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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00747
Date Filed2023-03-20
Date ClosedOpen
JudgeJudge Tanya S. Chutkan
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the Proportional Reporting Ratio analyses performed to identify AEs that are disproportionately reported relative to other AEs. The agency acknowledged receipt of the request. The agency told ICAN that it found no records. ICAN filed an administrative appeal but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
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
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-03-201COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9940026) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 101, # 2 Exhibit 102, # 3 Civil Cover Sheet, # 4 Summons Summons to CDC, # 5 Summons Summons to HHS, # 6 Summons Summons to USAG, # 7 Summons Summons to US Attorney)(Farnsworth, Colin) (Entered: 03/20/2023)
2023-03-202LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 03/20/2023)
2023-03-21Case Assigned to Judge Tanya S. Chutkan. (zljn) (Entered: 03/21/2023)
2023-03-213SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 03/21/2023)
2023-04-034NOTICE of Appearance by Kenneth A. Adebonojo on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Adebonojo, Kenneth) (Entered: 04/03/2023)
2023-04-045NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 04/04/2023)
2023-04-046NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 04/04/2023)
2023-04-047RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/22/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/21/2023. (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-048RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/27/2023. (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-049RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 3/27/2023 (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-0410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/27/2023 (Farnsworth, Colin) (Entered: 04/04/2023)
2023-04-2011Consent MOTION for Extension of Time to Respond by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 04/20/2023)
2023-04-21MINUTE ORDER: Defendant's 11 Consent Motion for Extension of Time is hereby GRANTED. Defendant shall answer or otherwise respond to Plaintiff's complaint by May 23, 2023. Signed by Judge Tanya S. Chutkan on 04/21/2023. (lcss) (Entered: 04/21/2023)
2023-04-25Set/Reset Deadlines: Answer due by 5/23/2023. (tb) (Entered: 04/25/2023)
2023-05-1712NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/17/2023)
2023-05-2313Consent MOTION for Extension of Time to Respond by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 05/23/2023)
2023-05-24MINUTE ORDER: Defendants' 13 Consent Motion for Extension of Time is hereby GRANTED. Defendants shall answer or otherwise respond to the Complaint by June 23, 2023. Signed by Judge Tanya S. Chutkan on 05/24/2023. (lcss) (Entered: 05/24/2023)
2023-05-25Set/Reset Deadlines: Answer due by 6/23/2023. (tb) (Entered: 05/25/2023)
2023-06-2314Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 06/23/2023)
2023-06-26MINUTE ORDER: Defendants' 14 Consent Motion for Extension of Time is hereby GRANTED. Defendants shall answer or otherwise respond to Plaintiff's Complaint by July 25, 2023. Signed by Judge Tanya S. Chutkan on 06/26/2023. (lcss) (Entered: 06/26/2023)
2023-07-2515ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Adebonojo, Kenneth) (Entered: 07/25/2023)
2023-07-26MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address 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, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues no later than September 6, 2023. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 07/26/2023. (lcss) (Entered: 07/26/2023)
2023-07-26Set/Reset Deadlines: Status Report due by 9/6/2023. (nbn) (Entered: 07/26/2023)
2023-09-0616Joint STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 09/06/2023)
2023-09-07MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report by October 23, 2023, and every 30 days thereafter. To the extent that any report proposes changing the status quo, the report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 09/07/2023. (lcc) (Entered: 09/07/2023)
2023-09-07Set/Reset Deadlines: Joint Status Report due by 10/23/2023 (lsj) (Entered: 09/07/2023)
2023-10-2317Joint STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 10/23/2023)
2023-11-2218Joint STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 11/22/2023)
2023-11-27MINUTE ORDER SETTING BRIEFING SCHEDULE: Upon consideration of the parties' 18 Joint Status Report, the court sets the following deadlines. Defendants' Motion for Summary Judgment due January 16, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due February 27, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due March 19, 2024. Plaintiff's Reply due April 2, 2024. Signed by Judge Tanya S. Chutkan on 11/27/2023. (lcd) (Entered: 11/27/2023)
2023-11-28Set/Reset Deadlines: Defendants' Motion for Summary Judgment by 01/16/2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due 02/27/2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due 03/19/2024. Plaintiff's Reply due April 2, 2024. (mac) (Entered: 11/28/2023)
2024-01-1619MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 01/16/2024)
2024-01-1620RESPONSE re 19 MOTION for Extension of Time to File Defendants' Dispositive Motion filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 01/16/2024)
2024-01-1721REPLY to opposition to motion re 19 MOTION for Extension of Time to File Defendants' Dispositive Motion filed by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 01/17/2024)
2024-01-18MINUTE ORDER: Granting in-part Defendants' 19 Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due February 6, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due March 19, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due April 9, 2024. The parties are reminded of their obligation to confer in good faith in an effort to resolve any discovery disputes. Signed by Judge Tanya S. Chutkan on 01/18/2024. (lcd) (Entered: 01/18/2024)
2024-01-18Set/Reset Deadlines: Defendants' Motion for Summary Judgment due February 6, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due March 19, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due April 9, 2024.(zcll) (Entered: 01/18/2024)
2024-02-05MINUTE ORDER: Granting in-part Defendants' 19 Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due February 6, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due March 19, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due April 9, 2024. Plaintiff's Reply due April 23, 2024. The parties are reminded of their obligation to confer in good faith in an effort to resolve any discovery disputes. Signed by Judge Tanya S. Chutkan on 2/5/2024. (ztl) (Entered: 02/05/2024)
2024-02-0622Consent MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 02/06/2024)
2024-02-06MINUTE ORDER: Granting Defendants' 22 Consent Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due February 23, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due April 5, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due April 26, 2024. Plaintiff's Reply due May 10, 2024. Signed by Judge Tanya S. Chutkan on 02/06/2024. (lcd) (Entered: 02/06/2024)
2024-02-06Set/Reset Deadlines: Plaintiff's Opposition & Cross-Motion for Summary Judgment due April 5, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due April 26, 2024. Plaintiff's Reply due May 10, 2024. (ztl) (Entered: 03/14/2024)
2024-02-2223Consent MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 02/22/2024)
2024-02-23MINUTE ORDER: Granting Defendants' 23 Consent Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due March 22, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due May 6, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due May 29, 2024. Plaintiff's Reply due June 13, 2024. Signed by Judge Tanya S. Chutkan on 02/23/2024. (lcd) (Entered: 02/23/2024)
2024-02-23Set/Reset Deadlines: See MO entered on 2/23/2024. (zcll) (Entered: 02/23/2024)
2024-03-2224Consent MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 03/22/2024)
2024-03-25MINUTE ORDER: Granting Defendants' 24 Consent Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due May 15, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due June 28, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due July 19, 2024. Plaintiff's Reply due August 2, 2024. Signed by Judge Tanya S. Chutkan on 03/25/2024. (lcd) (Entered: 03/25/2024)
2024-05-1525Consent MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 05/15/2024)
2024-05-16MINUTE ORDER: Granting Defendants' 25 Consent Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due July 16, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due September 2, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due September 24, 2024. Plaintiff's Reply due October 15, 2024. Signed by Judge Tanya S. Chutkan on 05/16/2024. (lcd) (Entered: 05/16/2024)
2024-05-17Set/Reset Deadlines: Defendants Motion for Summary Judgment due by 7/16/2024. Response to Motion for Summary Judgment and Cross Motion due by 9/2/2024. Reply to Motion for Summary Judgment and Response to Cross Motions due by 9/24/2024. Reply to Cross Motions due by 10/15/2024. (zed) (Entered: 05/17/2024)
2024-07-1626MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 07/16/2024)
2024-07-17MINUTE ORDER: Granting Defendants' 26 Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due August 31, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due October 15, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due November 8, 2024. Plaintiff's Reply due November 29, 2024. Future motions for extension of time will be disfavored barring extenuating circumstances. Signed by Judge Tanya S. Chutkan on 07/17/2024. (lcd) (Entered: 07/17/2024)
2024-08-2827Consent MOTION for Extension of Time to File Defendants' Dispositive Motion by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Adebonojo, Kenneth) (Entered: 08/28/2024)
2024-08-29MINUTE ORDER: Granting Defendants' 27 Consent Motion for Extension. The court resets the following deadlines. Defendants' Motion for Summary Judgment due October 1, 2024. Plaintiff's Opposition & Cross-Motion for Summary Judgment due November 15, 2024. Defendants' Reply & Opposition to Plaintiff's Cross-Motion due December 10, 2024. Plaintiff's Reply due December 31, 2024. Signed by Judge Tanya S. Chutkan on 08/29/2024. (lcd) (Entered: 08/29/2024)
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