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Case TitleINFORMED CONSENT ACTION NETWORK v. NATIONAL INSTITUTES OF HEALTH et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03674
Date Filed2023-12-10
Date ClosedOpen
JudgeJudge Reggie B. Walton
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning emails exchanged between Keri N. Althoff and David Schlueter between June 15, 2020 and June 15, 2021 pertaining to a named article. The agency acknowledged receipt of the request and referred to the National Genome Research Institute for response. The office provided several estimated completion dates but 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
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-101COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10547844) filed by INFORMED CONSENT ACTION NETWORK. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons to NIH, # 7 Summons to HHS, # 8 Summons to USAG, # 9 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 Reggie B. Walton. (zrtw) (Entered: 12/11/2023)
2023-12-113SUMMONS (4) Issued Electronically as to NATIONAL INSTITUTES OF HEALTH, 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)
2023-12-154MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10564369. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 12/16/2023)
2023-12-18MINUTE ORDER. The Court having considered the 4 Plaintiff's Motion for Admission of Attorney R. Scott Pietrowski, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that R. Scott Pietrowski, Siri & Glimstad LLP, 745 Fifth Ave. Suite 500, New York, New York 10151, is ADMITTED to practice before the Court 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 . Signed by Judge Reggie B. Walton on December 18, 2023. (lcrbw2) (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. NATIONAL INSTITUTES OF HEALTH served on 12/18/2023 (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)
2023-12-2110GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on December 21, 2023. (lcrbw2) (Entered: 12/21/2023)
2024-01-0511Consent MOTION for Extension of Time to Respond to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Text of Proposed Order)(Escher, Sam) (Entered: 01/05/2024)
2024-01-05MINUTE ORDER. Upon consideration of the defendants' 11 Consent Motion for Extension of Time to Respond, it is hereby ORDERED that the defendants' 11 Consent Motion for Extension of Time to Respond is GRANTED. It is further ORDERED that, on or before February 9, 2024, the defendants shall file their answer or otherwise respond to the plaintiff's Complaint. Signed by Judge Reggie B. Walton on January 5, 2024. (lcrbw2) (Entered: 01/05/2024)
2024-02-0712ANSWER to Complaint by NATIONAL INSTITUTES OF HEALTH, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Escher, Sam) (Entered: 02/07/2024)
2024-02-08MINUTE ORDER. To ensure the expeditious resolution of this action, and because this qualifies as an exempted case under Local Civil Rule 16.3(b), it is hereby ORDERED that, on or before March 7, 2024, the parties shall file a joint proposed briefing schedule governing further proceedings. Signed by Judge Reggie B. Walton on February 8, 2024. (lcrbw2) (Entered: 02/08/2024)
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by FOIA Project Staff
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