Skip to content

Case Detail

[Subscribe to updates]
Case TitleU.S. Right to Know v. National Institutes of Health
DistrictNorthern District of California
CityOakland
Case Number4:2023cv02954
Date Filed2023-06-15
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffU.S. Right to Know
Case DescriptionU.S. Right to Know submitted two FOIA requests to the National Institute of Health. Its first request asked for records relating to SARS-Cov-2 virus and COVID-19 pandemic in the United States. USTRK also requested a fee waiver. Its second request asked for email correspondence to or from Dr. David Morens with EcoHealth Alliance. USTRK also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, USTRK filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Institutes of Health
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-151COMPLAINT against National Institutes of Health ( Filing fee $ 402, receipt number ACANDC-18365298.). Filed byU.S. Right to Know. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Rivo, Lily) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-152Corporate Disclosure Statement by U.S. Right to Know (Rivo, Lily) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-153Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/29/2023. (bw, COURT STAFF) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-154Proposed Summons. (Attachments: # 1 Summons Summons Additional Defendants)(Rivo, Lily) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-155Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/12/2023. Initial Case Management Conference set for 9/19/2023 01:30 PM in Oakland, - To be determined. (cv, COURT STAFF) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-156Summons Issued as to National Institutes of Health, U.S. Attorney and U.S. Attorney General (cv, COURT STAFF) (Filed on 6/15/2023) (Entered: 06/15/2023)
2023-06-207CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Right to Know.. (Rivo, Lily) (Filed on 6/20/2023) (Entered: 06/20/2023)
2023-07-058MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18418640.) Filing fee previously paid on 07/05/2023 filed by U.S. Right to Know. (Snyder, Daniel) (Filed on 7/5/2023) (Entered: 07/05/2023)
2023-07-139Order by Magistrate Judge Kandis A. Westmore granting 8 Motion for Pro Hac Vice as to Daniel C. Snyder. (wft, COURT STAFF) (Filed on 7/13/2023) (Entered: 07/13/2023)
2023-07-2410NOTICE by U.S. Right to Know of Unavailability of Counsel (Snyder, Daniel) (Filed on 7/24/2023) (Entered: 07/24/2023)
2023-08-0211STIPULATION filed by National Institutes of Health. (Bernardoni, Jevechius) (Filed on 8/2/2023) (Entered: 08/02/2023)
2023-08-0812SUMMONS Returned Executed (FOIA) by U.S. Right to Know. National Institutes of Health served on 7/24/2023, answer due 8/23/2023. NIH c/o A.G. Office (Rivo, Lily) (Filed on 8/8/2023) (Entered: 08/08/2023)
2023-08-0813SUMMONS Returned Executed (FOIA) by U.S. Right to Know. National Institutes of Health served on 7/13/2023, answer due 8/23/2023. NIH c/o U.S. Attny Office (Rivo, Lily) (Filed on 8/8/2023) (Entered: 08/08/2023)
2023-08-0814SUMMONS Returned Executed (FOIA) by U.S. Right to Know. National Institutes of Health served on 8/7/2023, answer due 9/6/2023. (Rivo, Lily) (Filed on 8/8/2023) (Entered: 08/08/2023)
2023-08-0815ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Snyder, Daniel) (Filed on 8/8/2023) (Entered: 08/08/2023)
2023-08-2816ANSWER to Complaint byNational Institutes of Health. (Bernardoni, Jevechius) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-08-2817CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Institutes of Health.. (Bernardoni, Jevechius) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-08-2818ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bernardoni, Jevechius) (Filed on 8/28/2023) (Entered: 08/28/2023)
2023-09-1219STIPULATION WITH PROPOSED ORDER and Joint Initial Case Management Statement filed by National Institutes of Health. (Bernardoni, Jevechius) (Filed on 9/12/2023) (Entered: 09/12/2023)
2023-09-1420INITIAL CASE MANAGEMENT STATEMENT; ORDER by Magistrate Judge Kandis A. Westmore granting 19 Stipulation. Joint Case Management Statement due by 10/10/2023. Initial Case Management Conference set for 10/17/2023 at 01:30 PM - Videoconference Only. (kc, COURT STAFF) (Filed on 9/14/2023) (Entered: 09/14/2023)
2023-10-1021STIPULATION WITH PROPOSED ORDER filed by National Institutes of Health. (Bernardoni, Jevechius) (Filed on 10/10/2023) (Entered: 10/10/2023)
2023-10-1222Order by Magistrate Judge Kandis A. Westmore granting 21 Stipulation to Continue Case Management Conference. Updated Joint Case Management Statement due by 11/7/2023. Initial Case Management Conference set for 11/14/2023 01:30 PM in Oakland, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF) (Filed on 10/12/2023) (Entered: 10/12/2023)
2023-11-0723STIPULATION WITH PROPOSED ORDER filed by National Institutes of Health. (Bernardoni, Jevechius) (Filed on 11/7/2023) (Entered: 11/07/2023)
2023-11-0924ORDER by Magistrate Judge Kandis A. Westmore granting 23 Stipulation. Status Report due by 7/29/2024. (kc, COURT STAFF) (Filed on 11/9/2023) (Entered: 11/09/2023)
2024-07-2625STIPULATION WITH PROPOSED ORDER and Joint Status Report filed by National Institutes of Health. (Bernardoni, Jevechius) (Filed on 7/26/2024) (Entered: 07/26/2024)
2024-08-0126Order by Magistrate Judge Kandis A. Westmore granting 25 Stipulation and Joint Status Report. Joint Status Report due by 1/13/2025. (wft, COURT STAFF) (Filed on 8/1/2024) (Entered: 08/01/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar