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Case TitlePro Publica, Inc. v. National Institutes of Health
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv03253
Date Filed2023-04-19
Date Closed2023-08-09
JudgeJudge Paul G. Gardephe
PlaintiffPro Publica, Inc.
Case DescriptionPro Publica submitted a FOIA request to the National Institute of Health for records concerning correspondence sent or received by the NIH employees listed that include specified search terms. Pro Publica also requested expedited processing. NIH acknowledged receipt of the request and asked Pro Publica to narrow its request to receive records more quickly. The agency identified 262 responsive records but after hearing nothing further from the agency, Pro Publica filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantNational Institutes of Health
Documents
Docket
Complaint
Opinion/Order [13]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-191COMPLAINT against National Institutes of Health. (Filing Fee $ 402.00, Receipt Number ANYSDC-27627558)Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 04/19/2023)
2023-04-192CIVIL COVER SHEET filed..(Matthews, Sarah) (Entered: 04/19/2023)
2023-04-193FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 04/19/2023)
2023-04-194REQUEST FOR ISSUANCE OF SUMMONS as to National Institutes of Health, re: 1 Complaint. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 04/19/2023)
2023-04-20CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(vf) (Entered: 04/20/2023)
2023-04-20Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (vf) (Entered: 04/20/2023)
2023-04-20Case Designated ECF. (vf) (Entered: 04/20/2023)
2023-04-205ELECTRONIC SUMMONS ISSUED as to National Institutes of Health. (vf) (Entered: 04/20/2023)
2023-04-216NOTICE OF PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on July 20, 2023 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Initial Conference set for 7/20/2023 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 4/21/2023) (rro) (Entered: 04/21/2023)
2023-05-227AFFIDAVIT OF SERVICE (FOIA CASE). National Institutes of Health served on 4/25/2023, answer due 5/25/2023. Service was made by Mail. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 05/22/2023)
2023-05-238FIRST LETTER MOTION for Extension of Time to File Answer (Joint) addressed to Judge Paul G. Gardephe from Sarah Matthews dated May 23, 2023. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 05/23/2023)
2023-05-269ORDER granting 8 Letter Motion for Extension of Time to Answer re 8 FIRST LETTER MOTION for Extension of Time to File Answer (Joint) addressed to Judge Paul G. Gardephe from Sarah Matthews dated May 23, 2023.. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/26/2023) National Institutes of Health answer due 6/26/2023 (ks) (Entered: 05/26/2023)
2023-06-2310SECOND LETTER MOTION for Extension of Time to File Answer (Joint) addressed to Judge Paul G. Gardephe from Sarah Matthews dated June 23, 2023. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 06/23/2023)
2023-06-2611ORDER granting 10 Letter Motion for Extension of Time to Answer re 10 SECOND LETTER MOTION for Extension of Time to File Answer (Joint) addressed to Judge Paul G. Gardephe from Sarah Matthews dated June 23, 2023., 1 Complaint. Defendant will respond to the Complaint by July 26, 2023. The conference currently scheduled for July 20, 2023, is adjourned to August 10, 2023, at 10:15 a.m. SO ORDERED. (National Institutes of Health answer due 7/26/2023.) (Signed by Judge Paul G. Gardephe on 6/26/23) (yv) (Entered: 06/27/2023)
2023-06-26Set/Reset Hearings: Initial Conference set for 8/10/2023 at 10:15 AM before Judge Paul G. Gardephe. (yv) (Entered: 06/27/2023)
2023-07-2412JOINT LETTER MOTION to Stay this Case addressed to Judge Paul G. Gardephe from Sarah Matthews dated July 24, 2023. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 07/24/2023)
2023-07-2513ORDER: granting 12 Letter Motion to Stay re: 12 JOINT LETTER MOTION to Stay this Case. addressed to Judge Paul G. Gardephe from Sarah Matthews dated July 24, 2023. The Application is Granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/25/2023) (ama) (Entered: 07/26/2023)
2023-07-25Case Stayed (ama) (Entered: 07/26/2023)
2023-08-0714PROPOSED STIPULATION AND ORDER. Document filed by Pro Publica, Inc...(Matthews, Sarah) (Entered: 08/07/2023)
2023-08-0915STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties asfollows: As soon as reasonably practicable, NIH shall pay Plaintiff the sum of two thousand five hundred dollars ($2,500.00) in full and final satisfaction of any claim by Plaintiff for attorneys' fees and litigation costs in this matter. Payment shall be made by electronic funds transfer, and Plaintiff's counsel will provide the necessary information to counsel for NIH to effectuate the transfer. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order and resolving any issues that might arise relating to such enforcement. SO ORDERED. Case Stay Lifted. (Signed by Judge Paul G. Gardephe on 8/9/2023) (ate) Transmission to Finance Unit (Cashiers) for processing. (Entered: 08/09/2023)
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