Skip to content

Case Detail

[Subscribe to updates]
Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv02802
Date Filed2023-09-23
Date Closed2023-11-09
JudgeJudge Tanya S. Chutkan
PlaintiffINFORMED CONSENT ACTION NETWORK
also known as "ICAN"
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning the smallpox and Mpox vaccines in response to survey/health check-in questions with pre-populated response options. The agency acknowledged receipt of the request 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
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-09-231COMPLAINT against CENTERS FOR DISEASE CONTROL AND PREVENTION ( Filing fee $ 402 receipt number ADCDC-10372584) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons to CDC, # 7 Summons to USAG, # 8 Summons to USAO)(Brehm, Elizabeth) (Entered: 09/23/2023)
2023-09-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 09/23/2023)
2023-09-233MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10372588. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 09/23/2023)
2023-09-26Case Assigned to Judge Tanya S. Chutkan. (zcb) (Entered: 09/26/2023)
2023-09-264SUMMONS (3) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 09/26/2023)
2023-10-025RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/26/2023. Answer due for ALL FEDERAL DEFENDANTS by 10/26/2023. (Brehm, Elizabeth) (Entered: 10/02/2023)
2023-10-026RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 9/29/2023 (Brehm, Elizabeth) (Entered: 10/02/2023)
2023-10-027RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/2/2023. (Brehm, Elizabeth) (Entered: 10/02/2023)
2023-10-238NOTICE of Appearance by Marsha Wellknown Yee on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION (Yee, Marsha) (Entered: 10/23/2023)
2023-10-269ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION.(Yee, Marsha) (Entered: 10/26/2023)
2023-10-27MINUTE 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 12/8/23. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 10/27/2023. (lca) (Entered: 10/27/2023)
2023-10-27MINUTE ORDER: Granting 3 Motion for Leave to Appear Pro Hac Vice. Richard Scott Pietrowski is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions . Signed by Judge Tanya S. Chutkan on 10/27/2023. (lca) (Entered: 10/27/2023)
2023-10-30Set/Reset Deadlines: Parties Joint Status Report due by 12/8/2023. (mac) (Entered: 10/30/2023)
2023-11-0810STIPULATION of Dismissal by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 11/08/2023)
2023-11-09MINUTE ORDER DISMISSING CASE: In light of the parties' 10 Stipulation of Dismissal, this action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of the Court shall close this case. Signed by Judge Tanya S. Chutkan on 11/9/2023. (lca) (Entered: 11/09/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar