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Case TitleCHILDREN'S HEALTH DEFENSE v. CENTERS FOR DISEASE CONTROL AND PREVENTION
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00431
Date Filed2023-02-16
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffCHILDREN'S HEALTH DEFENSE
Case DescriptionChildren's Health Defense submitted two FOIA requests to the Centers for Disease Control for records concerning safety monitoring conducted by the CDC pursuant to the VAERS SOP. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, CHD 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-161COMPLAINT against CENTERS FOR DISEASE CONTROL AND PREVENTION ( Filing fee $ 402 receipt number ADCDC-9865785) filed by CHILDREN'S HEALTH DEFENSE. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Flores, Ray) (Entered: 02/16/2023)
2023-02-16Case Assigned to Judge Trevor N. McFadden. (zcb) (Entered: 02/16/2023)
2023-02-162SUMMONS (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: 02/16/2023)
2023-02-163LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CHILDREN'S HEALTH DEFENSE (Flores, Ray) (Entered: 02/16/2023)
2023-02-174STANDING 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 2/17/2023. (lctnm1) (Entered: 02/17/2023)
2023-02-235RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General February 22, 2023. (Flores, Ray) (Entered: 02/23/2023)
2023-02-236RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/22/2023. Answer due for ALL FEDERAL DEFENDANTS by 3/24/2023. (Flores, Ray) (Entered: 02/23/2023)
2023-02-237RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 2/21/2023 (Flores, Ray) (Entered: 02/23/2023)
2023-03-208NOTICE of Appearance by M. Jared Littman on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION (Littman, M. Jared) (Entered: 03/20/2023)
2023-03-209Consent MOTION for Extension of Time to Respond by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Littman, M. Jared) (Entered: 03/20/2023)
2023-03-20MINUTE ORDER: The Government's 9 Consent Motion for Extension of Time is granted. The Government's response to the Complaint is now due by April 24, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2023. (lctnm1) (Entered: 03/20/2023)
2023-03-21Set/Reset Deadlines: Answer due by 4/24/2023. (hmc) (Entered: 03/21/2023)
2023-04-1710Consent MOTION for Extension of Time to Respond by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Littman, M.) (Entered: 04/17/2023)
2023-04-17MINUTE ORDER: The Government's 10 Consent Motion for Extension of Time is granted. The Government shall respond to the Complaint by May 24, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/17/2023. (lctnm1) (Entered: 04/17/2023)
2023-04-18Set/Reset Deadlines: Government's response due by 5/24/2023. (hmc) (Entered: 04/18/2023)
2023-05-2211ANSWER to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION.(Littman, M.) (Entered: 05/22/2023)
2023-05-24MINUTE ORDER: Before the Court are a Complaint and an Answer in this FOIA case. It is hereby ORDERED that the parties shall meet and confer and file a Joint Status Report proposing a schedule for proceeding in this matter. The schedule should address, among other things, 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, and a briefing schedule for dispositive motions, if required. The parties shall file the schedule on or before June 26, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 5/24/2023. (lctnm1) (Entered: 05/24/2023)
2023-05-25Set/Reset Deadlines: Joint Status Report due by 6/26/2023. (hmc) (Entered: 05/25/2023)
2023-06-2112Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Littman, M.) (Entered: 06/21/2023)
2023-06-22MINUTE ORDER: The parties shall submit another Joint Status Report by July 24, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 6/22/2023. (lctnm1) (Entered: 06/22/2023)
2023-06-22Set/Reset Deadlines: Joint Status Report due by 7/24/2023. (hmc) (Entered: 06/22/2023)
2023-07-1513Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Littman, M.) (Entered: 07/15/2023)
2023-07-17MINUTE ORDER: The parties shall submit another Joint Status Report by September 8, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 7/17/2023. (lctnm1) (Entered: 07/17/2023)
2023-07-17Set/Reset Deadlines: Joint Status Report due by 9/8/2023. (hmc) (Entered: 07/17/2023)
2023-09-0714Joint STATUS REPORT by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Littman, M.) (Entered: 09/07/2023)
2023-09-07MINUTE ORDER: The parties shall file another Joint Status Report by November 7, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 9/7/2023. (lctnm1) (Entered: 09/07/2023)
2023-10-2015NOTICE of Appearance by Risa Evans on behalf of All Plaintiffs (Evans, Risa) (Entered: 10/20/2023)
2023-11-0716Joint MOTION for Extension of Time to File Joint Status Report by CENTERS FOR DISEASE CONTROL AND PREVENTION. (Attachments: # 1 Text of Proposed Order)(Littman, M.) (Entered: 11/07/2023)
2023-11-08MINUTE ORDER: The Court GRANTS the parties' 16 Joint Motion for an Extension of Time to File a Joint Status Report. The parties' Joint Status Report shall be due by November 14, 2023. And the parties are admonished to follow the Court's four business day rule for requesting extensions of time. See Standing Order § 9(A), ECF No. 4. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/08/2023. (lctnm1) (Entered: 11/08/2023)
2023-11-09Set/Reset Deadlines: Joint Status Report due by 11/14/2023. (hmc) (Entered: 11/09/2023)
2023-11-1317STATUS REPORT by CHILDREN'S HEALTH DEFENSE. (Attachments: # 1 Text of Proposed Order)(Evans, Risa) (Entered: 11/13/2023)
2023-11-15MINUTE ORDER: The Court ORDERS the parties to appear for an in-person status hearing on December 15, 2023, at 10:00 a.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/15/2023. (lctnm1) (Entered: 11/15/2023)
2023-11-15MINUTE ORDER: The in-person status hearing previously scheduled for December 15, 2023, is hereby RESCHEDULED to January 16, 2024, at 10:30 a.m. in Courtroom 2 before Judge Trevor N. McFadden. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/15/2023. (lctnm1) (Entered: 11/15/2023)
2024-01-18NOTICE of Rescheduled Hearing: Status Conference rescheduled from 1/16/2024 to 2/8/2024 at 10:00 AM in Courtroom 2- In Person before Judge Trevor N. McFadden. (hmc) (Entered: 01/18/2024)
2024-02-08Minute Entry for proceedings held before Judge Trevor N. McFadden: Status Conference held on 2/8/2024. The Government shall review 300 pages per month starting in the end of March, unless the Government moves for a stay under Open America . The parties shall also file rolling Joint Status Reports on the 15th of each month, starting on April 15, 2024. (Court Reporter: Lisa Edwards.) (hmc) (Entered: 02/08/2024)
2024-02-1218TRANSCRIPT OF STATUS CONFERENCE before Judge Trevor N. McFadden held on February 8, 2024; Page Numbers: 1-13. Date of Issuance: February 12, 2024. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/4/2024. Redacted Transcript Deadline set for 3/14/2024. Release of Transcript Restriction set for 5/12/2024.(Edwards, Lisa) (Entered: 02/12/2024)
2024-02-2719TRANSCRIPT OF STATUS CONFERENCE before Judge Trevor N. McFadden held on February 8, 2024; Page Numbers: 1-13. Date of Issuance: February 27, 2024. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/19/2024. Redacted Transcript Deadline set for 3/29/2024. Release of Transcript Restriction set for 5/27/2024.(Edwards, Lisa) (Entered: 02/27/2024)
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