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Case TitleBUZZFEED INC. v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2020cv03003
Date Filed2020-10-19
Date Closed2021-11-09
JudgeJudge Trevor N. McFadden
PlaintiffBUZZFEED INC.
Case DescriptionBuzzFeed sent a FOIA request to the National Institute of Health for records concerning communications to or from Kim Hasenkrug and Ken Pekoc of the NIAID/RML Facility regarding the use of humanized mice in Hasenkrug's lab to study the corona virus reported by China to the World Health Organization. BuzzFeed amended its request. The agency acknowledged receipt of the request and told BuzzFeed that it was processing the request but needed to receive confidential claims from one of the stakeholders. After hearing nothing further from the agency, BuzzFeed filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTES OF HEALTH
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-191COMPLAINT against NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 400 receipt number ADCDC-7730394) filed by BUZZFEED INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons)(Topic, Matthew) (Entered: 10/19/2020)
2020-10-192NOTICE of Appearance by Matthew Topic on behalf of BUZZFEED INC. (Topic, Matthew) (Entered: 10/19/2020)
2020-10-193LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUZZFEED INC. (Topic, Matthew) (Entered: 10/19/2020)
2020-10-20Case Assigned to Judge Trevor N. McFadden. (adh, ) (Entered: 10/20/2020)
2020-10-204STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 10/20/2020. (lctnm1) (Entered: 10/20/2020)
2020-10-205SUMMONS (4) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/20/2020)
2020-11-306ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Tilghman, Michael) (Entered: 11/30/2020)
2020-11-30MINUTE ORDER. Before the Court are a complaint and an answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceedings in this matter. The schedule should address, among other things, the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, and a briefing schedule for dispositive motions, if required. The parties shall file the report on or before December 21, 2020. Signed by Judge Trevor N. McFadden on 11/30/2020. (lctnm1) (Entered: 11/30/2020)
2020-12-01Set/Reset Deadlines: Joint Status Report due by 12/21/2020. (hmc) (Entered: 12/01/2020)
2020-12-217Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/21/2020)
2020-12-21MINUTE ORDER. Upon considering the parties' 7 Joint Status Report, it is hereby ordered that on or before February 19, 2021, the parties shall file a further Joint Status Report proposing further proceedings in this matter. SO ORDERED. Signed by Judge Trevor N. McFadden on 12/21/2020. (lctnm1) (Entered: 12/21/2020)
2020-12-22Set/Reset Deadlines: Joint Status Report due by 2/19/2021. (hmc) (Entered: 12/22/2020)
2020-12-228RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 10/29/2020 (Topic, Matthew) (Entered: 12/22/2020)
2020-12-229RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/30/2020. (Topic, Matthew) (Entered: 12/22/2020)
2020-12-2210RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/30/2020. Answer due for ALL FEDERAL DEFENDANTS by 11/29/2020. (Topic, Matthew) (Entered: 12/22/2020)
2021-02-1911Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 02/19/2021)
2021-02-19MINUTE ORDER. Upon consideration of the parties' 11 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before March 22, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/19/2021. (lctnm1) (Entered: 02/19/2021)
2021-02-19Set/Reset Deadlines: Joint Status Report due by 3/22/2021. (hmc) (Entered: 02/19/2021)
2021-03-2212Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 03/22/2021)
2021-03-22MINUTE ORDER. Upon consideration of the parties' 12 Joint Status Report, it is hereby ordered that the parties shall file a further Joint Status Report on or before May 6, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/22/2021. (lctnm1) (Entered: 03/22/2021)
2021-03-23Set/Reset Deadlines: Joint Status Report due by 5/6/2021. (hmc) (Entered: 03/23/2021)
2021-05-0613Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 05/06/2021)
2021-05-06MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before June 8, 2021. Signed by Judge Trevor N. McFadden on 5/6/2021. (lctnm1) (Entered: 05/06/2021)
2021-05-06Set/Reset Deadlines: Joint Status Report due by 6/8/2021. (hmc) (Entered: 05/06/2021)
2021-06-0814Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 06/08/2021)
2021-06-08MINUTE ORDER. Upon consideration of the parties' 14 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before July 8, 2021. Signed by Judge Trevor N. McFadden on 6/8/2021. (lctnm1) (Entered: 06/08/2021)
2021-06-09Set/Reset Deadlines: Joint Status Report due by 7/8/2021. (ztg) (Entered: 06/09/2021)
2021-07-0815Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 07/08/2021)
2021-07-09MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before August 9, 2021. Signed by Judge Trevor N. McFadden on 7/9/2021. (lctnm1) (Entered: 07/09/2021)
2021-07-09Set/Reset Deadlines: Joint Status Report due by 8/9/2021. (zhmc) (Entered: 07/09/2021)
2021-08-0916Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 08/09/2021)
2021-08-09MINUTE ORDER. Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before September 8, 2021. Signed by Judge Trevor N. McFadden on 8/9/2021. (lctnm1) (Entered: 08/09/2021)
2021-08-10Set/Reset Deadlines: Joint Status Report due by 9/8/2021. (hmc) (Entered: 08/10/2021)
2021-09-0817Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 09/08/2021)
2021-09-08MINUTE ORDER. Upon consideration of the parties' 17 Joint Status Report, it is hereby ORDERED that the parties shall file a further Joint Status Report on or before October 7, 2021. Signed by Judge Trevor N. McFadden on 9/8/2021. (lctnm1) (Entered: 09/08/2021)
2021-09-09Set/Reset Deadlines: Joint Status Report due by 10/7/2021. (hmc) (Entered: 09/09/2021)
2021-10-0718Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 10/07/2021)
2021-10-07MINUTE ORDER. Upon consideration of the 18 Joint Status Report, it is hereby ORDERED that the parties shall appear for a status conference on October 28, 2021, at 2:30 p.m., before Judge Trevor N. McFadden. The conference will take place by telephone. Dial-in information has been emailed to counsel. If the parties reach a resolution before that date, they shall promptly inform the Court. SO ORDERED. Signed by Judge Trevor N. McFadden on 10/7/2021. (lctnm1) (Entered: 10/07/2021)
2021-10-08Set/Reset Hearings: Telephone Conference scheduled for 10/28/2021, at 2:30 PM before Judge Trevor N. McFadden. (ztg) (Entered: 10/08/2021)
2021-10-28Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 10/28/2021. Joint Status Report due by 11/25/2021. (Court Reporter: Tim Miller.) (hmc) (Entered: 10/28/2021)
2021-11-0919STIPULATION of Dismissal by BUZZFEED INC.. (Topic, Matthew) (Entered: 11/09/2021)
2021-11-0920Unopposed MOTION for Extension of Time to File Plaintiff's Petition for Attorneys' Fees by BUZZFEED INC.. (Attachments: # 1 Text of Proposed Order)(Topic, Matthew) (Entered: 11/09/2021)
2021-11-09MINUTE ORDER. Upon consideration of the parties' 19 Stipulation of Dismissal, this case is hereby DISMISSED with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/9/2021. (lctnm1) (Entered: 11/09/2021)
2021-11-09MINUTE ORDER granting the 20 Motion for Extension of Time. Plaintiff's petition for attorney's fees and costs shall be filed on or before December 8, 2021. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/9/2021. (lctnm1) (Entered: 11/09/2021)
2021-11-09Set/Reset Deadlines: Plaintiff's petition for attorney's fees and costs due by 12/8/2021. (ztg) (Entered: 11/09/2021)
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