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Case TitleTOBIAS v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01867
Date Filed2023-06-27
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffJIMMY TOBIAS
Case DescriptionJournalist Jimmy Tobias submitted four FOIA requests to the National Institute of Health for records concerning emails and calendars for several NIH officials, including Anthony Fauci. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTES OF HEALTH
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-06-271COMPLAINT against NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10167838) filed by JIMMY TOBIAS. (Attachments: # 1 Exhibit 1-9, # 2 Civil Cover Sheet, # 3 Summons)(Topic, Matthew) (Entered: 06/27/2023)
2023-06-272SEALED DOCUMENT filed by JIMMY TOBIAS(This document is SEALED and only available to authorized persons.)(Topic, Matthew) (Entered: 06/27/2023)
2023-06-273NOTICE of Appearance by Matthew Topic on behalf of JIMMY TOBIAS (Topic, Matthew) (Entered: 06/27/2023)
2023-06-28Case Assigned to Judge Colleen Kollar-Kotelly. (zljn) (Entered: 06/28/2023)
2023-06-284SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 06/28/2023)
2023-07-065ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 7/6/23. (DM) (Entered: 07/06/2023)
2023-07-276NOTICE of Appearance by Christina O'Tousa on behalf of NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (O'Tousa, Christina) (Entered: 07/27/2023)
2023-07-277Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 07/27/2023)
2023-07-28MINUTE ORDER. The Court is in receipt of the 7 Unopposed Motion for Extension of Time to Respond to Complaint, in which Defendants explain that they need "additional time to review the Complaint, confer with the agencies, and prepare the response." This is Defendants' first motion for an extension and Plaintiff consents. The Court GRANTS the 7 Unopposed Motion and ORDERS that Defendants shall respond to the 1 Complaint by no later than AUGUST 30, 2023. Signed by Judge Colleen Kollar-Kotelly on 7/28/23. (lcckk3) (Entered: 07/28/2023)
2023-07-28Set/Reset Deadlines: Answer to 1 due by 8/30/2023. (dot) (Entered: 07/28/2023)
2023-08-308ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(O'Tousa, Christina) (Entered: 08/30/2023)
2023-08-319ORDER regarding meet and confer, Joint Status Report due by OCTOBER 11, 2023. See Order for more details. Signed by Judge Colleen Kollar-Kotelly on 8/31/23. (lcckk3) (Entered: 08/31/2023)
2023-08-31Set/Reset Deadlines: Joint Meet & Confer Statement due by 10/11/2023. (dot) (Entered: 09/18/2023)
2023-10-1110Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 10/11/2023)
2023-10-12MINUTE ORDER. The Court is in receipt of the 10 Joint Status Report providing an update on Defendants' search and processing of potentially responsive records in response to Plaintiff's FOIA request. Defendants indicate that they believe it is premature to propose a briefing schedule, as they are still conducting this search. The Court ORDERS the parties to file a Joint Status Report on JANUARY 9, 2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. Signed by Judge Colleen Kollar-Kotelly on 10/12/23. (lcckk3) (Entered: 10/12/2023)
2023-10-12Set/Reset Deadlines: Joint Status Report due by 1/9/2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. (dot) (Entered: 10/16/2023)
2024-01-0911Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 01/09/2024)
2024-03-13MINUTE ORDER. By Minute Order on October 12, 2023, the Court ordered the parties to file a Joint Status Report on January 9, 2024 and every sixty days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. While the parties filed said report on January 9, 2024, they did not by the next deadline (March 9, 2024). The Court now ORDERS the parties to file a Joint Status Report on MARCH 15, 2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. Signed by Judge Colleen Kollar-Kotelly on 3/13/24. (lcckk3) (Entered: 03/13/2024)
2024-03-13Set/Reset Deadlines: Joint Status Report due by 3/15/2024, and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter.(dot) (Entered: 03/13/2024)
2024-03-22MINUTE ORDER. By Minute Order on October 12, 2023, the Court ordered the parties to file a Joint Status Report on January 9, 2024 and every sixty days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. While the parties filed said report on January 9, 2024, they failed to file a report by the next deadline (March 9, 2024). In light of this deficiency, the Court then ordered the parties to file a Joint Status Report by March 15, 2024 and every sixty days thereafter. The parties again failed to file such a report by March 15, 2024. The Court ORDERS the parties to file a Joint Status Report by MARCH 29, 2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. Failure to meet the March 29, 2024 deadline -- which would be the third missed deadline -- will result in possible adverse action. Signed by Judge Colleen Kollar-Kotelly on 3/22/24. (lcckk3) (Entered: 03/22/2024)
2024-03-22Set/Reset Deadlines: Joint Status Report due by 3/29/2024 and every sixty (60) days thereafter providing an update on the status of Plaintiff's FOIA request and plans for proceeding in this matter. (dot) (Entered: 03/25/2024)
2024-03-2712NOTICE of Appearance by Merrick Jason Wayne on behalf of JIMMY TOBIAS (Wayne, Merrick) (Entered: 03/27/2024)
2024-03-2713Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 03/27/2024)
2024-05-2814Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 05/28/2024)
2024-07-2615NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 07/26/2024)
2024-07-2616Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Schreiber, Alexander) (Entered: 07/26/2024)
2024-08-3017NOTICE OF WITHDRAWAL OF APPEARANCE as to NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. Attorney Alexander Schreiber terminated. (O'Tousa, Christina) (Entered: 08/30/2024)
2024-09-2418Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (O'Tousa, Christina) (Entered: 09/24/2024)
2024-09-2419ERRATA Joint Status Report (Corrected Proposed Due Date for Next Joint Status Report) by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES re 18 Status Report. (O'Tousa, Christina) (Entered: 09/24/2024)
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