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Case TitleINFORMED CONSENT ACTION NETWORK v. HEALTH RESOURCES AND SERVICES ADMINISTRATION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv01060
Date Filed2024-04-12
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to Health Resources and Services Administration for records concerning members of the qualified independent panel tasked with reexamining countermeasures injury compensation program initial determination. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Vaughn index

DefendantHEALTH RESOURCES AND SERVICES ADMINISTRATION
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-04-121COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10825988) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Summons to HRSA, # 5 Summons to HHS, # 6 Summons to USAG, # 7 Summons to USAO)(Lucas, Allison) (Entered: 04/12/2024)
2024-04-122LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Lucas, Allison) (Entered: 04/12/2024)
2024-04-123NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 04/12/2024)
2024-04-15Case Assigned to Judge Jia M. Cobb. (znmw) (Entered: 04/15/2024)
2024-04-154SUMMONS (4) Issued Electronically as to HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/15/2024)
2024-04-195RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HEALTH RESOURCES AND SERVICES ADMINISTRATION served on 4/18/2024 (Brehm, Elizabeth) (Entered: 04/19/2024)
2024-04-196RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 4/18/2024 (Brehm, Elizabeth) (Entered: 04/19/2024)
2024-04-197RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/19/2024. (Brehm, Elizabeth) (Entered: 04/19/2024)
2024-04-198RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/15/2024. Answer due for ALL FEDERAL DEFENDANTS by 5/15/2024. (Brehm, Elizabeth) (Entered: 04/19/2024)
2024-05-019NOTICE of Appearance by Bradley Silverman on behalf of HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Silverman, Bradley) (Entered: 05/01/2024)
2024-05-1510ANSWER to Complaint by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Silverman, Bradley) (Entered: 05/15/2024)
2024-05-17MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by May 31, 2024. Signed by Judge Jia M. Cobb on May 17, 2024. (lcjmc1) (Entered: 05/17/2024)
2024-05-3111Joint STATUS REPORT by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 05/31/2024)
2024-06-0312SCHEDULING ORDER: Joint status report due July 31, 2024, and every 90 days thereafter until further order of the Court. See document for scheduling order and information concerning case procedures. Signed by Judge Jia M. Cobb on June 3, 2024. (lcjmc2) (Entered: 06/03/2024)
2024-07-3113Joint STATUS REPORT by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 07/31/2024)
2024-09-0614Joint STATUS REPORT by INFORMED CONSENT ACTION NETWORK. (Lucas, Allison) (Entered: 09/06/2024)
2024-09-10MINUTE ORDER re 14 Joint Status Report: The Court has reviewed the Parties' 14 Joint Status Report and ORDERS that the following briefing schedule shall govern. Plaintiff's motion for summary judgment is due October 7, 2024. Defendants' opposition and cross-motion for summary judgment are due November 5, 2024. Plaintiff's reply and cross-opposition are due December 5, 2024. Defendants' cross-reply is due January 6, 2025. The Parties are no longer required to submit joint status reports every 90 days. Signed by Judge Jia M. Cobb on September 10, 2024. (lcjmc2) (Entered: 09/10/2024)
2024-10-0715MOTION for Summary Judgment by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Allison R. Lucas, # 4 Text of Proposed Order)(Lucas, Allison) (Entered: 10/07/2024)
2024-10-3116Consent MOTION to Modify Briefing Schedule by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 10/31/2024)
2024-11-01MINUTE ORDER granting 16 Consent Motion to Modify Briefing Schedule: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that the following briefing schedule shall govern: Defendants shall file their cross-motion for summary judgment and response to Plaintiff's motion for summary judgment by December 5, 2024; Plaintiff shall file its reply and cross-response by January 6, 2025; and Defendants shall file their cross-reply by February 6, 2025. Signed by Judge Jia M. Cobb on November 1, 2024. (lcjmc2) (Entered: 11/01/2024)
2024-11-2517NOTICE of Appearance by Alycia A Perkins on behalf of INFORMED CONSENT ACTION NETWORK (Perkins, Alycia) (Entered: 11/25/2024)
2024-11-2518NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 11/25/2024)
2024-11-2519NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Allison Lucas terminated. (Brehm, Elizabeth) (Entered: 11/25/2024)
2024-12-0520Cross MOTION for Summary Judgment by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Nair Decl., # 4 Exhibits to Nair Decl., # 5 Grimes Decl., # 6 Exhibits to Grimes Decl., # 7 May Decl., # 8 Text of Proposed Order)(Silverman, Bradley) (Entered: 12/05/2024)
2024-12-0521RESPONSE re 15 MOTION for Summary Judgment filed by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Nair Decl., # 3 Exhibits to Nair Decl., # 4 Grimes Decl., # 5 Exhibits to Grimes Decl., # 6 May Decl., # 7 Text of Proposed Order)(Silverman, Bradley) (Entered: 12/05/2024)
2024-12-1622Joint MOTION to Modify Briefing Schedule by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Silverman, Bradley) (Entered: 12/16/2024)
2024-12-18MINUTE ORDER granting 22 Joint Motion to Modify Briefing Schedule: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants shall file their corrected statement of facts (and, if necessary, corrected cross-motion and response) by December 30, 2024; Plaintiff shall file its reply and cross-response by January 30, 2025; and Defendants shall file their cross-reply by February 28, 2025. Signed by Judge Jia M. Cobb on December 18, 2024. (lcjmc2) (Entered: 12/18/2024)
2024-12-3023Cross MOTION for Summary Judgment (Corrected) by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Nair Decl., # 4 Exhibits to Nair Decl., # 5 Grimes Decl., # 6 Exhibits to Grimes Decl., # 7 May Decl., # 8 Text of Proposed Order)(Silverman, Bradley) (Entered: 12/30/2024)
2024-12-3024RESPONSE re 15 MOTION for Summary Judgment (Corrected) filed by HEALTH RESOURCES AND SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Response to Plaintiff's Statement of Facts, # 2 Nair Decl., # 3 Exhibits to Nair Decl., # 4 Grimes Decl., # 5 Exhibits to Grimes Decl., # 6 May Decl., # 7 Text of Proposed Order)(Silverman, Bradley) (Entered: 12/30/2024)
2025-01-3025REPLY to opposition to motion re 15 Motion for Summary Judgment filed by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 01/30/2025)
2025-01-3026RESPONSE re 23 Cross MOTION for Summary Judgment (Corrected) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Brehm, Elizabeth) (Entered: 01/30/2025)
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by FOIA Project Staff
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