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Case TitleFUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv01704
Date Filed2022-06-14
Date ClosedOpen
JudgeMagistrate Judge Moxila A. Upadhyaya
PlaintiffFUNCTIONAL GOVERNMENT INITIATIVE
Case DescriptionThe Functional Government Initiative submitted a FOIA request to the National Institutes of Health for records concerning the distribution of mAb in response to the outbreak of the coronavirus pandemic to others in government and employees of Amerisource Corp. The agency acknowledged receipt of the request and indicated it might need to contact FFGI for clarification. After hearing nothing further from the agency, FGI filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
DefendantNATIONAL INSTITUTES OF HEALTH
DefendantNATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-141COMPLAINT against FUNCTIONAL GOVERNMENT INITIATIVE v. HEALTH AND HUMAN SERVICES, ET AL. ( Filing fee $ 402 receipt number ADCDC-9306419) filed by FUNCTIONAL GOVERNMENT INITIATIVE. (Attachments: # 1 Exhibit 1. FOIA Request from FGI to HHS dated 2.19.22, # 2 Exhibit 2. FOIA Request from FGI to NIH dated 2.19.22, # 3 Exhibit 3. FOIA Request from FGI to NIAID dated 2.19.22, # 4 Summons To Attorney General, # 5 Summons To U.S. Attorney for D.C., # 6 Summons To HHS Office of General Counsel, # 7 Summons To NIH Office of General Counsel, # 8 Summons To NIAID Office of General Counsel, # 9 Civil Cover Sheet)(Goeken, Richard) (Entered: 06/14/2022)
2022-06-14Case Assigned to Judge Trevor N. McFadden. (znmg) (Entered: 06/14/2022)
2022-06-142SUMMONS (5) Issued Electronically as to NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(znmg) (Entered: 06/14/2022)
2022-06-143STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 6/14/22. (lctnm2) (Entered: 06/14/2022)
2022-07-154NOTICE of Appearance by Stephen DeGenaro on behalf of All Defendants (DeGenaro, Stephen) (Entered: 07/15/2022)
2022-07-155Consent MOTION for Extension of Time to Respond to the Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(DeGenaro, Stephen) (Entered: 07/15/2022)
2022-07-15MINUTE ORDER granting the 5 Consent Motion for Extension of Time. Defendants shall respond to the 1 Complaint by August 22, 2022. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/15/22. (lctnm2) (Entered: 07/15/2022)
2022-07-15Set/Reset Deadlines: Answer to the Complaint due by 8/22/2022. (ztg) (Entered: 07/15/2022)
2022-07-286Consent to Proceed before US Magistrate Judge for All Purposes by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.. (DeGenaro, Stephen) (Entered: 07/28/2022)
2022-07-29MINUTE ORDER REFERRING CASE to a Magistrate Judge, to be assigned at random by the Clerk's Office, for all purposes, pursuant to the parties' 6 Consent to Proceed before US Magistrate Judge for All Purposes. See LCvR 73.1(a). Signed by Judge Trevor N. McFadden on 7/29/22. (lctnm2) (Entered: 07/29/2022)
2022-07-29CASE RANDOMLY REFERRED to Magistrate Judge Robin M. Meriweather for all purposes. (znmg) (Entered: 07/29/2022)
2022-08-097REQUEST FOR SUMMONS TO ISSUE to National Institute of Allergy and Infectious Diseases filed by FUNCTIONAL GOVERNMENT INITIATIVE.(Goeken, Richard) (Entered: 08/09/2022)
2022-08-108SUMMONS (1) Reissued Electronically as to NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (Attachments: # 1 Notice and Consent)(zjf) (Entered: 08/10/2022)
2022-08-229ANSWER to Complaint by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(DeGenaro, Stephen) (Entered: 08/22/2022)
2022-08-2210STATUS REPORT by NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES, NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DeGenaro, Stephen) (Entered: 08/22/2022)
2022-08-23MINUTE ORDER: On review of Defendants' 10 Status Report, the parties are ORDERED to submit a joint status report no later than November 21, 2022. Signed by Magistrate Judge Robin M. Meriweather on 08/22/2022. (lcre) (Entered: 08/23/2022)
2022-08-29Case directly reassigned to Magistrate Judge Moxila A. Upadhyaya. Magistrate Judge Robin M. Meriweather is no longer assigned to the case. (ztnr) (Entered: 08/29/2022)
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by FOIA Project Staff
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