humans, whether or not considered intervention-related." NIH argued that the patients' Adverse Event data should be redacted because "it is a patient's medical diagnosis pulled directly from the patient's medical record." Judge John Tuchi explained that "the Court agrees that this information when connected with an identifiable individual, likely implicates a privacy interest warranting redaction pursuant to Exemption 6. However, there is no evidence, nor does NIH contend, that the Adverse Event data can be linked to any of the patients who participated in the Phase I trial." NIH relied on the HIPAA Privacy Rule and a report from TransCelerate Biopharma suggesting that adverse events data is an identifier typically collected in clinical trials. Tuchi rejected NIH's justification, noting that "importantly, however, NIH never contends that including a patient's Adverse Event data will increase the risk of identifying the patient. Rather, it cites to the HIPAA Privacy Rule and TransCelerate report to illustrate that the Adverse Event data is information 'concerning [a patient's] personal matters. . .typically treated as private information.' But unless this data is tied to personally identifying information, it does not warrant redaction pursuant to Exemption 6. Notably, NIH fails to cite a single case where the Court upheld the redaction of information where there was no risk that individuals would be personally identified." NIH also argued there was no public interest in disclosure. Tuchi disagreed, noting that "NIAID funded and led the development of mRNA-1273 and sponsored the Phase I trial. Reviewing this data will allow the public to better understand NIH's actions and bases for its decisions." NIH also argued that some of the data had already been made public in other portions of the report. But Tuchi observed that "however, the unredacted data provides substantially less information than the redacted information. . .Where there was a greater individual privacy interest, the unredacted version of the Adverse Event data may have sufficed. However, because of the de minimis privacy interest, the public interest in seeing the full data outweighs any individual privacy concerns." NIH also withheld age data. Tuchi, however, pointed out that "NIH simply concludes that because there were only 85 patients, publicizing their age will lead to their identification. The Court is skeptical that age alone could identify an individual without more information." He noted that "the Report lists the unredacted age data in broad numerical ranges such as '18-55,' and '56-70.' These ranges do not provide the same information as the specific ages of the trial participants. Because the privacy interest in the Age data is trivial and there is a public interest, the Court finds that the redactions are improper."
Issues: Exemption 6 - Invasion of privacy
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-291COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18424115 filed by Informed Consent Action Network. (Siri, Aaron) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(MYE) (Entered: 06/29/2020)
2020-06-292Corporate Disclosure Statement by Informed Consent Action Network. (Siri, Aaron) (MYE) (Entered: 06/29/2020)
2020-06-293SUMMONS Submitted by Informed Consent Action Network. (Siri, Aaron) (MYE) (Entered: 06/29/2020)
2020-06-294Filing fee paid, receipt number 0970-18424115. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-20-1277-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) (Entered: 06/29/2020)
2020-06-295Summons Issued as to National Institutes of Health. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/29/2020)
2020-06-296NOTICE TO FILER OF DEFICIENCY re: Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE) (Entered: 06/29/2020)
2020-06-297ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12 (b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order on Defendants. (See attached Order). Signed by Judge John J Tuchi on 6/29/2020. (JAMA) (Entered: 06/29/2020)
2020-06-298ORDER: IT IS HEREBY ORDERED directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on September 29, 2020. (See attached Order). Signed by Judge John J Tuchi on 6/29/2020. (JAMA) (Entered: 06/29/2020)
2020-07-16Remark: Pro hac vice motion(s) granted for Elizabeth A Brehm on behalf of Plaintiff Informed Consent Action Network. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 07/16/2020)
2020-08-079SERVICE EXECUTED filed by Informed Consent Action Network: Declaration of Service re: Summons, Order, Complaint for Declaratory and Injunctive Relief, Exhibits A-R, Civil Cover Sheet, Corporate Disclosure Statement, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction upon Michael Bailey, United States Attorney for the District of Arizona, for Defendant National Institutes of Health on July 9, 2020. (Siri, Aaron) (Entered: 08/07/2020)
2020-08-0710SERVICE EXECUTED filed by Informed Consent Action Network: Declaration of Service re: Complaint for Declaratory Judgment and Injunctive Relief, Exhibits A-R, Civil Cover Sheet, Corporate Disclosure Statement, Summons in a Civil Action to the National Institutes of Health, June 29, 2020 Order Regarding Motions to Dismiss and Motions to Strike, and Notice of Availability of Magistrate Judge to Exercise Jurisdiction via Certified Mail upon United States Attorney General William Barr on July 10, 2020. (Siri, Aaron) (Entered: 08/07/2020)
2020-08-1011ANSWER to 1 Complaint by National Institutes of Health.(Morrison, Kristina) (Entered: 08/10/2020)
2020-08-1712ORDER: Scheduling Conference set for 10/1/2020 at 09:00 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi. The parties shall submit their joint proposed case management plan not less than seven (7) days before the Scheduling Conference. (See attached Order for additional details). Signed by Judge John J Tuchi on 8/17/2020. (JAMA) (Entered: 08/17/2020)
2020-09-2313SERVICE EXECUTED filed by Informed Consent Action Network: Declaration of Service re: Complaint for Declaratory Judgment and Injunctive Relief; Exhibits A-R; Civil Cover Sheet; Corporate Disclosure Statement; Summons in a Civil Action to the National Institutes of Health; June 29, 2020 Order Regarding Motions to Dismiss and Motions to Strike; and Notice of Availability of Magistrate Judge to Exercise Jurisdiction form upon United States Department of Health and Human Services General Counsel for the National Institutes of Health on September 16, 2020. (Siri, Aaron) (Entered: 09/23/2020)
2020-09-2314REPORT of Rule 26(f) Planning Meeting by National Institutes of Health. (Morrison, Kristina) (Entered: 09/23/2020)
2020-09-2815ORDER: IT IS ORDERED vacating the Rule 16 Scheduling Conference currently set for Thursday, October 1, 2020 at 9:00 AM. Defendant's Motion for Summary Judgment is due October 30, 2020. (See attached Order for additional deadlines). Signed by Judge John J Tuchi on 9/28/2020. (JAMA) (Entered: 09/28/2020)
2020-10-2716Joint MOTION for Extension of Time re: Briefing Deadlines (First Request) by National Institutes of Health. (Attachments: # 1 Text of Proposed Order)(Morrison, Kristina) (Entered: 10/27/2020)
2020-11-0217ORDER: IT IS HEREBY ORDERED granting the Joint Motion to Extend Briefing Deadlines (First Request) (Doc. 16 ). Government's Motion for Summary Judgment is due 11/20/2020. (See attached Order for additional deadlines). Signed by Judge John J Tuchi on 11/2/2020. (JAMA) (Entered: 11/02/2020)
2020-11-2018* MOTION for Summary Judgment by National Institutes of Health. (Morrison, Kristina) *Modified to correct event; attorney noticed on 11/23/2020 (SLQ). (Entered: 11/20/2020)
2020-11-2019STATEMENT OF FACTS re: 18 MOTION for Partial Summary Judgment by Defendant National Institutes of Health. (Attachments: # 1 Exhibit List, # 2 Exhibit 1, # 3 Exhibit 1, Attachment A, # 4 Exhibit 1, Attachment B, # 5 Exhibit 1, Attachment C, # 6 Exhibit 1, Attachment D, # 7 Exhibit 1, Attachment E, # 8 Exhibit 1, Attachment F (Part 1 of 8), # 9 Exhibit 1, Attachment F (Part 2 of 8), # 10 Exhibit 1, Attachment F (Part 3 of 8))(Morrison, Kristina) (Entered: 11/20/2020)
2020-11-2020Additional Attachments to Main Document re: 19 Statement of Facts Exhibit 1, Attachment F (Part 4 of 8) by Defendant National Institutes of Health. (Attachments: # 1 Exhibit 1, Attachment F (Part 5 of 8), # 2 Exhibit 1, Attachment F (Part 6 of 8), # 3 Exhibit 1, Attachment F (Part 7 of 8), # 4 Exhibit 1, Attachment F (Part 8 of 8), # 5 Exhibit 1, Attachment G, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit 4)(Morrison, Kristina) (Entered: 11/20/2020)
2020-12-1121*RESPONSE to Motion re: 18 Motion for Summary Judgment, Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 by Informed Consent Action Network. (Brehm, Elizabeth) *Modified to add response to motion event on 12/14/2020 (EJA). (Entered: 12/11/2020)
2020-12-1122DECLARATION of Elizabeth A. Brehm re: 21 Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 by Plaintiff Informed Consent Action Network. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brehm, Elizabeth) (Entered: 12/11/2020)
2020-12-1123STATEMENT OF FACTS re: 21 Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 / Plaintiff's Controverting Statement of Facts in Opposition to Defendant's Motion for Summary Judgment and Separate Statement of Material Facts in Support of its Cross-Motion for Summary Judgment by Plaintiff Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 12/11/2020)
2020-12-1124NOTICE re: Notice of Cross-Motion for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment by Informed Consent Action Network re: 21 Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 . (Brehm, Elizabeth) (Entered: 12/11/2020)
2020-12-1425NOTICE TO FILER OF DEFICIENCY re: 21 Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 filed by Informed Consent Action Network, 22 Declaration filed by Informed Consent Action Network, 23 Statement of Facts filed by Informed Consent Action Network, 24 Notice (Other) filed by Informed Consent Action Network, Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) (Entered: 12/14/2020)
2021-01-0826* RESPONSE to Motion re: 21 Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 and REPLY in Support of Motion for Summary Judgment re: 18 Motion for Summar Judgment filed by National Institutes of Health. (Morrison, Kristina) * Modified to correct event; attorney noticed on 1/11/2021 (LAD). (Entered: 01/08/2021)
2021-01-0827RESPONSE re: 23 Statement of Facts and CONTROVERTING STATEMENT OF FACTS in support of opposition to Plaintiff's Cross-Motion for Summary Judgment by Defendant National Institutes of Health. (Attachments: # 1 Attachment List, # 2 Att. A: Roberts Decl., # 3 Att. B: Articles of Immunogenicity, # 4 Att. C: Beigel Decl., # 5 Att. D: NEJM Article on Phase III Data, # 6 Att. E: FDA Phase III Report, # 7 Att. F: Cover Letter to Final Production, Nov. 20, 2020)(Morrison, Kristina) (Entered: 01/08/2021)
2021-01-2928REPLY to Response to Motion re: 21 Cross MOTION for Summary Judgment / Plaintiff's Opposition to and Cross-Motion for Summary Judgment as to Request 54464 filed by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 01/29/2021)
2021-03-2429NOTICE re: Letter to Judge by Informed Consent Action Network regarding Motion for Summary Judgment . (Brehm, Elizabeth) (Entered: 03/24/2021)
2021-03-2630RESPONSE re: 29 Notice (Other) by Defendant National Institutes of Health. (Morrison, Kristina) (Entered: 03/26/2021)
2021-03-2931ORDER: IT IS ORDERED that Defendant shall file a supplemental response to the Plaintiff's Letter (Doc. 29 ) of no more than five pages within 14 days of the date of this Order. (See attached Order). Signed by Judge John J Tuchi on 3/29/2021. (JAMA) (Entered: 03/29/2021)
2021-04-0632RESPONSE re: 29 Notice (Other) Plaintiff's Letter to the Court by Defendant National Institutes of Health. (Morrison, Kristina) (Entered: 04/06/2021)
2021-05-2633*(VACATED per doc. 33 )*NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to National Institutes of Health. (JAMA) Modified on 5/27/2021 (JAMA). (Entered: 05/26/2021)
2021-05-2734ORDER: IT IS ORDERED vacating the request for Corporate Disclosure Statement filed at doc. 33 . Statement is not required. Ordered by Judge John J Tuchi on 5/27/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 05/27/2021)
2021-06-2435ORDER - IT IS ORDERED granting in part and denying in part NIH's Motion for Summary Judgment (Doc. 18 ). NIH is entitled to summary judgment regarding ICAN's claim regarding the adequacy of its search. IT IS FURTHER ORDERED granting in part and denying in part ICAN's Cross-Motion for Summary Judgment (Doc. 21 ). ICAN is entitled to summary judgment regarding the redactions pursuant to Exemption 6. IT IS FURTHER ORDERED that NIH shall remove the redactions at issue and produce the Safety Report to ICAN within three weeks of this Court's Order. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment accordingly and close this matter. Signed by Judge John J Tuchi on 6/24/21. (SMH) (Entered: 06/24/2021)
2021-06-2436CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed June 24, 2021, granting in part and denying in part NIH's Motion for Summary Judgment. NIH is entitled to summary judgment regarding ICAN's claim regarding the adequacy of its search. IT IS FURTHER ORDERED granting in part and denying in part ICAN's Cross-Motion for Summary Judgment. ICAN is entitled to summary judgment regarding the redactions pursuant to Exemption 6. This matter is hereby terminated. (SMH) (Entered: 06/24/2021)
2021-06-2837MOTION to Reopen Case Pursuant to Fed. R. Civ. P. 60(b) by Informed Consent Action Network. (Brehm, Elizabeth) (Entered: 06/28/2021)
2021-07-0638ORDER - IT IS ORDERED granting the Motion to Reopen Pursuant to Fed. R. Civ. P. 60(b) (Doc. 37 ). The Clerk of Court shall reopen this matter. IT IS FURTHER ORDERED setting this matter for a telephonic status conference at 10:00 AM on July 15, 2021, in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail dial-in instructions to counsel. (See document for further details). Signed by Judge John J Tuchi on 7/6/2021. (LAD) (Entered: 07/06/2021)
2021-07-1539MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 7/15/2021. Discussion held. Parties provide status of case. APPEARANCES: Telephonic appearance by Elizabeth Brehm and Aaron Siri for Plaintiff. Telephonic appearance by Kristina Morrison for Defendant. (Court Reporter Elaine Cropper.) Hearing held 10:01 AM to 12:20 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 07/15/2021)
2021-08-2440TRANSCRIPT REQUEST by National Institutes of Health for proceedings held on July 15, 2021, Judge John J Tuchi hearing judge(s). (Morrison, Kristina) (Entered: 08/24/2021)
2021-08-2441TRANSCRIPT REQUEST by Informed Consent Action Network for proceedings held on July 15, 2021, Judge John J Tuchi hearing judge(s). (Brehm, Elizabeth) (Entered: 08/24/2021)
2021-08-2442NOTICE TO FILER OF DEFICIENCY re: AO435 41 Transcript Request filed by Informed Consent Action Network. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) (Entered: 08/24/2021)
2021-08-2443AMENDED TRANSCRIPT REQUEST pursuant to 42 Notice of Deficiency by Informed Consent Action Network for proceedings held on July 15, 2021, Judge John J Tuchi hearing judge(s). (Brehm, Elizabeth) (Entered: 08/24/2021)
2021-08-2544NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE proceedings held on 07/15/2021, before Judge JOHN J. TUCHI. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/2/2021. (RAP) *Modified to correct date filed to match court reporter delivery date on 9/3/2021 (RAP). (Entered: 09/03/2021)
2021-09-2145ORDER: IT IS HEREBY ORDERED that the parties shall jointly file a proposed dispositive motion schedule by October 12, 2021. Signed by Judge John J Tuchi on 9/21/2021. (JAMA) (Entered: 09/21/2021)
2021-10-0646NOTICE re: Plaintiff and Defendant's Proposed Briefing Schedules by National Institutes of Health re: 45 Order, Set Deadlines . (Attachments: # 1 Exhibit/Attachment Index, # 2 ICAN Exh. 1, # 3 ICAN Exh. 2, # 4 NIH Att. A, # 5 NIH Att. B, # 6 NIH Att. C, # 7 NIH Att. D)(Morrison, Kristina) (Entered: 10/06/2021)
2021-11-1647ORDER - IT IS ORDERED directing the parties to meet and confer, and file a Joint Notice of that conferral as set forth above, no later than November 30, 2021. IT IS FURTHER ORDERED that Defendant shall procure and file the declaration as set forth above by November 30, 2021. Plaintiff shall file any response thereto no later than December 7, 2021. After receipt and consideration of the above materials, the Court will set a hearing to discuss and set a briefing schedule for the single interim dispositive motion round. See attached Order for complete details. Signed by Judge John J Tuchi on 11/16/21. (SMH) (Entered: 11/16/2021)
2021-11-3048NOTICE re: Conferral (Joint) by National Institutes of Health . (Attachments: # 1 Attachment A)(Morrison, Kristina) (Entered: 11/30/2021)
2021-12-07Remark: Pro hac vice motion(s) granted for Gabrielle G Palmer on behalf of Plaintiff Informed Consent Action Network. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 12/07/2021)
2021-12-0749*RESPONSE to 48 Declaration of Gorka Garcia-Malene by Plaintiff Informed Consent Action Network. (Siri, Aaron) Modified to include linkage on 12/8/2021. (SMH) (Entered: 12/07/2021)
2021-12-0950ORDER: IT IS ORDERED that Defendant shall provide, no later than Wednesday, December 15, 2021, any Supplemental Declaration. IT IS FURTHER ORDERED that Plaintiff shall file any response to the Supplemental Declaration, totaling no more than two pages as the Garcia-Malene Declaration already has partially addressed the topic, by December 22, 2021. There shall be no right of reply. (See attached Order for details). Signed by Judge John J Tuchi on 12/9/2021. (JAMA) (Entered: 12/09/2021)
2021-12-1551DECLARATION of Gorka Garcia-Malene (Supplemental) pursuant to Order Doc. 50 by Defendant National Institutes of Health. (Attachments: # 1 Attachment A: Declaration)(Morrison, Kristina) (Entered: 12/15/2021)
2021-12-2252*RESPONSE re: 51 Declaration of Gorka Garcia-Malene (Supplemental) pursuant to Order Doc. 50 by Plaintiff Informed Consent Action Network. (Siri, Aaron) *Document not in compliance with Local Rule, attorney noticed on 12/22/2021 (LAD). (Entered: 12/22/2021)
2022-01-0353ORDER that Defendant shall complete its production associated with Plaintiff's Request # 54107 uninterrupted at its current pace of at least 300 pages per month. Defendant shall notify Plaintiff when it is within four months of completing that production and the parties shall jointly notify the Court with a proposed briefing schedule at that point, with dispositive briefing to encompass issues surrounding the adequacy of responses to Request # 54107 and, if any issues exist, regarding Requests # 54106 and 53963. A complete Vaughn index shall accompany the final rolling production response for Request #54107. IT IS FURTHER ORDERED imposing a 30-day moratorium on commencement of processing the remaining requests at issue in this matter after completion of the production of response to Request # 54107. IT IS FURTHER ORDERED that Plaintiff may submit to Defendant, at any time up to 120 days before the completion of Defendant's response to Request # 54107, its preferred order for processing of the remaining five requests, which Defendant shall abide absent further Order of this Court. IT IS FURTHER ORDERED that Defendant shall notify Plaintiff when it is within three months of completing the production of responses to the final request and the parties shall jointly notify the Court with a proposed briefing schedule at that point, with dispositive briefing to encompass issues surrounding the adequacy of responses to the final five outstanding requests. A complete Vaughn index shall accompany the final rolling production response for those requests. See document for complete details. Signed by Judge John J Tuchi on 1/3/2022. (WLP) (Entered: 01/03/2022)
2022-04-2954MOTION to Withdraw as Attorney Gabrielle Palmer by Informed Consent Action Network. (Attachments: # 1 Proposed Order)(Brehm, Elizabeth) (Entered: 04/29/2022)
2022-05-0255ORDER: IT IS ORDERED granting Plaintiff's Motion for Withdrawal of Attorney (Doc. 54 ). Signed by Judge John J Tuchi on 5/2/2022. (JAMA) (Entered: 05/02/2022)
2022-07-1456ORDER: IT IS HEREBY ORDERED that the parties shall file a joint status report regarding this matter by July 22, 2022. (See attached Order). Signed by Judge John J Tuchi on 7/14/2022. (JAMA) (Entered: 07/14/2022)
2022-07-1557First MOTION for Extension of Time to file Joint Status Report (Unopposed) by National Institutes of Health. (Attachments: # 1 Proposed Order)(Lantka, Peter) (Entered: 07/15/2022)
2022-07-1858ORDER: IT IS HEREBY ORDERED granting Defendant's Unopposed Motion to Extend Joint Status Report Deadline (Doc. 57 ). IT IS FURTHER ORDERED extending the deadline for the parties to file a Joint Status Report to Friday, August 5, 2022. Signed by Judge John J Tuchi on 7/18/2022. (JAMA) (Entered: 07/18/2022)
2022-08-0459*JOINT STATUS REPORT by National Institutes of Health. (Morrison, Kristina) *Modified docket text to add joint on 8/5/2022. (SMH) (Entered: 08/04/2022)
2022-08-0960NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Elizabeth A Brehm. (Brehm, Elizabeth) (Entered: 08/09/2022)
2022-08-1961NOTICE OF ATTORNEY SUBSTITUTION: William C. Staes appearing for National Institutes of Health. Attorney Kristina Louise Morrison terminated. . (Staes, William) (Entered: 08/19/2022)
2024-04-1662NOTICE OF ATTORNEY SUBSTITUTION: Brock Heathcotte appearing for National Institutes of Health. Attorney Peter Michael Lantka and William Charles Staes terminated. . (Heathcotte, Brock) (Entered: 04/16/2024)
2024-04-1663NOTICE OF ATTORNEY APPEARANCE: Dina Anagnopoulos appearing for National Institutes of Health. . (Anagnopoulos, Constance) (Entered: 04/16/2024)
2024-05-2064STATUS REPORT (Joint) by National Institutes of Health. (Heathcotte, Brock) (Entered: 05/20/2024)
2024-05-2965ORDER adopting the process of providing documents as described in the Status Report 64 . IT IS FURTHER ORDERED that the parties shall file another status report on October 1, 2025. IT IS FURTHER ORDERED directing the Clerk of Court to administratively close the instant matter. If the parties require further assistance from the Court, they may move this Court to reopen this matter. Signed by Judge John J Tuchi on 5/29/2024. (KLG) (Entered: 05/29/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar