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Case TitleINFORMED CONSENT ACTION NETWORK v. FOOD AND DRUG ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03282
Date Filed2023-11-02
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted two FOIA requests to the FDA for records concerning emails to a list of named individuals involved with covid vaccines. ICAN also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests and denied ICAN's request for expedited processing. ICAN filed suit, challenging the denial of expedited processing.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFOOD AND DRUG ADMINISTRATION
DefendantFOOD AND DRUG ADMINISTRATION "FDA"
DefendantDEPARTMENT OF HEALTH AND HUMAN SERVICES "DHS"
DefendantDEPARTMENT 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
Complaint attachment 10
Complaint attachment 11
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-021COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10467858) 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 FDA, # 9 Summons to HHS, # 10 Summons to USAG, # 11 Summons to USAO)(Brehm, Elizabeth) (Entered: 11/02/2023)
2023-11-022LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 11/02/2023)
2023-11-023MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10467927. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 11/02/2023)
2023-11-03NOTICE OF ERROR re 3 Motion for Leave to Appear Pro Hac Vice; emailed to ebrehm@sirillp.com, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Need Pro Hac Vice Letter of Good Standing (cb, ) (Entered: 11/03/2023)
2023-11-034ERRATA by INFORMED CONSENT ACTION NETWORK re 3 Motion for Leave to Appear Pro Hac Vice. (Brehm, Elizabeth) (Entered: 11/03/2023)
2023-11-03Case Assigned to Judge Amy Berman Jackson. (zcb) (Entered: 11/03/2023)
2023-11-035SUMMONS (4) Issued Electronically as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zcb) (Entered: 11/03/2023)
2023-11-216RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FOOD AND DRUG ADMINISTRATION served on 11/13/2023 (Pietrowski, Richard) (Entered: 11/21/2023)
2023-11-217ERRATA by INFORMED CONSENT ACTION NETWORK re 6 Summons Returned Executed as to Federal Defendant. (Brehm, Elizabeth) (Entered: 11/21/2023)
2023-11-218RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 11/13/2023 (Brehm, Elizabeth) (Entered: 11/21/2023)
2023-11-219RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/14/2023. (Brehm, Elizabeth) (Entered: 11/21/2023)
2023-11-2110RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/6/2023. Answer due for ALL FEDERAL DEFENDANTS by 12/6/2023. (Brehm, Elizabeth) (Entered: 11/21/2023)
2023-12-0611ANSWER to Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION.(Escher, Sam) (Entered: 12/06/2023)
2023-12-06MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before January 3, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/6/2023. (lcabj2) (Entered: 12/06/2023)
2023-12-2212Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION. (Escher, Sam) (Entered: 12/22/2023)
2023-12-26MINUTE ORDER. In light of the 12 joint status report, the parties are ORDERED to file another joint status report by February 2, 2024. Signed by Judge Amy Berman Jackson on 12/26/2023. (lcabj2) (Entered: 12/26/2023)
2024-01-08MINUTE ORDER granting 3 Motion for Leave of R. Scoot Pietrowski to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. 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 Amy Berman Jackson on 1/8/24. (DMK) (Entered: 01/08/2024)
2024-01-0813NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 01/08/2024)
2024-02-0114Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION. (Escher, Sam) (Entered: 02/01/2024)
2024-02-08MINUTE ORDER. In light of the 14 joint status report, the parties are ORDERED to file another joint status report by March 5, 2024. Signed by Judge Amy Berman Jackson on 2/8/2024. (lcabj2) (Entered: 02/08/2024)
2024-02-2915Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION. (Escher, Sam) (Entered: 02/29/2024)
2024-03-01MINUTE ORDER. In light of the 15 joint status report, the parties are ORDERED to file another joint status report by April 9, 2024. Signed by Judge Amy Berman Jackson on 3/1/2024. (lcabj2) (Entered: 03/01/2024)
2024-03-2216MOTION to Amend/Correct 1 Complaint, by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit A, # 2 Memorandum in Support, # 3 Text of Proposed Order)(Pietrowski, Richard) (Entered: 03/22/2024)
2024-03-22MINUTE ORDER granting 16 Motion to Amend Complaint. It is ORDERED that plaintiff's 16 motion to amend its complaint is GRANTED. The Clerk of Court is directed to docket the [16-1] proposed amended complaint. Defendants must respond to the amended complaint by April 22, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/22/2024. (lcabj2) (Entered: 03/22/2024)
2024-03-2217AMENDED COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION filed by INFORMED CONSENT ACTION NETWORK.(zdp) (Entered: 03/26/2024)
2024-04-2218ANSWER to 17 Amended Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION.(Escher, Sam) (Entered: 04/22/2024)
2024-04-22MINUTE ORDER. MINUTE ORDER. Before the Court in this FOIA case are an amended complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before May 13, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 4/22/2024. (lcabj2) (Entered: 04/22/2024)
2024-05-0519Joint STATUS REPORT by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION. (Escher, Sam) (Entered: 05/05/2024)
2024-05-17MINUTE ORDER. In light of the parties' Joint Status Report 19 , it is ORDERED that defendants' Open America motion is due June 13, 2024, plaintiff's opposition is due July 11, 2024, and defendants' reply is due August 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/17/24. (DMK) (Entered: 05/17/2024)
2024-05-17Set/Reset Deadlines: Motion due by 6/13/2024. (zkh) (Entered: 05/17/2024)
2024-06-1320MOTION to Stay by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Burk Declaration, # 2 PHMPT II Order, # 3 Text of Proposed Order)(Escher, Sam) (Entered: 06/13/2024)
2024-07-1121RESPONSE re 20 MOTION to Stay filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Text of Proposed Order)(Pietrowski, Richard) (Entered: 07/11/2024)
2024-08-0122REPLY to opposition to motion re 20 MOTION to Stay filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES, FOOD AND DRUG ADMINISTRATION. (Attachments: # 1 Attachment A - Kotler Declaration)(Escher, Sam) (Entered: 08/01/2024)
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