Skip to content

Case Detail

[Subscribe to updates]
Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv00450
Date Filed2023-02-17
Date ClosedOpen
JudgeJudge Trevor N. McFadden
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails sent to or from former director Francis Collins between 2014 and the present that contain references to gain of function, Wuhan, etc The agency acknowledged receipt of the request. After hearing nothing further from the agency, ICAN filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantNATIONAL INSTITUTES OF HEALTH
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

2023-02-171COMPLAINT against NATIONAL INSTITUTES OF HEALTH ( Filing fee $ 402 receipt number ADCDC-9870973) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons as to NIH, # 6 Summons as to Attorney General, # 7 Summons as to U.S. Attorney)(Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-172MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron Siri, Filing fee $ 100, receipt number ADCDC-9871057. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-173MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth A. Brehm, Filing fee $ 100, receipt number ADCDC-9871058. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-174LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Farnsworth, Colin) (Entered: 02/17/2023)
2023-02-22Case Assigned to Judge Trevor N. McFadden. (zsl) (Entered: 02/22/2023)
2023-02-225SUMMONS (3) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 02/22/2023)
2023-02-226STANDING 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 2/22/2023. (lctnm2) (Entered: 02/22/2023)
2023-02-22MINUTE ORDER granting 2 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/22/2023. (lctnm2) (Entered: 02/22/2023)
2023-02-22MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Trevor N. McFadden on 2/22/2023. (lctnm2) (Entered: 02/22/2023)
2023-02-237NOTICE of Appearance by Elizabeth Ann Brehm on behalf of INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 02/23/2023)
2023-03-078RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL INSTITUTES OF HEALTH served on 2/27/2023 (Farnsworth, Colin) (Entered: 03/07/2023)
2023-03-079RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/27/2023. (Farnsworth, Colin) (Entered: 03/07/2023)
2023-03-0710RETURN 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. (Farnsworth, Colin) (Entered: 03/07/2023)
2023-03-1311ERRATA by INFORMED CONSENT ACTION NETWORK re 8 Summons Returned Executed as to Federal Defendant. (Farnsworth, Colin) (Entered: 03/13/2023)
2023-03-2012NOTICE of Appearance by Fithawi Berhane on behalf of NATIONAL INSTITUTES OF HEALTH (Berhane, Fithawi) (Entered: 03/20/2023)
2023-03-2013MOTION for Extension of Time to Respond to Complaint by NATIONAL INSTITUTES OF HEALTH. (Attachments: # 1 Text of Proposed Order)(Berhane, Fithawi) (Entered: 03/20/2023)
2023-03-20MINUTE ORDER granting 13 Motion for Extension of Time to Respond to Complaint. Defendant's responsive pleading shall now be due on or before April 19, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 3/20/2023. (lctnm2) (Entered: 03/20/2023)
2023-03-21Set/Reset Deadlines: Answer due by 4/19/2023. (hmc) (Entered: 03/21/2023)
2023-04-0414NOTICE of Appearance by Aaron Siri on behalf of INFORMED CONSENT ACTION NETWORK (Siri, Aaron) (Entered: 04/04/2023)
2023-04-1915ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH.(Berhane, Fithawi) (Entered: 04/19/2023)
2023-04-19MINUTE 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 19, 2023. SO ORDERED. Signed by Judge Trevor N. McFadden on 4/19/2023. (lctnm2) (Entered: 04/19/2023)
2023-04-19Set/Reset Deadlines: Joint Status Report due by 6/19/2023. (hmc) (Entered: 04/19/2023)
2023-05-1216NOTICE OF WITHDRAWAL OF APPEARANCE as to INFORMED CONSENT ACTION NETWORK. Attorney Colin M. Farnsworth terminated. (Brehm, Elizabeth) (Entered: 05/12/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar