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Case TitleINFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03673
Date Filed2023-12-10
Date Closed2024-05-20
JudgeJudge Rudolph Contreras
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning drug product lot numbers for all Janssen COVID-19 vaccines manufactured. The agency acknowledged receipt of the request. The agency identified an Excel spreadsheet responsive to ICAN's request but withheld it under Exemption 4 (commercial and confidential). ICAN filed an administrative appeal of the denial. The agency acknowledged receipt of the appeal but 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

DefendantCENTERS FOR DISEASE CONTROL AND PREVENTION
DefendantU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
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
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-101COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10547839) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Summons to CDC, # 8 Summons to HHS, # 9 Summons to USAG, # 10 Summons to USAO)(Brehm, Elizabeth) (Entered: 12/10/2023)
2023-12-102LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 12/10/2023)
2023-12-11Case Assigned to Judge Rudolph Contreras. (zrtw) (Entered: 12/11/2023)
2023-12-113SUMMONS (4) Issued Electronically as to CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 12/11/2023)
2023-12-164MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10564372. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 12/16/2023)
2023-12-18MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice : Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that R. Scott Pietrowski is admitted to represent Plaintiff Informed Consent Action Network, pro hac vice in this case. 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 Rudolph Contreras on 12/18/2023. (lcrc1) (Entered: 12/18/2023)
2023-12-185NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 12/18/2023)
2023-12-206RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR DISEASE CONTROL AND PREVENTION served on 12/15/2023 (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-207RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 12/15/2023 (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-208RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/19/2023. (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-209RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/11/2023. Answer due for ALL FEDERAL DEFENDANTS by 1/10/2024. (Brehm, Elizabeth) (Entered: 12/20/2023)
2023-12-2710NOTICE of Appearance by B. Kathryn Debrason on behalf of CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Debrason, B.) (Entered: 12/27/2023)
2024-01-0911Unopposed MOTION for Extension of Time to Respond to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Debrason, B.) (Entered: 01/09/2024)
2024-01-10MINUTE ORDER granting 11 Defendants' Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendants shall respond to the Complaint on or before March 11, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 1/10/2024. (lcrc1) (Entered: 01/10/2024)
2024-03-1112MOTION for Extension of Time to Respond to Complaint by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Debrason, B.) (Entered: 03/11/2024)
2024-03-12MINUTE ORDER granting 12 Defendants' Unopposed Motion for Extension of Time: It is hereby ORDERED that Defendants shall respond to the Complaint on or before April 10, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 3/12/2024. (lcrc1) (Entered: 03/12/2024)
2024-04-1013Joint STATUS REPORT AND MOTION TO STAY RESPONSE TO COMPLAINT by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Debrason, B.) (Entered: 04/10/2024)
2024-04-1014Joint MOTION to Stay by CENTERS FOR DISEASE CONTROL AND PREVENTION, INFORMED CONSENT ACTION NETWORK, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 13 to view document). (znmw) (Entered: 04/11/2024)
2024-04-11MINUTE ORDER: Upon consideration of 13 14 the parties' joint status report and motion to stay, it is hereby ORDERED that the current deadlines in this matter are STAYED up to and including June 10, 2024. It is FURTHER ORDERED that the parties shall provide a joint status report on or before June 10, 2024. SO ORDERED. Signed by Judge Rudolph Contreras on 4/11/2024. (lcrc1) (Entered: 04/11/2024)
2024-04-1915NOTICE OF SUBSTITUTION OF COUNSEL by Kaitlin Kerry Eckrote on behalf of All Defendants Substituting for attorney B. Kathryn Debrason (Eckrote, Kaitlin) (Entered: 04/19/2024)
2024-05-0216STIPULATION of Dismissal by CENTERS FOR DISEASE CONTROL AND PREVENTION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Eckrote, Kaitlin) (Entered: 05/02/2024)
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