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Case TitleINFORMED CONSENT ACTION NETWORK v. AGENCY FOR HEALTHCARE RESEARCH AND QUALITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2024cv00204
Date Filed2024-01-23
Date ClosedOpen
JudgeJudge Carl J. Nichols
PlaintiffINFORMED CONSENT ACTION NETWORK
Case DescriptionInformed Consent Action Network submitted a FOIA request to the Agency for Healthcare Research and Quality for records concerning the destruction of two documents. The agency acknowledged receipt of the request. The agency told ICAN that the destruction of records schedule could be found on the National Archives' website. ICAN filed an administrative appeal of the decision. 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

DefendantAGENCY FOR HEALTHCARE RESEARCH AND QUALITY
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

2024-01-231COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-10639734) 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 AHRQ, # 8 Summons to HHS, # 9 Summons to USAG, # 10 Summons to USAO)(Brehm, Elizabeth) (Entered: 01/23/2024)
2024-01-232LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INFORMED CONSENT ACTION NETWORK (Brehm, Elizabeth) (Entered: 01/23/2024)
2024-01-24Case Assigned to Judge Carl J. Nichols. (zrtw) (Entered: 01/24/2024)
2024-01-243SUMMONS (4) Issued Electronically as to AGENCY FOR HEALTHCARE RESEARCH AND QUALITY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrtw) (Entered: 01/24/2024)
2024-02-024MOTION for Leave to Appear Pro Hac Vice :Attorney Name- R. Scott Pietrowski, Filing fee $ 100, receipt number ADCDC-10665074. Fee Status: Fee Paid. by INFORMED CONSENT ACTION NETWORK. (Brehm, Elizabeth) (Entered: 02/02/2024)
2024-02-125NOTICE of Appearance by B. Kathryn Debrason on behalf of All Defendants (Debrason, B.) (Entered: 02/12/2024)
2024-02-146RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AGENCY FOR HEALTHCARE RESEARCH AND QUALITY served on 1/30/2024 (Brehm, Elizabeth) (Entered: 02/14/2024)
2024-02-147RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/24/2024. Answer due for ALL FEDERAL DEFENDANTS by 2/23/2024. (Brehm, Elizabeth) (Entered: 02/14/2024)
2024-02-148ERRATA by INFORMED CONSENT ACTION NETWORK re 6 Summons Returned Executed as to Federal Defendant. (Brehm, Elizabeth) (Entered: 02/14/2024)
2024-02-239ANSWER to Complaint by AGENCY FOR HEALTHCARE RESEARCH AND QUALITY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Debrason, B.) (Entered: 02/23/2024)
2024-02-2410RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 2/22/2024 (Brehm, Elizabeth) (Entered: 02/24/2024)
2024-02-2411RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/23/2024. (Brehm, Elizabeth) (Entered: 02/24/2024)
2024-02-26MINUTE ORDER. The Court having considered the 4 Motion for Leave to Appear Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that R. Scott Pietrowski is ADMITTED to practice before the Court 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 by Judge Carl J. Nichols on February 26, 2024. (lccjn2) (Entered: 02/26/2024)
2024-02-2712NOTICE of Appearance by Richard Scott Pietrowski on behalf of INFORMED CONSENT ACTION NETWORK (Pietrowski, Richard) (Entered: 02/27/2024)
2024-04-2313NOTICE OF SUBSTITUTION OF COUNSEL by Kimberly Stratton on behalf of All Defendants Substituting for attorney B.Kathryn Debrason (Stratton, Kimberly) (Entered: 04/23/2024)
2024-05-19MINUTE ORDER. Before the Court in this Freedom of Information Act case are a Complaint and an Answer. Pursuant to Local Civil Rule 16.3, the requirements of Federal Rule of Civil Procedure 26(f) are inapplicable. It is hereby ORDERED that the Parties shall confer and file a Joint Status Report on or before June 3, 2023. The Joint Status Report shall address: (1) the status of Plaintiff's FOIA request; (2) the anticipated number of documents responsive to Plaintiff's FOIA request; (3) the anticipated date(s) for release of the documents requested by Plaintiff; (4) whether a motion for stay is likely under Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976); (5) the possibility of prioritizing documents responsive to Plaintiff's request[s] and any discussions regarding whether Plaintiff's request[s] can be narrowed; and (6) whether the Parties anticipate summary judgment briefing and, if so, a proposed briefing schedule. So ORDERED by Judge Carl J. Nichols on May 19, 2024. (lccjn2) (Entered: 05/19/2024)
2024-05-19Set/Reset Deadlines: Status Report due by 6/3/2024 (zcam) (Entered: 05/20/2024)
2024-06-0314Joint STATUS REPORT by AGENCY FOR HEALTHCARE RESEARCH AND QUALITY, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Stratton, Kimberly) (Entered: 06/03/2024)
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