Skip to content

Case Detail

[Subscribe to updates]
Case TitleFreedom Coalition of Doctors for Choice v. Centers for Disease Control and Prevention et al
DistrictNorthern District of Texas
CityAmarillo
Case Number2:2023cv00102
Date Filed2023-06-16
Date ClosedOpen
JudgeJudge Matthew J. Kacsmaryk
PlaintiffFreedom Coalition of Doctors for Choice
Case DescriptionFreedom Coalition of Doctors for Choice submitted a FOOIA request to the Centers for Disease Control for records concerning data obtained from v-safe user/registrants from the free text field within the v-safe program for COVID-19 vaccines. The Coalition also requested expedited processing. The agency acknowledged receipt of the request. The agency told the Coalition that it was too burdensome to respond to its request. The Coalition filed an administrative appeal. After hearing nothing further the Coalition filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Fees, 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
Complaint attachment 8
Complaint attachment 9
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-161COMPLAINT against All Defendants filed by Freedom Coalition of Doctors for Choice. (Filing fee $402; Receipt number ATXNDC-13822908) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements and Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Cover Sheet) (Sullivan, John) (Entered: 06/16/2023)
2023-06-192Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13823429) filed by Freedom Coalition of Doctors for Choice (Attachments: # 1 Exhibit(s) Exhibit - Other Admissions, # 2 Exhibit(s) Exhibit - Ohio Cert of Good Standing, # 3 Exhibit(s) Exhibit - Kentucky Cert of Good Standing, # 4 Exhibit(s) Exhibit A, # 5 Proposed Order Proposed Order)Attorney Christopher D Wiest added to party Freedom Coalition of Doctors for Choice(pty:pla) (Wiest, Christopher) (Entered: 06/19/2023)
2023-06-203New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (No magistrate judge assigned). Clerk to provide copy to plaintiff if not received electronically. (awc) (Entered: 06/20/2023)
2023-06-204Summons issued as to Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, U.S. Attorney, and U.S. Attorney General. (awc) (Entered: 06/20/2023)
2023-06-235MOTION to Proceed without Local Counsel filed by Freedom Coalition of Doctors for Choice (Sullivan, John) (Entered: 06/23/2023)
2023-06-266ORDER granting 5 MOTION to Proceed without Local Counsel. (Ordered by Judge Matthew J. Kacsmaryk on 6/26/2023) (nht) (Entered: 06/26/2023)
2023-06-267ORDER granting 2 Application for Admission Pro Hac Vice of Christopher D Wiest. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 6/26/2023) (nht) (Entered: 06/26/2023)
2023-07-118MOTION for Summary Judgment filed by Freedom Coalition of Doctors for Choice (Wiest, Christopher) (Entered: 07/11/2023)
2023-07-119Brief/Memorandum in Support filed by Freedom Coalition of Doctors for Choice re 8 MOTION for Summary Judgment (Wiest, Christopher) (Entered: 07/11/2023)
2023-07-1110Appendix in Support filed by Freedom Coalition of Doctors for Choice re 8 MOTION for Summary Judgment (Wiest, Christopher) (Entered: 07/11/2023)
2023-07-1111SUMMONS Returned Executed as to Centers for Disease Control and Prevention ; served on 7/7/2023; U.S. Department of Health and Human Services ; served on 7/7/2023. (Wiest, Christopher) (Entered: 07/11/2023)
2023-07-1412SUMMONS Returned Executed. (Wiest, Christopher) (Entered: 07/14/2023)
2023-07-3113NOTICE of Attorney Appearance by Sarah Elizabeth Delaney-DOJ on behalf of Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Filer confirms contact info in ECF is current.) (Delaney-DOJ, Sarah) (Entered: 07/31/2023)
2023-07-3114MOTION Under Rule 56(d) to Defer Consideration of or Deny Plaintiff's Motion for Summary Judgment, or, in the Alternative,, MOTION for Extension of Time to File Response/Reply to 8 MOTION for Summary Judgment () filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Attachments: # 1 Declaration(s)) (Delaney-DOJ, Sarah) (Entered: 07/31/2023)
2023-08-0715MOTION to Dismiss filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Delaney-DOJ, Sarah) (Entered: 08/07/2023)
2023-08-0716Appendix in Support filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re 15 MOTION to Dismiss (Delaney-DOJ, Sarah) (Entered: 08/07/2023)
2023-08-0717CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Clerk QC note: No affiliate entered in ECF). (Delaney-DOJ, Sarah) (Entered: 08/07/2023)
2023-08-2118MEMORANDUM OF LAW in Opposition filed by Freedom Coalition of Doctors for Choice re: 14 MOTION Under Rule 56(d) to Defer Consideration of or Deny Plaintiff's Motion for Summary Judgment, or, in the Alternative,MOTION for Extension of Time to File Response/Reply to 8 MOTION for Summary Judgment (Sullivan, John) Modified title on 8/22/2023 (daa). (Entered: 08/21/2023)
2023-08-2819RESPONSE filed by Freedom Coalition of Doctors for Choice re: 15 MOTION to Dismiss (Sullivan, John) (Entered: 08/28/2023)
2023-08-2820Appendix in Support filed by Freedom Coalition of Doctors for Choice re 19 Response/Objection to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit(s) 1 - Declaration of Richard Bartlett, M.D.) (Sullivan, John) (Entered: 08/28/2023)
2023-09-0521REPLY filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re: 14 MOTION Under Rule 56(d) to Defer Consideration of or Deny Plaintiff's Motion for Summary Judgment, or, in the Alternative,MOTION for Extension of Time to File Response/Reply to 8 MOTION for Summary Judgment (Delaney-DOJ, Sarah) (Entered: 09/05/2023)
2023-09-1122REPLY filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re: 15 MOTION to Dismiss (Delaney-DOJ, Sarah) (Entered: 09/11/2023)
2023-11-0323ORDER: Defendants' Motion to Dismiss for improper venue is DENIED because the Court finds that Plaintiff has carried its burden to establish that its principal place of business, indeed its only place of business, is in Amarillo, Texas. Defendants' Rule 56 Motion is DENIED, insofar as it moves the Court to deny or defer consideration of Plaintiff's Summary Judgment Motion as premature or to conduct discovery, because the Court has determined venue is proper. For the same reason, discovery into venue is also DENIED. Finally, Defendants' request for twenty-one (21) days extension to respond to Plaintiff's Motion for Summary Judgment is GRANTED. Defendants are ORDERED to file their response to Plaintiff's Motion for Summary Judgment within twenty one (21) days of this Order, with any reply thereto due fourteen (14) days after Defendants' response is filed. re: 14 MOTION Under Rule 56(d), Motion for Extension of Time to File Response, 15 Motion to Dismiss (Ordered by Judge Matthew J. Kacsmaryk on 11/3/2023) (cmk) (Entered: 11/03/2023)
2023-11-0824MOTION (Unopposed) to Set Briefing Schedule for Cross-Motions for Summary Judgment filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services with Brief/Memorandum in Support. (Delaney-DOJ, Sarah) (Entered: 11/08/2023)
2023-11-1325ORDER granting 24 MOTION (Unopposed) to Set Briefing Schedule for Cross-Motions for Summary Judgment: (SEE ORDER FOR DEADLINES). (Ordered by Judge Matthew J. Kacsmaryk on 11/13/2023) (cmk) (Entered: 11/13/2023)
2023-11-1726ANSWER to 1 Complaint,,,,, filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Delaney-DOJ, Sarah) (Entered: 11/17/2023)
2023-11-2427Cross MOTION for Summary Judgment filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services (Delaney-DOJ, Sarah) (Entered: 11/24/2023)
2023-11-2428RESPONSE filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re: 8 MOTION for Summary Judgment (Delaney-DOJ, Sarah) (Entered: 11/24/2023)
2023-11-2429Brief/Memorandum in Support filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re 28 Response/Objection, 27 Cross MOTION for Summary Judgment (Delaney-DOJ, Sarah) (Entered: 11/24/2023)
2023-11-2430Appendix in Support filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re 27 Cross MOTION for Summary Judgment (Delaney-DOJ, Sarah) (Entered: 11/24/2023)
2023-12-0431Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14216403) filed by Freedom Coalition of Doctors for Choice (Attachments: # 1 Proposed Order)Attorney Aaron Siri added to party Freedom Coalition of Doctors for Choice(pty:pla) (Siri, Aaron) (Entered: 12/04/2023)
2023-12-0432Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14216427) filed by Freedom Coalition of Doctors for Choice (Attachments: # 1 Proposed Order)Attorney Elizabeth A Brehm added to party Freedom Coalition of Doctors for Choice(pty:pla) (Brehm, Elizabeth) (Entered: 12/04/2023)
2023-12-0633ORDER deferring ruling on 31 Application for Admission Pro Hac Vice of Aaron Siri: Plaintiff is ORDERED, within fourteen (14) days, on or before December 20, 2023, to: (1) retain local counsel and notify the Court in compliance with Local Civil Rule 83.10; or (2) move for leave to proceed without local counsel, showing good cause for an exception from Local Civil Rule 83.10. (Ordered by Judge Matthew J. Kacsmaryk on 12/6/2023) (cmk) (Entered: 12/06/2023)
2023-12-0634ORDER deferring ruling on 32 Application for Admission Pro Hac Vice of Elizabeth Brehm: Plaintiff is ORDERED, within fourteen (14) days, on or before December 20, 2023, to: (1) retain local counsel and notify the Court in compliance with Local Civil Rule 83.10; or (2) move for leave to proceed without local counsel, showing good cause for an exception from Local Civil Rule 83.10. (Ordered by Judge Matthew J. Kacsmaryk on 12/6/2023) (cmk) (Entered: 12/06/2023)
2023-12-0835REPLY filed by Freedom Coalition of Doctors for Choice re: 8 MOTION for Summary Judgment , 27 Cross MOTION for Summary Judgment (Sullivan, John) (Entered: 12/08/2023)
2023-12-0836Appendix in Support filed by Freedom Coalition of Doctors for Choice re 35 Reply in Support of Plaintiffs' Motion for Summary Judgment and Response to Defendants' Cross-Motion for Summary Judgment (Sullivan, John) (Entered: 12/08/2023)
2023-12-1337MOTION Proceed without Local Counsel filed by Freedom Coalition of Doctors for Choice (Siri, Aaron) (Entered: 12/13/2023)
2023-12-1438ORDER granting 37 Motion; 31 Application for Admission Pro Hac Vice of Aaron Siri. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g).; 32 Application for Admission Pro Hac Vice of Elizabeth Brehm. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Matthew J. Kacsmaryk on 12/14/2023) (nht) (Entered: 12/15/2023)
2023-12-2939REPLY filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services re: 27 Cross MOTION for Summary Judgment (Delaney-DOJ, Sarah) (Entered: 12/29/2023)
2024-01-0540MEMORANDUM ORDER AND OPINION: See Order for Specifics. re: 8 Motion for Summary Judgment filed by Freedom Coalition of Doctors for Choice, 27 Motion for Summary Judgment filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services (Ordered by Judge Matthew J. Kacsmaryk on 1/5/2024) (vls) (Main Document 40 replaced on 1/5/2024) (vls). (Main Document 40 replaced on 1/8/2024) (vls). (Entered: 01/05/2024)
2024-01-0841Notice re 40 Memorandum Opinion and Order (vls) (Entered: 01/08/2024)
2024-01-1242Joint MOTION for Extension of Time to File Motion for Attorneys' Fees filed by Freedom Coalition of Doctors for Choice (Attachments: # 1 Proposed Order) (Sullivan, John) (Entered: 01/12/2024)
2024-01-1843ORDER granting 42 Motion for Extension of Time to File. The Court therefore GRANTS the Motion and ORDERS that Plaintiffs file a motion for attorneys' fees and costs no later than March 17, 2025 at 11:59 p.m. CST. (Ordered by Judge Matthew J. Kacsmaryk on 1/18/2024) (nht) (Entered: 01/18/2024)
2024-04-0144Joint STATUS REPORT filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Delaney-DOJ, Sarah) (Entered: 04/01/2024)
2024-05-1745MOTION and NOTICE of Correspondence to the Court filed by Freedom Coalition of Doctors for Choice (Brehm, Elizabeth) Modified - added motion on 6/27/2024 (nht). (Entered: 05/17/2024)
2024-06-2646Joint STATUS REPORT filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Delaney-DOJ, Sarah) (Entered: 06/26/2024)
2024-06-2747ORDER denying 45 MOTION and NOTICE of Correspondence to the Court (Ordered by Judge Matthew J. Kacsmaryk on 6/27/2024) (nht) (Entered: 06/27/2024)
2024-09-2448Joint STATUS REPORT filed by Centers for Disease Control and Prevention, U.S. Department of Health and Human Services. (Delaney-DOJ, Sarah) (Entered: 09/24/2024)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar