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Case TitleYIM v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of New Jersey
CityTrenton
Case Number3:2021cv07031
Date Filed2021-03-29
Date Closed2023-03-29
JudgeJudge Zahid N. Quraishi
PlaintiffJIN-PYONG PETER YIM
Case DescriptionJin-Pyong Peter Yim, a freelance journalist, submitted a FOIA request to the National Institute of Health for records concerning all updates to the Coronavirus Disease 2019 Treatment Guidelines that were endorsed by a vote of the Panel. Yim also requested expedited processing. The agency acknowledged receipt of the request and denied Yim's request for expedited processing. After hearing nothing further from the agency, Yim filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantNATIONAL INSTITUTES OF HEALTH
AppealThird Circuit 23-1601
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-291Complaint Received. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C, # 4 EXHIBIT D)(jal, ) (Entered: 03/29/2021)
2021-03-292Clerk's Letter: Complaint not accompanied by the filing fee or application to proceed in forma pauperis. (jal, ) (Entered: 03/29/2021)
2021-03-30Filing fee: $ 402, receipt number CAM012501 (abr, ) (Entered: 03/30/2021)
2021-03-30COMPLAINT filed see D.E 1 (abr, ) (Entered: 04/13/2021)
2021-03-313SUMMONS ISSUED as to NATIONAL INSTITUTES OF HEALTH. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr, ) (Entered: 03/31/2021)
2021-04-214CERTIFICATE OF SERVICE by JIN-PYONG PETER YIM (Attachments: # 1 Certified Returned Slip Front, # 2 Certified Returned Slip Back)(abr, ) (Entered: 04/21/2021)
2021-05-075Letter from Government requesting conference call and stay of time to respond. (MAHONEY, MARGARET) (Entered: 05/07/2021)
2021-05-076Letter requesting conference call filed by Jin-Pyong Peter Yim. (Attachments: # 1 Exhibit (emails))(abr, ) (Entered: 05/07/2021)
2021-05-107TEXT ORDER: The Governments request for a conference and stay time to respond (#6) is DENIED, the Government shall respond to the complaint on or before 30 June 2021; notice mailed. So Ordered by Judge Brian R. Martinotti on 5/10/2021. (DS, ) (Entered: 05/10/2021)
2021-06-288TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Zahid N. Quraishi for all further proceedings. Judge Brian R. Martinotti no longer assigned to case. So Ordered by Chief Judge Freda L. Wolfson on 6/28/2021. (jem) (Entered: 06/28/2021)
2021-06-309ANSWER to Complaint by All Defendants. (Attachments: # 1 Declaration, # 2 Exhibit A)(MAHONEY, MARGARET) (Entered: 06/30/2021)
2021-06-3010Letter requesting why case was reassigned filed by Jin-Pyong Peter Yim. (abr, ) (Entered: 06/30/2021)
2021-07-0611TEXT ORDER setting a Telephone Conference with Magistrate Judge Lois H. Goodman for 8/25/2021 at 2:00 p.m. The Court will provide defendant's counsel with dial in information to forward to pro se plaintiff. So Ordered by Magistrate Judge Lois H. Goodman on 7/6/2021. (ijf, ) (Entered: 07/06/2021)
2021-08-2512Minute Entry for proceedings held before Magistrate Judge Lois H. Goodman: Telephone Conference held on 8/25/2021. Parties directed to confer and resolve dispute. Case status due by 9/8/2021. If, not resolved dispositive motions to be filed. Text Order to follow. (Court Reporter, Digitally) (ijf, ) (Entered: 08/26/2021)
2021-08-2613TEXT ORDER directing parties to confer to attempt resolution to this dispute. Parties to report to the Court as to the results of those efforts to resolve by 9/8/2021. If, matter cannot be resolved, dispositive motions to be filed by 9/24/2021 and to be returnable on 10/18/2021. Ms. Mahoney is directed to provide pro se plaintiff with a copy of this text order. So Ordered by Magistrate Judge Lois H. Goodman on 8/26/2021. (ijf, ) (Entered: 08/26/2021)
2021-09-0214Letter informing the Court Plaintiff complied with the Court's 13 Text Order on 8/26/2021 filed by Jin-Pyong Peter Yim. (jmh) (Entered: 09/03/2021)
2021-09-0815Letter requesting changes to the Court Schedule for this case filed by Jin-Pyong Peter Yim. (abr, ) (Entered: 09/08/2021)
2021-09-0816Letter from Defendants regarding Status Update. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit F-1, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit J-1, # 15 Exhibit K, # 16 Exhibit K-1, # 17 Exhibit K-2, # 18 Exhibit L)(MAHONEY, MARGARET) (Entered: 09/08/2021)
2021-09-1617LETTER ORDER that Defendants' Motion for Summary Judgment shall be filed by 9/24/2021; Plaintiff's Opposition shall be filed by 10/18/2021 and Defendants Reply and Opposition be field by 11/5/2021. Signed by Judge Zahid N. Quraishi on 9/15/2021. (abr, ) (Entered: 09/16/2021)
2021-09-2418MOTION for Summary Judgment by NATIONAL INSTITUTES OF HEALTH. Responses due by 10/18/2021 (Attachments: # 1 Exhibit Notice of Motion, # 2 Exhibit Notice of Motion to Pro Se)(MAHONEY, MARGARET) (Entered: 09/24/2021)
2021-09-2419MOTION for Summary Judgment by NATIONAL INSTITUTES OF HEALTH. Responses due by 10/18/2021 (Attachments: # 1 Text of Proposed Order, # 2 Certification of Serivce)(MAHONEY, MARGARET) (Entered: 09/24/2021)
2021-09-2420MOTION for Summary Judgment Declaration by Groka Garcia-Malene by NATIONAL INSTITUTES OF HEALTH. Responses due by 10/18/2021 (Attachments: # 1 Exhibit 1 to Declaration, # 2 Exhibit 2 to the Declaration, # 3 Exhibit 5 to the Declaration, # 4 Exhibit 6 to the Declaration)(MAHONEY, MARGARET) (Entered: 09/24/2021)
2021-09-2421Letter from Defendants regarding missing exhibtis to the Declaration of Garcia-Malene. (MAHONEY, MARGARET) (Entered: 09/24/2021)
2021-09-2722Letter objecting to documents that have not been emailed to Plaintiff by Defendants in their Certificate of Service filed by Jin-Pyong Peter Yim,. (abr, ) (Entered: 09/27/2021)
2021-09-27Set Deadlines as to 18 MOTION for Summary Judgment , 19 MOTION for Summary Judgment , 20 MOTION for Summary Judgment Declaration by Groka Garcia-Malene . Motion set for 10/18/2021 before Judge Zahid N. Quraishi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (abr, ) (Entered: 09/27/2021)
2021-09-2823Exhibit to 20 Motion for Summary Judgment, Exhibits 3 and 4 to Declaration of Gorka Garcia Malene by All Defendants. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4)(MAHONEY, MARGARET) (Entered: 09/28/2021)
2021-10-1324MEMORANDUM in Opposition to 18 , 19 and 20 Motion for Summary Judgment filed by JIN-PYONG PETER YIM (Attachments: # 1 Statment of Issues, # 2 Certificate of Service, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E)(abr, ) (Entered: 10/13/2021)
2021-10-1325Letter regarding ISP ( Individual Service Plan) filed by Joey Jackson. (abr, ) (Entered: 10/13/2021)
2021-10-13CLERK'S QUALITY CONTROL MESSAGE - Please note the 25 Letter filed by the Clerk's office on 10/13/2021 was docketed in error. Please disregard. (abr, ) (Entered: 10/13/2021)
2021-10-2926RESPONSE in Support filed by All Defendants re 19 MOTION for Summary Judgment , 20 MOTION for Summary Judgment Declaration by Groka Garcia-Malene , 18 MOTION for Summary Judgment (Attachments: # 1 Certificate of Service)(MAHONEY, MARGARET) (Entered: 10/29/2021)
2022-03-2827Letter requesting the Court provide financial disclosure report from Jin-Pyong Peter Yim (Filed via ECF Help Desk). (jal, ) Modified on 3/30/2022 (jal, ). (Entered: 03/28/2022)
2022-04-2928TEXT ORDER that upon review of the docket, the Court notes that docket entry nos. 19 and 20 are not motions in their own right, rather they were filed in support of the Motion for Summary Judgment 18 ; accordingly the Court hereby ADMINISTRATIVELY TERMINATES 19 AND 20 , and will consider these submissions with Motion 18 . So Ordered by Judge Zahid N. Quraishi on 4/29/2022. (kas) (Entered: 04/29/2022)
2023-03-2929OPINION filed. Signed by Judge Zahid N. Quraishi on 3/29/2023. (jal, ) (Entered: 03/29/2023)
2023-03-2930ORDER granting 18 Motion for Summary Judgment; The Clerks Office is hereby instructed to close this matter. Signed by Judge Zahid N. Quraishi on 3/29/2023. (jal, ) (Entered: 03/29/2023)
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by FOIA Project Staff
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