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Motion to Alter the Summary Judgment Briefing Schedule — Empower Oversight v. National Institutes of Health

Summary

The National Institutes of Health (NIH), the defendant in a Freedom of Information Act case brought by Empower Oversight Whistleblowers & Research, moves under Federal Rule of Civil Procedure 6 to alter the summary judgment briefing schedule. It asks to extend its deadline from May 13, 2022 to and including June 10, 2022, stating that it has located additional responsive records and intends to produce them within the next seven days. NIH says it also needs time to prepare a Vaughn index for redacted material. The motion states that the plaintiff takes no position and is dated May 12, 2022, with the signature of Meghan Loftus, Assistant United States Attorney.

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Cite this document

“Motion to Alter the Summary Judgment Briefing Schedule — Empower Oversight v. National Institutes of Health.” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-vaed-516270-34-0-9b6496cb75/, SHA-256 95ca56200ec11d967d26eea40b26b0ba3b993bd73b980c939ac1f582cd335fee.

Full text

Case 1:21-cv-01275-LMB-JFA Document 34 Filed 05/12/22 Page 1 of 2 PageID# 352




                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE EASTERN DISTRICT OF VIRGINIA
                                  Alexandria Division

EMPOWER OVERSIGHT                                  )
WHISTLEBLOWERS & RESEARCH,                         )
                                                   )
                       Plaintiff,                  )
                                                   )       Case No. 1:21-cv-1275 (LMB/JFA)
       v.                                          )
                                                   )
NATIONAL INSTITUTES OF HEALTH,                     )
                                                   )
                       Defendant.                  )
                                                   )
                                                   )

            DEFENDANT’S MOTION TO ALTER THE SUMMARY JUDGMENT
                            BRIEFING SCHEDULE

       Pursuant to Federal Rule of Civil Procedure 6, Defendant National Institutes of Health

(“NIH”), respectfully moves to alter the briefing schedule for summary judgment motions.

Plaintiff takes no position on the requested relief. Good cause for this relief is as follows:

       1.      In this case brought pursuant to the Freedom of Information Act, 5 U.S.C. §§ 551–

59 (2018) (“FOIA”), Plaintiff Empower Oversight Whistleblowers & Research seeks documents

from the National Institutes of Health, based on three separate FOIA requests, one dated July 14,

2021 and the other two dated September 30, 2021. See Compl. (Dkt. 1) ¶¶ 20-22.

       2.      NIH completed its search for responsive records and produced the non-privileged,

responsive records to Plaintiff on February 7, 2022.

       3.      The Court entered a briefing schedule for summary judgment, setting May 13, 2022

as the deadline for NIH to file its motion for summary judgment and brief in support. (Dkt. 26).

       4.      NIH requests additional time to file its motion for summary judgment, to and

including June 10, 2022. NIH has located additional responsive records and intends to produce

Case 1:21-cv-01275-LMB-JFA Document 34 Filed 05/12/22 Page 2 of 2 PageID# 353




those to Empower within the next seven days. NIH requires additional time to prepare the

corresponding Vaughn index for material it has redacted pursuant to the statutory exemptions in 5

U.S.C. § 552(b).

       5.     Plaintiff takes no position on the requested relief.

       6.     A Proposed Order has been attached for the Court’s convenience.



Dated: May 12, 2022                                 Respectfully submitted,

                                                    JESSICA D. ABER
                                                    UNITED STATES ATTORNEY

                                                    By:            /s/
                                                    MEGHAN LOFTUS
                                                    Assistant United States Attorney
                                                    Office of the United States Attorney
                                                    Justin W. Williams U.S. Attorney’s Building
                                                    2100 Jamieson Ave.
                                                    Alexandria, VA 22314
                                                    Tel: (703) 299-3757
                                                    Fax: (703) 299-3983
                                                    Email: meghan.loftus@usdoj.gov

                                                    Counsel for Defendant




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