Motion To Seal: WHISTLEBLOWERS & RESEARCH, v. NATIONAL INSTITUTES OF HEALTH,

Summary

A Motion to Seal filed July 15, 2022 by defendant National Institutes of Health in Empower Oversight Whistleblowers & Research v. National Institutes of Health, Case No. 1:21-cv-1275 (LMB/JFA), in the U.S. District Court for the Eastern District of Virginia, Alexandria Division. It is Document 42. Citing Local Civil Rule 5, NIH asks the court to seal part of the plaintiff's opposition to its summary judgment motion (Dkt. 41) and part of Exhibit C (Dkt. 41-3). The motion states the material is two names NIH did not redact on one page of its FOIA production, which NIH has argued are protected from disclosure, and that the plaintiff opposes the motion. It is signed for United States Attorney Jessica D. Aber by Assistant United States Attorney Meghan Loftus.

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Case 1:21-cv-01275-LMB-JFA            Document 42        Filed 07/15/22      Page 1 of 2 PageID# 782



                         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.                 )
                                                    )
                                                    )

                                         MOTION TO SEAL

         Pursuant to Local Civil Rule 5, Defendant National Institutes of Health (“NIH”), though its

  undersigned counsel, hereby respectfully moves to seal part of Plaintiff’s Opposition to Defendant’s

  Motion for Summary Judgment (Dkt. (41) and part of Exhibit C (Dkt. 41-3). The information NIH

  seeks to seal are two names which NIH inadvertently failed to redact on one page of its FOIA

  production to Plaintiff and which NIH has argued are protected from disclosure under 5 U.S.C. §

  552(b)(6). See Def.’s Summ. J. Mem. (Dkt. 37) at 24-30. 1 Plaintiff opposes this motion.

  Dated: July 15, 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

  1
    NIH seeks to seal these materials unless and until Judge Brinkema determines that this information
  is subject to disclosure, at which point NIH concedes this Court must revisit this issue.

Case 1:21-cv-01275-LMB-JFA   Document 42    Filed 07/15/22         Page 2 of 2 PageID# 783



                                           Tel:   (703) 299-3757
                                           Fax: (703) 299-3983
                                           Email: meghan.loftus@usdoj.gov

                                           Counsel for Defendant

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