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Case TitlePUBLIC CITIZEN v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv02949
Date Filed2020-10-15
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffPUBLIC CITIZEN
Case DescriptionPublic Citizen submitted two FOIA requests to the National Institute of Health. The first request was for records concerning the Accelerated COVID-19 Therapeutics Interventions and Vaccines (ACTIV) partnership. Public Citizen also requested a fee waiver. The second request was for records concerning Operation Warp Speed. Public Citizen requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agency asked Public Citizen to narrow the scope of its requests. Public Citizen did so but after hearing nothing further from the agency, Public Citizen filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTES OF HEALTH
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES
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

2020-10-151COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH ( Filing fee $ 400 receipt number ADCDC-7715739) filed by PUBLIC CITIZEN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Rosenbaum, Adina) (Entered: 10/15/2020)
2020-10-152LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN (Rosenbaum, Adina) (Entered: 10/15/2020)
2020-10-15Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 10/15/2020)
2020-10-153SUMMONS (4) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/15/2020)
2020-11-204RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/5/2020. Answer due for ALL FEDERAL DEFENDANTS by 12/5/2020. (Rosenbaum, Adina) (Entered: 11/20/2020)
2020-11-205RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/5/2020. (Rosenbaum, Adina) (Entered: 11/20/2020)
2020-12-076ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH.(Brudy-Everett, Kristin) (Entered: 12/07/2020)
2020-12-087ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before December 22, 2020. The Joint Status Report shall include (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion to stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/08/2020. (lcapm1) (Entered: 12/08/2020)
2020-12-08Set/Reset Deadlines: Joint Status Report due by 12/22/2020. (zjd) (Entered: 12/08/2020)
2020-12-228Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Brudy-Everett, Kristin) (Entered: 12/22/2020)
2020-12-22MINUTE ORDER. The parties shall file an additional Joint Status Report by January 22, 2021. By that time, Defendants shall endeavor in good faith to estimate the number of responsive documents (including, if appropriate, after meeting and conferring with Plaintiff to refine or narrow the search requests) and to propose a production schedule. The parties shall also report on any productions of responsive records. Signed by Judge Amit P. Mehta on 12/22/2020. (lcapm1) (Entered: 12/22/2020)
2020-12-22Set/Reset Deadlines: Joint Status Report due by 1/22/2021. (zjd) (Entered: 12/30/2020)
2020-12-239NOTICE of Appearance by Michael T. Kirkpatrick on behalf of PUBLIC CITIZEN (Kirkpatrick, Michael) (Entered: 12/23/2020)
2021-01-2210Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 01/22/2021)
2021-01-22MINUTE ORDER. The parties shall file an additional Joint Status Report by February 22, 2021, that addresses their progress on search protocols, searches, and production of responsive records. Signed by Judge Amit P. Mehta on 1/22/2021. (lcapm1) (Entered: 01/22/2021)
2021-02-2211Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 02/22/2021)
2021-02-23MINUTE ORDER. The parties shall file an additional Joint Status Report by March 23, 2021, that addresses their progress on search protocols, searches, and production of responsive records. Signed by Judge Amit P. Mehta on 2/23/2021. (lcapm1) (Entered: 02/23/2021)
2021-03-2312Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 03/23/2021)
2021-04-01MINUTE ORDER. The court has considered the parties' positions set forth in the Joint Status Report, ECF No. 12, and at this time, the court is not prepared to expedite the current processing of responsive records. The court may change its view if the pace of production does not increase by the next Joint Status Report. The parties shall file such report by April 23, 2021. Signed by Judge Amit P. Mehta on 4/1/2021. (lcapm1) (Entered: 04/01/2021)
2021-04-2313Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 04/23/2021)
2021-04-23MINUTE ORDER. The parties shall file an additional Joint Status Report by May 25, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 4/23/2021. (lcapm1) (Entered: 04/23/2021)
2021-05-2514Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 05/25/2021)
2021-05-27MINUTE ORDER. The parties shall file an additional Joint Status Report by June 25, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/27/2021. (lcapm1) (Entered: 05/27/2021)
2021-06-2515Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Brudy-Everett, Kristin) (Entered: 06/25/2021)
2021-06-28MINUTE ORDER. The parties shall file an additional Joint Status Report by July 26, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 6/28/2021. (lcapm1) (Entered: 06/28/2021)
2021-07-0516NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH Substituting for attorney Kristin Brudy-Everett (Johnson, Stephanie) (Entered: 07/05/2021)
2021-07-2617Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 07/26/2021)
2021-07-28MINUTE ORDER. The parties shall file an additional Joint Status Report by September 3, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 7/28/2021. (lcapm1) (Entered: 07/28/2021)
2021-09-0318Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 09/03/2021)
2021-09-07MINUTE ORDER. The parties shall file an additional Joint Status Report by October 4, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 9/7/2021. (lcapm1) (Entered: 09/07/2021)
2021-10-0419ENTERED IN ERROR.....Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) Modified on 10/5/2021 (zeg). (Entered: 10/04/2021)
2021-10-0420Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 10/04/2021)
2021-10-04MINUTE ORDER. The parties shall file an additional Joint Status Report by November 4, 2021, that updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 10/4/2021. (lcapm1) (Entered: 10/04/2021)
2021-10-05NOTICE OF CORRECTED DOCKET ENTRY: re 19 Status Report was entered in error and counsel has refiled said pleading in docket entry 20 . (zeg) (Entered: 10/05/2021)
2021-11-0421Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 11/04/2021)
2021-11-04MINUTE ORDER. The parties shall file an additional Joint Status Report by December 6, 2021, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/4/2021. (lcapm1) (Entered: 11/04/2021)
2021-12-0622Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 12/06/2021)
2021-12-07MINUTE ORDER. The parties shall file an additional Joint Status Report by January 11, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/07/2021. (lcapm1) (Entered: 12/07/2021)
2022-01-1123Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 01/11/2022)
2022-01-11MINUTE ORDER. The parties shall file an additional Joint Status Report by February 10, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 1/11/2022. (lcapm1) (Entered: 01/11/2022)
2022-02-1024Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 02/10/2022)
2022-02-10MINUTE ORDER. The parties shall file an additional Joint Status Report by March 14, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 2/10/2022. (lcapm1) (Entered: 02/10/2022)
2022-03-1425Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 03/14/2022)
2022-03-14MINUTE ORDER. The parties shall file an additional Joint Status Report by April 15, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 3/14/2022. (lcapm1) (Entered: 03/14/2022)
2022-04-1326Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 04/13/2022)
2022-04-14MINUTE ORDER. The parties shall file an additional Joint Status Report by May 16, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 4/14/2022. (lcapm1) (Entered: 04/14/2022)
2022-04-14Set/Reset Deadlines: Status Report due by 5/16/2022 (zjch, ) (Entered: 04/15/2022)
2022-05-1627Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 05/16/2022)
2022-05-16MINUTE ORDER. The parties shall file an additional Joint Status Report by July 15, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 5/16/2022. (lcapm1) (Entered: 05/16/2022)
2022-06-1528Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 06/15/2022)
2022-06-15MINUTE ORDER. The parties shall file an additional Joint Status Report by July 20, 2022, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 6/15/2022. (lcapm1) (Entered: 06/15/2022)
2022-06-15Set/Reset Deadlines: Joint Status Report due by 7/20/2022. (smc) (Entered: 06/16/2022)
2022-07-2029Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 07/20/2022)
2022-07-20MINUTE ORDER. The parties shall file an additional Joint Status Report by August 20, 2022, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 7/20/2022. (lcapm1) (Entered: 07/20/2022)
2022-08-1930Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 08/19/2022)
2022-08-21MINUTE ORDER. The parties shall file an additional Joint Status Report by September 20, 2022, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 8/21/2022. (lcapm1) (Entered: 08/21/2022)
2022-09-2031Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 09/20/2022)
2022-09-20MINUTE ORDER. The parties shall file an additional Joint Status Report by October 20, 2022, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 9/20/2022. (lcapm1) (Entered: 09/20/2022)
2022-10-2032Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 10/20/2022)
2022-10-24MINUTE ORDER. The parties shall file an additional Joint Status Report by November 21, 2022, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 10/24/2022. (lcapm1) (Entered: 10/24/2022)
2022-11-2133Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 11/21/2022)
2022-11-22MINUTE ORDER. The parties shall file an additional Joint Status Report by January 20, 2023, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 11/22/2022. (lcapm1) (Entered: 11/22/2022)
2023-01-2034Joint STATUS REPORT by PUBLIC CITIZEN. (Rosenbaum, Adina) (Entered: 01/20/2023)
2023-01-21MINUTE ORDER. The parties shall file an additional Joint Status Report by March 20, 2023, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 1/21/2023. (lcapm1) (Entered: 01/21/2023)
2023-03-2035Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 03/20/2023)
2023-03-21MINUTE ORDER. The parties shall file an additional Joint Status Report by May 22, 2023, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 03/21/2023. (lcapm1) (Entered: 03/21/2023)
2023-05-2236Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 05/22/2023)
2023-05-25MINUTE ORDER. The parties shall file an additional Joint Status Report by July 25, 2023, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 05/25/2023. (lcapm1) (Entered: 05/25/2023)
2023-07-2537Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 07/25/2023)
2023-07-26MINUTE ORDER. The parties shall file an additional Joint Status Report by September 29, 2023, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 07/26/2023. (lcapm1) (Entered: 07/26/2023)
2023-09-2938Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 09/29/2023)
2023-10-02MINUTE ORDER. The parties shall file an additional Joint Status Report by November 29, 2023, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 10/02/2023. (lcapm1) (Entered: 10/02/2023)
2023-11-2939Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 11/29/2023)
2023-11-30MINUTE ORDER. The parties shall file an additional Joint Status Report by January 29, 2024, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 11/30/2023. (lcapm1) (Entered: 11/30/2023)
2023-12-0840NOTICE of Appearance by Lauren Bateman on behalf of PUBLIC CITIZEN (Bateman, Lauren) (Entered: 12/08/2023)
2024-01-2941Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 01/29/2024)
2024-01-31MINUTE ORDER. The parties shall file an additional Joint Status Report by March 29, 2024, which advises whether any disputes remain and, if so, proposes a briefing schedule, if appropriate. Signed by Judge Amit P. Mehta on 1/31/2024. (lcapm1) (Entered: 01/31/2024)
2024-03-2942Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 03/29/2024)
2024-04-01MINUTE ORDER. Defendants informed Plaintiff on September 27, 2023, that they had completed their production. Since then, the parties have submitted multiple Joint Status Reports indicating that they require additional time to address disputed matters. The court will grant the parties one additional 60-day period to resolve any remaining disputes. The parties' next Joint Status Report shall be filed on or before May 29, 2024. The parties shall propose a schedule for summary judgment briefing as to any remaining contested issues. Signed by Judge Amit P. Mehta on 04/01/2024. (lcapm1) (Entered: 04/01/2024)
2024-04-01Set/Reset Deadlines: Joint Status Report due by 5/29/2024. (zalh) (Entered: 04/01/2024)
2024-05-2943Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Johnson, Stephanie) (Entered: 05/29/2024)
2024-05-3144ORDER. It is hereby ordered that the following schedule shall govern further proceedings in this matter: Defendants will make a final production by July 1, 2024; Plaintiff will identify and notify Defendants of any issues that remain in dispute by July 12, 2024; Defendants' motion for summary judgment shall be due by September 11, 2024; Plaintiff's combined opposition and cross-motion for summary judgment shall be due by October 11, 2024; Defendants' combined opposition and reply shall be due by November 8, 2024; and Plaintiff's reply shall be due by November 22, 2024. See attached Order for additional details. Signed by Judge Amit P. Mehta on 05/31/2024. (lcapm1) (Entered: 05/31/2024)
2024-06-03Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 9/11/2024. Plaintiff's Response/Cross-motion due by 10/11/2024. Defendant's Reply to Cross-Motion for Summary Judgment due by 11/8/2024. Plaintiff's Reply due by 11/22/2024. (zakb) (Entered: 06/03/2024)
2024-09-0945Consent MOTION for Extension of Time to File Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Johnson, Stephanie) (Entered: 09/09/2024)
2024-09-1046ORDER granting Defendants' 45 Consent Motion for Extension of Time. Defendants shall file their Motion for Summary Judgment by October 18, 2024; Plaintiff shall file its Opposition and Cross-Motion for Summary Judgment by November 18, 2024; Defendants shall file their Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment by December 16, 2024; Plaintiff shall file its Reply by January 16, 2025. See attached Order for additional details. Signed by Judge Amit P. Mehta on 09/10/2024. (lcapm1) (Entered: 09/10/2024)
2024-09-13Set/Reset Deadlines: Defendant's Summary Judgment motion due by 10/18/2024. Plaintiff's Response to Motion for Summary Judgment due by 11/18/2024. Defendant's Reply to Motion for Summary Judgment due by 12/16/2024. Plaintiff's Reply due by 1/16/2025. (zakb) (Entered: 09/13/2024)
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