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Case TitleJUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02418
Date Filed2021-09-14
Date ClosedOpen
JudgeJudge Amit P. Mehta
PlaintiffJUDICIAL WATCH, INC.
Case DescriptionJudicial Watch submitted a FOIA request to the FDA, the Centers for Disease Control, and the National Institute of Health for records concerning biodistribution studies for the Pfizer, Moderna, and Johnson & Johnson vaccines. The FDA and CDC acknowledged receipt of the requests. NIH told Judicial Watch that it did not possess the records, which were maintained by the Biomedical Advanced Research and Development Authority. Judicial Watch submitted the request to BARDA. BARDA acknowledged receipt of the request. After hearing nothing further from any of the agencies, Judicial Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-141COMPLAINT against U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-8732020) filed by JUDICIAL WATCH, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for US Attorney for DC, # 3 Summons for US Attorney General, # 4 Summons for U.S. Department of Health and Human Services)(Orfanedes, Paul) (Entered: 09/14/2021)
2021-09-142LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by JUDICIAL WATCH, INC. (Orfanedes, Paul) (Entered: 09/14/2021)
2021-09-15Case Assigned to Judge Amit P. Mehta. (zsb) (Entered: 09/15/2021)
2021-09-153SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(adh, ) (Entered: 09/15/2021)
2021-09-224RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/17/2021. Answer due for ALL FEDERAL DEFENDANTS by 10/17/2021. (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 09/22/2021)
2021-09-225RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/22/21. (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 09/22/2021)
2021-09-226RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 9/21/2021 (Attachments: # 1 Declaration of David Rothstein)(Orfanedes, Paul) (Entered: 09/22/2021)
2021-10-087MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn B. Blankenberg, Filing fee $ 100, receipt number ADCDC-8789846. Fee Status: Fee Paid. by JUDICIAL WATCH, INC.. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Orfanedes, Paul) (Entered: 10/08/2021)
2021-10-08MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Kathryn B. Blankenberg is hereby admitted pro hac vice to appear in this matter. 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 Amit P. Mehta on 10/8/2021. (lcapm1) (Entered: 10/08/2021)
2021-10-088NOTICE of Appearance by Kathryn Brooke Blankenberg on behalf of JUDICIAL WATCH, INC. (Blankenberg, Kathryn) (Entered: 10/08/2021)
2021-10-219NOTICE of Appearance by Marcia Kay Sowles on behalf of U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Sowles, Marcia) (Entered: 10/21/2021)
2021-10-2110Consent MOTION for Extension of Time to File Answer re 1 Complaint, (nunc pro tunc) by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Sowles, Marcia) (Entered: 10/21/2021)
2021-10-21MINUTE ORDER granting Defendant's 10 Consent Motion for Extension of Time, Nunc Pro Tunc, in Which to Answer Plaintiff's Complaint. Defendant shall file its answer on or before October 27, 2021. Signed by Judge Amit P. Mehta on 10/21/2021. (lcapm1) (Entered: 10/21/2021)
2021-10-2711ANSWER to Complaint by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Sowles, Marcia) (Entered: 10/27/2021)
2021-10-2812ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before November 10, 2021. The Joint Status Report shall include (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 to stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); and (5) whether the parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 10/28/2021. (lcapm1) (Entered: 10/28/2021)
2021-11-1013Joint STATUS REPORT by JUDICIAL WATCH, INC.. (Blankenberg, Kathryn) (Entered: 11/10/2021)
2021-11-11MINUTE ORDER. The parties shall file an additional Joint Status Report by February 11, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 11/11/2021. (lcapm1) (Entered: 11/11/2021)
2022-02-1114Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sowles, Marcia) (Entered: 02/11/2022)
2022-02-11MINUTE ORDER. The parties shall file an additional Joint Status Report by May 2, 2022, which updates the court on the processing and production of responsive records. Signed by Judge Amit P. Mehta on 2/11/2022. (lcapm1) (Entered: 02/11/2022)
2022-05-0215Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sowles, Marcia) (Entered: 05/02/2022)
2022-05-02MINUTE ORDER. The parties shall file an additional Joint Status Report by May 23, 2022, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 5/2/2022. (lcapm1) (Entered: 05/02/2022)
2022-05-2316Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sowles, Marcia) (Entered: 05/23/2022)
2022-05-23MINUTE ORDER. The parties shall file an additional Joint Status Report by July 15, 2022, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 5/23/2022. (lcapm1) (Entered: 05/23/2022)
2022-07-1517Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sowles, Marcia) (Entered: 07/15/2022)
2022-07-17MINUTE ORDER. The parties shall file an additional Joint Status Report by August 15, 2022, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 7/17/2022. (lcapm1) (Entered: 07/17/2022)
2022-08-1518Joint STATUS REPORT by U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Sowles, Marcia) (Entered: 08/15/2022)
2022-08-15MINUTE ORDER. The parties shall file an additional Joint Status Report by September 23, 2022, which advises whether any disputed issues remain and, if so, proposes a schedule for further proceedings. Signed by Judge Amit P. Mehta on 8/15/2022. (lcapm1) (Entered: 08/15/2022)
2022-08-15Set/Reset Deadlines: Status Report due by 9/23/2022 (zjch, ) (Entered: 08/16/2022)
2022-09-2019STIPULATION of Dismissal by JUDICIAL WATCH, INC.. (Blankenberg, Kathryn) (Entered: 09/20/2022)
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