Open Society Justice Initiative v. Department of Health and Human Services et al
Plaintiff: Open Society Justice Initiative
Defendant: National Institute of Allergy and Infectious Diseases, Federal Emergency Management Agency, Food and Drug Administration, Department of Health and Human Services, National Institutes of Health, Department Of Homeland Security and Centers for Disease Control and Prevention
Case Number: 1:2020cv06359
Filed: August 12, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Freedom of Information Act
Cause of Action: 05:552
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2020 Filing 35 AMENDED ANSWER to #27 Amended Complaint,,,,,,. Document filed by Centers for Disease Control and Prevention, Department Of Homeland Security, Department of Health and Human Services, Federal Emergency Management Agency, Food and Drug Administration, National Institute of Allergy and Infectious Diseases, National Institutes of Health..(Cha-Kim, Stephen)
October 2, 2020 Opinion or Order Filing 34 ORDER granting (47) LETTER MOTION for Leave to File Amended Answer in Related Case 1:20-cv-06359-JMF, in case 1:20-cv-05096-JMF. The Application is GRANTED. The Clerk of Court is directed to terminate ECF NO. 47. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/2/2020) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (jca)
September 21, 2020 Filing 33 ANSWER to #27 Amended Complaint,,,,,,. Document filed by Centers for Disease Control and Prevention, Department Of Homeland Security, Department of Health and Human Services, Federal Emergency Management Agency, Food and Drug Administration, National Institute of Allergy and Infectious Diseases, National Institutes of Health..(Cha-Kim, Stephen)
September 18, 2020 Set/Reset Deadlines: Centers for Disease Control and Prevention answer due 9/22/2020; Department Of Homeland Security answer due 9/22/2020; Department of Health and Human Services answer due 9/22/2020; Federal Emergency Management Agency answer due 9/22/2020; Food and Drug Administration answer due 9/22/2020; National Institute of Allergy and Infectious Diseases answer due 9/22/2020; National Institutes of Health answer due 9/22/2020. (rj)
September 18, 2020 Opinion or Order Filing 32 MEMO ENDORSEMENT on re: (44 in 1:20-cv-05096-JMF) Letter filed by Open Society Justice Initiative. ENDORSEMENT: In light of the parties' letter, the Court is of the view that there is little reason to hold the conference on September 23, 2020. Accordingly, the conference is ADJOURNED sine die. The parties shall submit a status letter no later than October 14, 2020, and shall indicate in the letter whether they believe a conference should be held. (If any party believes that a conference should be held before then, it shall confer with the other side and file a letter motion seeking a conference.) Finally, the Court understands that defense counsel has had technical difficulty filing Defendants' answer to the complaint in 20-CV-6359 in 20-CV-5096. Defendants are granted leave to --- and shall, no later than September 22, 2020 --- file it in 20-CV-6359. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/2020) (rj)
August 25, 2020 Opinion or Order Filing 31 ORDER, It is hereby ORDERED that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-5096 (JMF). All future filings should be in 20-CV-5096 (JMF) alone. The parties shall appear for a teleconference with the Court on September 23, 2020, at 10:00 a.m. At least twenty-four hours before the conference, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. No later than the Thursday before the conference, the parties shall file a joint status letter setting forth their views of the case and how it should proceed, including, if appropriate, a proposed briefing schedule. The Clerk of Court is directed to consolidate 20-CV-5096 (JMF) and 20-CV-6359 (JMF) under case number 20-CV-5096 (JMF), and to close 20-CV-6359. SO ORDERED. ( Telephone Conference set for 9/23/2020 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 8/25/20) Filed In Associated Cases: 1:20-cv-05096-JMF, 1:20-cv-06359-JMF (yv)
August 25, 2020 CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05096-JMF. (yv)
August 24, 2020 Filing 30 CERTIFICATE OF SERVICE of Letter addressed to Judge Jesse M. Furman on August 24, 2020. Service was made by Electronic Mail. Document filed by Open Society Justice Initiative..(Klein, Daniel)
August 21, 2020 Filing 29 LETTER addressed to Judge Jesse M. Furman from Mark F. Mendelsohn dated August 21, 2020 re: Joint Response to the Court's August 14, 2020 Order. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 21, 2020 Filing 28 CERTIFICATE OF SERVICE of Amended Complaint on 08/21/2020. Service was made by Electronic Mail. Document filed by Open Society Justice Initiative..(Klein, Daniel)
August 21, 2020 Filing 27 AMENDED COMPLAINT amending #1 Complaint,,,,,, against Centers for Disease Control and Prevention, Department Of Homeland Security, Department of Health and Human Services, Federal Emergency Management Agency, Food and Drug Administration, National Institute of Allergy and Infectious Diseases, National Institutes of Health.Document filed by Open Society Justice Initiative. Related document: #1 Complaint,,,,,,. (Attachments: #1 Exhibit A - NIAID FOIA Request, #2 Exhibit B - NIH FOIA Request, #3 Exhibit C - FDA FOIA Request, #4 Exhibit D - HHS FOIA Request, #5 Exhibit E - CDC FOIA Request, #6 Exhibit F - DHS/FEMA FOIA Request, #7 Exhibit G - NIH FOIA Acknowledgement, #8 Exhibit H - NIH FOIA Consolidation Request, #9 Exhibit I - FDA FOIA Acknowledgment, #10 Exhibit J - FDA FOIA Clarification Request, #11 Exhibit K - May 5, 2020, Email from FDA to OSJI, #12 Exhibit L - FDA Granting Expedited Processing, #13 Exhibit M - HHS FOIA Acknowledgment, #14 Exhibit N - CDC FOIA Acknowledgment, #15 Exhibit O - OSJI CDC Appeal, #16 Exhibit P - CDC Appeal Acknowledgement, #17 Exhibit Q - DHS/FEMA FOIA Acknowledgment, #18 Exhibit R - DHS/FEMA FOIA Clarification Request, #19 Exhibit S - Plaintiff's Response to DHS/FEMA Clarification, #20 Exhibit T - FEMA FOIA Acknowledgment, #21 Exhibit U - FEMA Transferring FOIA to DHS, #22 Exhibit V - DHS FOIA Clarification Request, #23 Exhibit W - Plaintiff's Response to DHS FOIA Clarification Request, #24 Exhibit X - DHS Acknowledgment of Plaintiff's Response).(Mendelsohn, Mark)
August 17, 2020 Filing 26 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. National Institutes of Health served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 17, 2020 Filing 25 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. National Institute of Allergy and Infectious Diseases served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 17, 2020 Filing 24 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. Food and Drug Administration served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 17, 2020 Filing 23 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. Federal Emergency Management Agency served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 17, 2020 Filing 22 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. Department Of Homeland Security served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 17, 2020 Filing 21 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. Department of Health and Human Services served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 17, 2020 Filing 20 SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,,,, served. Centers for Disease Control and Prevention served on 8/13/2020, answer due 9/14/2020. Service was made by Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 14, 2020 Opinion or Order Filing 19 ORDER. The deadline to file the status letter in 20-CV-5096, see ECF No. 27, is EXTENDED to August 24, 2020. The status letter shall be filed jointly by all parties in both cases and shall address not only whether a conference is necessary and a proposed briefing schedule for any motion for summary judgment, but also the parties views regarding whether the Court should consolidate these cases pursuant to Rule 42 or modify the dates, deadlines, or procedures in either. Unless and until the Court orders otherwise, any other dates and deadlines remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/14/20) (yv)
August 14, 2020 Magistrate Judge Kevin Nathaniel Fox 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. (wb)
August 14, 2020 NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case..(wb)
August 14, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05096-JMF. Notice of Assignment to follow. (wb)
August 13, 2020 Filing 18 ELECTRONIC SUMMONS ISSUED as to National Institutes of Health..(jgo)
August 13, 2020 Filing 17 ELECTRONIC SUMMONS ISSUED as to National Institute of Allergy and Infectious Diseases..(jgo)
August 13, 2020 Filing 16 ELECTRONIC SUMMONS ISSUED as to Food and Drug Administration..(jgo)
August 13, 2020 Filing 15 ELECTRONIC SUMMONS ISSUED as to Federal Emergency Management Agency..(jgo)
August 13, 2020 Filing 14 ELECTRONIC SUMMONS ISSUED as to Department Of Homeland Security..(jgo)
August 13, 2020 Filing 13 ELECTRONIC SUMMONS ISSUED as to Department of Health and Human Services..(jgo)
August 13, 2020 Filing 12 ELECTRONIC SUMMONS ISSUED as to Centers for Disease Control and Prevention..(jgo)
August 13, 2020 CASE REFERRED TO Judge Jesse M. Furman as possibly related to 20-cv-5096. (jgo)
August 13, 2020 Case Designated ECF. (jgo)
August 13, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
August 12, 2020 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Federal Emergency Management Agency, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to National Institute of Allergy and Infectious Diseases, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to National Institutes of Health, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Food and Drug Administration, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Centers for Disease Control and Prevention, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health and Human Services, re: #1 Complaint,,,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 3 CIVIL COVER SHEET filed..(Mendelsohn, Mark)
August 12, 2020 Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-05096. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark)
August 12, 2020 Filing 1 COMPLAINT against Centers for Disease Control and Prevention, Department Of Homeland Security, Department of Health and Human Services, Federal Emergency Management Agency, Food and Drug Administration, National Institute of Allergy and Infectious Diseases, National Institutes of Health. (Filing Fee $ 400.00, Receipt Number ANYSDC-21121428)Document filed by Open Society Justice Initiative. (Attachments: #1 Exhibit A - NIAID FOIA Request, #2 Exhibit B - NIH FOIA Request, #3 Exhibit C - FDA FOIA Request, #4 Exhibit D - HHS FOIA Request, #5 Exhibit E - CDC FOIA Request, #6 Exhibit F - DHS/FEMA FOIA Request, #7 Exhibit G - NIH FOIA Acknowledgement, #8 Exhibit H - NIH FOIA Consolidation Request, #9 Exhibit I - FDA FOIA Acknowledgement, #10 Exhibit J - FDA FOIA Clarification Request, #11 Exhibit K - May 5, 2020, Email from FDA to OSJI, #12 Exhibit L - FDA Granting Expedited Processing, #13 Exhibit M - HHS FOIA Acknowledgement, #14 Exhibit N - CDC FOIA Acknowledgement, #15 Exhibit O - DHS/FEMA FOIA Acknowledgement, #16 Exhibit P - DHS/FEMA FOIA Clarification Request, #17 Exhibit Q - Plaintiff's Response to DHS/FEMA Clarification, #18 Exhibit R - FEMA FOIA Acknowledgement, #19 Exhibit S - FEMA Transferring FOIA to DHS, #20 Exhibit T - DHS FOIA Clarification Request, #21 Exhibit U - Plaintiff's Response to DHS FOIA Clarification Request, #22 Exhibit V - DHS Acknowledgement of Plaintiff's Response).(Mendelsohn, Mark)

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Defendant: National Institute of Allergy and Infectious Diseases
Represented By: Stephen Seungkun Cha-Kim
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Defendant: Federal Emergency Management Agency
Represented By: Stephen Seungkun Cha-Kim
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Defendant: Food and Drug Administration
Represented By: Stephen Seungkun Cha-Kim
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Defendant: Department of Health and Human Services
Represented By: Stephen Seungkun Cha-Kim
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Defendant: National Institutes of Health
Represented By: Stephen Seungkun Cha-Kim
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Defendant: Department Of Homeland Security
Represented By: Stephen Seungkun Cha-Kim
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Defendant: Centers for Disease Control and Prevention
Represented By: Stephen Seungkun Cha-Kim
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Plaintiff: Open Society Justice Initiative
Represented By: Mark F. Mendelsohn
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