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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv03572
Date Filed2022-11-23
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the FDA for records concerning autopsy reports concerning any VAERS-reported deaths following the COVID-19 vaccination. The agency acknowledged receipt of the request. The agency denied the request under Exemption 3 (other statutes) and Exemption 6 (invasion of privacy). ICAN filed an administrative appeal. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantFOOD AND DRUG ADMINISTRATION
DefendantUNITED STATES FOOD AND DRUG ADMINISTRATION
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

2022-11-231COMPLAINT against FOOD AND DRUG ADMINISTRATION ( Filing fee $ 402 receipt number ADCDC-9693832) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons FDA, # 5 Summons USAG, # 6 Summons USAO)(Farnsworth, Colin) (Entered: 11/23/2022)
2022-11-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 11/23/2022)
2022-11-233MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Siri, Filing fee $ 100, receipt number ADCDC-9693921. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 11/23/2022)
2022-11-234MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth A. Brehm, Filing fee $ 100, receipt number ADCDC-9693931. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 11/23/2022)
2022-11-28Case Assigned to Judge Colleen Kollar-Kotelly. (zcb) (Entered: 11/28/2022)
2022-11-285SUMMONS (3) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/28/2022)
2022-11-296ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/29/22. (DM) (Entered: 11/29/2022)
2022-12-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 12/1/2022 (Farnsworth, Colin) (Entered: 12/06/2022)
2022-12-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/05/2022. (Farnsworth, Colin) (Entered: 12/06/2022)
2022-12-069ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/28/2022. (Farnsworth, Colin) Modified on 12/7/2022 (zjm). (Entered: 12/06/2022)
2022-12-07NOTICE OF ERROR regarding 9 Summons Returned Executed as to U.S. Attorney General. The following error(s) need correction: Please refile using event: Service of process - Summons Returned Executed in FOIA case as to U.S. Attorney.(zjm) (Entered: 12/07/2022)
2022-12-08MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice as to Aaron Siri. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions . Signed by Judge Colleen Kollar-Kotelly on December 8, 2022. (lcckk1) (Entered: 12/08/2022)
2022-12-08MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Elizabeth Brehm. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCrR 44.5(a) Click for instructions . Signed by Judge Colleen Kollar-Kotelly on December 8, 2022. (lcckk1) (Entered: 12/08/2022)
2022-12-0910RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/28/2022. Answer due for ALL FEDERAL DEFENDANTS by 12/28/2022. (Farnsworth, Colin) (Entered: 12/09/2022)
2022-12-2111NOTICE of Appearance by Douglas C. Dreier on behalf of FOOD AND DRUG ADMINISTRATION (Dreier, Douglas) (Entered: 12/21/2022)
2022-12-2112Consent MOTION for Extension of Time to File Response to Plaintiff's Complaint by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 12/21/2022)
2022-12-26MINUTE ORDER: The Court is in receipt of Defendant's 12 Consent Motion for Extension of Time to Respond. In light of office-wide delays at the United States Attorney's Office for the District of Columbia, Defendant requests the Court extend Defendant's deadline to answer from December 28, 2022 to January 27, 2023. As Plaintiff consents, and upon good cause shown, Defendant's 12 Consent Motion for Extension of Time to Respond is GRANTED . Defendant shall answer or otherwise respond to Plaintiff's complaint on or before January 27, 2023 . Signed by Judge Colleen Kollar-Kotelly on December 26, 2022. (lcckk1) (Entered: 12/26/2022)
2022-12-26Set/Reset Deadlines: Defendant shall answer or otherwise respond to Plaintiff's complaint on or before 1/27/2023. (dot) (Entered: 12/26/2022)
2022-12-27Set/Reset Deadlines: Answer due by 1/27/2023. (kt) (Entered: 12/27/2022)
2023-01-2713ANSWER to Complaint by FOOD AND DRUG ADMINISTRATION.(Dreier, Douglas) (Entered: 01/27/2023)
2023-01-3014ORDER directing parties to file joint status report on or before February 24, 2023. Signed by Judge Colleen Kollar-Kotelly on January 30, 2023. (lcckk1) (Entered: 01/30/2023)
2023-01-30Set/Reset Deadlines: Joint Status Report due by 2/24/2023. (dot) (Entered: 01/31/2023)
2023-02-0115NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 02/01/2023)
2023-02-0116NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 02/01/2023)
2023-02-2417Joint STATUS REPORT by FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 02/24/2023)
2023-02-26MINUTE ORDER: The Court is in receipt of the parties' 17 Joint Status Report. In consideration thereof, the parties shall file another joint status report on or before May 27, 2023 and, if necessary, every ninety days thereafter. Signed by Judge Colleen Kollar-Kotelly on February 26, 2023. (lcckk1) (Entered: 02/26/2023)
2023-02-27Set/Reset Deadlines: Joint Status Report due by 5/27/2023 and, if necessary, every ninety days thereafter. (dot) (Entered: 02/27/2023)
2023-05-1718NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/17/2023)
2023-05-2319Joint STATUS REPORT by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Text of Proposed Order)(Dreier, Douglas) (Entered: 05/23/2023)
2023-07-1020SCHEDULING AND PROCEDURES ORDER: Dispositive Motion due by 7/13/2023; Response to Dispositive Motion due by 8/14/2023; Reply to Dispositive Motion due by 9/14/2023. Cross Motion due by 8/14/2023; Response to Cross Motion due by 9/14/2023; Reply to Cross Motion due by 9/28/2023. See Order for details. The Court VACATES its February 26, 2023 Minute Order requiring Status Reports every 90 days. Signed by Judge Colleen Kollar-Kotelly on 7/10/23. (DM) (Entered: 07/10/2023)
2023-07-1321MOTION for Summary Judgment by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Beth Brockner Ryan, # 4 Declaration of John Hyder, # 5 Declaration of Narayan Nair, M.D., # 6 Text of Proposed Order)(Dreier, Douglas) (Entered: 07/13/2023)
2023-08-1422Cross MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Elizabeth A. Brehm, # 3 Statement of Facts, # 4 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 08/14/2023)
2023-09-1423Memorandum in opposition to re 22 Motion for Summary Judgment filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Statement of Facts - Response, # 2 Text of Proposed Order)(Dreier, Douglas) (Entered: 09/14/2023)
2023-09-1424REPLY to opposition to motion re 21 MOTION for Summary Judgment - Duplicate of ECF No. 23 filed by UNITED STATES FOOD AND DRUG ADMINISTRATION. (Dreier, Douglas) (Entered: 09/14/2023)
2023-09-2825REPLY to opposition to motion re 22 Cross MOTION for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 09/28/2023)
2024-08-3026MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendant's 21 Motion for Summary Judgment and granting in part and denying in part Plaintiff's 22 Cross-Motion for Summary Judgment. Signed by Judge Colleen Kollar-Kotelly on 8/30/2024. (lcckk1) (Entered: 08/30/2024)
2024-08-30Set/Reset Deadlines: Defendant's Vaughn Index due by 10/18/2024. (dot) (Entered: 09/02/2024)
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by FOIA Project Staff
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