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Case TitleAMERICA FIRST LEGAL FOUNDATION v. CENTERS FOR DISEASE CONTROL AND PREVENTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv00978
Date Filed2022-04-08
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffAMERICA FIRST LEGAL FOUNDATION
Case DescriptionAmerica First Legal Foundation submitted a FOIA request to the Centers for Disease Control and Prevention for records concerning the agency's involvement with flagging COVID-19 or COVID-19 vaccine-related misinformation of disinformation. AFL also requested expedited processing. The agency acknowledged receipt of the request. The agency told AFL that its request was too broad and suggested that AFL narrow the scope of its request to a handful of employees who worked on COVID-19 disinformation. AFL asked the agency to determine if it could group and disclose emailed based on a domain name. After hearing nothing further from the agency, AFL filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

Defendant2255
CENTERS FOR DISEASE CONTROL AND PREVENTION
1600 Clifton Road
Atlanta, GA 30329
DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
Documents
Docket
Complaint
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Complaint attachment 12
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-081COMPLAINT against AMERICA FIRST LEGAL FOUNDATION ( Filing fee $ 402 receipt number ADCDC-9160978) filed by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Summons USADC, # 18 Summons USAG, # 19 Summons CDC, # 20 Civil Cover Sheet Cover Sheet)(Rubinstein, Reed) (Entered: 04/08/2022)
2022-04-11NOTICE OF ERROR re 1 Complaint; emailed to reed.rubinstein@aflegal.org, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing signature on civil cover sheet. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name'., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmh, ) (Entered: 04/11/2022)
2022-04-112ERRATA Cover Sheet by AMERICA FIRST LEGAL FOUNDATION re 1 Complaint,, filed by AMERICA FIRST LEGAL FOUNDATION. (Rubinstein, Reed) (Entered: 04/11/2022)
2022-04-11Case Assigned to Judge Amit P. Mehta. (zmh) (Entered: 04/11/2022)
2022-04-113SUMMONS (3) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 04/11/2022)
2022-05-174NOTICE of Appearance by Tyler Sanderson on behalf of AMERICA FIRST LEGAL FOUNDATION (Sanderson, Tyler) (Entered: 05/17/2022)
2022-05-185NOTICE of Appearance by Douglas C. Dreier on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION (Dreier, Douglas) (Entered: 05/18/2022)
2022-05-186ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION.(Dreier, Douglas) (Entered: 05/18/2022)
2022-05-197ORDER. 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 June 1, 2022. 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 5/19/2022. (lcapm1) (Entered: 05/19/2022)
2022-06-018Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/01/2022)
2022-06-02MINUTE ORDER. The parties shall file an additional Joint Status Report by August 2, 2022, which updates the court on the processing and production of responsive records. The court declines Plaintiff's request to require Defendant to process 1,000 pages per month. Signed by Judge Amit P. Mehta on 6/2/20222. (lcapm1) (Entered: 06/02/2022)
2022-06-099RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/18/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/18/2022. (Sanderson, Tyler) (Entered: 06/09/2022)
2022-06-0910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 4/15/2022 (Sanderson, Tyler) (Entered: 06/09/2022)
2022-06-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/14/2022. (Sanderson, Tyler) (Entered: 06/09/2022)
2022-08-0212Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 08/02/2022)
2022-08-02MINUTE ORDER. The parties shall file an additional Joint Status Report by October 3, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 8/2/2022. (lcapm1) (Entered: 08/02/2022)
2022-10-0313Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Dreier, Douglas) (Entered: 10/03/2022)
2022-10-03MINUTE ORDER. The parties shall submit an additional Joint Status Report by December 2, 2022, which updates the court on the processing and production of responsive records. The court will not set a deadline for consulting agencies to respond at this time. Signed by Judge Amit P. Mehta on 10/3/2022. (lcapm1) (Entered: 10/03/2022)
2022-12-0214Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/02/2022)
2022-12-05MINUTE ORDER. The parties shall submit an additional Joint Status Report by February 3, 2023, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 12/5/2022. (lcapm1) (Entered: 12/05/2022)
2023-01-2515NOTICE of Appearance by Andrew Block on behalf of AMERICA FIRST LEGAL FOUNDATION (Block, Andrew) (Main Document 15 replaced on 1/29/2023) (zed). (Entered: 01/25/2023)
2023-01-2716Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 01/27/2023)
2023-01-2717NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICA FIRST LEGAL FOUNDATION. Attorney Tyler Sanderson terminated. (Sanderson, Tyler) Modified docket event/text on 1/29/2023 (zed). (Entered: 01/27/2023)
2023-01-30MINUTE ORDER. The parties shall file an additional Joint Status Report by March 28, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 1/30/2023. (lcapm1) (Entered: 01/30/2023)
2023-03-2818Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 03/28/2023)
2023-03-29MINUTE ORDER. The parties shall file an additional Joint Status Report by May 31, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 03/29/2023. (lcapm1) (Entered: 03/29/2023)
2023-05-3119Joint STATUS REPORT by AMERICA FIRST LEGAL FOUNDATION. (Block, Andrew) (Entered: 05/31/2023)
2023-06-01MINUTE ORDER. The parties shall file an additional Joint Status Report by June 29, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 06/01/2023. (lcapm1) (Entered: 06/01/2023)
2023-06-2920Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 06/29/2023)
2023-06-30MINUTE ORDER. The parties shall file an additional Joint Status Report by August 31, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 06/30/2023. (lcapm1) (Entered: 06/30/2023)
2023-08-3121Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 08/31/2023)
2023-09-01MINUTE ORDER. The parties shall file an additional Joint Status Report by November 3, 2023, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 09/01/2023. (lcapm1) (Entered: 09/01/2023)
2023-11-0322Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 11/03/2023)
2023-11-06MINUTE ORDER. The parties shall file an additional Joint Status Report by February 29, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 11/6/2023. (lcapm1) (Entered: 11/06/2023)
2024-02-2923Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/29/2024)
2024-03-01MINUTE ORDER. The parties shall file an additional Joint Status Report on or before March 28, 2024, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 03/01/2024. (lcapm1) (Entered: 03/01/2024)
2024-03-01Set/Reset Deadlines: Joint Status Report due by 3/28/2024. (hmc) (Entered: 03/01/2024)
2024-03-2824Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 03/28/2024)
2024-04-01MINUTE ORDER. Upon consideration of the parties' most recent Joint Status Report, it is hereby ordered that Defendant shall file its motion for summary judgment on or before May 23, 2024; Plaintiff shall file its combined cross-motion for summary judgment and opposition on or before June 28, 2024; Defendant shall file its combined opposition and reply on or before July 29, 2024; and Plaintiff shall file its reply on or before August 23, 2024. Signed by Judge Amit P. Mehta on 04/01/2024. (lcapm1) (Entered: 04/01/2024)
2024-04-01Set/Reset Deadlines: Defendant's Summary Judgment motions due by 5/23/2024. Plaintiff's Response to Motion for Summary Judgment due by 6/28/2024. Defendant's Reply to Motion for Summary Judgment due by 7/29/2024. Plaintiff's Cross Motion for Summary Judgment due by 6/28/2024. Defendant's Response to Cross Motion for Summary Judgment due by 7/29/2024. Plaintiff's Reply to Cross Motion for Summary Judgment due by 8/23/2024. (zalh) (Entered: 04/01/2024)
2024-05-15Set/Reset Deadlines: Cross Motions due by 8/19/2024. Response to Cross Motions due by 9/17/2024. Reply to Cross Motions due by 10/14/2024. Summary Judgment motions due by 7/12/2024. Response to Motion for Summary Judgment due by 8/19/2024. Reply to Motion for Summary Judgment due by 9/17/2024. (zglw) (Entered: 05/23/2024)
2024-05-1625Consent MOTION for Extension of Time to File Summary Judgment Briefing by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/16/2024)
2024-05-1726ORDER granting Defendant's 25 Motion for Extension of Time. Defendant shall file its motion for summary judgment on or before July 12, 2024; Plaintiff shall file its combined cross-motion for summary judgment and opposition on or before August 19, 2024; Defendant shall file its combined opposition and reply on or before September 17, 2024; and Plaintiff shall file its reply on or before October 14, 2024. See attached Order for additional details. Signed by Judge Amit P. Mehta on 05/17/2024. (lcapm1) (Entered: 05/17/2024)
2024-07-0327Consent MOTION for Extension of Time to File Summary Judgment Briefing by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/03/2024)
2024-07-0528ORDER granting 27 Consent Motion for Extension of Time. Defendant shall file its motion for summary judgment on or before July 26, 2024; Plaintiff shall file its combined cross-motion for summary judgment and opposition on or before September 3, 2024; Defendant shall file its combined opposition and reply on or before October 1, 2024; and Plaintiff shall file its reply on or before October 28, 2024. See attached Order for additional details. Signed by Judge Amit P. Mehta on 07/05/2024. (lcapm1) (Entered: 07/05/2024)
2024-07-05Set/Reset Deadlines: Summary Judgment motion due by 7/26/2024. Response to Motion for Summary Judgment due by 9/3/2024. Reply to Motion for Summary Judgment due by 10/1/2024. Reply due by 10/28/2024. (zakb) (Entered: 07/05/2024)
2024-07-2629MOTION for Summary Judgment by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Appendix - Index of Exhibits and Declarations, # 4 Declaration of Roger Andoh (CDC), # 5 Declaration of Carrie Adams (Meta), # 6 Exhibit 1, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/26/2024)
2024-08-2830Consent MOTION for Extension of Time to File Summary Judgment Briefing by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Text of Proposed Order)(Block, Andrew) (Entered: 08/28/2024)
2024-08-2931ORDER granting Plaintiff's 30 Motion for Extension of Time to File Summary Judgment Briefing. Plaintiff shall file its combined cross-motion for summary judgment and opposition on or before September 17, 2024; Defendant shall file its combined opposition and reply on or before October 16, 2024; and Plaintiff shall file its reply on or before November 1, 2024. See attached Order for additional details. Signed by Judge Amit P. Mehta on 08/29/2024. (lcapm1) (Entered: 08/29/2024)
2024-08-30Set/Reset Deadlines: Plaintiff's Cross Motion for Summary Judgment due by 9/17/2024. Defendant's Response/Opposition to Cross Motion due by 10/16/2024. Plaintiff's Reply to Cross Motion due by 11/1/2024. (zakb) (Entered: 08/30/2024)
2024-09-1732Cross MOTION for Summary Judgment by AMERICA FIRST LEGAL FOUNDATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Ex 1, # 3 Exhibit Ex 2, # 4 Exhibit Ex 3, # 5 Exhibit Ex 4, # 6 Exhibit Ex 5, # 7 Statement of Facts Plaintiffs Statement of Facts, # 8 Statement of Facts Response to Defendants Plaintiffs Statement of Facts, # 9 Text of Proposed Order Proposed Order)(Block, Andrew) (Entered: 09/18/2024)
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