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Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02586
Date Filed2023-09-06
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted two FOIA requests to the National Institute of Health for records. The first FOIA request asked for emails sent to or received by Dr. Francis Collins that include Jeremy Farrar in the to/from line. ICAN also requested expedited processing. The agency acknowledged receipt of the request but denied ICAN's request for expedited processing. ICAN's second FOIA request asked for emails sent to or from Anthony Fauci that include Jeremy Farrar's name in the to/from line of the email. ICAN also requested expedited processing for that request. The agency acknowledged receipt of the request but denied ICAN's request for expedited processing. ICAN then filed suit challenging the denial of expedited processing.
Complaint issues: Failure to respond within statutory time limit, Expedited processing - Compelling Need, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTES OF HEALTH
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
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-061COMPLAINT against NATIONAL INSTITUTES OF HEALTH ( Filing fee $ 402 receipt number ADCDC-10330383) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Summons to NIH, # 9 Summons to USAO, # 10 Summons to USAG)(Brehm, Elizabeth) (Entered: 09/06/2023)
2023-09-062LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 09/06/2023)
2023-09-063NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 09/06/2023)
2023-09-06Case Assigned to Judge Carl J. Nichols. (zljn) (Entered: 09/06/2023)
2023-09-064SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zljn) (Entered: 09/06/2023)
2023-09-115MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10342468. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 09/11/2023)
2023-09-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/7/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/7/2023. (Brehm, Elizabeth) (Entered: 09/19/2023)
2023-09-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/11/2023. (Brehm, Elizabeth) (Entered: 09/19/2023)
2023-09-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 9/11/2023 (Brehm, Elizabeth) (Entered: 09/19/2023)
2023-09-229ENTERED IN ERROR.....Cross MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Statement of Facts, # 5 Text of Proposed Order)(Brehm, Elizabeth) Modified on 9/22/2023 (ztth). (Entered: 09/22/2023)
2023-09-22NOTICE OF ERROR regarding 9 Cross MOTION for Summary Judgment . The following error(s) need correction: Document filed in the incorrect case. (ztth) (Entered: 09/22/2023)
2023-10-0510NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 10/05/2023)
2023-10-0511Consent MOTION for Extension of Time to File Answer re 1 Complaint, by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 10/05/2023)
2023-10-1012STANDING ORDER. Signed by Judge Carl J. Nichols on October 10, 2023. (lccjn2) (Entered: 10/10/2023)
2023-10-10MINUTE ORDER. The Court having considered the 5 Motion for Leave to Appear Pro Hac Vice of R. Scott Pietrowski, and it appearing to the Court that the attorneys referenced therein meet the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that R. Scott Pietrowski is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . SO ORDERED by Judge Carl J. Nichols on October 10, 2023. (lccjn2) (Entered: 10/10/2023)
2023-10-1713NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 10/17/2023)
2023-11-0914ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH.(Curteman, Dedra) (Entered: 11/09/2023)
2023-11-22MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before December 15, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request[s] and any discussions regarding whether Plaintiffs request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. So ORDERED by Judge Carl J. Nichols on November 22, 2023. (lccjn2) (Entered: 11/22/2023)
2023-11-22Set/Reset Deadlines: Joint Status Report due by 12/15/2023. (zcam) (Entered: 11/27/2023)
2023-11-2715NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-2801. (Curteman, Dedra) (Entered: 11/27/2023)
2023-11-2716NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-3269. (Curteman, Dedra) (Entered: 11/27/2023)
2023-11-2717NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-3270. (Curteman, Dedra) (Entered: 11/27/2023)
2023-11-2718NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 23-3361. (Curteman, Dedra) (Entered: 11/27/2023)
2023-11-2919Consent MOTION to Consolidate Cases by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 11/29/2023)
2023-12-1220Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 12/12/2023)
2023-12-2021ERRATA by NATIONAL INSTITUTES OF HEALTH re 19 Motion to Consolidate Cases. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 12/20/2023)
2024-01-0222Consent MOTION to Consolidate Cases by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/02/2024)
2024-01-0223Consent MOTION to Consolidate Cases by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/02/2024)
2024-01-0224Consent MOTION to Consolidate Cases by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Curteman, Dedra) (Entered: 01/02/2024)
2024-02-26MINUTE ORDER. Although the Court does not believe that the referenced cases satisfy the standard in LCvR 40.5, in light of the parties' consent regarding consolidation, it is ORDERED that the 19 , 22 , 23 , and 24 consent motions to consolidate are GRANTED. It is further ORDERED that 23-cv-2586 (CJN), 23-cv-2801 (CJN), 23-cv-3361 (JMC), 23-cv-3269 (ABJ), and 23-cv-3270 (RC) are consolidated. It is further ORDERED that all future filings in these consolidated actions shall be made in 23-cv-2586. So ORDERED by Judge Carl J. Nichols on February 26, 2024. (lccjn2) (Entered: 02/26/2024)
2024-02-26Cases Consolidated: The following cases have been consolidated with this case: 23-cv-2801, 23-cv-3361, 23-cv-3269, 23-cv-3270. pursuant to Order on Motion to Consolidate Cases,,,,,,,,,,,. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp) (Entered: 03/21/2024)
2024-03-2825Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 03/28/2024)
2024-05-2926Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 05/29/2024)
2024-06-13MINUTE ORDER. The 11 Motion for Extension of Time is GRANTED nunc pro tunc. So ORDERED by Judge Carl J. Nichols on June 13, 2024. (lccjn2) (Entered: 06/13/2024)
2024-08-2727Joint STATUS REPORT by NATIONAL INSTITUTES OF HEALTH. (Curteman, Dedra) (Entered: 08/27/2024)
2024-08-30MINUTE ORDER. The Court is in receipt of the 27 Joint Status Report. It is ORDERED that the parties shall file a Joint Status Report on October 29, 2024, and every 60 days thereafter, until either party moves for a briefing schedule for dispositive motions, files a dispositive motion, or the case is terminated. So ORDERED by Judge Carl J. Nichols on August 30, 2024. (lccjn2) (Entered: 08/30/2024)
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