Peter Yim v. NIH, No. 21-07031, 2023 WL 2675133 (D.N.J. Mar. 29, 2023) (Quraishi, J.)

Peter Yim v. NIH, No. 21-07031, 2023 WL 2675133 (D.N.J. Mar. 29, 2023) (Quraishi, J.)

Re:  Request for records concerning certain documents and records relating to NIH’s COVID-19 treatment guidelines and recommendations

Disposition:  Granting defendant’s motion for summary judgment

• Litigation Considerations, Mootness and Other grounds for Dismissal:  The court holds that “Defendant has produced all the responsive records in its possession.”  “Plaintiff has not argued or alleged that Defendant is improperly or deliberately withholding any records, nor does Plaintiff dispute that the documents contained within the NIH Link are responsive to his request.”  “Plaintiff argues in his opposition brief that he submitted his FOIA request to the NIH to find out who made the recommendation on the use of ivermectin for the treatment of COVID-19.”  “However, Plaintiff’s FOIA request does not specify that it seeks such records disclosing information regarding ‘who made the ivermectin recommendation.’”  “FOIA only requires that agencies make available requested records, provided that the request ‘reasonably describes such records.’”  “Based on the text of Plaintiff’s FOIA request describing the requested records, and absent any objections that the records provided were not responsive, the Court finds that NIH provided documents responsive to Plaintiff’s request.”  “Accordingly, Plaintiff’s FOIA claim is now moot.”
   
• Litigation Considerations, Adequacy of Search:  “[B]ecause Defendant has provided affidavits supporting its assertion that it conducted a reasonable, adequate and good faith search, and it has released all nonexempt material, while Plaintiff has not challenged the adequacy of the search or the documents produced, the Court concludes that there is no genuine issue of material fact as to NIH having properly discharged its obligation under FOIA.”  The court relates that “‘NIH finalized the search of the requested records, and determined that they had been posted for public inspection on the NIH official government website.’”  “NIH informed Plaintiff that ‘all updates to the Coronavirus Disease 2019 (COVID-19) Treatment Guidelines are publicly available’ and sent the Plaintiff the link to access all responsive documents.”  “Plaintiff does not allege that uncovered documents may exist or that Defendant has improperly withheld any records.”  “Plaintiff offers no arguments or support that raises substantial doubt that Defendant's search was adequate.”